As of January 20, 2019
2. PERSONAL INFORMATION AND PRIVACY PREFERENCES
Upon reasonable request, If I Need Help will provide you with information about whether If I Need Help holds, or processes on behalf of a third party, any of your Personal Information or Personal Information of others. To request this information please contact If I Need Help by email at firstname.lastname@example.org.
You have the right to access and correct, or delete Personal Information and/or privacy preferences at any time. This may be accomplished by clicking on the link, “My Account”, where you can log in to your account and view and make changes to most of your Personal Information immediately. For security purposes, certain Personal Information can only be changed by contacting If I Need Help by email. If I Need Help will respond to your request within a commercially reasonable period of time.
3. COLLECTION OF PERSONAL INFORMATION
Personal Information on this Site is collected by If I Need Help, Inc., a California corporation, with its address at P.O. Box 803356, Santa Clarita, California 91380, USA, and its telephone number of (661) 524-6732.
As a visitor to the Site, you can engage in many activities without providing any Personal Information. However, when you order products or services from If I Need Help for a minor or other person with special needs, If I Need Help may collect the following Personal Information from you:
Contact information such as your name, phone number, mailing address and email address;
Billing information such as the number, expiration date, card type and billing address of your credit card;
Information about the minor or other person with special needs for whom you are ordering the products or services, such as the person’s name and the name and contact information of his or her parent, guardian or caretaker; and
Emergency contact information.
Further, If I Need Help may require you to provide additional information or documentation to verify the Personal Information you provide on the Site. Your credit card number will not be stored.
Depending upon the activity, some of the information that If I Need Help asks you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
When you use or access the Site, If I Need Help or third parties authorized by If I Need Help may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. By way of example and without limiting the foregoing, If I Need Help may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. If I Need Help uses such information to track your use of the Site and its services and to measure traffic patterns on the Site. To better understand the needs of visitors to the Site, If I Need Help may occasionally match such information with your Personal Information.
If I Need Help may, from time to time, supplement the Personal Information you submit to If I Need Help with information from third-party sources, in order to reduce errors in If I Need Help’s database, authenticate users, and prevent abuse of If I Need Help’s systems. To the extent permissible by law, If I Need Help may also supplement the information you provide with demographic and other information (such as age or interest in photography) stored in third-party databases.
4. LIMITED SHARING OF PRIVATE PERSONAL INFORMATION
If I Need Help may use one or more outside credit card processing companies to bill you for If I Need Help’s goods and services. To the best of If I Need Help’s knowledge, such companies do not retain, share, store or use Personal Information for any other purpose.
If I Need Help may also share Personal Information with certain third parties that perform services on behalf of If I Need Help. In such an event, If I Need Help will only share the Personal Information which is necessary for such third parties to perform such services. If I Need Help requires all third parties with which it may share Personal Information to protect such Personal Information in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for If I Need Help. If I Need Help does not sell or otherwise provide Personal Information to third parties for the marketing of their own products or services.
5. USE OF PERSONAL INFORMATION
Process your financial transactions.
Send you order confirmations.
Register your rights, if any, to technical support or other benefits that may be made available to registered users.
Respond to customer service requests, questions and concerns.
Administer your account.
Send you requested product or service information.
Keep you informed about special offers and services of If I Need Help and third parties.
Administer promotions and sweepstakes you enter and notify you of the results.
As discussed more fully below, If I Need Help stores information that is collected through cookies, log files, transparent images, and/or third-party sources. If I Need Help may use such information in conjunction with your Personal Information and/or your membership usage history, in order to provide tailored promotions and marketing offers, to improve the content of the Site for you and/or to determine your preferences.
If I Need Help further reserves the right to disclose your Personal Information as required by law (including, without limitation, to comply with a subpoena, warrant, court order, or legal process served on If I Need Help) and when If I Need Help reasonably believes that disclosure is necessary to protect its rights, avoid litigation or liability, protect the safety of you or others, investigate fraud, and/or respond to a lawful government request. In certain circumstances, If I Need Help may also be required to, or may in its sole discretion, disclose information about you in the event If I Need Help determines that such disclosure must or should be made for reasons of national security, law enforcement, or other issues of public importance.
