Terms & Conditions

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND HOLISTIC CHILDHOOD INC. (“HC,” “WE,” OR “US”). BY ACCESSING OR USING ANY HC WEBSITE (“WEBSITE”) OR DOWNLOADING, INSTALLING OR USING ANY HC MOBILE APPLICATION (“APPLICATION”), ACCESSING OR USING ANY CONTENT, INFORMATION, SERVICES, FEATURES OR RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATION (COLLECTIVELY WITH THE WEBSITE AND APPLICATION, THE “SERVICES”), CLICKING ON A BUTTON OR TAKING ANY OTHER ACTION TO SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT, OR COMPLETING OUR ACCOUNT REGISTRATION PROCESS, YOU: (1) AGREE TO BE BOUND BY THIS AGREEMENT AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THIS AGREEMENT AS PUBLISHED FROM TIME TO TIME THROUGH THE WEBSITE AND APPLICATION; (2) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY AND, IF APPLICABLE, ON BEHALF OF ANY COMPANY, ORGANIZATION OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU USE THE SERVICES AND TO BIND THAT ENTITY TO THIS AGREEMENT; AND (3) ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IF THAT IS NOT 18 YEARS OF AGE WHERE YOU LIVE) OR THAT YOU HAVE REVIEWED THIS AGREEMENT WITH YOUR PARENT OR LEGAL GUARDIAN AND HE OR SHE AGREES TO THIS AGREEMENT ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THEM. YOU AGREE THAT YOU (AND YOUR PARENT OR GUARDIAN) ARE FULLY ABLE AND COMPETENT TO ENTER INTO AND COMPLY WITH THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OF AGE, YOU UNDERSTAND THAT YOU CANNOT LATER VOID THIS AGREEMENT WITH HC AS A MINOR WITHOUT LOSING ACCESS TO YOUR ACCOUNT (AS DEFINED IN SECTION 2.1) AND THE SERVICES, AND YOUR PARENTS ARE RESPONSIBLE FOR YOUR ACTIONS AND ANY OBLIGATIONS YOU HAVE INCURRED WHILE ENJOYING THE BENEFITS OF ACCESS TO THE FEATURES AND FUNCTIONS OF THE SERVICES AS IF YOU WERE AN ADULT. REFERENCES TO “YOU,” “USER” AND “USERS” IN THIS AGREEMENT REFER TO ALL INDIVIDUALS AND OTHER PERSONS WHO ACCESS OR USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY COMPANIES, ORGANIZATIONS OR OTHER LEGAL ENTITIES THAT REGISTER ACCOUNTS OR OTHERWISE ACCESS OR USE THE SERVICES THROUGH THEIR RESPECTIVE EMPLOYEES, AGENTS OR REPRESENTATIVES. EXCEPT AS OTHERWISE PROVIDED HEREIN, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

NOTICE OF AUTO-RENEWAL: IF YOU PURCHASE A SUBSCRIPTION THROUGH THE SERVICE FOR AN INITIAL PERIOD (SUCH AS A MONTHLY OR ANNUAL SUBSCRIPTION), THEN THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL PERIOD AT HC’S THEN-CURRENT FEE FOR SUCH SUBSCRIPTION, UNLESS YOU OPT-OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH THIS AGREEMENT.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. All Supplemental Terms are hereby incorporated into this Agreement by reference. This Agreement and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY HC IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, HC will make a new copy of the Agreement available on the Website, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account or another manner through the Services (which may include posting an announcement on our Website). HC may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you agree to stop using the Website and the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Use of the Services. The Website, Application, Services (including Wellness Services, as defined in Section 1.1), and the information and content available on the Website, Application and the Services (as these terms are defined herein) (collectively, the “HC Properties”) are protected by copyright laws throughout the world. Subject to the Terms, HC grants you a limited license to use the HC Properties solely for your personal use. Unless otherwise specified by HC in a separate license, your right to use any HC Properties is subject to the Terms.
1. Overview of Wellness Services. Subject to the terms of this Agreement, HC allows parent or guardian Users (“Parents”) to track certain health information related to the Parent’s child (the “Child”) and provide resources for Parents to discover ways to improve health outcomes of the Child (the “Wellness Services”). HC is not a trained or licensed medical professional and is not qualified to diagnose, treat or manage any healthcare conditions. By accepting the terms of this Agreement, (a) you acknowledge and understand that HC is not trained or licensed as a medical professional, and (b) you agree to not rely upon any information provided to you by HC, content received through the Services or other Users when making important lifestyle or health decisions, and that any decisions that you make with respect to your Child’s lifestyle or health will be made based solely upon your own independent judgement. The materials available through our Services is for informational purposes only and should not considered as a diagnosis or professional recommendation or endorsement of any medical treatment, product, drug or any other healthcare service. Our Services are not intended to be a substitute for professional medical advice or treatment.
