Child Support Info
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Terms of Use
Last updated: March 6, 2024
The following Terms of Use (“Terms”), which constitute a legally binding agreement between Something Useful LLC, its subsidiaries, affiliates, agents and assigns ("Something Useful,” “we,” “us,” and “our”) and you. We own and operate this mobile application (“Mobile App”). In order to use our Mobile App, childsupportinfo.org, or any other content and services we may offer here (any of which, and all together, the “Services”), you (personally and, if applicable, on behalf of the entity for whom you are using the Mobile App; collectively, “you”) must agree to and follow these Terms. By accessing, browsing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Something Useful, and this Agreement governs your use of the Services. If you do not agree to these terms, you may not access or use the Services.Be sure to read these Terms carefully, and if you have any questions please contact us at: contact@childsupportinfo.orgPLEASE NOTE THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. SEE SECTION 18 FOR DETAILS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 18.4, WITHIN THE SPECIFIED TIME FRAME.1. MODIFICATION OF THIS AGREEMENT
Something reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, childsupportinfo.org.com. You should check this Agreement on childsupportinfo.org.com periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the Mobile App, childsupportinfo.org.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Something Useful may terminate, suspend, change, or restrict access to all or any part of the Mobile App, childsupportinfo.org.com or the Services without notice or liability.2. PRIVACY POLICY
Something Useful maintains a Privacy Policy, and it details how we handle and protect data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on childsupportinfo.org.com.3. ELECTRONIC COMMUNICATIONS
By choosing to use the Mobile App or the Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the Mobile App, or Something Useful from Something Useful (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.3.1 Communications in Writing
By accepting to this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.3.2. Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either:A computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); or
A mobile device that meets the requirements described in Section 3.
You will also need a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.3.3 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at contact@childsupportinfo.org. If you withdraw your consent, we reserve the right to limit or close your Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.3.4 Updating Records
You may update the contact information through which you wish to be contacted by contacting us at contact@childsupportinfo.org.com.4. OUR SERVICES
Something Useful offers a variety of services and features collectively referred to in this Agreement as the Services. These Services include the ability to check your view your child support payments and case information.4.1 Child Support Portal Integration
As part of the Services, you may choose to connect the app to your account on your state's Child Support Portal. You can find your State's Child Support Portal here: https://www.acf.hhs.gov/css/parents/sign-up-pay-or-change-order. These Child Support Portals provide government-generated information regarding your child support cases. By connecting your account, you authorize Something Useful to connect to the Portal on your behalf as your agent. This integration enables Something Useful to obtain information about your child support and display such information through the Services. Please note that Something Useful has no control over the contents of any Portal and has no responsibility for the accuracy of the data contained therein.If you connect a Portal account to the app, you represent and warrant that you are entitled to provide Something Useful with your credentials for such account and that Something Useful may view and access the information maintained at the Portal, such as your child support payment history and case status ("Child Support Information"). Please refer to Our Privacy Policy for complete information on what information we store and how it is used.YOU ACKNOWLEDGE AND AGREE THAT WHEN SOMETHING USEFUL IS ACCESSING AND RETRIEVING CHILD SUPPORT INFORMATION FROM A PORTAL, SOMETHING USEFUL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PART(IES) THAT OPERATE SUCH PORTAL. YOU EXPRESSLY AUTHORIZE SOMETHING USEFUL TO ACCESS THE PORTAL VIA REQUESTS SOMETHING USEFUL INITIATES FROM YOUR DEVICE AS YOUR AGENT. YOU EXPRESSLY AUTHORIZE THE PORTAL TO DISCLOSE YOUR PORTAL ACCOUNT INFORMATION TO SOMETHING USEFUL.Something Useful will only access your Portal account when you are using the Service. If you do not want Something Useful to access your Portal account, you should stop using the Service.5. INTELLECTUAL PROPERTY and CONTENT RIGHTS
The Mobile App, childsupportinfo.org.com and the Services are owned and operated by Something Useful. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Something Useful Materials”) are owned exclusively by Something Useful or the licensors or suppliers of Something Useful and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this childsupportinfo.org.com, Mobile App or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Something Useful Materials displayed on the Mobile App, childsupportinfo.org.com or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Something Useful Materials found on the Mobile App, childsupportinfo.org.com or the Services unless in accordance with written authorization by us. Something Useful prohibits use of any of the Something Useful Materials as part of a link to or from the Mobile App, childsupportinfo.org.com or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Something Useful Materials, or whether any mark or logo is a Something Useful Material, should be referred to Something Useful. All rights related to the Something Useful Materials are hereby reserved.You agree that the Something Useful Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Something Useful. You acknowledge that the Something Useful Materials are and shall remain the property of Something Useful. You may not modify, participate in the sale or transfer of, or create derivative works based on any Something Useful Materials, in whole or in part.6. THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within the Services that are not owned by Something Useful are “third party content and services.” Something Useful acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, the Services may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Something Useful does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.7. ADDITIONAL INFORMATION: APPLE APP STORE
This Section applies to any Something Useful software that you acquire from the Apple App Store or use on an iOS device (“iOS App”). You must comply with any applicable third-party terms of service when using the iOS App. You and we acknowledge the following:Apple is not a party to these Terms. Something Useful, and not Apple, is solely responsible for the iOS App and the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. Apple is not responsible for addressing any claims by you or any third party relating to the iOS App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the iOS App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.Additionally, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.8. TERMINATION
