TERMS OF USE
Last modified June, 2021
Welcome to Earnie Jr.!
Earnie Jr. operates a virtual chore chart for families. Earnie Jr. inspires families to share and explore knowledge in a collaborative community, which is made available on www.earniejr.com and any www.earniejr.com sub-domains (the “Website”) as well as the earniejr.com mobile application (the “App”) (the “Website” and the “App” are collectively the “Earnie Jr. Services”).
It is important that you read and understand the terms that apply to you when you use the Earnie Jr. Services before using the Earnie Jr. Services.
TERMS AND CONDITIONS
This part and the documents referred to within it set out the terms and conditions that apply to your use of Earnie Jr. Services if you access Earnie Jr. Services from within the United States or other countries except Europe (collectively, the “Terms of Use“).
The Terms of Use, together with all agreements and policies expressly incorporated by reference (“Terms”) constitute an agreement between you and Earnie Jr. and Bossa Nova Marketing, a Florida limited liability company with its registered office at: 2521 NW 16th Lane Bay B Pompano Beach, Florida 33064 (“Earnie Jr.”) that will govern your access and use of:
- the Earnie Jr. Services,
- if you purchase a subscription, the subscription services provided under your Earnie Jr. subscription plan (“Earnie Jr. Subscription”),
- all products, services, functionality, content, information, and other materials made available on, through, or in connection with the Earnie Jr. Services or your Earnie Jr. Subscription, including, but not limited to the Mobile Software (defined below) and
- all purchases through the Earnie Jr. Services or other transactions for the sale of products or services formed through the Earnie Jr. Services or resulting from visits made by you.
For the purposes of these Terms, “you” means the child who accesses or uses the Earnie Jr. Services or Earnie Jr. Subscription as well as the parent or guardian who accesses or uses the Earnie Jr. Services or Earnie Jr. Subscription with the child or pays for a Earnie Jr. Subscription. If you are a parent, guardian, or other person who enables a child to access or use the Earnie Jr. Services or Earnie Jr. Subscription or to purchase a Earnie Jr. Subscription, you agree to stand in the shoes of such child for the purposes of making us whole in case of claims, damages or indemnifications that we might properly assert against a child, if not for his or her age.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU BECOME A EARNIE JR. SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE THE SUBSCRIPTION SERVICES; AUTOMATIC RENEWAL; CANCELLATION SECTIONS FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
Acceptance of These Terms
Before accessing the Earnie Jr. Services, please read the following terms and conditions carefully as they form a binding legal agreement between you and Earnie Jr. By clicking the “accept” or similar button or tick box or accessing the Earnie Jr. Services or purchasing a Earnie Jr. Subscription, you agree that you have read, understood, and agreed to these Terms and that you understand any personal information you provide may be handled as provided in our Privacy Policy. If you do not agree to these Terms, you must not access or use the Earnie Jr. Services or purchase a Earnie Jr. Subscription.
By accessing or using the Earnie Jr. Services or Earnie Jr. Subscription or purchasing a Earnie Jr. Subscription, you represent and warrant that you are of legal age in your jurisdiction and otherwise have the capacity to form a binding legal agreement with Earnie Jr. These Terms give you specific legal rights, and you may also have additional legal rights, which vary from jurisdiction to jurisdiction. Use of the Earnie Jr. Services and Earnie Jr. Subscriptions are void where prohibited. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
Children Under the Age of 13
Earnie Jr. Subscriptions are not intended for children under 13 years of age for purchase. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 13, please contact us at info@earniejr.com.
Earnie Jr. for Parents or Guardians
Parental accounts can be linked to a child account allowing parents or legal guardians to control and see the child’s activities within the Earnie Jr. Services. The connection between the accounts is made after the parent or child generated a unique link, which was accepted by the recipient. One parent account can only be linked to one child account.
It is prohibited to send invitations to link accounts to people who are not parents or children respectively.
Your Use of the Earnie Jr. Services
Subject to your compliance with these Terms, Earnie Jr. grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Earnie Jr. Services and any products, services, functionality, content, information, or other materials available on or through the Earnie Jr. Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.
You understand that certain functions of this Earnie Jr. Services may only be available to Registered Users. Registered Users have the right to use the products, services and functionality provided by Earnie Jr. and the content and information published on the Earnie Jr. Services only within their own needs, for non-commercial purposes. Should the products, services, functionality, content or information be a subject to copyrights or any other intellectual property rights, the Registered User may use it within the allowed use under any applicable third-party licenses and subject to such copyrights and related rights. Except as otherwise provided in these Terms with regard to Earnie Jr. Subscriptions, using the products, services, functionality, content or information in accordance with these terms is free of charge.
