Terms and Conditions of Use for The Childhood Collective, PLLC
Effective date: September 2020
The following Terms and Conditions of Use are entered into by and between You (“You”) and The Childhood Collective, PLLC, an Arizona professional limited liability company (“Company”, “we”, or “us”) and govern your use of the Company’s website (the “Site”) and of the purchase of or access to the Company’s services (“Services”).
You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at hello (at) thechildhoodcollective.com and we will make reasonable efforts to remove your name, email and access to our Services and website(s).
The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. The Company reserves the right, in its sole discretion, to restrict, change, suspend or terminate access to all or any part or aspect of the Site or Services, including the availability of any feature, database, information, or content, at any time and without prior notice or liability. Continued use of the Site or Services following posting of any changes to the terms of the Agreement constitutes your acceptance of the changes. If you do not agree with the terms of this Agreement at any time, you are required to cease use of the Site and Services.
- Your Information and Account.
- By using the Site and Services, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence if older than 18.
- To use portions of the Site and to purchase Services, you will be required to provide credit card, banking and/or other personal information, including personal data such as your name and address. You agree to provide information that is true, accurate, complete, current, and not misleading.
- To access some Services contained within the Site, you will be required to select a username and password. You are solely responsible for maintaining the confidentiality of your password and agree not to share your password or log in information with anyone outside of your immediate family members living within the same household. You agree to immediately notify the Company if you know or suspect that your account is being accessed or used without authorization. Notwithstanding the foregoing sentence, you are fully responsible for all activity on your account, including, but not limited to, use of your account by any third party. The Company reserves the right, in its sole discretion, to deny access to, or temporarily or permanently suspend your account at any time and for any reason or no reason.
- Health Information. The Site and Services are not intended to diagnose, treat, cure or prevent any disease, disorder, or condition. The Site and Services are not intended to provide medical advice, diagnosis or treatment. The information on the Site, the Services, or other materials the Company may provide to you are designed for informational purposes only and are not intended to be a substitute for informed medical advice, diagnosis, treatment, or care. You should not and agree not to use any of the Company’s Services or other resources without consulting with your child’s medical professional(s). IF YOU THINK YOU MAY HAVE A MEDIAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY. DO NOT RELY ON THE SITE OR SERVICES FOR ASSISTANCE IN SUCH CASES.
- Termination and Access Restriction.The Company reserves the right, in its sole discretion, to terminate your access to the Site and Services or any portion thereof at any time, if You become disruptive to the Company or other Services, if You fail to follow Service guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
- Service Orders.
- Certain Services may be available exclusively online through the Site. These Services may have limited registration slots. The Company reserves the right to limit the quantities of any Services that the Company offers. All descriptions of Services, pricing and availability are subject to change at any time without notice, in the Company’s sole and absolute discretion. The Company reserves the right to discontinue any Services at any time. All Services are intended for your personal, non-commercial use and you agree not to share the Services with any friends or family members other than immediate family residing in the same house.
- The Company reserves the right to refuse any order you place with the Company at any time and for any reason in the Company’s sole and absolute discretion. The Company may, in its sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Company makes a change to or cancels an order, the Company may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed.
- Prices, Taxes, and Non-Refundable. All prices displayed on the Site are quoted in U.S. Dollars. If you order any Services through the Site, you are agreeing to pay the amounts confirmed in your order and that the Company may charge you for such amounts. You can make payment by credit card or other methods offered by the Site. Prices for Services are subject to change at any time. Late payments will accrue interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
- Payment. Amounts due from you may be paid by authorized credit card (your “Card”). The Company uses a third-party credit card processor to process the fees owed by you. You agree that the credit card processor, and not the Company, will be responsible for any errors by the credit card processor in processing fees. When you provide your Card information, you represent and warrant that you are permitted to use the Card and that all Card information and billing information is current, correct, and complete. If you have any question about a charge on your Card, provide written notice to the Company at hello [at] thechildhoodcollective.com. You agree that you will not exercise and unconditionally waive any chargeback rights you may have by use of your Card. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay the Company’s standard processing and collection fee.
