Terms & Conditions
Thank you for using our services. Healthy Foundations, Inc. Healthy Foundations . We operate the site(s) https://theparentingbridge.com/ and the mobile application (the "Service" or "Services"). These Terms and Conditions of Service apply when you interact with our websites, products and services, and any other sites or services that link or incorporate these Terms and Conditions of Service, and constitute a legally binding agreement between the parties.
Modifications to This Agreement
From time to time, Healthy Foundations may modify this Agreement. Unless otherwise specified by Healthy Foundations, modifications become effective when you access any of our websites or services, including, but not limited to, the Service, for the first time following the modification or enter into a new Order, whichever occurs first. Healthy Foundations will use reasonable efforts to notify you of any changes through communications via posting the modification. You may be required to click to accept or otherwise agree to the modified agreement before continuing use of the Service or entering into a new Order. In any event continued use of the Service after the updated version of this Agreement goes into effect will constitute your acceptance of such updated version.
USE OF ANY SERVICE OR PLACING AN ORDER WITH Healthy Foundations INDICATES THAT YOU HAVE READ THIS AGREEMENT, YOUR ACCEPTANCE OF THIS AGREEMENT, AND YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU ARE PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.
Permitted Use of Service
You may access and use the Service only for your internal business or personal purposes. You are not permitted to use the Services for your own commercial purposes.
The Services provided by Healthy Foundations is not intended for use or distribution in any region, area or jurisdiction where prohibited by law or to or by any person, group or entity where such distribution or use would be contrary to law. Therefore, use or distribution of the Services where prohibited by law is strictly prohibited.
The Services provided by Healthy Foundations are not intended and do not comply with any industry-specific regulations (i.e. FISMA, HIPPA, etc.). As such, you are prohibited from using the Services in a way or manner that would subject the Services to such regulations, nor may you use the Services in a way that would violate the GLBA or any other act or regulation.
In order to utilize Healthy Foundations’s Service, you must become a user. Healthy Foundations has different types of Users depending on the products used:
- Site Visitors
- Trial Users
We refer to all types of users collectively as “Users” or “you”. Only Users may access or use the Service. By becoming a User, you agree to keep your login credentials confidential, take commercially reasonable steps to protect them, and not share them with anyone else. You further agree to promptly notify Healthy Foundations if you become aware of any compromise of login credentials or any error, omission, deficiency or defect located or discovered on the Healthy Foundations platforms.
In order to become a Subscriber, you must submit an “Order.” An Order is any Healthy Foundations provided ordering document, subscription purchase, subscription registration, online registration, order description or order confirmation for sales transactions of Healthy Foundations Service(s), or any other order or agreement entered into that referencing this Agreement.
THE SERVICE IS NOT INTENDED FOR, AND MAY NOT BE USED BY, ANYONE UNDER THE AGE OF 18. BY USING THE SERVICE, YOU AFFIRMATIVELY ASSERT THAT YOU ARE OVER 18 YEARS OF AGE AND THAT YOU ARE THE PERSON WHOSE NAME AND OTHER INFORMATION HAVE BEEN PROVIDED FOR THE ACCOUNT IN USE.
We do not knowingly collect or solicit personal information from children under 13. If we learn we have collected personal information from a child under 13, we will delete that information. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
You agree and covenant not to do any of the following (or allow or assist another to): use the Service for a commercial purpose, copy, duplicate, infringe, scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs or unauthorized data from the Service or Healthy Foundations’s intellectual property rights; use any bot or automated system to access or use the Service; share, provide access to, distribute, sell or sublicense the Service; use the Service on behalf of third parties; use the Service to develop or compete against Healthy Foundations; publish proprietary information, benchmarks or performance information about the Service; interfere with the Service’s operation, transmit or utilize any virus, trojan, spyware or any other form of malware; circumvent access restrictions or conduct any security or vulnerability test of the Service without Healthy Foundations’s express written permission; use the Service for any pornographic, lewd or illegal activity; engage in any fraudulent, misleading or unethical activities related to the Service; allow multiple Users to share account access; violate any law; disparage, tarnish or otherwise speak bad of or harm the Service; use the Service to advertise or sell your own goods or services without express written permission; use the Service in any way that would subject Healthy Foundations to any liability of any nature.
