CHILDHELP ALERT TERMS AND CONDITIONS OF USE

By using or accessing the Childhelp Alert service and/or any related services (collectively, “Childhelp Alert”) of Childhelp Inc. (“Childhelp”), you (“User”) assent to these Childhelp Alert Terms and Conditions of Use (the “Terms”).

1. Limited License. Subject to these Terms and User's prior payment of the applicable fees for subscription to Childhelp Alert, Childhelp grants User a personal, non-exclusive, non-transferable, limited purpose right and license, during the term of this Agreement, to use Childhelp Alert solely for personal, non-commercial purposes.
2. Lawful Use. User acknowledges and agrees that the access of Childhelp Alert is strictly contingent upon User's provision of truthful, accurate and timely information in connection therewith. User represents, warrants, and covenants that: (i) User has not provided and shall not provide any false or misleading information to Childhelp or to third parties in connection with Childhelp Alert; and (ii) User's access and use of Childhelp Alert is and shall be strictly for lawful purposes and solely for the benefit of User's family. The provision of false information constitutes fraud and may subject User to civil and criminal penalties under U.S. federal and state law. Without limitation, User's access of Childhelp Alert upon false information may be deemed an unauthorized access in violation of the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and may constitute federal wire fraud in violation of 18 U.S.C. § 1343. Title 18 authorizes both fines of up to $250,000 per violation and imprisonment. Childhelp reserves the right to report violators to law enforcement authorities and seek prosecution in addition to pursuing its civil remedies to the fullest extent of the law.
3. Payment Terms. Childhelp Alert is available for purchase on an annual or semi-annual basis. Information about subscription prices is available on the Childhelp Alert website. All subscription fees, together with any applicable taxes, are payable in advance in U.S. dollars. Users may purchase Childhelp Alert with a valid check or money order or by credit card. If paying by credit card, User must provide valid credit card account information in order to subscribe to Childhelp Alert. User authorizes Childhelp to charge User’s credit card in advance for the full amount of the subscription fees, together with any applicable taxes. Childhelp reserves the right to change the subscription fees for Childhelp Alert at any time; provided however, that Childhelp will only apply changes to future subscription charges.
4. Automatic Renewal. If User makes an initial purchase by credit card, Childhelp will automatically renew User’s subscription to Childhelp Alert for additional successive equivalent terms as User’s initial subscription purchase. User hereby authorizes and gives consent for Childhelp to automatically charge User’s credit card account for each successive term unless User provides notice of cancellation at least thirty (30) days prior to the end of the current subscription term. Once charged, no refunds will be provided. Notice of cancellation may be given by telephoning, sending an e-mail or writing to Childhelp’s Customer Service. Failure to make a payment is not an acceptable method of cancellation and does not relieve user of the obligation to pay for subscription to Childhelp Alert.
5. Default/No Refund. Childhelp may, in its sole discretion, suspend or terminate User’s subscription to Childhelp Alert if User defaults on payment, that is, User’s credit card issuer/company denies the charge to User’s credit card account. It is User’s responsibility to inform Childhelp of any changes in credit card information. In no event shall User be entitled to a refund in the event that Childhelp terminates User’s subscription for default, for any violation of these Terms, or non-use of Childhelp Alert.
6. Privacy Policy. All personal information, including credit card information, that User provides to Childhelp Alert in connection with Childhelp Alert will be treated in accordance with the Childhelp Privacy Policy, which can be viewed at www.childhelpalert.org
7. User Information and Equipment. User is responsible for providing Childhelp Alert with accurate and updated information, including telephone number(s), zip code(s) and credit card information. User is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Childhelp Alert, and charges related thereto.
8. Intellectual Property Rights. Childhelp exclusively owns all right, title and interest, including all intellectual property rights, in and to Childhelp Alert, all of its content, together with all future enhancements, improvements, and additions thereto. User agrees not to use or copy Childhelp Alert, or any portion thereof, in any manner except as reasonably necessary to make authorized lawful use of Childhelp Alert, or as otherwise expressly permitted by Childhelp.
