Amber Child Safety

Because every child is worth protecting...

Terms & Conditions

This is an agreement (this "Agreement") between you and Amber Child Safety Systems, LLC. ("Amber Child Safety Systems") governing your use of the Amber Child Safety Systems ID service (the "Service") and the Amber Child Safety System ID web site (the "Web Site"). The terms "you" and "your" includes you and anyone to whom you provide access to the Service with your user ID and password to your Amber Child Safety System ID account ("Child ID account").

Terms of Cancellation: You may terminate your subscription at any time by mailing us at Amber Child Safety Systems, LLC 95 Overbrook Drive East, Largo, FL 33770, emailing us at admin@amberchildsafety.com or calling us at 888-811-0896 between the hours of 10:00 AM - 6:00 PM EST, Monday through Friday and requesting that your account be terminated. Please include your full name, address, requested date of termination, account username/password. and your reason for requesting termination. In the event that you terminate your subscription, you agree that neither you nor any third party, including law enforcement, shall have any right to access your terminated account. For your protection, Amber Child Safety Systems, LLC shall make every reasonable effort to delete the data and photos and or video entered into your account as soon as possible. Any refund due for prepayment of fees will be processed within 30 days of termination effective date.

1. ACCEPTANCE OF TERMS BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING OR USING THE WEB SITE OR THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE WEB SITE AND, WHEN REGISTERING FOR THE SERVICE, YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE AND WILL NOT BE ABLE TO USE THE SERVICE. USE OF THE WEB SITE OR THE SERVICE ALSO CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

2. LICENSE TO USE THE SERVICE Amber Child Safety Systems hereby grants you a personal, non-transferable and non-exclusive right to use the Service, subject to the terms and conditions of this Agreement, including restrictions on your use of the Service. All rights not expressly granted to you are reserved by Amber Child Safety and its licensors.

3. YOUR OBLIGATIONS IN USING THE SERVICE Use of the Service is subject to payment of fees by you or on your behalf for use of the Service. One or more third parties may have paid fees on your behalf for your use of the Service for a period of time, such as a year or until the child reaches the age of 18. Amber Child Safety Systems will provide notice to you in advance of the expiration of the term for which fees have been paid by you or on your behalf and any future termination of your use of the Service and your Child ID account. You are also responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those access fees. In addition, you must provide and are responsible for all equipment necessary to access the Internet and the Service. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You agree to provide true, accurate, current and complete information about yourself and child (the "Registration Data") as prompted by the Service's registration process for a Child ID account, and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Amber Child Safety Systems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Amber Child Safety Systems has the right to suspend or terminate your Child ID account. Without creating any express or implied warranties, and consistent with the provisions of Section 15, you understand that a purpose of the Service is to assist you in preparing for, and acting upon, the event that a child is abducted, exploited, lost or otherwise missing. Under this premise, you accept the obligations and conditions of use of the Service of this Section. In particular, you warrant that:
a. You will use utmost care in uploading all digital photographs/video and inputting all data into your Child ID account and in verifying the accuracy, completeness and correctness of such photographs and data.
b. You will verify that all photographs and data have been accurately, completely and correctly entered into your Child ID account.
c.You will verify all screen displays, printouts, network connections, interoperability, and transmissions of photographs and data associated with use of the Service, including your connection to the Internet and, as instructed in the Service or pursuant to any notices from Amber Child Safety Systems.
d.Upon any transfer of data to a third party associated with use of the Service, including The National Center for Missing and Exploited Children ("NCMEC") and any law enforcement officials, you will confirm and verify the accuracy, correctness and completeness of such transfer by at least one independent and reliable means (e.g., follow-up telephone call).
e.You will maintain the ability to receive notices from Amber Child Safety Systems relating to use, support, updates or upgrades of the Service, and are responsible for being informed regarding the availability of and requirements for any necessary or appropriate updates and upgrades. f.You will only use the Service on hardware and software platforms supported by Amber Child Safety Systems as stated on the Web Site, or as otherwise communicated to you by Amber Child Safety Systems.