You agree to use the Earnie Jr. Services and any products, services, functionality, content, information, or other materials available on, through or in connection with the Earnie Jr. Services or your Earnie Jr. Subscription, including, but not limited to, the Mobile Software, only for lawful, personal, and informational purposes. You agree that you will not use any resource made available on the Earnie Jr. Services in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party; You agree not to copy, reproduce, distribute, display portions of, or link to the Earnie Jr. Services or any products, services, information, or other materials available on or through the Earnie Jr. Services or your Earnie Jr. Subscription, including, but not limited to, the Mobile Software, for commercial purposes without the prior express written consent of Earnie Jr.;
You agree not to post on or transmit onto the Earnie Jr. Services or Mobile Software any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;
You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Earnie Jr. Services or any products, services, information, or other materials available on, through or in connection with the Earnie Jr. Services or your Earnie Jr. Subscription, including, but not limited to, the Mobile Software, for information or to fill out forms on the Earnie Jr. Services, and you agree not to circumvent any technical measures implemented to prevent or limit such access and to comply with the restrictions in any robot exclusion header; and
You will not circumvent or attempt to circumvent any security or access control technology implemented on the Earnie Jr. Services or any products, services, information, or other materials available on, through or in connection with the Earnie Jr. Services or your Earnie Jr. Subscription, including, but not limited to the Mobile Software, or any servers, network or associated systems or physical premises operated by or for the benefit of Earnie Jr..
Earnie Jr. reserves the right to view, monitor, and record activity on the Earnie Jr. Services without notice or permission. We may monitor use to optimize the Earnie Jr. Services, understand what is of interest to visitors, and otherwise enhance the operation of the Earnie Jr. Services, assure its availability, and prevent misuse of the Earnie Jr. Services. Any information obtained by monitoring, reviewing, or recording activity on the Earnie Jr. Services are subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Earnie Jr. Services. Earnie Jr. will comply with all court orders involving requests for such information.
User Content
You are solely responsible for all text, images, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Earnie Jr. Services, including tasks (collectively, “Your Content”). Once you submit Your Content on the Earnie Jr. Services it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content by others who may access the Earnie Jr. Services. You acknowledge that you may expose yourself to personal liability by posting on the Earnie Jr. Services. You take sole responsibility for ensuring that Your Content does not contain any material that is illegal, is false, intentionally misleading, or defamatory, or violates any third-party right (such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).
YOU ACKNOWLEDGE THAT THE EARNIE JR. SERVICES IS INTENDED TO PROVIDE PARENTING ASSISTANCE AND EXPRESSLY AGREE TO COMPLY WITH THE COMMUNITY GUIDELINES. EARNIE JR. RESERVES THE RIGHT TO MODERATE THE EARNIE JR. SERVICES AND TO REMOVE, SCREEN, OR EDIT YOUR CONTENT FROM THE EARNIE JR. SERVICES AT OUR SOLE DISCRETION, AT ANY TIME, AND FOR ANY REASON OR FOR NO REASON, WITH NO NOTICE TO YOU.
Earnie Jr.’s Right to Use Your Content
By posting Your Content on the Earnie Jr. Services you irrevocably grant Earnie Jr. a worldwide, non-exclusive, irrevocable, sublicensable (through multiple tiers), assignable and transferable, perpetual right and license to use Your Content, including, for example, your name or biographical information, for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium.
Intellectual Property
The materials used and displayed on the Earnie Jr. Services, including but not limited to text, names, logos, and images are the property of Earnie Jr. or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of Earnie Jr.
The terms Earnie Jr. and earniejr.com, and other Earnie Jr. trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Earnie Jr. or its affiliates or licensors. You may not use such marks without the prior written consent of Earnie Jr. All other names, logos, product and service names, designs, and slogans on the Earnie Jr. Services are the trademarks of their respective owners.
