Terms of Service

1. Introduction

Our objective is to make this Agreement as user-friendly as possible. However, in certain instances, legal requirements may necessitate the use of formal and technical language, commonly known as "legalese."

These Terms of Service constitute terms of use agreement between you and Idaho AEYC, ("Company," "we," "our," or "us"), governing your use of idahoaeyc.org (the "Website"), including its content, features, and services. By accessing or using the Website, you agree to be bound by these Terms of Service. Please carefully read through the Terms of Service before using the Website.

By accessing and utilizing this Website, you acknowledge and explicitly consent to the following:

1. You hereby accept and agree to adhere to the Terms of Service stated herein.
2. By using this Website, you confirm and guarantee that you are of legal age of majority under applicable law, enabling you to enter into a binding contract with us.
3. If you access the Website from a jurisdiction where such access is not permitted, you do so at your own risk.

We reserve the right to modify and update these Terms of Service at our discretion. Any revisions made will take effect immediately upon being posted and will be applicable to all instances of access and usage of the Website thereafter.

By continuing to use the Website after the revised Terms of Service have been posted, you indicate your acceptance and agreement to the changes. It is your responsibility to regularly check this page each time you access the Website to stay informed about any updates, as they are legally binding on you.

2. Access and Use of the Services

 A. Eligibility Criteria for Users

Our services are designed to cater primarily to parents and legal guardians. By accessing and using our platform, you represent and warrant that you are a parent or legal guardian of a child and comply with the following eligibility criteria:

1. You must be of legal age in your respective jurisdiction to be eligible to use our services and enter into a binding agreement.
2. For services related to minors, obtaining parental or guardian consent is mandatory prior to their engagement. As a parent or guardian, you bear the responsibility of overseeing and overseeing your child's information and engagements on our platform.

We prioritize the privacy and safety of children online and adhere to all applicable laws and regulations, such as the Children's Online Privacy Protection Act (COPPA). If you have any concerns about your child's participation or data privacy, please feel free to contact us for further assistance.

B. License to Use the Services Provided by the Company

Subject to your compliance with these Terms of Service and any other relevant agreements, we grant you a limited, non-exclusive, non-transferable license to access and use the services provided by our company. This license is solely for personal and non-commercial purposes, and you must not use our services for any unauthorized or prohibited activities.

C. Restrictions on Use

To ensure a safe and respectful environment for all users, certain activities and content are strictly prohibited. You agree not to engage in the following actions while using our services:

   1. You must not attempt to gain unauthorized access to our systems, networks, or user accounts.Violation may lead to legal action.

   2. You may not use, reproduce, distribute, modify, or create derivative works of the content provided on the Website without obtaining explicit permission from the rightful owners.

   3. Harassment, abuse, or cyberbullying of users or staff is strictly prohibited.

   4. You must not use our services for any illegal, fraudulent, or harmful activities. This includes but is not limited to the dissemination of harmful content, engaging in illegal activities, or violating the rights of others.

   5. You must respect intellectual property rights, including copyrights, trademarks, and patents. Do not use our services to infringe upon these rights.

   6. Content that is harmful, explicit, or inappropriate for minors is strictly forbidden.

   7. You must not use our services to send unsolicited communications, spam, or any form of promotional content without prior consent.

   8. You shall not manipulate, interfere, or disrupt the integrity or performance of our services, servers, or networks.

We reserve the right to investigate and take appropriate action against any violation of these restrictions. Failure to comply with these guidelines may lead to suspension or termination of your access to our services. We are committed to fostering a safe and positive user experience, and we appreciate your cooperation in adhering to these guidelines.

3. Account Creation and Responsibilities

A. Process for Account Registration

To access certain features and services on our platform, you may be required to create a user account. The account registration process typically involves providing accurate and up-to-date information, such as your name, email address, and other relevant details. By creating an account, you agree to abide by our Terms of Service and Privacy Policy.

B. Responsibility for Maintaining Account Confidentiality and Security

You are solely responsible for maintaining the confidentiality and security of your account login credentials. This includes your username, password, or any other information associated with your account. You must take appropriate measures to prevent unauthorized access to your account and promptly inform us of any suspicious or unauthorized activities related to your account.