4. PRIVACY All photographs/video and data inputted by you in your Child ID account (collectively, "Child Data"), Registration Data and certain other information about you are subject to the Amber Child Safety Systems Privacy Policy on the Web Site, which is incorporated herein and subject to change. As provided in the Privacy Policy and subject to the limited exceptions in the Privacy Policy, Amber Child Safety Systems will not make available your Child Data for viewing, e-mailing or use for any purpose by anyone other than you. You agree that Registration Data and other information that you may provide on the Web Site, but not including any Child Data (which may not be used by Amber Child Safety Systems or any sponsor for any of the purposes below), may be: a. used by Amber Child Safety Systems to send you Service Communications, b.used by Amber Child Safety Systems to send commercial messages to you unless you "opt out" of this use of your personal information, and c. provided to NCMEC for fundraising purposes unless you "opt out" of this use of your personal information. For more information, see the full Privacy Policy on the Web Site.

5. CHILD ID ACCOUNT, PASSWORD AND SECURITY Access to your Child ID account in the Service is through a user ID and password provided to you as part of the Service's registration process or otherwise. You are responsible for changing these according to instructions provided to you as part of the Service and for maintaining the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password and in your Child ID account. You agree to (a) immediately notify Amber Child Safety Systems of any unauthorized use of your user ID and password or Child ID account or any other breach of security and immediately change your user ID and/or password in such case, and (b) ensure that you exit from your Child ID account at the end of each session. You understand that all Child Data is your sole responsibility. This means that you, and not Amber Child Safety Systems, are entirely responsible for all Child Data that you upload, post, e-mail, transmit or otherwise make available via the Service. Under no circumstances will Amber Child Safety Systems be liable in any way for any Child Data, including, but not limited to, any errors or omissions in any Child Data; any software virus, worm, Trojan horse or any other computer code, file or program or other malicious programming in any photo or document which you may upload into your Child ID account intentionally or unintentionally; or any loss or damage of any kind incurred as a result of the use of any Child Data posted, e-mailed, transmitted or otherwise made available by you via the Service. Amber Child Safety Systems will not be liable for any loss or damage arising from your failure to comply with this Section.

6. USE OF THE WEB SITE AND SERVICE COMMUNICATIONS You understand and agree that the Web Site and communications from Amber Child Safety Systems may include advertisements and sponsor notices and information and that these advertisements, notices and information are necessary for Amber Child Safety Systems to provide the Service. Your Child ID account may include certain communications from Amber Child Safety Systems relating to your Child ID account and protecting your family’s safety and health (collectively, "Service Communications"), such as reminders to update or renew your Child ID account, service announcements, administrative messages and a newsletter. You understand and agree that Service Communications are considered part of the Service and your Child ID account.

7. YOUR CONDUCT You agree not to use the Service or the Web Site to:
a. upload, post, e-mail, transmit or otherwise make available any Child Data or other information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, any public employee or official or any officer of Amber Child Safety Systems or NCMEC, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Child Data transmitted through the Service;
e. upload, post, e-mail, transmit or otherwise make available any Child Data that you do not have a right to make available;
f. e-mail or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
g. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the Service, data contained therein, or servers or networks connected to the Service or the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or the Web Site; or
i. attempt to gain unauthorized access to the Service, any Child ID account, any Child Data, any Registration Data or any related system or network.

8. INDEMNITY You agree to indemnify and hold Amber Child Safety Systems and Amber Child Safety Systems Supporters (defined below) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Child Data you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. "Amber Child Safety System Supporters" are (a) all sponsors, supporters, endorsers, distributors, licensors and licensees of Amber Child Safety Systems or the Service, (b) NCMEC, (c) subsidiaries and affiliates of Amber Child Safety Systems or any of the foregoing, and (d) officers, employees, members, directors, stockholders, partners, agents, licensors and licensees of Amber Child Safety Systems or any of the foregoing.

9. SERVICE RESTRICTIONS You acknowledge and agree that the Service and the software (the "Software") used in connection with the Service and the security related to each Child ID account contain proprietary and confidential information that is owned by Amber Child Safety Systems and are protected by applicable intellectual property and other laws. You agree not to:
a. license, sublicense, sell, resell, rent, transfer, assign, copy, distribute or otherwise commercially exploit the Service, the Software or your Child ID account in any way;
b. modify or make derivative works based upon the Service or the Software, in whole or in part;
c. create Internet links to the Service or frame or mirror the Service on any other server or wireless or Internet-based device;
d. reverse engineer or reverse assemble the Service or the Software or otherwise attempt to discover any source code relating to the Service or the Software; or
e. access the Service or the Software in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service or the Software, or (iii) copy any ideas, features, functions or graphics of the Service or the Software. You agree not to access the Service by any means other than through the interface that is provided by Amber Child Safety Systems for use in accessing the Service from the Web Site. You agree not to access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

10. GENERAL PRACTICES REGARDING USE You acknowledge that Amber Child Safety Systems may establish general practices and limits concerning use of the Service. You acknowledge that Amber Child Safety Systems reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Amber Child Safety Systems reserves the right to modify its general practices and limits from time to time.

