Last Updated: February 6, 2023
Agreement to Terms
Welcome to EnrichedHQ, located at https://enrichedhq.com/(our “Site”). EnrichedHQ (“EnrichedHQ”, “Us”, “Our”, or “We”) provides the enrichedhq.com and enrichedhqmarket.com sites and all related websites (the “Website”), a web application and various related services (collectively, the “Services””) to you, the user (“User”, “You”, or “Your”, which include “Parent” (as defined below) unless otherwise indicated), subject to Your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service ”) as well as any other written agreement between Us and You.
By clicking “I Agree,” or by accessing or otherwise using the Services, you agree to be bound by these Terms. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Description of the Services
The Services are comprised of an online platform through which EnrichedHQ engages 3rd party providers (“Vendor Providers”) to deliver live video interaction with the children of parents or legal guardians who desire to engage their children in recreational projects (each a “Module”). Parents or legal guardians who desire to engage us to provide such services (collectively, “Parents”) may schedule and pay for the provision of such services, pursuant to the terms and conditions set forth herein. The recipients of the services provided by us include the Parents and the children of such Parents who are specifically permitted by the Parent to access the services (collectively, “Users”).
The Services provide Parents with the capability to purchase one or more Modules for access to and use by a User. A Module consists of a live video interaction by a 3rd party Vendor Partner, whereby the Vendor Partner engages in the Parent-approved and purchased Module with the User, on the date and at the time such Module is approved by the Parent for presentative to the User. The Module may be a 1:1 or group activity as described in the Module description and registration.
The information set forth on Our Website and Portal about each Module and Vendor Partner is based on the most accurate and up-to-date information that We have obtained from each Vendor Partner. Because the Modules are interactive and specialized for presentation to each User, We make no representation or warranty as to the specific content provided to, or experience gained by, any User.
You understand and agree that EnrichedHQ has performed clearances on each Vendor Partner (collectively “Clearances”), and such clearances are updated in accordance with state and federal requirements. Except as otherwise set forth in these Terms of Service, We disclaim all liability to the maximum extent permitted by law.
Although We make the Services available to the general public, in the event that You purchase a Module through Our Website or Portal, You are responsible for providing, at Your own expense, all equipment necessary to use the Services, including a computer, network hardware, Internet access, and access to any application or software necessary to view or access the Services.
The Services are made available to Parents by use of third-party, web-based video conferencing tools with a local, desktop client and a mobile app that allows users to meet online, with video (“Video Conference Tool”). If You purchase the Services through Our Website or access them through a Portal, You must agree to allow Us to provide the Services to applicable Users by way of the Video Conference Tool that We have selected to utilize to provide the Services. You must have an active account with the service provider of the Video Conference Tool to utilize the Services. You are solely responsible for any problems, inconsistencies, connectivity, or access issues that You may have with the Video Conference Tool, or any other third-party provider when attempting to access the Services, and We make no representation relating to any third-party provider services or products.
Description and Use of Portal
Certain Users may access the Services through a designated web portal (each a “Portal”) that We have established for a third party (which may include Your employer) that has contracted with EnrichedHQ to provide You with access to the Services through the designated Portal for that third party. Your use of and access to the Services through a Portal subjects You to these Terms and Conditions as if You were solely contracting with EnrichedHQ directly as described in Section 1(a) above. You recognize that the third party will not contact EnrichedHQ on your behalf for any reasons, as the third party is not a party to the contract between You and EnrichedHQ, nor is the third party responsible for checking or advising you as to these Terms of Service. You also acknowledge and agree that when You access the Services through a Portal, We provide such third parties contracting with EnrichedHQ for access to a Portal for its designated users information relating to the designated users’ use and access of the Services through the designated users’ Portal.
Vendor Partner Obligations/Responsibilities
While We employ Vendor Partners and perform Clearances on such individuals, the Vendor Partners are solely responsible for compliance with all applicable laws. We do not certify or represent that any Vendor Partner has any specialized training or skill relating to the activities conducted in the Modules. The Modules are presented by the Vendor Partners for recreational purposes only and are not intended to convey any specialized information or knowledge to any User.
As part of the Services, Parents may send communications regarding the Services to Vendor Partners and/or other Parents. These communications may be delivered to third-party e-mail providers, over which EnrichedHQ has no control. By sending such communications, You agree that those communications may be transferred to and stored with a third-party provider.
All matters concerning Modules (or any other products or services) desired from a Vendor Provider, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and such Vendor Provider. We make no warranties or representations whatsoever with regard to anything provided by Vendor Providers. You will not consider Us nor will We be construed as, a party to such transactions, whether or notWe may have received some form of revenue or other remuneration in connection with the transaction.