- Third Party Websites. As you use the Site and Services, you may encounter links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. The Company recommends that you review the privacy policies of each website you visit. The Company does not endorse, and takes no responsibility for such products, services, websites, and materials. The Company is not responsible for and has no liability for the privacy or other practices of any such third party.
- Exchange of Information.The communications between you and the Company use electronic means, whether you use the Site or send the Company emails, or whether the Company posts notices on the website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from the Company in an electronic form, and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. The Company does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
- Mobile Services. When you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Site must be in accordance with the usage rules established by your mobile device platform or service provider.
- Content. Information, software, text, photographs, graphics, links and other material (collectively, the “Content”) provided on the Site and Services are protected by copyright, trademark or other proprietary rights of the Company or third parties. All Content such as text, graphics, logos, images, as well as the compilation thereof is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Content are the trademarks of their respective owners. Your participation in the Services does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Services, You agree to observe and abide by all copyright and other intellectual property protection. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Services, content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Services. The Company content is not for resale. Your participation in the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
- Restricted Use.You are prohibited from violating or attempting to violate the security of the Site or Services, or otherwise abusing the Site or Services. The framing, mirroring, scraping or data-mining of the Site or Services or any of its content in any form and by any method is strictly prohibited. You may not access the Site or Services through spiders, robots or any other software programs or electronic means that perform multiple, automated, successive queries. You may not use any collaborative browsing or display technologies in connection with your use of the Site or Services. You agree not to use the Site or Services for any illegal purpose, in violation of any law or regulation, or in any manner inconsistent with this Agreement. You agree not to input, distribute, upload, post, transmit or otherwise make available any content or data through the Site or Services that: (i) is confidential; (ii) is unlawful, improper, abusive, harassing, libelous, defamatory, obscene, pornographic, threatening or otherwise objectionable; (iii) you are not authorized or have the right to make available; (iv) violates the rights of others, such as content that infringes any patent, trademark, trade secret, copyright, other proprietary rights or violates any right of privacy or publicity; (v) violates the property rights of others; (vi) offends the community standards of users of the Site or Services; (vii) contains software viruses or any other computer code, files or programs designed to work around any technical limitations in the Site or Services or that would interfere with the proper working of the Site or Services; or (viii) otherwise violates any applicable law. Violations of this Section may result in civil or criminal liability.
- Submissions. The Company does not claim ownership of the information or materials You may provide during the Services (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. In other words, the Company has the right to include your Submissions in the Services and other marketing material going forward. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
- Copyright Infringement. If you believe that your work has been copied and used on the Site or Services in a way that constitutes copyright infringement, please provide the Company with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. The Company cannot take any action with respect to any take down request unless the notice includes all of the information requested. The Company’s Copyright Agent for Notice of claims of copyright infringement can be reached at: hello (at) thechildhoodcollective.com
- Disclaimer of Warranties. THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE SERVICES, INCLUDING ANY TECHNOLOGICAL ASPECTS OF THE SERVICES. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED IN OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. YOU AGREE TO ABSOLVE AND DO HEREBY ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE SERVICES AND/OR ANY INFORMATION AND RESOURCES CONTAINED IN THE SERVICES. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE SERVICES.THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE INCLUDED OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE SERVICES. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME. THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED IN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
- Indemification. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services and related resources, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
- International Use and Export.
- The Company makes no representation that the Site or Services are appropriate or available for use in locations outside the United States. Access to the Site or Services from countries or territories where such access is illegal is prohibited. Those who choose to access the Site or Services outside the United States do so on their own initiative and are responsible for compliance with the laws of the United States.
- The Site and the Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products or services utilizing such data, in violation of the United States export laws or regulations.
- Force Majeure. The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- General Terms.
- Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The information contained in the Services, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
- This Agreement, all intellectual property issues, and your rights and obligations are governed by the laws of the United States of America and the State of Arizona, without regarding conflicts of law provisions. If you are accessing the Site or Services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the Site or Services you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Site or Services and any dispute regarding the Site, Services or this Agreement. You agree that any action to enforce these terms and conditions or in any manner related to the Company will be brought exclusively in the federal or state courts located in Maricopa County, Arizona and you agree to submit to the jurisdiction of such courts. You and the Company hereby expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court located in Maricopa County, Arizona. The prevailing party in any litigation shall be entitled to recover from the other party its reasonable attorneys’ fees (as determined by a court and not a jury) and related costs and expenses incurred as a result of the litigation in addition to such other relief as may be granted.
