Before using AT4P / SpecialChildGuide, you need to be at least 18 years old and agree to these terms. If you’re under 18, a parent or guardian needs to review and agree to these terms for you.
Will these terms ever change?
We constantly try to improve our Services, so we may update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by AT4P / SpecialChildGuide constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We’ll do our best to provide you notice when we make a material change to the Services that would adversely affect you.
You represent and warrant to AT4P / SpecialChildGuide that:
1) you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);
2) all registration information you submit is accurate and truthful;
3) you will maintain the accuracy of such information;
4) if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Use by children
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers notify parents and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13. AT4P / SpecialChildGuide only collects personal information through the Services on a child under 13 where, via the terms described below, we have obtained parental consent to use the Services and disclose that child’s personal information to AT4P / SpecialChildGuide. Except as expressly set forth below, we do not knowingly collect or solicit personally identifiable information from a child under 13
- If the AT4P / SpecialChildGuide account for a child under 13 is inactive for at least twelve months (meaning, that account has not been logged into or received a message through the AT4P / SpecialChildGuide Services in that time), AT4P / SpecialChildGuide’s policy is to remove end-user access to the personally-identifiable information associated with that child’s account. While we delete the end-user accessible portion of the account in these situations, some of the child’s data may persist in the files of AT4P / SpecialChildGuide, and AT4P / SpecialChildGuide’s agents or service providers for some period of time until it is removed from their systems as well.
- We may collect personal information through the Services on a child under 13 but only in support of the learning environment. For AT4P / SpecialChildGuide to collect this type of personal information, AT4P / SpecialChildGuide obtains parental consent, and a student’s school, district or teacher must also agree to obtain parental consent to use the Services. The student’s school, district or teacher may disclose that personal information to us for a legitimate educational interest.
- If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning you must obtain consent from all parents or guardians whose children under 13 will be accessing the Services. If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Services. You also represent and warrant that you are entering into these Terms on behalf of your school or district. For more information on COPPA, please click here.
- If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at firstname.lastname@example.org
Fees and payment; Responsibility for usage charges
Access to and use of AT4P / SpecialChildGuide itself is free for a limited time, but we do offer additional features that require fees. AT4P / SpecialChildGuide reserves the right to charge fees for certain features. We will notify you when we intend to charge for a service or feature, however an upgrade from any free trial to any paid Subscription (as defined below) will end your free trial. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.
If you purchase a subscription to a feature or service that is offered through the Service (a “Subscription”), we will bill the credit card or payment method that you indicate through the Service immediately, and then again at the beginning of each Subscription period. You can cancel Subscriptions at any time from your account page, however, any payment already made for the Subscription period will not be refunded to you. To the fullest extent permitted by law, refunds (if any) are at the discretion of AT4P and may be in the form of credit for the Services. Nothing in these Terms obligates AT4P to issue refunds or extend credit to any party. The fees charged for a Subscription and the features and services provided in connection with a Subscription may be changed by AT4P, in its sole discretion, from time to time, with or without obtaining your consent or giving you notice.
Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are. If you are, for example, a parent who creates a “treatment team” or “care team” of members, then you are an Organizer. If you are, for example, a care giver, teammate or parent who is invited to be or added as a member of a team or group by an Organizer, you are a Participant.. You may not sign up for or use the Services as someone you are not; AT4P / SpecialChildGuide may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.
- If you are a Participant:
- You must get your parent or guardian to read and agree to this Agreement before using the Services if you are under 18.
- You will only join teams or groups to which you have been invited, or to which you belong.
- In certain cases, you may be invited to join a team, group by another Participant who is already a member of that team or group.
- The Organizer and other Participants of your team or group may be able to view information (including your personally identifiable information but not personal contact information), as well as your User Submissions (defined below).
- If you are accessing the Services as an Organizer(such as a parent or other individual creating a team or group) and inviting users to join as Participants:
- The Services may allow you to invite users to join and/or to add users to your team(s) and/or group(s).
- You can invite Participants and other Organizers to your team or group, and communicate with those users, (in some cases, there may be more than one Organizer [parent] per team/group).
- It’s your responsibility to maintain and monitor the accuracy of list of Participants for each of your
- With respect to all users of AT4P / SpecialChildGuide (whether you are a Participant, or Organizer):
IF YOU INVITE OR ADD ANYONE TO USE AT4P / SPECIALCHILD GUIDE AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE (INCLUDING, WITHOUT LIMITATION, IF YOU IMPORT CONTACTS FROM YOUR ADDRESS BOOK TO THE SERVICES), YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED CONSENT FROM EACH PERSON TO:
- RECEIVE SUCH INVITATION AND BE ADDED TO THE SERVICES;
- RECEIVE MESSAGES FROM
- AT4P / SPECIALCHILDGUIDE,
- OTHER PARTICIPANTS OF YOUR TEAM OR GROUP, AND
- OTHERS WHO HAVE ACCESS TO YOUR TEAM OR GROUP;
- PROVIDE THAT PERSON’S PERSONAL INFORMATION TO AT4P / SPECIALCHILDGUIDE.