2. Application License. Subject to your compliance with the Agreement, HC grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
3. Updates. HC may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not wish to use such Updates, your sole remedy is to terminate your Account. If you do not terminate your Account, you will receive Updates automatically. Your continued use of the HC Properties is your agreement to this Agreement with respect to the HC Properties.
4. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any HC Properties or any portion of HC Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other HC Properties (including images, text, page layout or form) of HC; (c) you shall not use any metatags or other “hidden text” using HC’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of HC Properties; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access any HC Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of any HC Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in HC Properties. Any future release, update or other addition to HC Properties shall be subject to the Terms. HC, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of HC Properties terminates the licenses granted by HC pursuant to the Terms.
5. Third-Party Materials. As a part of HC Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for HC to monitor such materials and that you access these materials at your own risk.
6. Limitations of Services and Related Disclaimers of Liability.
  1. YOU MUST IMMEDIATELY CALL “911” AND NOTIFY THE RELEVANT AUTHORITIES IF YOU OR YOUR CHILD ARE EXPERIENCING A MEDICAL EMERGENCY.
  2. THE SERVICES DO NOT INCLUDE THE PROVISION OF ANY HEALTHCARE SERVICES, INCLUDING, BUT NOT LIMITED TO MEDICAL DIAGNOSIS OR TREATMENTS, OR ADVICE CONCERNING THE SAME. HC IS NOT A HEALTHCARE PROVIDER AND DOES NOT CONTRACT WITH HEALTHCARE PROVIDERS FOR SERVICES. IF YOU REQUIRE MEDICAL SERVICES, PLEASE CONTACT A LICENSED HEALTHCARE PROFESSIONAL FOR ASSISTANCE. HC STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR HEALTHCARE PROVIDER BEFORE RECEIVING SERVICES AND TAKE THE ADVICE OF YOUR HEALTHCARE PROVIDER IF HE/SHE RECOMMENDS AGAINST YOUR RECEIPT OF THE SERVICES.
  3. WHILE THE WELLNESS SERVICES WILL HELP YOU FIND RESOURCES RELATED TO YOUR CHILD’S HEALTH CONDITIONS, HC MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER AS TO WHETHER YOU WILL FIND THE SERVICES RELEVANT, USEFUL, CORRECT, RELEVANT, SATISFACTORY OR SUITABLE TO YOUR NEEDS.
Registration
1. Registering Your Account. In order to access certain features of HC Properties, you must become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account through the Website or Services (“Account”).
2. Registration Data. In registering an Account through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (l) at least eighteen (18) years old; (m) of legal age to form a binding contract or that you have reviewed this Agreement with your parent or legal guardian and he or she agrees to this Agreement on your behalf; and (n) not a person barred from using HC Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to monitor use by minors, including your Child, and you will accept full responsibility for any unauthorized use of HC Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify HC immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or HC has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, HC has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account on behalf of someone other than yourself. HC reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use HC Properties if you have been previously removed by HC, or if you have been previously banned from any of HC Properties.
3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to HC Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing HC Properties.
Responsibility for Content
1. Types of Content. You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags and/or other materials (collectively, “Content”), including HC Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not HC, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through HC Properties or data collected by or related to the Services and your use thereof (collectively, “Your Content”), and that you and other Users of HC Properties, and not HC, are similarly responsible for all Content they Make Available through HC Properties (“User Content”). The use of Your Content by HC will be subject to the terms of our Privacy Policy located at: https://holisticchildhood.com/privacy-policy.
2. No Obligation to Pre-Screen Content. You acknowledge that HC has no obligation to pre-screen Content (including, but not limited to, User Content), although HC reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, video, message, voice or other communications. In the event that HC pre-screens, refuses or removes any Content, you acknowledge that HC will do so for HC’s benefit, not yours. Without limiting the foregoing, HC shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
3. Storage. Unless expressly agreed to by HC in writing elsewhere, HC has no obligation to store Your Content that you Make Available on HC Properties. HC has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of HC Properties.
