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Terms & Conditions

CHERP™ Terms & Conditions

Last updated: July 17, 2016

CHERP™ is an online site designed to help parents plan for the worst case scenario so they live a full life, unhindered by worries of what happens to their kids if something happens to them. This site provides general information and self-help on common legal questions regarding children’s care and custody. By using the CHERP™ website, you agree to follow and be bound by these Terms & Conditions (the “Terms & Conditions”) for CHERP™ and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms & Conditions, the words “you” and “your” refer to each customer, Site visitor, or user, ”CHERP™” “we”, “us” and “our” refer to CHERP™.com website and “Services” refers to all services provided by us.

It is your responsibility to review these Terms & Conditions periodically. If at any time you find these Terms & Conditions unacceptable or if you do not agree to these Terms & Conditions, please do not use this Site or any of its offerings. We may revise these Terms & Conditions at any time without notice to you. If you have any questions about these Terms & Conditions, please contact info@myCHERP.net.

General Requirements

You must be over 18 years of age to use this website and a parent or legal guardian of the children who are to be protected by the document generated in this site. You assume any liability for violation of any law or regulation related to the care, custody, and control of a minor child.

CHERP, LLC does not offer legal advice and is not a law firm.

CHERP, LLC is not a substitute for the advice and counsel of an attorney. We do not apply law to your facts nor review any of the information you provide for sufficiency, accuracy, nor do we provide opinions or draw conclusions about your situation. The CHERP™ drafting system is a broadly applicable emergency response plan for families with minor children at home in the United States.

You understand that your use of any form, system, method, or element of CHERP™ is not legal advice nor the practice of law, and that each legal form is not legally customized to your state’s laws, regulations, rules, or your unique needs.

This platform is for information and self-help only. We do not review the information you provide to us, nor does your use of this platform constitute legal advice. You may need private legal advice. You knowledge, in using this platform, that you will seek legal advice when needed. Your use of this website does not constitute the establishment of an attorney-client relationship, nor any obligations on our part to vindicate any of your current or future rights or responsibilities. You acknowledge, in your use of this site, you represent yourself in any legal matter that may fall under the subject matter of this website.

CHERP™ is not a substitute for private legal counsel. You may have facts and circumstances that warrant legal representation. CHERP™ is not responsible for determining whether or not you need a lawyer.

CHERP, LLC does not guarantee any particular legal result. The CHERP™ system is designed to support your family in a crisis, but we do not, and cannot, guarantee your plan will work precisely as designed. No legal system or plan can.

Ownership of Intellectual Property

CHERP, LLC retains all of its right, title and interest in and to its products and services including without limitation, software, coding, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights except as explicitly provided in this agreement. You may not, and may not permit others to: (i) reproduce, modify, translate, enhance, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, or adapt any of our products or Services semicolon or (iii) circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and Arrangement thereof and the services, legal forms, document, guidance, and all other contents found on our website (“service content”) Are copyrighted © CHERP, LLC. All rights reserved. CHERP™ is a trademark CHERP, LLC. See other service providers intellectual property rights clauses.

Ownership of Data

CHERP is the processor of data entered into it by you. CHERP will not process or interact with your data in a manner inconsistent with the services offered on this site in any way except: (i) in compliance with the express terms of the services offered; (ii) to comply with applicable laws (including anti-spamming, privacy, consumer protection and data protection).

CHERP, LLC does not own the personal data you enter into our system. Your data belongs to you and you are granting CHERP, LLC permission to use your data to provide this drafting service to you.
You agree that CHERP™ may preserve your data in our system, and we may only disclose your data if required by law or in good faith belief that such preservation or disclosure is reasonable to accomplish any of the following: (i) to comply with appropriate government requests, applicable laws, or legal processes; (ii) To enforce these terms and conditions; (iii) to respond to any claims that any content violate the rights of others; (iv) to protect the rights, property, or safety of CHERP™, its users, or the public. In the event CHERP, LLC is required by law to disclose your data, we will (i) promptly notify you in writing of the existence of such required disclosure; (ii) take legally advisable steps to resist or narrow such requirement and in any event restrict the disclosure to only your data lawfully required to be disclosed; and (iii) if disclosure of your data is required by law or regulation, exercise its reasonable efforts to obtain a protective order or confidential treatment of your data.

You acknowledge in providing these services to you, your data may be transmitted over various networks, routers, and exchanges, and be transformed through various stages of technological development. You release CHERP, LLC from responsibility or liability for failure to maintain your data through future changes of technology.

Applicable Fees

All fees and charges are prepaid and nonrefundable.  CHERP™ may change the fees and charges in effect, or add new fees and charges from time to time, but we will notify you of any such changes in advance through your primary email address associated with your Account. Again, it is your responsibility to keep your contact information and payment information current and updated.