C. Obligation Not to Share Login Credentials with Others

Under no circumstances should you share your account login credentials with any other individual or third party. You are not permitted to transfer, sell, or lease your account to others. Any actions taken using your account will be considered your responsibility, whether performed by you or someone with unauthorized access to your account.

4. How We Will Use Your Information

We are committed to protecting your privacy and ensuring the secure handling of your information. This section outlines how we will use the information you provide to us.

A. Information Collection

When you use our platform or interact with our services, we may collect various types of information from you. This information may include:

1. Personal information such as your name, email address, contact number, and any other information you voluntarily provide to us.
2. Device information like data about the device you use to access our platform, such as the device type, operating system, and unique device identifiers.
3. Usage data about your interactions with our platform, such as the pages you visit, the features you use, and the time spent on our platform.

B. Use of Your Information

We will use the information collected from you for the following purposes:

1. To offer and improve our services, personalize your user experience, and respond to your inquiries and requests.
2. We may use your contact information to send you important updates, announcements, and relevant information related to our platform or services.
3. To analyze user behavior, preferences, and trends, which will help us enhance our platform's functionality and user experience.
4. To comply with applicable laws, protect the rights, safety, and security of our users, and prevent unauthorized access or misuse of our platform.
5. With your consent, we may send you promotional materials or marketing communications regarding our platform, services, or special offers.

C. Third-Party Disclosure

We value your trust and will not sell, trade, or transfer your personal information to outside parties without your consent, except as required by law.

However, we may share your information with trusted third-party service providers who assist us in operating our platform and delivering services to you. These third parties will have access to your information solely to perform tasks on our behalf and are obligated to keep your information confidential.

D. Children's Privacy

While we do not grant authorization for children to utilize the platform directly, we do receive information about their child from parents, which we then use. If you are a parent or legal guardian providing consent for your child's engagement on our platform, we may collect and utilize their information following the guidelines outlined in this policy. Ensuring the privacy and safety of children is of utmost importance to us. As mandated by applicable laws, we will acquire verifiable parental consent before making any personal information about your child publicly available.

E. Your Rights

You have the right to access, update, and correct the personal information you have provided to us. If you wish to exercise any of these rights or have questions regarding your data, please contact us, and we will promptly assist you.

F. Data Retention

We will retain your information for as long as necessary to fulfill the purposes outlined in this Terms of Use, unless a longer retention period is required or permitted by law.

G. Consent

By using our platform and providing us with your information, you consent to the collection, use, and disclosure of your information as described in our privacy policy.

Privacy Policy

A. Reference and Incorporation of the Company's Privacy Policy

The protection of your personal information is of utmost importance to us. Our Privacy Policy governs how we collect, use, and protect your data when you access and use our platform. By using our services, you acknowledge and agree to the terms outlined in our Privacy Policy, which is expressly incorporated into these Terms of Service.

Feel free to access the comprehensive privacy statement on our official website. We believe in transparency, and the privacy statement outlines how we collect, use, and safeguard your personal information. Your privacy is of utmost importance to use.

Should you have any questions or concerns about our privacy practices, please do not hesitate to get in touch with our dedicated team by using this link. We are here to provide you with the information and reassurance you need to make informed decisions about your data.

Your trust is valuable to us, and we are committed to addressing any inquiries you may have regarding your privacy and data security.

B. Explanation of How User Data is Collected, Used, and Protected

We collect and process user data to provide and improve our services. The types of data we may collect include personal information provided by you during account registration, communication with our support team, and any data generated or submitted while using our platform.

The collected data is used for purposes such as user authentication, service delivery, personalized experiences, communication, and analytical insights to enhance our services and tailor them to your needs. We take appropriate measures to protect your data from unauthorized access, disclosure, alteration, or destruction. Our Privacy Policy provides comprehensive details on the collection, processing, storage, and sharing of user data.

C. Assurance of Compliance with Relevant Data Protection Laws

We are committed to complying with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the Children's Online Privacy Protection Act (COPPA). Our practices adhere to the principles of data minimization, lawful processing, data accuracy, and user consent.

We respect your rights concerning your personal information, such as the right to access, correct, and delete your data. Our Privacy Policy outlines the specific rights and control you have over your data, and we are dedicated to fulfilling your requests regarding data management in a timely manner.

If you have any concerns or questions regarding the handling of your data, please refer to our Privacy Policy for contact information and procedures to address your inquiries.