A trademark is a word, logo, phrase, or device that distinguishes a trademark holder’s good or service in the marketplace. Trademark law may prevent others from using a trademark in an unauthorized or confusing manner. All trademarks that appear throughout the Service belong to the respective owners of such marks, including, but not limited to Healthy Foundations. They are protected by U.S. and/or international trademark laws where they are registered. Any use of any of the marks appearing throughout the Service without the express written consent of Healthy Foundations, or the owner of the mark, as appropriate, is strictly prohibited. Furthermore, you may not violate others’ intellectual property rights, including copyright and trademark, including, but not limited to using another’s trademark in a way that may mislead or confuse people about your affiliation, or in any other prohibited means. If you believe that your trademark is being misused by Healthy Foundations or one of its users, or if you desire to obtain authorization of one of our trademarks, please notify us at email@example.com and we will take reasonable actions as appropriate under the circumstances.
Healthy Foundations implements appropriate technical and organizational measures to maintain the security of data, and we have physical, electronic, and managerial procedures to help safeguard, and prevent unauthorized access to and use of data. However, neither people nor security systems are foolproof, including encryption systems. Therefore, while we use reasonable efforts to protect your information, we cannot guarantee it will always be 100% secure. You are responsible for the security of your personal information and assessing our security protocols.
You may be required to register for Services with Healthy Foundations. When registering, you agree to be truthful and honest and not to mispresent your name, age or other requested information. You also agree not to share, disclose or allow another to use your account once registered.
We accept the following forms of payments:
By placing an order or making a purchase with Healthy Foundations, you agree that the information you have provided is your own, current, complete and accurate. You further agree to promptly update any and all payment information. Sales tax will be added to the price of any good or service purchased, as required by law. We may change prices at any time.
By placing your Order you agree to pay any and all charges at the prices then in effect for your purchase and any applicable shipping fees. You authorize us to charge your chosen payment method for any such amounts. If your Order is subject to recurring charges, then you agree and consent to a reoccurring charge of your chosen method of payment for any such charges, without the need for prior authorization.
Fees and Taxes
Fees are as advertised or described at the time of each Order. Unless the Order provides otherwise, all fees and expenses are due at the time of the Order or at the time of renewal. Fees for renewal Subscriptions are at Healthy Foundations’s then current rates, regardless of any discounted pricing in a prior Order. Late payments are subject to a service charge of 1.5% per month or the maximum amount allowed by law, whichever is less. All fees and expenses are non-refundable except as set out in Warranty Remedy or Mitigation and Exceptions. You are responsible for any sales, use, goods and service, value-added, withholding or similar taxes or levies that apply to your Orders, whether domestic or foreign (“Taxes”), other than Healthy Foundations‘s income tax. Fees and expenses are exclusive of Taxes.
All sales are final. No returns or refunds allowed.
Third Party Content
We reserve the right to utilize links to other websites or content (“Third-Party Links”). Healthy Foundations takes no responsibility or liability for any such Third-Party Links. Healthy Foundations neither monitors or investigates any material found via Third-Party Links, and you agree not to rely on Healthy Foundations to confirm accuracy or legitimacy of any Third-Party Links. Providing, allowing or otherwise permitting the use of Third-Party Links by Healthy Foundations is not and shall not be construed as any endorsement of said Third-Party Links by Healthy Foundations. If you decide to utilize Third-Party Links please be mindful that you do so at your own risk and peril. Third-Party Links may not be functional, may be inaccurate, may contain misinformation, may contain virus, trojans, spyware or other harmful codes, may be fraudulent, may be a scam, or may even be unlawful. Any purchase or other financial transaction you make via Third-Party Links will be though a different website. You should exercise your own due diligence to verify the legitimacy of any such transaction before you provide any information whatsoever. Healthy Foundations takes no responsibility whatsoever in regards to any interaction, transaction or purchase you make on another’s website even if accessed via Third-Party Links. You agree and acknowledge that Healthy Foundations does not endorse or service any such products, and agree to hold Healthy Foundations and its successors and affiliates blameless for any harm cause by your use of Third-Party Links.
Right to Use
You grant Healthy Foundations a perpetual, worldwide, royalty free license and the right to use, copy, store, aggregate, reproduce, distribute, transmit and display your data and/or provided or posted content, and to modify and create derivative works therefrom (i.e., for reformatting or other technical purposes), as necessary to provide the Service and technical support to you under this Agreement. This license is irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) and transferable.
