CHILDHELP SPEAK UP BE SAFE TERMS AND CONDITIONS AGREEMENT
PLEASE READ THIS CHILDHELP SPEAK UP BE SAFE TERMS AND CONDITIONS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE PURCHASING AND/OR USING THE CHLDHELP SPEAK UP BE SAFE CURRICULUM PRODUCT(S) AND SERVICES (COLLECTIVELY "PRODUCT"). BY PURCHASING AND/OR USING THIS PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE OR USE THIS PRODUCT.
1. Training in Use of Product. The Product is intended for use only after appropriate training as provided by Childhelp. You are strongly encouraged to undergo training; however, training does not guarantee correct results or the absence of adverse consequences. Purchase and use of the Product, regardless of training, is subject to the disclaimers, limitations of liability, waivers and indemnifications detailed below.
2. Limited License. Subject to the terms and conditions of this Agreement, you are granted a
limited non-exclusive license to use the Product and related Childhelp Trademarks (defined
below) solely in connection with the presentation of a prevention education curriculum. You
shall adhere to all reasonable operating, and other quality policies, standards and requirements,
applicable to your use of the Product and related Childhelp Trademarks, that are established from
time to time by Childhelp in its reasonable discretion and provided to you.
3. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT YOU ASSUME THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHILDHELP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, REGARDLESS OF WHETHER OR NOT YOU HAVE UNDERGONE TRAINING. CHILDHELP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE PRODUCT IS ERROR-FREE OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHILDHELP OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CHILDHELP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CHILDHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CHILDHELP’S TOTAL LIABILITY TO YOU OR ANY OTHER PARTY FOR ALL DAMAGES EXCEED THE AMOUNT OF THE COST OF THE PRODUCT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5. Waiver and Indemnity. BY USING THE PRODUCT, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD CHILDHELP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE PRODUCT.
6. Intellectual Property. You agree that the Product contains proprietary content, information and material that is owned by Childhelp and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You further agree that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Product or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of Childhelp or a third party. No portion of the Product may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Product, in any manner, and you shall not exploit the Product in any unauthorized way whatsoever. You further agree not to use the Product in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Childhelp is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using the Product. CHILDHELP, CHILDHELP SPEAK UP BE SAFE and other Childhelp trademarks used in connection with the Product are trademarks or registered trademarks of Childhelp in the U.S. ("Childhelp Trademarks"). Other than the limited license granted herein, you are granted no right or license with respect to any of the Childhelp Trademarks and any use of the Childhelp Trademarks.
7. Termination. This Agreement is effective until terminated by Childhelp, in its sole discretion. Your rights under this Agreement, including the limited license to the Childhelp Trademarks, will terminate automatically or otherwise cease to be effective without notice from Childhelp.
8. General. This Agreement constitutes the entire agreement between you and Childhelp and governs your use of the Product, superseding any prior agreements between you and Childhelp. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Childhelp’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Childhelp will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Product. All transactions on the Product are governed by California law, without giving effect to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with Childhelp or relating in any way to your use of the Product resides in the courts in the State of California.
9. Changes. Childhelp reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Product. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Product will be deemed acceptance thereof.
I HAVE READ THE FOREGOING CHILDHELP TERMS AND CONDITIONS AGREEMENT AND AGREE TO ITS TERMS