Something Useful and you each have the right to terminate or cancel any of your Account, if applicable, at any time for any reason, including for a breach of these Terms by you. Subject to applicable law, Something Useful may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Mobile App, childsupportinfo.org.com or the Services at any time, with or without cause, in Something Useful’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Mobile App, childsupportinfo.org.com or the Services: the sections concerning Indemnification, Limitations on Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and General Terms, and any other provision that by its terms survives termination of your use or access to the Mobile App, childsupportinfo.org.com or the Services.Something Useful further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Mobile App, childsupportinfo.org.com or Services at any time with or without notice.9. LIMITATIONS OF USE
You agree to use the Services only for lawful purposes. You are prohibited from any use of the Services that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to unauthorized entry into Something Useful’s systems, misuse of passwords, or misuse of any information posted on through the Services is strictly prohibited. Something Useful makes no claims concerning whether use of the Services is appropriate outside of the United States. If you access the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.Without limitation, you agree that you will not, directly or indirectly:- Use the Services in a manner that violates these Terms or any applicable law, rule, or regulation, or for any unintended purpose;
- Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Mobile App or part of the Service;
Use the Services or any of our marks commercially, for benchmarking, or to compile information for a competitive product or service;
- - Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code;
Interfere with or damage the Services or our servers, including, without limitation, through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;
- Impersonate or misrepresent your identity or affiliation with a person, entity or organization or use a false identity;
- Attempt to obtain unauthorized access to the Services or any materials or information not intentionally made available through the Service;
- Collect information about users of the Service;
- Violate, misappropriate or infringe a third party’s intellectual property or other right through the Service; or
- Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service.
Something Useful reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Something Useful also reserves the right to take action to protect Something Useful, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Services, 3) suspending or terminating your ability to use the Services on an ongoing basis, 4) taking legal action against you, 5) holding you liable for the amount of Something Useful’s damages caused by your violation of this Agreement.10. LIMITATIONS ON WARRANTIES
While we try to keep our Services safe and functioning, using our Services exposes you to some risks. Something Useful is not responsible for any harm you may experience. Specifically:THE MOBILE APP, childsupportinfo.org.com AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SOMETHING USEFUL AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “SOMETHING USEFUL PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, childsupportinfo.org.com OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, childsupportinfo.org.com OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”THE SOMETHING USEFUL PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE MOBILE APP, childsupportinfo.org.com, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE SOMETHING USEFUL PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOBILE APP, childsupportinfo.org.com, OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA. PLEASE NOTE, THE ABILITY TO EXCLUDE WARRANTIES VARIES IN DIFFERENT JURISDICTIONS. TO THE EXTENT THAT A JURISDICTION PLACES LIMITS ON THE ABILITY FOR A PARTY TO EXCLUDE WARRANTIES, THESE EXCLUSIONS EXIST TO THE EXTENT PERMITTED BY LAW. BECAUSE OF THIS JURISDICTIONAL VARIANCE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.11. LIMITATION OF LIABILITY
THE SOMETHING USEFUL PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE APP, childsupportinfo.org.com OR THE SERVICES, THE SOMETHING USEFUL MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, childsupportinfo.org.com OR THE SERVICES, EVEN IF SOMETHING USEFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOMETHING USEFUL PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, childsupportinfo.org.com OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, childsupportinfo.org.com OR THE SERVICES. IN NO EVENT WILL THE SOMETHING USEFUL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). 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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APP, childsupportinfo.org.com OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SOMETHING USEFUL IS TO STOP USING THE SERVICES AND SOMETHING USEFUL SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT SOMETHING USEFUL IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR USER CONTENT POSTED WITHIN THE SERVICES BY, ANY SOMETHING USEFUL SERVICE USER. IN NO EVENT SHALL SOMETHING USEFUL’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SOMETHING USEFUL FOR YOUR PARTICIPATION IN ANY SOMETHING USEFUL SERVICE. IN NO CASE SHALL SOMETHING USEFUL OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR SOMETHING USEFUL SOFTWARE. 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, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SOMETHING USEFUL IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SOMETHING USEFUL LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES AND SOMETHING USEFUL SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.12. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Something Useful Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Something Useful reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Something Useful.13. APPLICABLE LAW, JURISDICTION, AND VENUE
These Terms, your use of the Service, and any other matter relating to Something Useful will be governed by the laws of the state of New York, without regard to conflict of laws principles.14. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND SOMETHING USEFUL, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW.14.1 Scope of Arbitration Provision
You and Something Useful agree that any and all past, present and future dispute, claims, or causes of action arising out of or relating to your use of any of the Services, these Terms, or any other controversies or disputes between you and Something Useful or any of Something Useful’s affiliates, licensors, distributors, suppliers or agents, whether arising prior to or after you agreed to the Terms (collectively, “Dispute(s)”), shall be determined by arbitration, unless (A) you opt out as provided in Section 18.4 below; or (B) your Dispute is subject to an exception to this agreement to arbitrate set forth in Section 18.8. You and Something Useful further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.14.2 Informal Dispute Resolution.