At all times, we strive to provide a transparent, secure, and reliable data handling process, ensuring your privacy and data protection. Please review our Privacy Policy to understand how we manage your personal information and safeguard your rights as a user of our platform. By continuing to use our services, you signify your acceptance and understanding of our Privacy Policy and its incorporation into these Terms of Service.

6. Limitation of Liability

A. Disclaimer of Warranties and Guarantees

The well-being of your family and early childhood development is our top priority. We want to emphasize that the use of our services is done at your own discretion and risk. We provide our platform and services on an "as is" and "as available" basis, without any warranties or guarantees, express or implied.

While we strive to deliver the best possible experience, we do not make any representations or warranties regarding the accuracy, reliability, completeness, or timeliness of our services. As the needs and preferences of families and guardians vary, we cannot guarantee that our platform will meet specific individual requirements or expectations.

We take data security and service reliability seriously. However, we cannot guarantee that our platform will be completely error-free or continuously available. We continuously work to ensure the reliability of our services, but there may be occasional interruptions or technical issues beyond our control.

We want to provide the best possible support for your family's early childhood development journey. Should you encounter any difficulties or have questions about our services, please don't hesitate to reach out to our support team. We are committed to assisting you and providing a safe and enriching experience for your family.

B. Limitation of Liability for Damages Arising from the Use of the Services

In no event shall the company, its officers, directors, employees, affiliates, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, data, or other intangible losses arising from or related to the use of our services.

This limitation of liability applies to any claims, losses, or damages arising from any cause of action, including but not limited to contract, tort, negligence, strict liability, or otherwise. The company shall not be liable for any damages resulting from the inability to use our services, unauthorized access to user data, or any other matter relating to our platform.

C. Acknowledgment of the Inherent Risks in Using Online Services

You acknowledge that using online services involves inherent risks, including but not limited to the risk of data breaches, unauthorized access to personal information, and system failures. While we implement security measures to protect your data, we cannot guarantee the complete security of information transmitted through our platform.

It is essential to take appropriate precautions and use your discretion when accessing and using our services. You are responsible for safeguarding your personal information, and you should refrain from sharing sensitive data with unauthorized parties.

We are committed to providing a reliable and secure platform, but we cannot eliminate all potential risks. By using our services, you agree to assume these risks and release the company from any liability associated with their occurrence.

Please note that some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. However, to the fullest extent permitted by applicable law, the company's total liability for any claims arising from the use of our services shall not exceed the amount you paid to access our services, if any.

By continuing to use our platform and services, you acknowledge and accept the limitations of liability stated in these Terms of Service. If you do not agree with these terms, your sole remedy is to discontinue the use of our services.

7. Indemnification

A. Agreement to Indemnify and Hold Harmless the Company from Claims

You agree to indemnify, defend, and hold harmless the company, its officers, directors, employees, affiliates, and agents from and against any and all claims, demands, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in connection with your use of our platform and services or any violation of these Terms of Service.

This indemnification extends to any third-party claims or actions resulting from your user-generated content, unauthorized use of our services, or any other actions or omissions that violate our Terms of Service or applicable laws.

B. Scope of Indemnification, Including Legal Costs and Expenses

Your obligation to indemnify the company includes, but is not limited to, any costs, damages, or expenses incurred by the company in defending against claims brought by third parties. This scope encompasses all legal costs, settlements, judgments, and any other financial obligations resulting from your actions.

The company will promptly notify you of any claims, actions, or demands subject to indemnification. However, the company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us. In such cases, you agree to cooperate with our defense efforts and refrain from settling any matter without our prior written consent.

This indemnification clause is an essential provision that holds users accountable for their actions while using our services. By using our platform, you agree to accept responsibility for any claims, demands, or liabilities that may arise due to your actions or content posted on our platform. The indemnification obligation ensures that you bear the costs and expenses associated with any legal claims against the company resulting from your use of our services.

8. Termination and Suspension

A. Conditions for Termination of User Accounts or Access to Services 

The company reserves the right to terminate or suspend your user account and access to our services under the following conditions:

   1. Any breach of our Terms of Service, including but not limited to prohibited activities, misuse of content, or failure to comply with our guidelines.