11. MODIFICATIONS TO SERVICE Amber Child Safety Systems reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Amber Child Safety Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except for pro rata refunds of any amounts paid to Amber Child Safety Systems by you, as applicable.

12. DEALINGS WITH SPONSORS AND ADVERTISERS Your business dealings with, or participation in promotions of, sponsors and advertisers found on or through the Web Site or in any Service Communication or other Amber Child Safety Systems communication to Child ID account registrants, including payment and delivery of related goods or services and discount coupons, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor or advertiser. You agree that Amber Child Safety Systems shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsor or advertiser on the Web Site or in any Service Communication or other Amber Child Safety Systems communication.

13. LINKS The Web Site and the Service may provide, or third parties may provide, links to other web sites or resources, including those of Amber Child Safety Systems Supporters and advertisers. Because Amber Child Safety Systems has no control over such sites and resources, you acknowledge and agree that Amber Child Safety Systems is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Amber Child Safety Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.

14. No Responsibility for Third Parties You expressly agree and acknowledge that Amber Child Safety Systems is in no way responsible for the statements, acts or omissions of any third party, including but not limited to NCMEC, any law enforcement or other government agency, or any private individual or organization.

15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. AMBER CHILD SAFETY SYSTEMS AND AMBER CHILD SAFETY SYSTEMS SUPPORTERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AMBER CHILD SAFETY SYSTEMS AND AMBER CHILD SAFETY SYSTEMS SUPPORTERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMBER CHILD SAFETY SYSTEMS OR ANY AMBER CHILD SAFETY SYSTEMS SUPPORTER THROUGH OR FROM THE SERVICE OR THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. d. WITHOUT LIMITING THE FOREGOING OR CREATING ANY IMPLICATION OF WARRANTY, AMBER CHILD SAFETY SYSTEMS EXPRESSLY DISCLAIMS THAT Use of the Service will guarantee or improve the likelihood that any kidnapped, exploited, lost or otherwise missing child will be found, aided or brought to safety. Amber Child Safety Systems assumes no liability for the well being of any child in any situation.

16. LIMITATION OF LIABILITY
a.YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMBER CHILD SAFETY SYSTEMS AND AMBER CHILD SAFETY SYSTEMS SUPPORTERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, USE OR PERFORMANCE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO OR FOR ANY PHYSICAL, MENTAL OR OTHER INJURY OR HARM TO A CHILD OR ANY OTHER PERSON, FAILURE TO FIND A CHILD, COMPUTER OR TELECOMMUNICATIONS FAILURE OR MALFUNCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CHILD DATA, LOSS OF PROFITS, BUSINESS, SAVINGS, DATA OR RECORDS, OR ANY AND ALL OTHER FORESEEABLE OR UNFORESEEABLE DAMAGES OR LOSSES, WHETHER OR NOT AMBER CHILD SAFETY SYSTEMS OR A AMBER CHILD SAFETY SYSTEMS SUPPORTER IS ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
b. IN ANY CASE, THE ENTIRE TOTAL LIABILITY OF AMBER CHILD SAFETY SYSTEMS AND AMBER CHILD SAFETY SYSTEMS SUPPORTERS ARISING OUT OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, whether based upon warranty, contract, tort, strict liability OR OTHERWISE, SHALL IN NO EVENT EXCEED IN THE AGGREGATE THE GREATER OF $10.00 OR THE AMOUNTS PAID BY YOU FOR YOUR USE OF THE SERVICE IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. In such jurisdictions, THE liability OF AMBER CHILD SAFETY SYSTEMS and AMBER CHILD SAFETY SYSTEMS SUPPORTERS is limited to the greatest extent permitted by law.