6. INFORMATION ON PUBLIC PROFILE PAGE
When you order products with QR Codes and/or unique alphanumeric codes from If I Need Help, or when you order services from If I Need Help or otherwise create an account or share Personal Information on the Site, you have the option of creating a “Public Profile Page” that may include any information that you wish to share with the public, such as the name of the person who will be emergency contact information. Your Public Profile Page will include only the information that you wish to share with third parties. Your Public Profile Page can be accessed by any third party with access to the QR Codes and/or unique alphanumeric codes on your customized If I Need Help products.
By providing Personal Information for a Public Profile Page for a minor or other person with special needs, you acknowledge and agree that you are the parent, guardian or caretaker for such person, and you represent and warrant that you have all necessary right and authority to share such person’s Personal Information on the Public Profile Page. By providing Personal Information for a Public Profile Page for a parent or guardian as an emergency contact, you acknowledge and agree that you are the parent, guardian or caretaker identified in the Personal Information, or that you have informed the parent, guardian or caretaker that, in the event a third party has access to the QR Code and/or unique alphanumeric code on any product you order from If I Need Help, that third party can access the Public Profile Page associated with the product’s QR Code and/or unique alphanumeric code, as well as any Personal Information contained therein. You represent and warrant that you have all necessary right and authority to share the Personal Information of the parent, guardian or caretaker on the Public Profile Page.
You hereby expressly authorize If I Need Help to share, publish or disclose any and all Personal Information or other information contained in your Public Profile Page to any third party with access to the QR Code and/or unique alphanumeric code that corresponds to your Public Profile Page. You are solely responsible for ensuring that all Personal Information on your Public Profile Page or other parts of the Site is current and correct. In no event will If I Need Help be liable for sharing any Personal Information or other information contained on your Public Profile Page.
7. DATA RETENTION
If I Need Help will retain your Personal Information for as long as your account is active or as needed to provide you services. If you wish to delete your account or request that If I Need Help ceases use of your Personal Information to provide you services, contact If I Need Help at email@example.com. If I Need Help will retain and use your Personal Information as necessary to comply with If I Need Help’s legal obligations, resolve disputes, and enforce If I Need Help’s agreements.
8. PROTECTION OF YOUR PERSONAL INFORMATION
The Personal Information that you provide in connection with your access or use of the Site is protected as follows:
Access by you to your account profile is available only through a unique password and user name selected by or otherwise assigned to you.
Personal Information resides on a secure server that only authorized If I Need Help personnel and contractors may access.
Personal Information is encrypted whenever it is transmitted by you to If I Need Help through the Site.
When you enter sensitive information (such as credit card number) on If I Need Help’s registration or order forms, If I Need Help encrypts that information using secure socket layer technology (“SSL”).
Notwithstanding the foregoing, no method of data or information transmission over the internet, or method of electronic storage, is completely secure. If I Need Help uses commercially reasonable means to protect your Personal Information, but cannot guarantee its absolute security.
9. COOKIE AND TRACKING TECHNOLOGIES
The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes referred to as web analytics and/or clickstream data.
If I Need Help may combine this automatically collected log information with other information If I Need Help collects about you, in order to improve services offered to you, and to improve marketing, analytics, and provide site functionality.
Technologies such as: cookies, beacons, tags and scripts are used by If I Need Help and its affiliates, analytics services and service to provide Site features and functionality. These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about If I Need Help’s users. If I Need Help may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
If I Need Help partners with a third party to either display advertising on the Site or to manage If I Need Help’s advertising on other sites. If I Need Help’s third-party partner may use technologies such as cookies to gather information about your activities on the Site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
10. LINKS TO THIRD PARTY SITES
11. SOCIAL MEDIA
You can log in to the Site using third party sign-in services that will authenticate your identity and provide you the option to share certain Personal Information with If I Need Help to pre-populate the Site’s sign-up form. Such services give you the option to post information about your activities on this Site to your profile page to share with others.
If I Need Help does not intend to directly solicit or collect Personal Information from anyone under the age of 18. If you are above the age of 18 and intend to provide Personal Information for a minor to If I Need Help, you represent and warrant that you are the parent or guardian of the minor or otherwise have all necessary right and authority to provide the minor’s Personal Information to If I Need Help. If you are under 18, do not enter information on this Site or engage If I Need Help’s services. If you believe a child of yours under the age of 18 has entered Personal Information please contact firstname.lastname@example.org to have the data removed and terminate the child’s account.