You agree that this license includes, without limitation, the right for Healthy Foundations to use, copy, reproduce, distribute, sell, resell, publish, broadcast, store, rename, publicly display or perform, excerpt (in whole or in part), translate or otherwise exploit your data and/or provided or posted content. This right includes the right to use your name, company name, franchise name, likeness and any or all trademarks, service marks, trade names, logos, or images (commercial and/or personal) you have provided Healthy Foundations.
You may elect to proactively delete your account at any time. If your account is deleted due to breaches of this Agreement, all associated content will be deleted permanently and may not be retrievable. Healthy Foundations reserves the right to permanently delete any and all of your content upon cancellation or termination of Service with Healthy Foundations.
User Generated Content
All content associated with your use of the Service is your sole responsibility. This means that you, and not Healthy Foundations, are entirely responsible for all content that you upload, post, email, or otherwise disseminate or transmit via the Service. You agree that: (a) you own all rights, title, and interest in and to the content necessary for your use of the content in the Service and the manner in which you are using it; that (b) you will not use the Service in relation to any activity that would violate any law, rule or regulation, including, but not limited to, those relating to privacy or data protection; and (c) your content complies in all manners with any Community Guidelines that we may post from time to time. Success of your show depends upon you and not Healthy Foundations.
Healthy Foundations does not monitor or guarantee the accuracy, integrity, legality or quality of user generated content. The content provided by you as well as other users on or through the Service may contain inaccurate, inappropriate, incomplete, untruthful, offensive, indecent, or objectionable material for which Healthy Foundations assumes no responsibility. You acknowledge and bear all risk associated with your use or consumption of any content made accessible through the Service, including any reliance on the accuracy, completeness, or usefulness of such content. Under no circumstances will Healthy Foundations be held liable for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content.
Removal of Content
Healthy Foundations does not prescreen or review content in the general course of business. Healthy Foundations may, however, edit, correct, reject, refuse to post, remove, or block access to any content, at any time and without notice, for any reason or no reason, and without liability. Additionally, we may, but are not required to, notify you if we determine that any of your content is inappropriate or does not comply with this Agreement, any posted policies, or applicable laws. To report content that you believe should be removed from the Service, please notify us at firstname.lastname@example.org and inform us of the content you believe should be reviewed or removed and the reasons that we should take such action. Healthy Foundations takes such reports seriously, but does not guarantee or warrant that any action whatsoever will be taken. Healthy Foundations strives to comply with all laws, rules and regulations regarding all content found in the Service.
You are not permitted to use the Service in any illegal manner, or in a way that infringes on the legal or civil rights of others.
You may not use the Service to publish or disclose patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”).
You may not use the Service to publish or disclose banking, credit, debit or other payment card numbers or data.
You may not use the Service to publish or disclose social security numbers, driver’s license numbers or other government ID numbers.
You may not use the Service to publish or disclose any other information subject to regulation or protection under specific laws.
You may not use the Service to publish or disclose any data similar to the above protected under foreign or domestic laws.
You may not use the Service to engage in high-risk activities, or to solicit or encourage others to engage in high-risk activities.
You acknowledge that the Service is not intended to meet any legal obligations for these uses, including HIPAA requirements, and that Healthy Foundations is not a Business Associate as defined under HIPAA. Notwithstanding anything else in this Agreement, Healthy Foundations has no liability for any Prohibited Use of the Service.
In order to comply with our legal obligations, Healthy Foundations must prohibit certain conduct. Accordingly, you agree not to upload, disseminate, distribute, transmit, engage in, link to, or otherwise display content that contains or promotes material that is lewd, pornographic, unlawful, harmful, threatening, abusive, harassing, obscene, hateful, related to or encourages gambling, promotes any form of addiction, exploiting the images of children under 18 years of age, disclosing personal information belonging to children under 18 years of age, libelous or defamatory, intentionally false or deceptive, advocating for the discrimination of a protected group (whether based on race, skin color, sex, religion, nationality, disability, sexual orientation, age, or similar category), advocating for any illegal or regulated activity (including trafficking, use, or abuse of controlled substances or weapons), or that Healthy Foundations deems inappropriate or objectionable.
You agree not to upload any unlawfully recorded conversation.
You agree not to use another’s work as your own and/or without their permission.
You agree not to use automated means, such as, spiders, robots, crawlers, or the like to download, extract or otherwise gather data from any [DBA] network, database, or Users.
You agree not to upload, disseminate, distribute, transmit, link to or otherwise display videos, music and other copyrighted material, or infringes on any legally protectable intellectual property rights of another.