   2. Engaging in any illegal activities while using our services or violating any applicable laws and regulations.

   3. Any actions that disrupt, manipulate, or abuse the functionality or security of our platform.

   4. Any infringement of the company's or any third-party's intellectual property rights.

   5. Failure to meet the age eligibility criteria for using our services, especially in cases involving minors without proper parental consent.

   6. Suspicions of fraudulent activities, unauthorized access, or security risks related to your account.

B. Right of the Company to Suspend or Terminate Accounts for Violations

In the event of any violation of our Terms of Service or the occurrence of conditions outlined in section A, the company reserves the right to suspend or terminate your user account and access to our services without prior notice. We may take immediate action to protect the integrity of our platform and the safety of our users.

The decision to suspend or terminate accounts is solely at the discretion of the company and may be based on our internal investigations or reports from other users.

C. Consequences of Termination (e.g., Loss of Access to Content)

Upon termination or suspension of your account, you will lose access to our platform and any associated content, including user-generated content, messages, and data. We are not responsible for retaining or providing access to any data or content after termination.

Additionally, if you violate our Terms of Service or applicable laws, you may be subject to legal consequences or liability for your actions.

Please note that the termination or suspension of your account is at the company's sole discretion and may be conducted without prior notice. We take such actions seriously to ensure the safety and compliance of our platform. If you believe your account was terminated or suspended in error, you may contact our support team to address the issue. However, the company's decision in such matters is final.

9.  Governing Law and Dispute Resolution

A. Choice of Governing Law for the Terms of Service

These Terms of  Services and any disputes arising from or relating to these terms, our platform, or services shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of laws principles. Any legal action or proceeding arising from or related to these Terms of Service must be brought exclusively in the competent courts of the State of Idaho, and you consent to the jurisdiction of such courts.

B. Agreement to Resolve Disputes through Arbitration or Mediation

In the event of any dispute or claim arising from or relating to these Terms of Service, our platform, or services, both you and the company agree to first attempt to resolve the matter informally through negotiation or mediation. If such resolution is not achieved within a reasonable time or if either party declines mediation, the dispute shall be finally settled by binding arbitration administered by [Arbitration Service/Institution]. The arbitration shall be conducted in accordance with their rules and under the supervision of a qualified arbitrator.

The decision of the arbitrator shall be final and binding on both parties. The arbitration will be conducted in [Jurisdiction], and the language used in the arbitration proceedings shall be English Language.

C. Exceptions for Injunctive Relief or Small Claims Court Actions

Notwithstanding the arbitration provision in section B, either party may seek injunctive relief or take legal action in small claims court to address immediate or urgent matters, such as a violation of intellectual property rights or unauthorized access to the platform.

Additionally, both parties retain the right to pursue claims in court that fall within the jurisdictional limits of small claims courts.

The choice of governing law, dispute resolution through arbitration or mediation, and the exceptions provided in this section aim to ensure fair and efficient resolution of any disputes that may arise from these Terms of Service or your use of our platform and services. By using our services, you agree to abide by these terms and to resolve any disputes in accordance with the procedures outlined above.

10.  Changes to the Terms of Service

A. Notice of Any Updates or Modifications to the Terms of Service

The company reserves the right to update or modify these Terms of Service at any time, at its sole discretion. In the event of any changes, we will provide notice of such updates by posting the revised Terms of Service on our platform or by sending an email to the email address associated with your account.

We encourage you to regularly review this page to stay informed about any changes to the Terms of Service. Your continued use of our platform and services after the revised Terms of Service are posted constitutes your acceptance and agreement to the updated terms.

B. User Responsibility to Review and Accept Revised Terms

By accessing or using our platform, you acknowledge your responsibility to review the Terms of Service periodically. It is your obligation to familiarize yourself with any changes made to the Terms of Service, as they become effective immediately upon posting.

If you disagree with the revised Terms of Service, you must discontinue the use of our platform and services. If you continue to use our services after the revised Terms of Service have been posted, it signifies your acceptance of the updated terms and your agreement to be bound by them.

We value transparency and want to keep you informed about any changes to these Terms of Service. By being aware of and accepting the revised terms, you can continue to use our platform with confidence, knowing that you have agreed to the most up-to-date set of guidelines.

If you have any questions about the Terms of Service, please feel free to reach out to us using this outreach@idahoaeyc.org. Our support team will be happy to assist you and provide any clarifications you may need.