Online Privacy Policy Statement
Effective Date: Thursday, January 7, 2010

The operator of this web site ("Site"), HappyChildGuide ("Company" or "we"), has created this Privacy Policy to explain how we collect and use personal and certain other types of information about individuals ("you") who access and interact with this Site.

As used in these Terms, "we" refers to HappyChildGuide. "You" refers to any user of this web site. This offer is available only to persons age 18 or over (or the legal age of majority in their state of residence) with a U.S. shipping address.

By accessing, using, placing an order, or otherwise interacting with this Site, you agree to be bound by the terms of this Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT ACCESS OR USE THIS WEB SITE OR PROVIDE PERSONAL INFORMATION TO US THROUGH THIS WEB SITE.

What Information is Collected?

Personal Information We collect personal information that is voluntarily provided to us when you enroll in our trial offer, purchase product, or otherwise interact with the Site in a manner that requires you to provide such information to us. The personal information we collect may include, without limitation, your name, physical address, mailing address, shipping address, billing address, email address, birth date, credit card number, credit card expiration date, other billing information, username, password, and on occasion a unique identifier (for account security purposes). If you send any personal communication or correspondence, by any means, to the Site, or any of our employees, agents or representatives, the Site may collect additional information regarding that communication and include that information in our customer database. Non-Personal Information and Cookies We may collect certain non-personal information you, including but not limited to, browser type, operating system, IP address, and the referring domain from which you accessed our Site. Non-personal information is information that does not personally identify you and is not associated with personal information about you. Other non-personal information we may collect includes browsing behavior, date and time of visit, the pages visited; the time spent viewing the Site, return visits to the Site, and click-stream data. We do not track any information about you once you leave the Site. We may use cookies to collect this non-personal information. We may also allow unaffiliated third parties, such as advertisers and marketing partners, to serve cookies as well. You are always free to decline cookies, but in doing so, you may not be able to use certain features on our Site. How Do We Use Information Collected About You? We collect personal and non-personal information so that we may custom tailor the web experience for you and other visitors of this Site in order to offer the best products and services to meet your needs. We may use personal and non-personal information collected from you for any of the following purposes: (1) to send you information and promotional materials about our products and services as well as the Company in general, which will not continue if you opt out of this service, (2) to send you information and promotional materials from our marketing partners and third parties, which will not continue if you opt out of this service, (3) to deliver targeted display advertisements and offers by email, which will not continue if you opt out of this service, (4) to contact you when necessary about your order or for other business or marketing purposes, (5) to facilitate your shopping experience and use of the Site by, for example, pre-populating customer fields within checkout, registration or other transaction processing screens, with your customer information as you may have previously provided it to us, (6) to help diagnose problems with our server, (7) to administer our Site, (8) to conduct internal reviews of our Site, (9) to help us better understand visitors’ uses of our Site, (10) to protect the security or integrity of our Site, and (11) for any other purpose that may be specified at the time of collection The Site is not responsible or liable for the use of any information that is gathered by third-party websites that have ads or links on the Site. This Site does not control, monitor or endorse the information gathering practices or Privacy Policies of any of those third-party websites. Whenever applicable, you should read the Privacy Policy of any third-party website that you may visit.

	With Whom Do We Share Your Information?
In addition to any other information sharing or disclosure practices described in this Privacy Policy, we may share your personal and non-personal information with third party contractors or service providers who assist us with the preparation and mailing of our marketing communications, and with order processing and fulfillment functions. For example, we may disclose your billing information to payment processors to process fee payments or other financial transactions; we may disclose your shipping address to fulfillment and shipping contractors to deliver a product to you; and, we may disclose your email address to email fulfillment contractors to send you emails from us. We may occasionally provide your personal information to carefully-screened marketing partners or other third parties for the purpose of contacting you with marketing and other information about products, services, or publications in which we believe you may have an interest. If you do not wish for us to share your personal information with such third parties, please write to: ChildBrainHealth PMB #2519, 502 E. John St. Rm E, Carson City, NV, 89706, . We may share some or all of your personal information with our subsidiaries and affiliates, joint venturers, or other companies under a common control (collectively, “affiliates”), in which case we will require these affiliates to honor this Privacy Policy. If our company or our assets are acquired by another company, that company will possess the personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this Privacy Policy. We may disclose personal information if required to do so by law or to comply with valid legal process (such as a search warrant, subpoena or court order), to protect the company’s rights or property (including without limitation in the event of a transfer of control of company or substantially all of its assets), or during emergencies when safety is at risk.

	How Do We Secure Your Information?
We have implemented reasonable security measures to protect the personal information we have collected about you from unauthorized use, misuse, disclosure, loss and alteration. Regarding all credit card and other purchase transactions, the credit card and other purchase information you provide to us is transmitted for processing via SSL encryption technology, which is the current standard in Internet encryption. As for all other information, you should consider this communication and information to be non-confidential, and consequently, we assume no responsibility or liability if any information relating to you is intercepted and/or used by an unintended recipient.