You agree not to upload, disseminate, transmit, link to or otherwise display content or code that contains or causes the downloading of any malicious code that contains or executes any software viruses, worms, Trojan horses, time bombs, logic bombs, keystroke logging, or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment, or that could otherwise delay, disrupt or damage any software, computers or websites.
You agree not to upload, disseminate, transmit, link to or otherwise display Content that uses a botnet or other automated or manual means of generating fraudulent clicks or impressions or otherwise promotes or attempts to encourage impression, click or engagement behavior solely for the purpose of increasing advertising revenue.
You agree not to employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Service.
You agree not to transmit or send any “junk mail” or “spam.”
You agree not to attack the Service via a denial-of-service attack, a distributed denial-of-service attack, or any other form of attack. You further agree not to use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other user’s use of the Service, including their ability to engage in real time activities through the Service, or that of any other website, app, user interface or the like.
You agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service or another User.
You agree not to use or access the Service in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
You agree not to do any of the foregoing via hyperlinks to content that is prohibited by Healthy Foundations.
Suspension of Service
Healthy Foundations may suspend access or remove published content to and use of the Service and related Services in its sole and absolute discretion for breach of this Agreement of any other standards or restrictions imposed by Healthy Foundations. We reserve the right to comply with legal authorities or court subpoena as required by law. No fees paid will be refunded if Healthy Foundations suspends or cancels Service for violating these Terms and Conditions of Service.
If your account becomes overdue, Healthy Foundations reserves the right to suspend Service for non-payment.
When practicable, Healthy Foundations may use reasonable efforts to provide you with prior notice of such suspension. If you are able to resolve the issue requiring suspension to Healthy Foundations’s satisfaction, Healthy Foundations may restore your access to the Service in accordance with this Agreement.
If you access has been suspended for whatever reason, you are prohibited from creating a new account, creating a false account, creating an account under an assumed alias, using another’s account, or from accessing the Service in any other manner.
Right To Refuse Service
Healthy Foundations reserves the right to refuse service, suspend service, cancel service, block service or otherwise prohibit the use of its service to any User.
DMCA Notice and Policy
Healthy Foundations respects the intellectual property of others. If you believe that any content available on or through our Service infringes on your copyright, please immediately notify us (the “Notice”) as set forth below. A copy of your Notice will be sent to the person who posted or stored the material described in your Notice. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in your Notice. As such, if you are not positive if your copyright has been infringed, you should consider first consulting with an attorney before notifying us of any such infringement.
The DMCA has specific requirements that can be found at 17 USC § 512(c)(3). Your Notice needs to comply with such requirements, including, but not limited to: Including a signature of a person authorized to act on behalf of the owner claiming infringement; Identify the copyrighted work claimed to have been infringed, or if multiple infringements are claimed, a list of such works; Identify the material claimed to be infringing that is to be removed from the Service with sufficient details to allow us to identify and remove such materials; Your contact information; A statement setting forth your good faith basis that the infringing material is not authorized by its owner, its agent or by law; A statement that (1) that Notice is accurate, (2) made under penalty of perjury, (3) that the maker of the Notice is authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed upon.
If you receive a copy of a Notice or otherwise believe that your own copyrighted material has been removed from the Service as a result of a mistake or misidentification, you may submit a written Counter Notice to us as set forth below. A Counter Notice, under the DMCA, must include, at a minimum, the following: Identification of the material that has been removed from the Service and the location at which the material appeared before its removal; A statement that you consent to the jurisdiction of the Federal District Court in which your address is located (if you are located outside the U.S., that you submit tot eh jurisdiction for any judicial district in which we are located); A statement that you will accept service of process from the party filing the Notice or their agent; Your name, address and telephone number; A statement made under penalty of perjury that you have a good faith basis that the material in question was removed as a result of mistake or misidentification; Your signature.
If we receive a valid written Counter Notice we may restore your removed materials unless we first receive notice from the party that filed a Notice that they have filed a court action to restrain you from engaging in infringing activity related to the material in question. If you materially misrepresent that the removed content was removed by mistake or misidentification, you may be liable for damages, including attorney’s fees and costs. Under federal law the filing of a false Counter Notice constitutes perjury.
You may contact us at:
Except as expressly provided in this Agreement, Healthy Foundations and any and all Service related thereto is provided “AS IS”. Healthy Foundations and its suppliers make no other warranties, whether express, implied, statutory or otherwise, and expressly waive and disclaim the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement, and any other warranty provided at law to the fullest extent possible.