Automatic Renewal
1. Subscription. HC charges a subscription fee (the “Subscription Fee”) for a subscription to the Wellness Services (“Subscription(s)”) through the App Store, Google Play or other external services authorized by HC (each, an “External Service”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis (depending on the type of subscription plan offered by HC and that you have selected when purchasing a Subscription) and commence on the date you first start your Subscription. Once you have purchased a Subscription, your Subscription will continue indefinitely until terminated in accordance with this Agreement and you will be charged HC’s then-current Subscription Fees at the commencement of each Billing Cycle. All questions or disputes regarding any payment of the Subscription Fee are handled by the External Service, not HC.
2. Cancellation. If you do not want your Subscription to renew automatically, or if you want to change or terminate your Subscription, you must log into your External Service account and follow instructions to manage or cancel your Subscription, even if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handed by Apple, not Holistic Childhood. If you cancel your Subscription, you may use your Subscription until the end of the current Billing Cycle and your Subscription will not be renewed after the then-current Billing Cycle ends. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current Billing Cycle.
3. Subscription Fee Payment. The External Service, not HC is responsible for handling all payments of the Subscription Fee. If the External Service does not receive payment from you, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that HC (or the External Service) may either terminate or suspend your Subscription and continue to attempt to charge you until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
4. Free Trials. Any free trial or other promotion to the Wellness Service must be used within the specified time of the trial. If you do not cancel before your free trial period ends, your Account will be converted to a paid Subscription and will be charged in accordance with this Section 4.
User Conduct.
1. Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement):

Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of HC Properties (including your Account), or access to or use of HC Properties;
Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with any HC Property;
Use HC Properties or any part thereof for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation;
Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) in connection with HC Properties; or
Market any goods or services for any business purposes on or in connection with any HC Properties.

General. In connection with your use of HC Properties, you shall not:
1. Make Available any Content that, in HC’s sole discretion, (i) is unlawful, tortious, defamatory, abusive, profane, vulgar, pornographic, obscene, libelous, or racially, ethnically or otherwise objectionable (including nudity); (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, HC personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
5. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, moral, publicity or other proprietary or contractual rights;
6. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
7. Register for more than one Account or register for an Account on behalf of an individual other than yourself;
8. Stalk or otherwise harass, bully or intimidate any other user of our HC Properties; or
9. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

Investigations. HC may, but is not obligated to, monitor or review HC Properties and Content at any time. Without limiting the foregoing, HC shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although HC does not generally monitor user activity occurring in connection with HC Properties or Content, if HC becomes aware of any possible violations by you of any provision of the Agreement, HC reserves the right to investigate such violations, and HC may, at its sole discretion, immediately terminate your license to use HC Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
Ownership
1. HC Properties. Except with respect to Your Content and User Content, you agree that HC and its suppliers and licensors own all rights, title and interest in and to all HC Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or any other HC Properties.
2. Trademarks. “HC” and other related graphics, logos, service marks and trade names used on or in connection with HC Properties or in connection with the Services are the trademarks of HC and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in HC Properties are the property of their respective owners.
3. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in HC Properties.
4. Your Content. HC does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in HC Properties you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. In addition to any other license granted under this Agreement, you grant HC a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of: (a) operating, improving and providing the Services; and (b) compiling statistical and other information related to the performance, operation, and use of the Service. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of HC Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that we may display advertising with or in connection with Your Content. You further acknowledge and agree that HC has no obligation to you in connection with any advertising displayed on or in connection with the HC Properties (including no obligation to share any revenue received by HC as a result of any such advertising). You agree that you, not HC, are responsible for all of Your Content that you Make Available on or in HC Properties.
5. Account. Notwithstanding anything contained herein to the contrary, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of HC.
6. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to HC through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that HC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to HC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of HC Properties.
7. Interactions with Other Users. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that HC reserves the right, but has no obligation, to intercede in such disputes. You use all User Content and interact with other Users at your own risk. You agree that HC will not be responsible for any liability incurred as the result of such interactions.
Third-Party Services.
1. Third-Party Websites, Applications & Ads. HC Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left HC Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of HC. HC is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. HC provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
2. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and HC and not with the App Store. HC, not the App Store, is solely responsible for HC Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with HC Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any HC Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
3. Indemnification. You agree to indemnify and hold HC, its successors, assigns, parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “HC Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of the Services or any other HC Properties; (c) your violation of the Terms (including, without limitation, your submission of false or misleading information through the Services); (d) your violation of any rights of another party, including any Users; (e) your interactions with other Users; and (f) your violation of any applicable laws, rules or regulations. HC 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 HC in asserting any available defenses. This provision does not require you to indemnify any of the HC Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to HC Properties.