13. PRIVACY COMPLAINTS
14. CONTACT INFORMATION
as of January 20, 2019
1. ACCEPTANCE OF TERMS
2. YOUR USE OF THE SITE
2.3 Without limiting the foregoing, you are specifically prohibited from:
(a) downloading, copying, republishing, re-transmitting, reverse engineering, altering or modifying any portion of the Site;
(b) using any data mining, robots, spiders, “deep-linking” or similar data or image gathering, accessing, acquiring, copying, monitoring, or extracting methods in connection with any portion of the Site;
(c) manipulating or otherwise displaying the Site by using framing or linking or similar navigational technology;
(d) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site;
(e) selling, licensing, leasing, assigning or in any way commercializing the Site without specific written authorization from If I Need Help;
(f) taking any action that imposes or may impose (in If I Need Help’s sole and absolute discretion) an unreasonable or disproportionately large load on the infrastructure for the Site or Content; and
2.4 You represent and warrant that:
(a) your use of and access to the Site will at all times comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside;
(c) you will not violate the rights of If I Need Help or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another;
(d) you will not interfere in any manner with the function of the Site or any portion thereof;
(e) you will not sell, lease, lend, or disclose your password and username information for the Site, or the password and username information of another; and
(f) you will not breach the security measures of the Site or any network connected thereto, and further, you will not test the vulnerability of the Site or any network connected thereto.
2.5 The name “If I Need Help” is a trademark of If I Need Help. It may not be copied, imitated or used in any manner except with the prior written permission of If I Need Help, which may be withheld in its sole and absolute direction. Absent If I Need Help’s prior written permission, you may not use metatags or any other hidden text utilizing the name "If I Need Help" or any other trademark or name, or the name of any product or service listed on the Site. If I Need Help’s trademarks and trade dress, including the look and feel of the Site, all page headers, custom graphics, buttons, icons and scripts, are exclusive intellectual property of If I Need Help and may not be copied, imitated or used, in whole or in part, without If I Need Help’s prior written permission. All other product names, company names, logos, trademarks, and registered trademarks depicted on or in the Site are the property of their respective owners and may not be copied, imitated or used except with the prior written permission of their owners.
3. PERSONAL INFORMATION AND PRIVACY
3.1 In consideration of your use of and access to the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to If I Need Help, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify If I Need Help immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to If I Need Help.
4. PURCHASE OF IF I NEED HELP PRODUCTS; USE OF PRODUCTS AND ANCILLARY SERVICES
4.1 You are solely responsible for any and all payments, costs and taxes associated with your purchase of any If I Need Help products. You accept sole responsibility for maintaining complete and accurate public and private profiles for each individual for whom you purchase an If I Need Help product. Without limiting the foregoing, you agree to ensure that all information provided, including but not limited to medical diagnoses and treatments and emergency contact information, is complete, accurate, and up-to-date. Further, you agree to provide current, complete and accurate account and billing information for all purchases made on the Site.
4.2 You represent, warrant, covenant and agree that you will not:
(a) register account(s) or purchase product(s), or attempt to register account(s) or purchase product(s), on behalf of any third party without the express authorization of such party to do so;
(b) redirect an externally hosted domain to the Site or any portion thereof, whether through the use of an If I Need Help product or otherwise;
(c) reverse engineer any If I Need Help product or any portion thereof;
(d) decompile or disassemble any software or firmware components of any If I Need Help product; or
(e) authorize or instruct any other person or entity to do any of the foregoing.
4.3 If I Need Help’s products are provided “as is” and without warranty of any kind, either express, implied, statutory or otherwise. If I Need Help makes no representation or warranty, and specifically disclaims any representation and warranty, that any services related to If I Need Help’s products will be uninterrupted, reliable, accurate, available, free of errors, or free from unauthorized access. You acknowledge and agree that your use of If I Need Help products and related services, including use of any analysis or information provided in connection thereto, by shall be at your sole risk and liability. You further acknowledge and agree that certain services related to If I Need Help products are provided by or dependent upon third parties, such as internet providers. In no event shall If I Need Help be liable for any act or omission or the availability or quality of any products or services provided by such third parties. You are solely responsible for the costs and expenses of any use of third party services, including without limitation internet or cellular data providers, that you use in connection with an If I Need Help product.
4.4 You may only use If I Need Help’s products in accordance with the express instructions of If I Need Help. Upon delivery of any If I Need Help product to you, you assume all risk of loss or damage to such product. In the event that any If I Need Help product is damaged or defective upon delivery to you, If I Need Help may in its sole discretion repair or replace such product at no cost to you.