Digital Millennium Copyright Act
Since we respect content owner rights, it is Earnie Jr.’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Earnie Jr. Services, please notify Earnie Jr.’s copyright agent by mail at, 2521 NW 16th Lane Bay B Pompano Beach, Florida 33064, ATTN: Earnie Jr. DMCA Agent, with the following information required by the DMCA:
Your name, address, telephone number and email address;
An identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work;
A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate and that, “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
A signature or the electronic equivalent from the copyright holder or authorized representative.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Earnie Jr. and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Earnie Jr.’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, Earnie Jr. has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Earnie Jr. may also at its sole discretion limit access to the Earnie Jr. Services and/or your Earnie Jr. Subscription and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Mobile Software
Earnie Jr. may make available software to access the products, services, functionality, content, information and other materials made available on, through or in connection with the Earnie Jr. Services and/or your Earnie Jr. Subscriptions via a mobile device including, but not limited to, the App software (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Earnie Jr. does not represent or warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Subject to your compliance with these Terms, Earnie Jr. hereby grants you a non-exclusive, non-transferable, freely revocable license to use a compiled code copy of the Mobile Software for one account on one Mobile Device owned or leased solely by you, for your personal use.
You acknowledge that Earnie Jr. may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA and/or Terms of Use, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Earnie Jr. or its third-party providers or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Earnie Jr. reserves all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Software is subject to United States export laws and regulations. Those laws and regulations provide that, among other things, the Mobile Software generally may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Earnie Jr. Services, including, but not limited to, export and import regulations.
The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”):
You acknowledge and agree that these Terms are solely between you and Earnie Jr., not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Earnie Jr. as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Earnie Jr. as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or Your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Earnie Jr., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Earnie Jr. acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
This paragraph applies where the Mobile Software has been acquired from any app store or distribution platform other than the Apple App Store, including the Google Play Store and the Windows Store (the “Distribution Platform”):
You acknowledge that: (a) the Terms are between you and Earnie Jr., and not with the provider of the Distribution Platform (“Store Provider“); (b) your use of the Mobile Software must comply with the Store Provider’s then-current Distribution Platform Terms of Use; (c) the Store Provider is only a provider of the Distribution Platform where you obtained the Mobile Software; (d) Earnie Jr., and not the Store Provider, is solely responsible for the Mobile Software; (e) the Store Provider has no obligation or liability to you with respect to the Mobile Software or the Terms; and (f) you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms as it relates to the Mobile Software.
Third-Party Content and Links
Some of the information or other materials available on or through the Earnie Jr. Services may have been prepared by third-parties not affiliated with Earnie Jr., including other users. Earnie Jr. makes no warranties with regard to such information or other materials, nor does Earnie Jr. assume any responsibility or liability for any decisions based upon such information. The Earnie Jr. Services may include links to websites and services not provided by Earnie Jr.. Your interaction with these websites and services will be subject to the terms (including privacy policies) established by such websites or services. Earnie Jr. is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such websites or services, or the privacy or other practices of such websites or services.Security
Use of certain portions of the Earnie Jr. Services requires that you create and maintain a username and password (collectively “User Credentials”). You will be asked to create unique User Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Earnie Jr. Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials.
Subscription Services; Automatic Renewal; Free Trials; Cancellation; Third Party Payment Processors
ALL EARNIE JR. SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AT THE END OF THE TERM IF YOU DO NOT CANCEL PRIOR TO THE END OF THE SUBSCRIPTION TERM. Earnie Jr. offers Registered Users the opportunity to purchase a Earnie Jr. Subscription, through which users will receive unlimited access to all Verified Answers available on the Earnie Jr. Services or gain access to other additional functionalities, as listed on our Service for the duration of the subscription term listed on our Service at the time of purchase. Registered Users who do not purchase a Earnie Jr. Subscription will only be able to view a limited amount of information during a set time period and may not have access to any such additional functionalities of the Earnie Jr. Services. Earnie Jr. subscriptions are available for the price listed on our Service and will be billed to you in accordance with the billing terms listed on the Service.
Each Earnie Jr. Subscription will automatically renew at the end of each subscription term unless you cancel your Earnie Jr. Subscription at least 5 business days before the end of your subscription term by providing notice to Earnie Jr. at info@earniejr.com. UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
Earnie Jr. may offer a free trial of the Earnie Jr. Services. The free trial period lasts for the period specified during sign-up and is intended to allow potential and existing users to try the Earnie Jr. Services. Free trial eligibility is determined by Earnie Jr. at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. Pricing for Earnie Jr. Services are subject to change. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as method of payment or an account email address to determine eligibility for the free trial. UPON THE EXPIRATION OF THE FREE TRIAL PERIOD, YOU WILL BE AUTOMATICALLY CONVERTED INTO AN AUTOMATICALLY RENEWING, PAID EARNIE JR. SUBSCRIPTION IN ACCORDANCE WITH THE TERMS OF THIS SECTION UNLESS YOU OPT OUT AND/OR CANCEL YOUR EARNIE JR. ACCOUNT SETTINGS AND CLICKING ON CANCEL TRIAL/SUBSCRIPTION LINK OR BY EMAILING EARNIE JR. AT INFO@EARNIEJR.COM PRIOR TO THE EXPIRATION OF YOUR FREE TRIAL.