	How Can You Access or Correct Your Information?
To access the personal information that this Site has collected about you, to correct factual errors in such information, or to update our records with respect to your personal information, please contact us using the information provided below. Privacy Rights of California Residents: Companies that collect personally identifiable information from California residents and disclose such information to third parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having his or her information shared with third parties. We have elected the second option, and you may request that your personally identifiable information not be shared with third parties by sending your request, including your full name, email address and postal address, to: HappyChildGuide PMB #2519, 502 E. John St. Rm E, Carson City, NV, 89706, . California residents are also entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95830; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

	Contact Us
HappyChildGuide PMB #2519, 502 E. John St. Rm E, Carson City, NV, 89706, This website and any other URLs and websites administered by ChildBrainHealth, Inc. and its affiliates, including HappyChildGuide.com, ParentLearningClub.com, and including any applications available therefrom (collectively, the "Website") are offered by ChildBrainHealth, Inc. and its affiliates (collectively, "ChildBrainHealth" or "We" or "us") to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Use"). The terms "you" and "user" refers to all individuals and entities that access the Website.  By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy (available here) and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not register for or use this Website.

	Privacy Policy
At ChildBrainHealth, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our privacy policy ("Privacy Policy") before using the Website.

	Modifications to the Terms of Use
We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the ChildBrainHealth home page. In the event of significant changes to the Terms of Use, we may also place a special notice on the Website or communicate the changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms of Use, or any revised versions thereof, you may not use the Website.

	Age and Eligibility
In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction ("Minors") are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@ChildBrainHealth.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the "Registration Data") is accurate and complete.

	Agency
You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
	Precautions
Content found on the Website is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. ChildBrainHealth requires that you consult with your physician before following any training instructions you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. By using the Website, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Website. We are not responsible for any health problems that may result from instructions, training programs, products, or events you learn about through the Website. If you engage in any exercise, diet or emotional program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.
	Information on the Website
We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by ChildBrainHealth, ChildBrainHealth employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.
	User-Generated Content
Subject to terms set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby grant to ChildBrainHealth a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the “User Generated Content License”). “User Generated Content” includes but is not limited to content posted on message board posts, ParentLearningClubTeam posts, ParentLearningClub posts and blogs, Success Stories, recipe submissions and user comments. Subject to the terms and conditions set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude ChildBrainHealth’s use of the User Generated Content or require your permission for ChildBrainHealth to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against ChildBrainHealth or its sublicensees relating to ChildBrainHealth’s or its sublicensees’ use of the User Generated Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy, and you hereby release ChildBrainHealth and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
	Registration and Password
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant ChildBrainHealth the right to use your information in connection with the operation of the Website. ChildBrainHealth cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted. You represent that the information that you provide about yourself as requested in the ChildBrainHealth account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing ChildBrainHealth with your current email address, so that you may receive notifications and other account-related communications.
	Ownership of the Website
Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by ChildBrainHealth or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain ChildBrainHealth’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by ChildBrainHealth to you are retained by ChildBrainHealth and its licensors. If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.
	Email Rules
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.
	Community Pages
There are several areas on the Website on which users may post information, including Message Boards, ParentLearningClub Forums, and ParentLearningClubPages (collectively, "Community Pages"). Any information posted to the Community Pages can be viewed by anyone who visits the Website (whether or not such visitors are registered users). ChildBrainHealth does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of ChildBrainHealth. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.
In using our Community Pages you agree to follow our Community Guidelines which includes the following provisions: Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content. Do not post profile pictures that might be considered inappropriate. Do not post communications that could be interpreted as threatening or harassment. Do not post advertise or promote products commercially. If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED." We may determine in our sole discretion whether to close or delete threads. ChildBrainHealth has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason ChildBrainHealth deems appropriate.
	User Disputes
Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. ChildBrainHealth reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. ChildBrainHealth is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users, including with respect to any SparkRallies organized or attended by such users or any other services offered by such users.
	Copyrighted Materials
When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader's information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights.
	User Indemnification Of ChildBrainHealth
Upon request by us, you agree to defend, indemnify and hold ChildBrainHealth and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
	User Conduct
If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of ChildBrainHealth or third parties, or (e) could cause ChildBrainHealth liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If ChildBrainHealth suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.
	Changes to Website
ChildBrainHealth may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that ChildBrainHealth shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
	Third Party Websites
The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. ChildBrainHealth suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that ChildBrainHealth has no liability for any damage or loss of any type that is a result of your use of a third party website.
	Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY CHILDBRAINHEALTH AND ITS AFFILIATES "AS IS." NEITHER ChildBrainHealth NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, CHILDBRAINHEALTH AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, CHILDBRAINHEALTH DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
	Limitation of Liability
IN NO EVENT WILL CHILDBRAINHEALTH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CHILDBRAINHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF CHILDBRAINHEALTH, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. CHILDBRAINHEALTH’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
	Electronic Contracting
Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.
	General
The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of Ohio without respect to its conflict of laws principles. You shall bring any legal action or proceeding against ChildBrainHealth related to the Website exclusively in a federal or state court of competent jurisdiction sitting in Carson City, Nevada, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ChildBrainHealth’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by ChildBrainHealth in writing. These terms and conditions constitute the entire agreement between you and ChildBrainHealth with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
If you would like to request additional information regarding these Terms of Use, please contact us at support@ChildBrainHealth.com.
Last updated February 15, 2010