4.5 You acknowledge and agree that the use of If I Need Help products and related services by your dependents does not relieve you of any of your responsibility for such dependents. If I Need Help’s products are not, and should not be used as, a substitute or replacement for regular supervision and treatment by qualified individuals.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNIFICATION
5.2 In no event shall If I Need Help, its owners, officers, directors, employees or agents be liable for any injury, loss, claims or damages that in any way arise out of or result from or in connection with your use of or access to the Site or your purchase or use of any If I Need Help product, including without limitation any direct, indirect, incidental, punitive, consequential, or special damages.
5.3 In the event that If I Need Help provides links from the Site to any third-party website or permits any third party to link from its website to the Site, you should be aware that If I Need Help makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites and accepts no responsibility for the changes and updates made to such websites. Such websites are not under the control of If I Need Help, and it is your sole responsibility to use your own independent judgment regarding the use of such links and websites. The inclusion of any link does not imply affiliation, endorsement, or adoption by If I Need Help.
6. INFRINGEMENT CLAIMS; DMCA NOTICES
6.1 In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, If I Need Help has adopted a policy of terminating, in appropriate circumstances and in If I Need Help’s sole and absolute discretion, the access to the Site of any users who infringe upon the intellectual property rights of If I Need Help or any third party.
6.2 If you believe that any portion of the Site infringes upon any copyright that you own or control, then pursuant to Title 17, United States Code, Section 512, you should notify If I Need Help’s designated agent in a written notice containing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the portion(s) of the Site that you claim is/are infringing;
Your mailing address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6.3 If you believe that such a notice as described in Section 6.2 above was wrongly filed against you, under the DMCA you may send a written counter-notice to If I Need Help’s designated agent containing the following information:
Your name, address, telephone number, and e-mail address;
A description of the Content that has been removed or to which access has been disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
A statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
Your physical or electronic signature.
6.4 DMCA notices and counter-notices should be sent to If I Need Help’s designated agent by mail to P.O. Box 803356, Santa Clarita, CA 91380; or by email to email@example.com.
7. DISPUTE RESOLUTION
7.3 Either party may demand, in writing, that each party’s management representatives meet within fourteen (14) days at such place or in such a manner as If I Need Help may designate to resolve the Dispute. No third party shall have authority to consider or resolve any Dispute that is not first the subject of informal dispute resolution pursuant to this Section 7.3. The parties or their representatives with full authority to settle the Disputes at issue shall attend all meetings.
7.4 If the parties do not resolve a Dispute within fourteen (14) days of the date of the first meeting between management representatives (the “Informal Dispute Resolution Deadline”), you agree to mediate the Dispute within fourteen (14) days of the Informal Dispute Resolution Deadline and at such place as If I Need Help may designate with a mutually agreed upon mediator. If the parties cannot agree upon the selection of a mediator, the mediator will be chosen from the list of certified mediators maintained by a court having jurisdiction over the Dispute. The parties agree to continue to work in good faith to resolve the Dispute prior to the date upon which the mediation is scheduled to take place. If the parties agree on a resolution for the Dispute prior to the scheduled mediation date, the mediation shall be cancelled. The parties agree to share equally the costs of any independent mediator engaged to assist the parties in resolving their Dispute. If you fail to mediate the Dispute within fourteen (14) days of the Informal Dispute Resolution Deadline, you shall be deemed to have waived your right to demand mediation and If I Need Help may, in its sole discretion, proceed directly to litigation or arbitration (as applicable).
7.5 In the event the Dispute is not resolved through mediation, either party may institute litigation to resolve the issues. If litigation is initiated, the parties to this Agreement agree that venue and jurisdiction of any litigation between them will be vested solely in a court of competent jurisdiction sitting in Los Angeles, California, and agree to accept service of process outside of the State of California. The parties expressly agree to waive trial by jury in any such legal proceeding.
(a) If the parties are unable to resolve one or more Dispute(s) by mediation, then the Dispute shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law, but only if the arbitration is properly commenced within the time allowed for similar legal action to be commenced in accordance with the applicable statute of limitations; otherwise, the Dispute is waived. Except as provided herein or by agreement of both parties hereto, the arbitration shall be administered by JAMS or its successor (“JAMS”) and shall be conducted according to the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is initiated (the “Rules”) or, if JAMS is no longer in existence, then the arbitration shall be administered by the American Arbitration Association or its successor (“AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time. The arbitration shall be conducted as expeditiously and economically as reasonably practicable.