Healthy Foundations does not warrant that your use of the Service will be uninterrupted, error free, that the Service will meet your requirements, operate in combination with third-party services, or maintain your content or data without loss. Healthy Foundations is not liable for delays, failures or problems inherent in use of the internet and electronic communications or other systems outside of Healthy Foundations’s control.
The “Effective Date” of this Agreement is the date which is the earlier of: (1) your initial access to the Service through any means; or (2) the effective date of your first Order. This Agreement will govern your purchases on the Effective Date as well as any future purchases made by you.
This Agreement shall begin on the Effective Date and remain in full force and effect during all use of the Services.
Neither party grants the other party any rights or licenses not expressly set out in this Agreement. Except for Healthy Foundations’s use rights in this Agreement, between the parties you retain all intellectual property and other rights in your content and your materials provided to Healthy Foundations. Except for your use rights in this Agreement, Healthy Foundations and its licensors retain all intellectual property and other rights in the Service, any deliverables and related Healthy Foundations technology, templates, formats and dashboards, including any modifications or improvements to these items made by Healthy Foundations. Healthy Foundations may generate and use data to operate, improve, analyze and support the Service and for other lawful business purposes. If you provide Healthy Foundations with feedback or suggestions regarding the Service or other Healthy Foundations offerings, Healthy Foundations may use the feedback or suggestions without obligation, restriction, recompense or recourse.
California Users and Residents
If any complaint is not satisfactory resolved, residents of the State of California may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, CA 95834 or by telephone at 800-952-5210 or 916-445-1254.
You agree that Healthy Foundations may include your name, likeness and/or your trademark(s) in Healthy Foundations’s lists and promotional materials.
LIMITATIONS OF LIABILITY - CONSEQUENTIAL DAMAGES WAIVER EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY, ITS CONTRACTORS, AGENTS, SUPPLIERS, OWNERS, DIRECTORS, EMPLOYEES OR ATTORNEYS BE LIABLE TO ONE ANOTHER OR ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, REVENUES, GOODWILL, INTERRUPTION OF BUSINESS OR ANY OTHER USE OF THE SERVICE EVEN IF Healthy Foundations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Except for Excluded Claims, and notwithstanding anything to the contrary contained in this Agreement, each party’s (and its suppliers’) entire liability arising out of or related to this Agreement will not exceed in the aggregate the actual amounts paid to Healthy Foundations by you under this Agreement or at law, whichever is less.
The waivers and limitations set forth in this Agreement apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
“Excluded Claims” means: Your breach of Restrictions or Obligations under this Agreement and amounts payable to third parties under your obligation to indemnify Healthy Foundations under this Agreement.
Indemnification by You
You will defend Healthy Foundations from and against any third-party claim to the extent resulting from your content, your data, your materials, or your breach or alleged breach of any obligation set forth in this Agreement, and will indemnify and hold harmless Healthy Foundations against any damages or costs awarded against Healthy Foundations (including reasonable attorneys’ fees) or agreed in settlement by or resulting from the claim.
Governing Law, Jurisdiction and Venue
This Agreement is governed by the laws of the State of Idaho without regard to conflicts of laws provisions and without regard to the United Nations Convention on the International Sale of Goods. The sole and exclusive jurisdiction and venue for any action related to this Agreement shall be the state courts in and for the county of Ada, Idaho. Both parties submit to the personal jurisdiction of said courts.
Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a pandemic, strike, blockade, war, act of terrorism, riot, Internet or utility failures, government action, refusal of government license or natural disaster.
You agree to comply with all relevant sanctions and foreign export and import laws in using the Service. You represent and warrant that you are not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, (b) agree not to access or use the Service in violation of any U.S. export or economic embargo, prohibition or restriction and (c) will not submit to the Service any information controlled under the U.S. International Traffic in Arms Regulations.
Errors and Corrections
The Service may contain errors, including, but not limited to typographical, inaccuracies, omissions, descriptions pricing, availability, as well as various other forms of errors. We reserve the right to correct any and all such matters and to change or update the Service at any time and without any prior notice.
This Agreement is the parties’ entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. In this Agreement, headings are for convenience only and “including” and similar terms are to be construed without limitation. This Agreement shall become effective as set forth herein and is not required to be executed by any party individually.
Should you need to contact us regarding use of the Service or to lodge or resolve a complaint, you can do so at:
Healthy Foundations, Inc.
2710 W Sunrise Rim Road Suite 110 Boise ID 83705