Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the KidsForce Rx website located at kidsforce.org, including all content, features, and services provided therein (collectively, the "Service"). The Service is owned and operated by Nerissa Halbrook ("Owner," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

We may update these Terms at any time in our sole discretion. Changes are effective when posted to the Service or otherwise communicated to you. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

Eligibility and Intended Audience

The Service is intended for use by adults and emancipated minors acting as parents, guardians, or caregivers for children. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or to make purchases or submissions through the Service. The Service provides pediatric-focused educational information for caregivers and clinicians and is not intended for children to use independently.

Medical Information Disclaimer

The Service provides evidence-based educational information about pediatric medications, diseases, supplements, dosing, side effects, interactions, and vaccines. The content is provided for general informational purposes only and is not medical advice, diagnosis, or treatment. The Service does not create a clinician–patient relationship. Always seek the advice of a licensed physician, pharmacist, or other qualified health provider with any questions you may have regarding a medical condition or medication.

Information on the Service may not reflect the most current research, clinical guidelines, labeling updates, or regulatory changes. Medication dosing and contraindications may vary by age, weight, comorbidities, formulation, and product brand. Verify all dosing, indications, and safety information using authoritative sources and the product’s current FDA-approved labeling or instructions provided by a licensed clinician.

Emergency and Crisis Situations

Do not use the Service for medical emergencies or urgent situations. If you believe you or a child is experiencing a medical emergency, call your local emergency number immediately or seek emergency care.

No Provider–Patient Relationship

Your use of the Service does not establish a provider–patient, pharmacist–patient, or any other professional relationship. We do not practice medicine or pharmacy, dispense medications, or provide telehealth services through the Service.

Accounts and Security

If the Service allows or requires account creation, you agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify us of any suspected unauthorized use of your account. We reserve the right to suspend or terminate accounts at our discretion.

Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and disclose information. We are not a healthcare provider or a covered entity under HIPAA. Do not submit protected health information (PHI) to the Service. If you submit PHI, you do so at your own risk and without any expectation of HIPAA protections.

Permitted Use and License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial informational use. All rights not expressly granted are reserved by us and our licensors.

Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Provide or rely on the Service as a substitute for professional medical advice, diagnosis, or treatment.
• Copy, reproduce, distribute, modify, create derivative works of, publicly perform, or publicly display any content except as expressly permitted by these Terms.
• Scrape, crawl, index, harvest, or access the Service through automated means without our prior written permission.
• Interfere with or disrupt the Service or servers, including by introducing viruses, malware, or harmful code.
• Bypass, circumvent, or attempt to defeat any access controls, rate limits, or security measures.
• Use the Service to collect or submit personal information of children under 13 years of age.
• Misrepresent your identity or affiliation, or submit false or misleading information.

Intellectual Property Rights

The Service and all content, features, and functionality (including text, graphics, logos, icons, images, audio clips, data compilations, and software) are owned by us or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. "KidsForce Rx" and any associated logos are our marks. You may not use our marks without our prior written consent.

Feedback

If you submit ideas, suggestions, or feedback to us, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and exploit such feedback for any purpose without compensation to you.

User Content

If the Service permits user-generated content (e.g., comments, reviews, questions), you represent and warrant that you own or have all necessary rights to submit such content and that it does not infringe any third-party rights or violate any law. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, translate, distribute, and display your user content in connection with the Service. We may remove user content at any time for any reason.

Third-Party Content, Products, and Services

The Service may reference or describe third-party products, medications, supplements, services, or educational materials. We do not endorse, warrant, or assume responsibility for third-party information, products, or services. Always follow the directions of a licensed clinician and the manufacturer’s labeling. Any third-party terms and policies apply to your dealings with such third parties.

Accuracy, Availability, and Modifications

We strive for accuracy and practicality; however, the Service may contain errors, omissions, or outdated information. We may modify, suspend, or discontinue all or part of the Service at any time without notice. We are not liable for any modification, suspension, or discontinuation.

Paid Services and Billing

If the Service offers paid features, subscriptions, or purchases, you agree to pay all fees and applicable taxes and authorize us (and our payment processors) to charge your selected payment method. Prices and billing terms are subject to change. Except as required by law or expressly stated, all fees are non-refundable. You are responsible for any charges incurred by minors or others using your account.

Disclaimers of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, COMPLETE, CURRENT, SECURE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, PERSONAL INJURY, WRONGFUL DEATH, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR RELIANCE ON ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages; therefore, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another.

Governing Law

These Terms and any dispute or claim arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles, and to the extent not preempted by U.S. federal law.

Binding Arbitration and Class Action Waiver

Please read this section carefully; it affects your legal rights.

Agreement to Arbitrate

Except for claims that may be brought in small claims court, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding arbitration administered by a recognized arbitration provider, conducted in English, and held in Clark County, Nevada. The arbitrator shall have exclusive authority to resolve all disputes, including issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Class and Representative Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an email to [email protected] with the subject line "Arbitration Opt-Out" and your full name and address. If you opt out, neither you nor we will be required to arbitrate disputes.

Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or the confidentiality and security of data.

DMCA/Copyright Complaints

We respect intellectual property rights. If you believe that content on the Service infringes your copyright, please send a notice containing: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing with sufficient detail to locate it; (4) your contact information; (5) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Send notices to: DMCA Agent, KidsForce Rx, c/o Nerissa Halbrook, 1300 W Sunset Rd, Henderson, NV 89014, or email [email protected].

Export Controls and Sanctions

You may not use, export, or re-export the Service or any content except as authorized by U.S. law, including U.S. export control and sanctions laws and regulations. By using the Service, you represent that you are not located in, under the control of, or a national or resident of any restricted country or on any restricted party list.

Children’s Privacy

We do not knowingly collect personal information from children under 13 years of age. If you believe we have collected personal information from a child under 13, please contact us at [email protected] so we can take appropriate action.

Communications and Electronic Signatures

By providing your email address or other contact information, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

Accessibility

We strive to make the Service accessible and usable for all users, including those with disabilities. If you encounter accessibility barriers, please contact us at [email protected] and we will make reasonable efforts to address your concerns.

California Notices

California users are entitled to the following consumer rights notice: You may contact us to resolve complaints or request further information at the contact information below. We do not sell personal information as defined under applicable California law. For information about how we collect, use, and disclose personal information, please refer to our Privacy Policy.

Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and without notice or liability to you. Upon termination, your right to use the Service will immediately cease, and any provisions that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, arbitration, and indemnification).

Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. You may not assign or transfer these Terms without our prior written consent; any attempted assignment in violation of the foregoing is void. We may assign these Terms without restriction. These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings.

Owner and Contact Information

KidsForce Rx is owned by: Nerissa Halbrook. Mailing address: 1300 W Sunset Rd, Henderson, NV 89014. Email: [email protected]. For questions, notices, or complaints regarding the Service or these Terms, please contact us using the information above.