(b) The arbitration shall be conducted by one arbitrator (the “Arbitrator”). Unless all parties to the arbitration agree, the Arbitrator shall be a lawyer admitted to practice in at least one State of the United States and need not be on the roster of JAMS or the AAA. The Arbitrator shall be selected as follows: If all parties to the Dispute do not agree upon the Arbitrator within twenty (20) days after commencement of the arbitration, then any party may initiate the following selection process by written notice to the other party. Within five (5) business days after such notice, each side to the Dispute shall simultaneously transmit to each other side a list of four (4) persons qualified to serve as the Arbitrator (the “Candidates”). No party shall nominate a Candidate whom that party knows or reasonably believes to have a conflict of interest rendering the Candidate unable to serve as the Arbitrator. If any single Candidate appears on the list of each side, then that person shall be appointed as the Arbitrator. If more than one Candidate appears on the list of each side, then one of those Candidates shall be selected randomly and that person shall be appointed as the Arbitrator. If no Candidate appears on the list of each side then, within three (3) business days after the initial exchange of lists, each side may strike one Candidate from the list of each other side and rank all remaining Candidates in order of preference (with “1” being the most preferable Candidate), and the ranked lists shall be simultaneously exchanged. The Candidate with the lowest total number of points shall be appointed as the Arbitrator. In the event of a tie, one of the Candidates with the lowest total number of points shall be selected randomly and that person shall be appointed as the Arbitrator. If the person selected as the Arbitrator declines to serve or becomes unwilling or unable to serve after selection or appointment, or the administrator declines to appoint that person as the Arbitrator, then the Candidate with the next lowest total of points shall be appointed as the Arbitrator. If any party to the arbitration fails to timely participate in the foregoing selection process then the administrator shall select and appoint the Arbitrator pursuant to the Rules, except that each recalcitrant party shall be excluded from that selection process.
(c) The Arbitrator shall entertain any demurrer, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or United States federal rules of procedure, as applicable.
(d) The exchange of information in the arbitration shall be governed by the Rules except as follows: (i) no side shall take the deposition of more than three (3) individuals (including the use of corporate, “persons most knowledgeable,” F.R.C.P. 30(b)(6), or similar deposition notices or devices) unless, upon a showing of extraordinary cause, the Arbitrator permits that side to take a limited number of additional depositions; (ii) each side shall be entitled to the limited discovery of documents (including electronically stored information) which are directly relevant and material to the Dispute and are produced in response to a request that is narrowly tailored to minimize both the burden and expense of the responding person and the disclosure of confidential, sensitive or financial information; (iii) no party shall propound interrogatories or requests for admission unless permitted by the Arbitrator upon a showing of extraordinary cause; and (iv) upon the request of any party, the Arbitrator shall weigh the anticipated burden or expense of any requested discovery against its likely benefit, and shall impose any reasonable conditions on that discovery, including, without limitation, allocation of the expense of the discovery to the party seeking it.
(e) The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it (the “Award”). The Award shall be final and binding on the parties and, if the Award is not fully satisfied within ten (10) business days after its issuance, then judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You hereby irrevocably submit to the personal jurisdiction and venue of a state or federal court of competent jurisdiction in Los Angeles County, California for any purpose permitted herein.
(f) The administrative costs of the arbitration, including fees of the Arbitrator, initially shall be split equally between the sides; provided, however, that the Arbitrator may, in his or her discretion, allocate such costs in favor of any prevailing party.
(g) If all or any portion of a Dispute is held to be non-arbitrable then that Dispute (or portion thereof) shall be adjudicated by a single referee appointed in accordance with the procedures set forth in Sections 638 et seq. of the California Code of Civil Procedure by a state or federal court of competent jurisdiction in Los Angeles County, California.
7.8 Any notices being sent under this Section 7 must be sent via email to firstname.lastname@example.org. All notices to you will be sent via email to the email set out in your account.
8.1 You may not assign your right to access this Site or use an If I Need Help product or service, as applicable, without the prior written consent of If I Need Help. Any attempt to assign your rights hereunder without If I Need Help’s consent shall be null and of no effect.
8.3 Under California Civil Code Section 1789.3, California users of If I Need Help’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.