If you choose to cancel, your cancellation will take effect at the end of the subscription term in which you cancelled, and there are no refunds. Except where Earnie Jr., in its sole discretion, suspends, or terminates your Earnie Jr. Subscription as provided below, you will have access to and use of your Earnie Jr. Subscription up until the effective date of cancellation. Notice of cancellation of your subscription may be given to Earnie Jr. by 5 business days before the end of your subscription term. Cancellation of your Earnie Jr. Subscription is your sole and exclusive remedy under these Terms and against Earnie Jr. with respect to Earnie Jr.’s provision of the Earnie Jr. Subscription.
You agree to pay Earnie Jr. the fees for your Earnie Jr. Subscription and authorize Earnie Jr. (through its third-party payment processor) to (i) charge these fees to the credit card or other payment method, and (ii) automatically renew the charges for the duration of your Earnie Jr. Subscription unless you cancel your Subscription as described above, which you may do at any time. If your credit card or other payment method is invalid for any reason, charged back, or if we do not receive payment, we reserve the right to cancel your Earnie Jr. Subscription immediately. You further authorize, consent to, and acknowledge that Earnie Jr. may use a third party, a Earnie Jr. affiliate, to collect any amounts from you for your Earnie Jr. Subscription and remit such amounts to Earnie Jr..
All descriptions of the Earnie Jr. Subscription, prices, and payment terms posted on the Earnie Jr. Services are within our sole discretion and subject to change at any time without notice. Earnie Jr. may add new services for additional fees and charges, amend fees and charges for existing services, or withdraw its offering of the Earnie Jr. Subscription at any time, in its sole discretion. The price charged for a Earnie Jr. Subscription and payment terms will be the price and payment terms in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Prices listed through the Earnie Jr. Services are stated in U.S. dollars, and do not include taxes. All such taxes will be added to your order total and will be itemized on the purchase screen and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
If a parental account is linked to a child account, the Earnie Jr. Subscription paid by the parent or legal guardian can be shared with the child account. It is not possible to share a Earnie Jr. Subscription paid by a child account with a linked parental account. The linked child account then gains the functionality of the Earnie Jr. Subscription paid for by the parental account. All rights and obligations arising from these Terms with respect to the Earnie Jr. Subscription may only be exercised by the owner of the account from which the Earnie Jr. Subscription was paid.
Earnie Jr. uses various third-party payment processing services (collectively “Payment Processors”) to process payments and other monetary transactions made on and through the Earnie Jr. Services. You agree to the applicable Payment Processor’s collection and use of your personal information in accordance with the Payment Processor’s privacy policy, and to the Payment Processor’s services agreement, including but not limited to the following (as each may be amended by the Payment Processor in accordance with the terms set forth in the applicable agreement).
Payment must be received by our Payment Processor before our acceptance of an order. Payment Processors accept the payment methods listed below, which may be amended by Payment Processors in their sole discretion. Earnie Jr. does not view or store your full credit card or other payment method information – instead, such information is provided directly to Payment Processors for their processing of your payment. For all purchases, our Payment Processors will collect your payment method details and charge your chosen payment method in connection with an order. You acknowledge and agree that Earnie Jr. is not responsible for any breaches of credit card or other payment method security or privacy.
You represent and warrant that:
- the account, order, and payment method information you supply to us or our Payment Processor, as applicable, is true, correct and complete,
- you are duly authorized to use such payment method for the purchase,
- you will pay any charges that you incur in connection with the service under your Earnie Jr. Subscription, including any applicable taxes,
- charges incurred by you will be honored by your payment method company,
- you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any,
- you will not allow anyone else to use your Earnie Jr. Subscription,
- you will not transfer your Earnie Jr. Subscription or password to anyone else, and
- you will report to us any unauthorized or prohibited access or use of your Earnie Jr. Subscription.
If any of your account, order, or payment method information changes, you agree to promptly update this information, so that we or our Payment Processor may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other payment method by a third party in connection with your use of the Earnie Jr. Services or your Earnie Jr. Subscription.
Payment Methods: Credit cards and debit cards accepted: Visa, Mastercard, American Express, and Discover.
Other forms of payment: Credit card gift cards from Visa, MasterCard and American Express
We do not accept: CODs or cash on delivery, Layaway Plan, Personal Checks or Money Orders.