- You shall not assign or transfer, or purport to assign or transfer, any of your rights or obligations under this Agreement without the prior written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the respective parties hereto.
- Except as otherwise provided in this Agreement, all notices to the Company shall be sent by email to hello (at) thechildhoodcollective.com. Any notices sent by the Company to you shall be sent to the email address. Notice shall be deemed given twenty-four (24) hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or three (3) days after the date of mailing.
Last Updated September 2020
Authorized Users. The website is not directed to and is not intended for access and use by persons under the age of 18. We do not intentionally collect or use personal information from users that we have reason to believe are under the age of 18.
What Personal Information is Collected on the Website? We do not sell, trade, or otherwise transfer your personally identifiable information to third parties. We do not use our website to collect any personally identifiable information about you other than what you provide voluntarily to use of the website, purchasing our services, subscribe to a newsletter, fill out a form, respond to a survey, or for other purposes made apparent at the time you provide your personally identifiable information. To use our website and purchase our services, you will need to provide us with your personal information. We ask for personal information so that we can fulfill your request to use our website and/or purchase our services. If you choose not to provide any personal information, you may not be able to use our website or purchase our services, and we may not be able to fulfill a request you may have. If you provide personal information, you agree to provide true, accurate, complete, valid, and not misleading information and to promptly notify us of any changes in the information.
We do not disclose personal information to third parties except: (1) for the purpose of communicating with you and when it is necessary for completing the transactions you have authorized, including but not limited to providing such information to authorized data processors or mailing services, or to follow up with you after such services have been provided; (2) when it is necessary for employees, agents and contractors to operate or maintain the website or to correct a technical problem; (3) when it is necessary to verify the existence or condition of your account with a financial institution, credit bureau or other third-party; (4) with our affiliates; (5) with our business partners for research or marketing; (6) if we sell or merge the company or its assets with another company; or (7) for fraud protection. We may collect and use usage information to develop new products or services or to provide special offerings to you. We are not required to retain any personal information collected for a single, one-time transaction, where such information is not sold or retained by us.
What Anonymous Information is Collected on this Website? Anonymous information is collected for every visitor to the website. This includes pages viewed, date and time, and browser type. IP numbers are not stored, but are temporarily used to determine domain type and in some cases, geographic region. We do not make any association between this information and a visitor’s identity.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we take reasonable precautions and have security measures in place to protect the loss, misuse and alteration of the information under our control. Additionally, sensitive data is encrypted using industry standard measures to provide an additional level of security. Although we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We are not responsible for any breach of its security or for the actions of any third parties that may obtain any personal information. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of the website. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SECURITY OR INTEGRITY OF THE WEBSITE AND YOUR PERSONAL INFORMATION.
Choice/Opt-Out. If you have registered to receive email communications from us and later change your mind, you may contact us to have your name removed from our distribution lists at the email address below. In connection with specific programs or offerings, by agreeing to participate you are generally agreeing to receive communications from us regarding other programs and special offerings. If you provide information and there is no mechanism to allow you to affirmatively opt-in, you agree that by providing the requested information and your email address, you have agreed to receive future communications from us. You are responsible for contacting us or clicking a link provided in the email if you wish to opt-out of further communications.
Managing Your Data. Contact us in order to: (1) request that we erase or delete personal data from our records; (2) direct our services providers to delete your personal information from their records, if applicable; (3) change or correct personal data; (4) object to, or limit, or restrict use of personal data; (5) to access and request a copy of your personal data that you have provided us with; or (6) make additional requests regarding what personal information is being collected and the purposes for the collection. We may be contacted via email at hello (at) thechildhoodcollective.com. Upon a verifiable request, we will comply with your request to do any or all of the foregoing, free of charge, within 45 days or your request.