18. NOTICES Amber Child Safety Systems may give notice, including those regarding changes to this Agreement, by means of (a) a general notice or posting on the Service or the Web Site, (b) electronic mail to your e-mail address on record in Amber Child Safety Systems account information (initially part of your Registration Data), which may be contained in a newsletter delivered by e-mail, (c) first class postage prepaid mail to your address on record in Amber Child Safety Systems account information, or (d) such other method as may be required or permitted by law. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class postage prepaid mail) or 12 hours after sending (if sent by e-mail). You may give notice to Amber Child Safety Systems (such notice to be deemed given when received by Amber Child Safety Systems) by nationally recognized courier delivery service or first class postage prepaid mail to Amber Child Safety Systems at the Amber Child Safety Systems mailing address which may appear in the Contact Us section of the Web Site.

19. MODIFICATION TO AGREEMENT Amber Child Safety Systems reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service and the Web Site at any time, effective upon posting of an updated version of this Agreement on the Service or the Web Site. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

20. TERM AND TERMINATION This Agreement is effective until terminated. You agree that Amber Child Safety Systems may, under certain circumstances and without prior notice, immediately terminate your Child ID account and access to the Service. Cause for such termination shall include: (a) breaches or violations by you of this Agreement or other incorporated agreements or guidelines, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification to the Service, (d) engagement by you in fraudulent or illegal activities, and/or (e) nonpayment of any fees in connection with the provision of the Service to you. Termination of your Child ID account may include removal of access to the Service and deletion of your user ID and password and all related information, files and Child Data associated with or part of your Child ID account. Further, you agree that all terminations for cause shall be made in Amber Child Safety Systems sole discretion and that neither Amber Child Safety Systems nor any Amber Child Safety Systems Supporter shall be liable to you or any third party for any termination of your Child ID account or access to the Service or deletion of your Child Data. The provisions of this Agreement that limit liability or that require or contemplate performance after the termination of this Agreement (including, without limitation, Sections 7 and 9) shall be enforceable notwithstanding termination.

21. TRADEMARKS The Amber Child Safety Systems name and logo, the Amber Child Safety Systems Child ID logo and other Amber Child Safety Systems logos, trademarks, service marks and product and service names (the "Amber Child Safety Systems Marks") are owned by Amber Child Safety Systems and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Without Amber Child Safety Systems prior written permission, you agree not to display or use in any manner any Amber Child Safety Systems Mark. All logos, trademarks, service marks, product and service names of any Amber Child Safety Systems Supporter (“Amber Child Safety Systems Supporter Marks”) are owned by the particular Amber Child Safety Systems Supporter and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You agree not to display or use any Amber Child Safety Systems Supporter Mark without the prior written permission of that Amber Child Safety Systems Supporter.

22. MISCELLANEOUS Entire Agreement. This Agreement constitutes the entire agreement between you and Amber Child Safety Systems and governs your use of the Service and the Web Site, superseding any prior agreements between you and Amber Child Safety Systems with respect thereto. You also may be subject to additional terms and conditions that may apply when you use or purchase other services or products of Amber Child Safety Systems, Amber Child Safety Systems Supporters or third parties. Assignment. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their heirs, and successors and permitted assigns. Third Party Beneficiaries. Where applicable, Amber Child Safety Systems Supporters shall be third-party beneficiaries of this Agreement. There shall be no other third-party beneficiaries to this Agreement. Choice of Law and Forum. Except to the extent that applicable law, if any, provides otherwise, this Agreement, its validity, construction and effect, and the relationship between you and Amber Child Safety Systems and Amber Child Safety Systems Supporters shall be governed by and enforced in accordance with the laws of the State of Florida, without reference to its conflict of law provisions. You and Amber Child Safety Systems agree to submit to the exclusive jurisdiction of any Federal or State court located in the State of Florida, U.S.A., and waive any objection thereto on the basis of personal jurisdiction or venue. Force Majeure. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. Waiver and Severability of Terms. The failure of Amber Child Safety Systems or any Amber Child Safety Systems Supporter to exercise or enforce, or a waiver of, any right or provision of this Agreement or any breach thereof shall not constitute a waiver of such right or provision or any subsequent breach thereof. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, your Child ID account or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. No Agency Relationship. No joint venture, partnership, employment or agency relationship exists between you and Amber Child Safety Systems as a result of this Agreement or use of the Service. English the Controlling Language. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. Section Headings. The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.

Last updated: January 2010