Terms of Use of ChoreChampions LLC

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at [www.chorechampions.com?] (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by ChoreChampions LLC (“ChoreChampions”) from time to time in its sole discretion. ChoreChampions will post notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
   
   
2. PRIVACY POLICY. ChoreChampions respects your privacy and permits you to control the treatment of your personal information. A compete statement of ChoreChampions’ current privacy policy can be found by clicking here. [privacy policy link] ChoreChampions’ privacy policy is expressly incorporated into this Agreement by reference.
   
   
3. REGISTRATION. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You are providing your email address for purposes of registering with this service. Correctly entering your email address is important so that you are able to participate in the collaboration process. Occasionally, you will receive newsletters, updates, information, and notices, etc. with information that we deem to be of interest to the members of ChoreChampions. If you do not want to receive newsletters and updates, you may opt out when you register, or, after receiving the newsletters and updates, you may unsubscribe.
   
   

   You will also be asked to provide a Member Name and password. You may not have more than one account or Member Name and may use only one email address for ChoreChampions services. You may not use the account, Member Name, or password of someone else at any time. You agree to notify ChoreChampions immediately of any unauthorized use of your account, Member Name, or password. ChoreChampions shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You will notify ChoreChampions immediately at cs@chorechampions.com of any unauthorized use of your account or any other breach of security that you learn about. You may be held liable for any losses incurred by ChoreChampions, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account and password.

   You certify that you are the Legal Guardian of any children added to your ChoreChampions account, and by registering such children, you also grant the children permission to access certain areas of the ChoreChampions website, including chore lists and chore charts. Please remember that ChoreChampions is designed to appeal to a broad audience. Accordingly, as Legal Guardian, it is your responsibility to determine whether any of the Service areas and/or Site Content are appropriate for your child.

4. USE OF SOFTWARE. ChoreChampions makes certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by ChoreChampions, for you personal, noncommercial, home use only. ChoreChampions does not transfer either the title or intellectual property rights to the Software, and ChoreChampions retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, lease, rent, service bureau, distribute, redistribute, translate, alter, modify, make derivative works of, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by ChoreChampions or its licensors and you may not copy or use them in any manner.
   
   
5. USER CONTENT. You grant ChoreChampions a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Services, you are granting ChoreChampions, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of ChoreChampions, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that ChoreChampions may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content.
   
   
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey all applicable laws and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to the laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Member Name. The burden of proving any Content does not violate any laws or third party rights rests solely with you.
   
   
7. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to: (a) upload, download, display, perform, transmit, or otherwise distribute any Content that (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (iii) advertises or otherwise solicits funds or is a solicitation for goods or services; (b) upload or otherwise introduce viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (c) use metatag searches; or (d) create false identities or impersonate others. ChoreChampions reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and if applicable, to delete any such material from its servers. Decisions regarding whether any actions of Member violate this policy are within the sole discretion of ChoreChampions. Failure to comply with this policy may result in suspension or termination of your Chore Champions membership; see “Alleged Violations” section below for further details. ChoreChampions intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable law.
   
   
8. COPYRIGHT INFRINGEMENT. ChoreChampions has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. ChoreChampions has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service Member who is found to have infringed on the rights of ChoreChampions or of a third party, or otherwise violated any intellectual property laws or regulations. ChoreChampions’ policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ChoreChampions to delete, edit, or disable the material in question, you must provide ChoreChampions with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ChoreChampions to locate the material; (d) information reasonably sufficient to permit ChoreChampions to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notice to be effective, you must provide it to the Company’s designated agent at: Site Manager, ChoreChampions LLC, PO BOX 276211, Sacramento, CA 95827, [PHONE], [FAX], [EMAIL].
   
   
9. ALLEGED VIOLATIONS. ChoreChampions reserves the right to terminate your use of the Service and/or the Site. To ensure that ChoreChampions provides a high quality experience for you and for other users of the Site and the Service, you agree that ChoreChampions or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. ChoreChampions does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ChoreChampions reserves the right to terminate your membership or your access to the Site immediately, with or without notice to you, and without liability to you, if ChoreChampions believes you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Site or the Service by others.
   
   
10. PAYMENT AND CANCELLATION. If you register for Services, the Pay-for Services are for the Members ONLY and may not be shared or features transferred to others. Unless otherwise stated, all fees are quoted in U.S. Dollars. A credit card is required for all Pay-for Services. If you have set up a Pay-for Service account, your credit card will be charged in the manner as set forth in the descriptions at our Premium Services page, at the then current rate, until you notify us of your desire to cancel your subscription. Your subscription will renew automatically. You may cancel at any time before your renewal date. Simply go to the Premium Services page and follow the directions of the online cancellation process. You may also email cancel@chorechampions.com. Unfortunately, due to the nature of our content, we cannot offer refunds. The credit card companies that we accept transactions from may change from time to time; please refer to our subscription registration page for information on credit cards that we currently accept. Upon confirmation of payment to ChoreChampions, you will receive the benefits and features as set forth in the descriptions at the Premium Services page.
    