9. Remedy for Breach User acknowledges that any breach of these Terms or any representation and warranty made herein would cause Childhelp irreparable injury, such that Childhelp would have no adequate remedy at law. In the event of such breach, Childhelp shall be entitled to injunctive relief in addition to any other remedies it may have at law or in equity. Any such breach may also give rise, in Childhelp's sole discretion, to immediate termination of User's right to access Childhelp Alert. Upon such termination for breach, User shall not be entitled to any refund of fees paid prior to the termination.
10. WARRANTY DISCLAIMER. CHILDHELP PROVIDES ITS SERVICES AND INFORMATION "AS IS" AND WITHOUT ANY WARRANTY THAT THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION PROVIDED WILL BE ACCURATE AND ERROR-FREE. USER ACKNOWLEDGES THAT CHILDHELP ALERT IS A COURTESY SERVICE THAT USES AND DEPENDS UPON UNAFFILIATED THIRD PARTIES FOR OBTAINING INFORMATION ABOUT OTHER INDIVIDUALS, INCLUDING CRIMINAL DATA AND PERSONAL BACKGROUND CHECKS. USER AGREES THAT CHILDHELP SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM ANY SUCH THIRD PARTY INFORMATION PROVIDED TO USER AND/OR USER'S RELIANCE ON ANY SUCH INFORMATION. CHILDHELP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CHILDHELP ALERT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY. CHILDHELP SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR TREBLE DAMAGES ARISING FROM OR RELATING TO USER'S USE, OR ACTIONS TAKEN AS A RESULT OF CHILDHELP ALERT OR INFORMATION OBTAINED FROM OR CONCERNING CHILDHELP ALERT, INCLUDING ANY LOSS ARISING FROM INACCURATE DATA, MALFUNCTIONS, INTERRUPTIONS, ERRORS, OMISSIONS, DELETIONS, DELAYS, COMPUTER VIRUSES, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, OR USE OF CHILDHELP ALERT, OR PROBLEMS WITH INTERNET SERVICE PROVIDERS, TELEPHONE SERVICE PROVIDERS, THIRD PARTY ACTIONS, OR OTHER ELECTRONIC COMMUNICATION SYSTEMS PROBLEMS, DIFFICULTIES OR FAILURES, EVEN IF CHILDHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL LIABILITY, INCLUDING, WITHOUT LIMITATION, ACTIONS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, AND STRICT LIABILITY), AND TO DAMAGES ARISING FROM OR ATTRIBUTABLE TO PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF DATA. IN NO EVENT SHALL CHILDHELP'S LIABILITY TO USER EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY USER TO CHILDHELP.
12. Indemnification User shall defend, indemnify, protect and hold harmless Childhelp, and its affiliates, partners, shareholders, directors, officers, employees, agents and representatives, from and against any and all liabilities, judgements, claims, settlements, losses, damages, costs, fees (including attorneys' fees, court fees and expenses), liens, taxes, penalties, obligations and expenses incurred or suffered, arising from User's breach of these Terms or User's alleged violation of any federal, state, or municipal law or ordinance.
13. Waiver. No waiver by Childhelp of any breach of any of these Terms shall be construed as a waiver of any other breach of the same or any other Term. No delay or failure by Childhelp in enforcing any Term shall be deemed to be a waiver of any right hereunder.
14. Severability. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future law, and if the rights of Childhelp will not be materially and adversely affected thereby, (a) such provision will be fully severable, (b) these Terms will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, (c) the remaining provisions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom, and (d) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and acceptable to Childhelp.
15. Governing Law & Forum. These Terms, and any disputes arising from them, or from any use of Childhelp Alert by User, shall be governed by the laws of the State of California without reference to its provisions concerning choice of law conflicts. Any dispute that arises under or relates to these Terms, or from any use of Childhelp Alert by User, shall be resolved exclusively in a court of competent jurisdiction in Los Angeles County, California.
16. Miscellaneous. These Terms shall constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings of the parties, oral and written, with respect thereto. Nothing contained herein, express or implied, is intended to confer upon any third party any rights or remedies, legal or equitable.
17. Modifications. Childhelp reserves the right to change these Terms in whole or in part at any time. User’s continued subscription to Childhelp Alert constitutes User’s acceptance of the change(s).

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