You agree that We will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Vendor Provider. We will not assume any responsibility or liability for the actions, product, or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
It is the responsibility of the Vendor Provider to communicate its refund policy to you and to issue refunds to you via the Services or otherwise. You understand and agree that Vendor Providers reserve the right to cancel Modules for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, or for any reason that would affect the quality, safety or security of the Module or its participants. In the event of such cancellation, there will be no refund of your payment unless authorized by the Vendor Provider. If you want to request a refund, you must request the refund directly from the Vendor Provider. To the extent that a Module is cancelled or does not meet your expectations for any reason, you must contact the Vendor Provider and your sole and exclusive remedy with respect to the Module is with the Vendor Provider and not with Us. All communications or disputes regarding refunds are between the Vendor Provider and You. We will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with a Module. In addition, We are not responsible for the truth or accuracy of any listings by Vendor Providers or the ability of any Vendor Provider to perform, deliver a Module, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Vendor Providers and/or third parties in connection with the Services to Us, and we, in our sole discretion, may investigate the claim and act.
In order to purchase or otherwise access a Module, a Parent must register their name and email address. Services are accessed on the Website and Portal by use of a third-party service provider. This third-party service provider may request additional information from a Parent to purchase the Services.
You are responsible for all activities that occur under through our Website, Portal, or Services. You are also responsible for maintaining the confidentiality of Your password. You agree not to disclose Your password to any third party. Our personnel will never ask You for Your password. You may not transfer or share Your password, account, or Module access with anyone. You agree not to access the Service by using a false identity or information. You also agree not to access Services on behalf of someone other than Yourself. You agree to notify Us immediately if You suspect any unauthorized use of any Module or Your password.
Where you provide any data or information to EnrichedHQ, including without limitation, any information you submit in connection with creating an End-User account and/or utilizing the Services (collectively, “Information”), you agree to provide us Information that is accurate and complete at the date you provide it and, to your knowledge, will remain accurate and complete. If you become aware that Information is or will become inaccurate or incomplete, you will update such Information as soon as reasonably possible. You can do this either through your End-User account or by contacting us. You acknowledge that, if we need to contact you, we can do so via the Information you provide us.
While we work to protect the security of your Information and End user accounts, we cannot guarantee that unauthorized third parties will not be able to access your End-User account. You are solely responsible for all data and information submitted through your End-User account and for everything done through your account, with your password or through any contact details associated with your End-User account, and you must keep your End-User account password secure. There is a limit of one End-User account per person. You may never use another End-User’s account without permission. Please notify us immediately of any breach of security or unauthorized use of your End-User account. For security or other reasons, we may require you to change your password or other information regarding access to our Services; however, you are solely responsible for maintaining the confidentiality of your password, access details, and any additional identifying information.
You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
To the extent required by applicable law, We shall, upon request of the relevant End-User, delete all information that is personal to that End-User. We may, however, (subject to applicable laws or regulations), retain data that may have been obtained by previous interactions with Us provided that that data cannot be linked to any individual person.
Your use of the Services is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communication while using our Services. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to You on or through the Website, Portal or via our Services, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk, or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; or
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party.
You also agree that You will not, under any circumstances:
- as a Parent, submit any information to Us that is false or misleading information relating to You or any other User;
- copy, store or otherwise access or use any information contained on the Website or Portal, or made available through the Services for purposes not expressly permitted by these Terms of Service;
- use the Website, Portal, or Services for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies an EnrichedHQ endorsement, partnership or otherwise misleads others as to Your affiliation with EnrichedHQ;
- as a Parent contact a Vendor Partner directly except as required for the Vendor Partner to deliver Modules or Services paid for by the Parent;
- recruit or otherwise solicit any Vendor Partner to join third-party services or websites that are competitive to EnrichedHQ, without EnrichedHQ prior written approval;
- recruit or otherwise solicit any User to join third-party services, applications, or websites, without Our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; or
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website, Portal, or the Services.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by Users of the Services. We generally do not pre-screen, monitor, or edit the content posted by Users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through these Services. However, We and Our agents have the right, at Our sole discretion, to remove any content that, in Our judgment, does not comply with these Terms of Service and any other rules of User conduct for Our Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Us arising out of such removal of content. (See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.)
In addition, You may not use our Website, Portal or the Services to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Services may be available to You or other authorized Users of the Website and Portal. You shall not interfere with anyone else’s use and enjoyment of the Services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that We have the right to investigate and prosecute violations of any of the provisions set forth herein and that We have the right, at any time, at Our sole discretion, to terminate, remove, cancel or disable Your access to the Services including any Module, or any other affiliation You may have with Our Services, without prior notice to You for violating any of the provisions set forth herein or any applicable federal, state or local laws, rules or regulations. In addition, You acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Children’s Online Privacy Protection Act.