Registration and security
As a condition to using Services, you may be required to register with AT4P / SpecialChildGuide by selecting a password and providing your name and a valid email address. You will provide AT4P / SpecialChildGuide with accurate, complete, and updated registration information. You may not
- select or use the name or email of another person with the intent to impersonate that person; or
- use a name subject to any rights of any person other than you without appropriate authorization.
AT4P / SpecialChildGuide reserves the right to refuse registration of or to cancel a AT4P / SpecialChildGuide account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of AT4P / SpecialChildGuide. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. AT4P / SpecialChildGuide reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Consent to receive periodic messages
As part of the Services, you will receive communications through the Services, including messages that AT4P / SpecialChildGuide sends you (for example, via SMS, emails, and push notifications). When a Parent/Organizer adds a new Participant to a team or group, that Participant will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the AT4P / SpecialChildGuide application. AT4P / SpecialChildGuide may inform Participants who have not replied that they will automatically be removed from the class or group. AT4P / SpecialChildGuide may also send other administrative messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM AT4P / SpecialChildGuide AS WELL AS TEAM OR GROUP ORGANIZERS AND PARTICIPANTS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND AT4P. If you connect to or use any third party services in conjunction with AT4P, you acknowledge and consent to receive notifications and messages from those third party services. You agree to indemnify and hold AT4P / SpecialChildGuide harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
To permanently cease receiving SMS text messages, please email email@example.com
You agree that you may only use the Services in accordance with AT4P / SpecialChildGuide’s Community Guidelines.
All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you. AT4P / SpecialChildGuide is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:
- without the express prior written consent of the respective owners, and
- in any way that violates anyone else’s (including AT4P / SpecialChildGuide’s) rights.
You will not link to the Services without AT4P / SpecialChildGuide’s prior written consent, except in accordance with the terms of this Agreement.
Under no circumstances will AT4P / SpecialChildGuide be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Your restrictions and responsibilities
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:
- infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
- violates any law, statute, ordinance or regulation;
- is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by AT4P / SpecialChildGuide;
- jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of AT4P / SpecialChildGuide’s third party service providers).
AT4P / SpecialChildGuide reserves the right to terminate access of any third party application or service to our published or unpublished APIs.
AT4P / SpecialChildGuide reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if AT4P / SpecialChildGuide is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not AT4P / SpecialChildGuide, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to AT4P / SpecialChildGuide and to grant AT4P / SpecialChildGuide the rights to use such information as provided herein.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Copyright dispute policy
Under the Digital Millennium Copyright Act (the “DMCA”), online service providers such as AT4P / SpecialChildGuide have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
Third party service providers
AT4P / SpecialChildGuide has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, AT4P / SpecialChildGuide will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless AT4P / SpecialChildGuide from any and all liability arising from your use of any Third Party Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that AT4P / SpecialChildGuide will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between AT4P / SpecialChildGuide users, or between AT4P / SpecialChildGuide users and any third party, you understand and agree that AT4P / SpecialChildGuide is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release AT4P / SpecialChildGuide, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “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.”
Warranty and disclaimer
AT4P / SpecialChildGuide has no special relationship with or fiduciary duty to you. You acknowledge that AT4P / SpecialChildGuide has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release AT4P / SpecialChildGuide from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. AT4P / SpecialChildGuide makes no representations concerning any content contained in or accessed through the Services, and AT4P / SpecialChildGuide will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. AT4P / SpecialChildGuide makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided AS IS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM AT4P / SpecialChildGuide OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT
You will indemnify and hold AT4P / SpecialChildGuide, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL AT4P / SpecialChildGuide OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
- FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO AT4P / SpecialChildGuide HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
- FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
- FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
- FOR ANY MATTER BEYOND AT4P / SpecialChildGuide’s REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at firstname.lastname@example.org. AT4P / SpecialChildGuide may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, AT4P / SpecialChildGuide may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Choice of law and arbitration
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof, unless a state’s law’s explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. AT4P / SpecialChildGuide will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AT4P / SpecialChildGuide’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with AT4P / SpecialChildGuide’s prior written consent. AT4P / SpecialChildGuide may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind AT4P / SpecialChildGuide in any way whatsoever.
Updated June 23, 2017
© AT4P / MySpecialChildGuide 2017 All rights reserved.