    

    If your credit card number changes or if you wish to change the credit card to which you are billed, please update your profile to ensure that your access to the Pay-for Services is uninterrupted. We will attempt to notify you via email if we are unable to process your payments, but if we are unable to contact you, your account will be suspended until you provide a valid form of payment. At this point, you will not have access to the Pay-for Services features. If you have any further questions, please contact Community Support at cs@chorechampions.com.

    To cancel your ChoreChampions Services, please go to the Premium Services page and follow the directions of the online cancellation process. You may also send an email to cancel@chorechampions.com with a brief description of why you wish to cancel. Cancellations are processed upon receipt of the request form. When your subscription is cancelled you will receive a confirmation email of the cancellation. If you do not receive this confirmation email please contact us at cancel@chorechampions.com. The cancellation process is also found on the Premium Services page on our website. Cancellations will be effective as of the end of the current billing cycle. Cancellations must be received before the first day of a billing cycle in order to take effect for that billing cycle. We are unable to prorate for partial term usage or for non-usage of the Services while you are an active Member.

11. NO WARRANTIES. CHORECHAMPIONS HEREBY DISCLAIMS ALL WARRANTIES. CHORECHAMPIONS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHORECHAMPIONS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CHORECHAMPIONS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
    
    
12. WARNINGS. CHORECHAMPIONS DOES NOT PROVIDE PROFESSIONAL PSYCHOLOGICAL ADVICE OR COUNSELING. ANY AND ALL INFORMATION, VIDEOS, TOOLS, ETC. ON THE CHORECHAMPIONS WEBSITE ARE INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU THROUGH THE SITE OR SERVICE SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL, OR OTHERWISE. AS THE LEGAL GUARDIAN, IT IS YOUR RESPONSIBILITY TO USE THE CHORECHAMPIONS SITE AND SERVICES UNDER YOUR BETTER JUDGMENT AND TO EXERCISE DUE CARE AND CAUTION WHEN DEVISING CHORE CHARTS/LISTS FOR YOUR CHILDREN OR WHEN USING ANY OTHER CHORECHAMPIONS SITE OR SERVICE; CHORECHAMPIONS IS IN NO WAY RESPONSIBLE FOR ANY INJURIES INCURRED BY YOU OR YOUR CHILD AS A RESULT OF THE CHORECHAMPIONS SITE OR SERVICES A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the site or service. Certain conditions may induce previously undetected epileptic symptoms among users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Site or Service. Immediately discontinue use of the Site or Service if you experience any of the following symptoms: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
    
    
13. LIMITED LIABILITY. CHORECHAMPIONS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHORECHAMPIONS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF SITE OR SERVICES SHALL BE CANCELLATION OF YOUR MEMBERSHIP SERVICES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
    
    
14. AFFILIATED SITES. ChoreChampions has no control over, and no liability for any third party websites or materials. ChoreChampions works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither ChoreChampions nor the Site has control over the content and performance of these partner and affiliate sites, ChoreChampions makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and ChoreChampions assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to websites) that are owned by third parties. You acknowledge and agree that ChoreChampions makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
    
    
15. ROHIBITED USES. ChoreChampions imposes certain restrictions on your permissible use of the Site and the Services. ChoreChampions Site and Services are only available for use by individuals who are age 13 and over; use byanyone age 12 and younger is strictly prohibited. ChoreChampions does not knowingly collect nor keep personal information from children age 12 or younger. If a child age 12 or younger has provided ChoreChampions with personal information, that child’s legal guardian should contact ChoreChampions to have such information deleted. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forgoing any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ChoreChampions in providing the Site or Service. Any violation of the system or network security may subject you to civil and/or criminal liability.
    
    
16. INDEMNITY. You agree to indemnify ChoreChampions for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless ChoreChampions, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other use of your account, of any intellectual property or other right of any person or entity. ChoreChampions will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
    
    
17. COPYRIGHT. All contents of Site or Service are: Copyright ©2007 ChoreChampions, PO Box 276211, Sacramento, CA 95827. All rights reserved.
    
    
18. GOVERNING LAW. The Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Sacramento, California, USA, in all disputes arising out of or related to the use of the Site or Service. You expressly consent to (a) the personal jurisdiction of such courts over you; and (b) the service of process being effected upon you by either mail or registered mail sent to the address you provide ChoreChampions in connection with your subscription for services. To the extent allowed under the law of your jurisdiction, you waive any requirement for personal service of process pursuant to The Hague Service Convention.
    
    
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a wavier of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
    
    
20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by ChoreChampions or by any third party.
    
    
21. CALIFORNIA USE ONLY. The Site is controlled and operated by ChoreChampions from its offices in the State of California. ChoreChampions makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as ChoreChampions’ purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
    
    
22. MODIFICATIONS. ChoreChampions may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. ChoreChampions shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, your shall abide by any such revision.
    
    
23. ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.