Our Services are not intended to be directed or marketed to persons under the age of 16. Our Services are only accessible and may only be purchased by a Parent who is at least 18 years of age or older. Our Services cannot be accessed or engaged unless a Parent agrees to these Terms of Service and provides payment for the Services on behalf of persons under 16 years of age. If you are under 18 years of age, you are not permitted to register to access or pay to use Our Services. We collect only the email address and name of the Parent and require that the Parent provide Us with the first name, last name and age of a child who is authorized by a Parent as a User. We also request certain information about the User from the Parent, such as the User’s grade in school, number of siblings, and areas of interest relating to potential Services to be provided to the User. We do record selected sessions for internal research and marketing purposes, but only when a Parent has executed a waiver permitting such recording. Otherwise, except as specifically provided herein for Users through a Portal, we do not sell or share any personal information of any User to any third party. If you purchase a Module, you understand that the Users’ images may be projected to other Users accessing the same Module. We cannot control the actions of Users while they are accessing the Module.
Changes/Discontinuation to Terms of Services, Services and End-User Account
We may modify these Terms at any time, in Our sole discretion. If We do so, we will let you know either by posting the modified Terms on the Site, in the web application, or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms or have communicated them to you, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you will no longer be able to use the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
We further reserve the sole right to either modify or discontinue the Services, including any of the features of the Services, at any time with or without notice to You. We will not be liable to You or any third-party should We exercise such right. Any new features that augment or enhance the then-current Services on this Website or Portal shall also be subject to these Terms of Service.
You may delete your End-User account at any time by contacting firstname.lastname@example.org You may be asked to provide further proof that you are the holder of the End-User account. This is a permanent process and we do not guarantee that your account will be able to be reactivated. Please consider the decision carefully. We reserve the right to delete your End-User account at any time at our discretion. If your End-User account is terminated because you have breached these Terms of Service, we may prohibit you from establishing another End-User account. Where an End-User account is cancelled, lapses, or is terminated, we are entitled to close the End-User account and entitled (but not obligated) to delete all content associated with that End-User account. Your obligations and our rights under these Terms of Service survive the termination and deletion of your End-User account.
Upon termination or suspension, regardless of the reasons therefore, Your right to use the Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your access to the Services, the Website and Portal, and all related information and files relating to Your registration and/or bar any further access to such files or the Services. We shall not be liable to any User or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by Us in connection with such termination or suspension.
Limitations of Our Services
Each Module is intended to be viewed and utilized only by the children of the Parent who has purchased the Module or accessed the Portal. Except as specifically provided in these Terms of Service, Users are absolutely prohibited from taping, rebroadcasting or any other use of a Module presented by a Vendor Partner.
We are not responsible for the conduct, either online or offline, of a Parent or any other User of the Services, Website or Portal. We do not assume and expressly disclaim any liability that may result from such conduct, or the use of information provided on Our Website, Portal, or the Services. All Users, including Parents expressly agree not to hold either EnrichedHQ or its officers, members, managers employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners liable for the actions or inactions of any Parent or User or other third-party or for any information, instruction, advice or services which originated through the Website, or Portal, or as a result of the Services. We expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from such actions, inaction, or information.
Interruptions to the Website or Portal
You acknowledge that access to the Website or Portal may from time-to-time be unavailable to You, whether because of technical failures or interruptions, intentional downtime for service or changes to the Website or Portal, or otherwise. You agree that any modification of the Website or Portal, and any interruption or unavailability of access to the Website or Portal shall not constitute a default of any obligations of EnrichedHQ under these Terms of Service, and We shall have no liability of any nature to You for any such modifications, interruptions, unavailability, or failure of access.
Intellectual Property Information
For purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by You on the Website or Portal, or by using the Services. This includes message boards, chat, and other original content.
You acknowledge and agree that all content presented to You by using the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of EnrichedHQ and/or its licensors. Users are only permitted to use the content as expressly authorized by Us or the specific content provider. Excluding any content to which You hold the original copyright, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Website, Portal, or the Services in any form or by any means without prior written permission from Us or the specific content provider. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website, Portal, or through the Services. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither We nor Our licensors warrant or represent that Your use of materials displayed on, or obtained through, the Services will infringe the rights of third-parties. (See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.)
All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of EnrichedHQ and/or its licensors. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Service grants You any right to use any trademark, service mark, logo, and/or the name of EnrichedHQ or its licensors.
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us under any circumstance.