Termination
Earnie Jr. reserves the right, in its sole discretion, to immediately modify, suspend or terminate your account, the Earnie Jr. Services, your Earnie Jr. Subscription, and/or any products, services, functionality, information, content or other materials available on, through or in connection with the Earnie Jr. Services and/or your Earnie Jr. Subscription, including, but not limited to, the Mobile Software, and/or your access to some or all of them without cause and without notice. In the event that Earnie Jr. suspends or terminates your account, the Earnie Jr. Services or your Earnie Jr. Subscription, you acknowledge and agree that you shall receive no refund or exchange for any unused time on a Earnie Jr. Subscription or any subscription fees or anything else.
Disclaimer of Warranties
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
YOUR USE OF THE EARNIE JR. SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE EARNIE JR. SERVICES OR YOUR EARNIE JR. SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE, IS AT YOUR OWN RISK. THE EARNIE JR. SERVICES AND ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE EARNIE JR. SERVICES AND YOUR EARNIE JR. SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARNIE JR. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND, WITHOUT LIMITATION, DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. EARNIE JR. MAKES NO WARRANTY THAT THE EARNIE JR. SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE EARNIE JR. SERVICES OR YOUR EARNIE JR. SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE, WILL MEET YOUR REQUIREMENTS, OR THAT THE EARNIE JR. SERVICES OR EARNIE JR. SUBSCRIPTIONS WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE EARNIE JR. SERVICES OR EARNIE JR. SUBSCRIPTIONS, REGARDLESS OF WHETHER ANY INFORMATION OR CONTENT IS MARKED AS “VERIFIED”.
Limitation of Liability
EARNIE JR. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE EARNIE JR. SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE EARNIE JR. SERVICES OR YOUR EARNIE JR. SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) EARNIE JR.’S PROVISION OF OR YOUR USE OF THE EARNIE JR. SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE EARNIE JR. SERVICES OR YOUR EARNIE JR. SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; OR (C) ANY BREACH OF OR ACT OR OMISSION UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF EARNIE JR. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EARNIE JR.’S AGGREGATE DIRECT DAMAGES RESULTING FROM THE FOREGOING (A) THROUGH (C) SHALL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU FOR YOUR EARNIE JR. SUBSCRIPTION, IF ANY, IN THE SIX MONTH-PERIOD PRECEDING THE CLAIM.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Earnie Jr.’s liability is limited to the extent permitted by law, thereby minimizing Earnie Jr.’s liability to you to the lowest amount permitted by applicable law.
Indemnification
You agree to indemnify and hold each of Earnie Jr., its subsidiaries, affiliates, officers, directors, employees and independent contractors, and any third parties providing content or services included in the Earnie Jr. Services or your Earnie Jr. Subscription, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Earnie Jr. Services or your Earnie Jr. Subscription.
Assignment
Earnie Jr. expressly reserves the right to assign and transfer these Terms, and its rights and obligations under these Terms, in part or as a whole, without restriction, including, but not limited to, to another legal entity as part of any sale or merger of all or part of Earnie Jr. with a separate legal entity. You may not transfer these Terms, or your rights or obligations under these Terms, to any person or entity.Applicable Law
These Terms will be governed by and construed in accordance with the laws of the State of Florida, excluding provisions that would result in choice of the law of another jurisdiction to govern these Terms.Arbitration
YOU AND EARNIE JR. AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION. Either Earnie Jr. or you may demand that any dispute between Earnie Jr. and you about or involving your use of the Earnie Jr. Services or your Earnie Jr. Subscription must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Palm Beach County, Florida USA, provided that the foregoing shall not prevent Earnie Jr. from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE EARNIE JR. SERVICES OR A EARNIE JR. SUBSCRIPTION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.Waiver and Severability
No waiver by Earnie Jr. of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Earnie Jr. to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. These Terms are the complete and exclusive statement of the agreement between you and Earnie Jr. concerning the Earnie Jr. Services and/or any products, services, information, or other materials available on, through or in connection with the Earnie Jr. Services or your Earnie Jr. Subscription, including, but not limited to, the Mobile Software. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Earnie Jr.Contact Us
If you have questions about these Terms, you may contact us by email at info@earniejr.com. Please note that communications made to info@earniejr.com will not constitute legal notice to Earnie Jr., its officers, employees, agents, or representatives. You may also contact us via mail at: Earnie Jr. 2521 NW 16th Lane Bay B Pompano Beach, Florida 33064Changes to These Terms
Earnie Jr. regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Earnie Jr. Services and your continued use of the Earnie Jr. Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the Earnie Jr. Services.