Disclaimer of Warranties and Conditions
1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF HC PROPERTIES IS AT YOUR SOLE RISK, AND HC PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
  1. HC MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) HC PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF HC PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF HC PROPERTIES WILL BE ACCURATE OR RELIABLE.
  2. HC MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES.
  3. ANY CONTENT ACCESSED THROUGH HC PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT HC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HC LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. HC MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH HC PROPERTIES.
3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS (INCLUDING MEMBERS AND PEER COACHES) OF HC PROPERTIES. YOU UNDERSTAND THAT HC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF HC PROPERTIES.
Limitation of Liability
1. Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT HC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL HC BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO HC BY USER DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF HC FOR (A) DEATH OR PERSONAL INJURY CAUSED BY HC’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY HC’S FRAUD OR FRAUDULENT MISREPRESENTATION.
3. User Content. EXCEPT FOR HC’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN ITS PRIVACY POLICY, HC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HC AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
Termination.
1. Termination. If you want to terminate the Services provided by HC, you may do so by emailing us at support@holisticchildhood.com. We reserve the right to terminate your access to the HC Properties, at any times, for any reason, in our sole discretion.
2. Effect of Termination. Termination of the Services includes removal of access to the Services and barring of further use of the Services. Upon termination of the Services, your right to use the Services will automatically and immediately terminate. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases and HC will not have any liability whatsoever to you for any deletion of Your Content. HC will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
International Users. HC Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that HC intends to announce such Services or Content in your country. HC Properties are controlled and offered by HC from its facilities in the United States of America. HC makes no representations that HC Properties are appropriate or available for use in other locations. Those who access or use HC Properties from other countries do so at their own volition and are responsible for compliance with local law. HC reserves the right to limit the availability of the Website and/or Services to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion.
Dispute Resolution. Please read the following arbitration agreement in this Section 15 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with HC and limits the manner in which you can seek relief from us.
1. Applicability of Arbitration Agreement.
  1. You agree that any dispute or claim relating in any way to your access or use of the Website or Services or to any aspect of your relationship with HC, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or HC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
  2. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Holistic Childhood Inc., Attn: Legal, 1007 N Orange St. 4th Floor, Suite #3766, Wilmington, Delaware 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, HC will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and HC. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Waiver of Jury Trial. YOU AND HC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and HC are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 17.6.
6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following email address: support@holisticchildhood.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your HC username (if any), the email address you used to set up your HC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with HC.
9. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if HC makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to HC.
Procedures for Making Claims of Copyright Infringement. It is HC’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to HC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on HC Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on HC Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) 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 owner’s behalf. Contact information for HC’s Copyright Agent for notice of claims of copyright infringement is as follows: Holistic Childhood Inc., 1007 N Orange St. 4th Floor, Suite #3766, Wilmington, Delaware 19801, Attn: Copyright Agent.
General Provisions.
1. Electronic Communications. The communications between you and HC use electronic means, whether you visit HC Properties or send HC e-mails, or whether HC posts notices on HC Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from HC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
2. Release. You hereby release HC Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of HC Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a HC Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
3. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without HC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
4. Force Majeure. HC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to HC Properties, please contact us at: support@holisticchildhood.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
6. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and HC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Dallas, Texas.
7. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
8. Notice. Where HC requires that you provide an e-mail address, you are responsible for providing HC with your most current e-mail address. In the event that the last e-mail address you provided to HC is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, HC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to HC at the following address: Holistic Childhood Inc., Attn: Legal, 1007 N Orange St. 4th Floor, Suite #3766, Wilmington, Delaware 19801. Such notice shall be deemed given when received by HC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
9. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
11. Export Control. You may not use, export, import, or transfer HC Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained HC Properties, and any other applicable laws. In particular, but without limitation, HC Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using HC Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use HC Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by HC are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer HC products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
12. Accessing and Downloading the Application from Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
  1. You acknowledge and agree that (i) the Agreement is concluded between you and HC only, and not Apple, and (ii) HC, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between HC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HC.
  4. You and HC acknowledge that, as between HC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and HC acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between HC and Apple, HC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
  6. You and HC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
13. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
14. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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