We respect the intellectual property of others, and We ask You to do the same. If You or any User of the Services believe its copyright, trademark or other intellectual property rights have been infringed by a posting on the Website or Portal, You or the User should send notification to the email address below immediately. To be effective, the notification must:
- Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
- Identify the material that You claim is infringing the copyrighted work listed in the paragraph above;
- Provide information reasonably sufficient to permit Us to contact You (email address is preferred);
- Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred);
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.“
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;“
You must also sign the notification and send the written communication via email to EnrichedHQ You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website, Portal, and/or Services without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
DISCLAIMER OF WARRANTIES
ALL CONTENT AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR PORTAL FROM US OR A THIRD-PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE WEBSITE, PORTAL, AND THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES ON THE WEBSITE OR PORTAL, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES ON THE WEBSITE OR PORTAL MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THE WEBSITE OR PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
CONTENT AVAILABLE THROUGH THE SERVICES OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH US. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED ENRICHEDHQ SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY. PLEASE REFER TO THE SPECIFIC EDITORIAL POLICIES, IF ANY, POSTED ON VARIOUS SECTIONS OF THE WEBSITE OR PORTAL FOR FURTHER INFORMATION REGARDING WHICH POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE .
YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE AVAILABILITY OF THE SERVICES MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD-PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE SERVICES, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE OF THE SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE WEBSITE OR PORTAL.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR PORTAL, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE THIRD-PARTY WEBSITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Us, You agree to defend, indemnify, and hold Us and Our licensors harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use or misuse of the Services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
Participation in Promotions
From time to time, EnrichedHQ and the Website may communicate with You to provide you with advertisements or other recommendations relating to the Services. You may affirmatively opt in to or opt out from these communications through the Website. From time to time, the Website, Portal, and Services may include advertisements provided by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
From time to time, We may make available a membership program (the “Program”), at no cost to You, where, as a result of the frequency of Your use of the Services or participation in certain promotions offered by Us, You can achieve a certain membership status in the Program entitling You to certain benefits. You understand, agree, and accept the fact that We may, in Our sole discretion, change the terms of, suspend or terminate the Program for any reason, at any time, with or without prior notice to You. You also understand, agree, and accept the fact that a change of terms of or suspension of the Program may result in, and a termination of the Program will result in, the forfeiture of any benefits earned but not redeemed as of the effective date of the change of the terms, suspension, or termination of the Program, respectively.
E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to Parents, either directly or through a third-party provider. We may make available separate supplemental agreements characterizing the relationship between You and Us that, except where expressly noted or contradictory, include these Terms of Service.
We may employ automated monitoring devices or techniques to protect Parents from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
If We make mailboxes available, these mailboxes may have a limited storage capacity. If You exceed the maximum permitted storage space, We may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Although the Website and Portal may be accessible worldwide, only Parents and Caregivers residing or operating in the United States, respectively, are currently legally permitted to register to use the Services. We make no representation that the content or the Services are appropriate in locations outside the United States, including accessing them from territories where the contents or Services are illegal and/or prohibited. Those who choose to access the Services outside the United States in violation of these Terms of Service do so on their own initiative and are responsible for compliance with applicable local laws. Any offer for any product, service, and/or information made in connection with the Website and Portal is void where prohibited.
The Services (excluding any linked sites) are controlled by Us from Our offices within the Commonwealth of Delaware (“Delaware”), United States of America and can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing the Services both You and We agree that the laws of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters, including but not limited to any legal suit, action or proceeding arising out of or related to the Terms of Service or the use of the Website, Portal or Services. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE WEBSITE, OR PORTAL MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any controversy or claim arising out of or in relation to this Terms of Service, or the breach or alleged breach thereof, which cannot be settled amicably, shall be exclusively settled by arbitration in Delaware, which all parties agree is and shall be a convenient forum. Such arbitration shall be conducted in accordance with the Arbitration Rules of American Arbitration Association and the provisions of this Section. The arbitrators may grant any legal and/or equitable relief to which a party may be entitled under the law or legal theory under which the party seeks relief, subject to the limitations of liability set forth in this Terms of Service. The arbitration award shall be given within three (3) months from appointment of the arbitration panel. The award given by the three arbitrators or the majority thereof, shall be final and binding on the parties and shall be subject to no appeal. The award can be enforced in any court having jurisdiction. Unless otherwise required by law or court orders, the substance of any arbitration proceedings shall be kept confidential by all parties and by the arbitrators; however, the fact that such a proceeding exists, or that an award has been rendered, need not be kept confidential. The costs of the proceeding, including the fees and costs of attorneys, accountants, and witnesses, and the compensation of the arbitrators, shall be assessed by the arbitrators against the parties according to the arbitrators’ determination of fault.
In no event shall EnrichedHQ be liable to You for any failure or delay in performing its obligations under these Terms of Service (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond EnrichedHQ’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo or quarantine.
All notices to a party shall be in writing and shall be made via email at EnrichedHQ. We may broadcast notices or messages through the Services to inform You of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by You against Us or Our licensors must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign Your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may freely assign Our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website or Portal, or use of or access to the Services.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and Services available through Our Website and Portal arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service 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.
Any failure by Us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on the Website or Portal, the Services available through the Website and Portal are offered by EnrichedHQ, a Delaware C-Corporation. If You notice that any user is violating these Terms of Service , please contact Us via email at info@enrichedHQ.com.