Grant of License

So long as you comply with these terms and conditions, you are granted a non-exclusive, limited, non-transferable, revocable license to use the services for which we intend them to be used. You are licensed to keep for your own records electronic or physical copies of the documents you create on CHERP™. You may not copy the content of CHERP™ forms, documents, or elements for use or sale outside of CHERP™. Any rights not expressly granted by these terms are reserved by CHERP™.

When you transmit content on CHERP™, you grant CHERP™ and its affiliates and partners a non-exclusive, royalty-free, perpetual, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media.

If you submit feedback or suggestions about our services we may use your feedback or suggestions without obligation to you.

Resale or unauthorized distribution of materials downloaded from CHERP™ website is strictly prohibited. Use of these materials is for your personal use only. Any resale a redistribution of our materials requires Express written consent of CHERP™.

Acceptable use of website services.

You are responsible for any content that you post or transmit using any service this site provides that allows interaction or dissemination of information. In using CHERP, LLC you agree that you will not do any of the following:

  • Attempt to interfere with the lawful rights of any parent or legal guardian.
  • Defame, libel, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • Publish post upload distribute or disseminate any names, materials, or information that is considered inappropriate profane defamatory infringing obscene indecent or unlawful
  • Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices
  • Upload files that contain software or other material published item by intellectual property laws are by the rights of privacy or publicity except when I you own or control the necessary rights, or two you have received all necessary consents to do so.
  • Upload corrupted files files that contain viruses or any other files they may damage the operation of another computer.
  • Advertise, offer to sell, or offer to buy anything for business purposes.
  • Restrict or inhibit any other user from using this website.
  • collect personally identifiable information about others without their consent.
  • Violate any code of conduct or other guidelines, which may be applicable for any of our services.
  • Violate any applicable law or regulation.

We reserve the right to review and remove materials on this website in whole or in part. We reserve the right to disclose any materials posted to satisfy any constitutional law, regulation, legal process, court order, or government request.

Right to Refuse.

You acknowledge that CHERP™ reserves the right to refuse service to anyone and to cancel user access at any time.

Copyright and DCMA.

We will respond to notices of alleged copyright infringement according to the process set out in the US Digital Millennium Copyright Act. If you believe that any material on our website and fringes on any copyright you may own or control, please file a DCMA Notice of Alleged Infringement with CHERP™’s corporate office at:

3775 Iris Avenue, Suite 4
Boulder, CO 80301
855-55-CHERP

Consent to receive emails.

By creating an account, you agree that you may receive communications from CHERP™, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

Validity of electronic signatures.

CHERP™ enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. CHERP™ does not authenticate users’ signatures or identities.

Disclaimer of representations and liability.

Please read this section carefully as it affects your rights.

Information, software, products, and services made available through CHERP™ may include inaccuracies and typographical errors. CHERP™ and its partners made make improvements or changes to our services at any time and should not be relied upon for personal, medical, legal, or financial decisions. You should consult an outside professional for specific advice tailored to your situation. In short your use of our services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, CHERP™ AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHERP™, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CHERP™ HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CHERP’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO CHERP™ FOR THE 12 MONTHS PRECEEDING THE SERVICES IN QUESTION.

Third Party Service Providers.

You acknowledge that your data will be hosted on Amazon Web Services (“AWS”) and held in accordance with AWS applicable terms and conditions.

Indemnity and Release.

You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from Your Information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Links to Third Party Sites.

You may be able to link to third party websites, services or resources (collectively, “Third Party Sites”) on the internet, and some Third Party Sites may link to the Services. We do not control Third Party Sites in any way, and you acknowledge and agree that we are not responsible or liable for the content, availability, functions, accuracy, legality, appropriateness, advertising, products, information, use of user information, security or privacy policies and practices, or any other aspect or materials of any Third Party Sites. The inclusion of a link to any Third Party Site does not imply that we endorse or are associated with its operator. In no event shall we be liable, directly or indirectly, to anyone for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Third Party Site. We encourage you to review the terms of service and privacy policy of any such Third Party Site. When you access Third Party Sites, you do so at your own risk.

Dispute Resolution by Binding Arbitration.

Any dispute, claim or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Controlling Law.

These Terms will be governed by Colorado law except for its conflicts of laws principles. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Colorado.

Entire Agreement.

These Terms constitute the entire agreement between you and CHERP™ with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability and Assignment.

CHERP™’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. CHERP™ may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications.

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. It is your responsibility to check these Terms & Conditions periodically for changes, and to keep your email address current.  

 

ABOUT CHERP™

CHERP™ is a Children’s Emergency Response Plan. It tells emergency responders who should care for your kids if you something tragic happens to you.
OUR STORY | MEET OUR TEAM

WHERE TO FIND US:

3775 Iris Avenue, Suite 4
Boulder, CO, 80301
Phone: 855 55 CHERP (855 552-4377)
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