Something Useful wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Something Useful, you agree to try to resolve the Dispute informally by contacting contact@childsupportinfo.org.com. Similarly, Something Useful will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Something Useful may initiate an arbitration proceeding as described below.14.3 We Both Agree To Arbitrate.
By agreeing to these Terms, you and Something Useful each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.14.4 Opt-Out of Agreement to Arbitrate.
If you do not wish to be subject to this arbitration agreement, you may opt out of this arbitration provision by sending a written notice to contact@childsupportinfo.org.com within thirty (30) days of first accepting these Terms. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with Something Useful through arbitration. If no written notice is submitted by the 30-day deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions set forth in 18.8 below. By opting out of the agreement to arbitrate, you will not be precluded from using the Something Useful Service, but you and Something Useful will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.14.5 Arbitration Procedure and Fees.
You and Something Useful agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules”). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Section 18, if a party seeks injunctive relief that would significantly impact other Something Useful users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.You and Something Useful further agree that the arbitration will be held in New York, New York, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. If Something Useful elects arbitration, Something Useful shall pay all of the AAA filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, Something Useful will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator(s) finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys’ fees, except as otherwise required by law. This Section 18 “Dispute Resolution by Binding Arbitration” shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.14.6 Arbitration Shall Proceed Individually.
Regardless of the rules of a given arbitration forum, you and Something Useful agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Something Useful may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Something Useful will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.14.7 Class Action and Collective Arbitration Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR SOMETHING USEFUL SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHALLENGE TO THE VALIDITY OF THIS SECTION 18.7 SHALL BE DETERMINED EXCLUSIVELY BY THE ARBITRATOR.
14.8 Exceptions to Agreement to Arbitrate.
Notwithstanding your and Something Useful’s agreement to arbitrate Disputes, either you or Something Useful retain the following rights: you and Something Useful retain the right (A) to bring an individual action in small claims court; and (B) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.14.9 Judicial Forum for Disputes.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Something Useful agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County, New York. Both you and Something Useful consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.14.10 Survival and Severability of This Arbitration Provision.
This Section 18 “Dispute Resolution By Arbitration” shall survive the termination or expiration of these Terms. With the exception of Section 18.7 “Class Action and Collective Arbitration Waiver,” if a court decides that any part of this Section 18 is invalid or unenforceable, then the remaining portions of this Section 18 shall nevertheless remain valid and in force. In the event that a court finds that all or any portion of Section 18.7 “Class Action and Collective Arbitration Waiver” to be invalid or unenforceable, then the entirety of this Section 18 “Dispute Resolution By Arbitration” shall be deemed void and any remaining Dispute must be litigated in court pursuant to Section 18.9.15. SEVERABILITY
Except as otherwise set forth in Section 18, if any part of these Terms is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.16. GENERAL TERMS
16.1 Reservation of Rights
Something Useful and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.16.2 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Something Useful and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Something Useful and you regarding the Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Something Useful’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Something Useful may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any third party, other than those rights or remedies described in Section 10, as applicable.16.3 Notices
Any notices or other communications provided by Something Useful under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.16.4 Waiver of Rights
Something Useful’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Something Useful. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.17. CONTACT US
contact@childsupportinfo.org
Privacy Policy
Last updated: November 13, 2024
This Privacy Policy outlines how Something Useful Inc. (Something Useful,” the “Company,” “we,” “our,” or “us”) processes the information we collect about you through our website, www.childsupportinfo.org (the “Website”), through our Child Support Payment Tracker mobile applications, and through our other online services (collectively, the “Services”), and when you otherwise interact with us, such as through our customer service channels. This Privacy Policy is hereby incorporated by reference into our Terms of Use. By accessing or using any part of the Services, you agree that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree to any of the provisions as set forth in this Privacy Policy, you have no right to use the Services.Types of Personal Information We Collect, How We Use It, and How We Share ItWe collect the following types of personal information:
- Child Support Portal Account user ID and password, if you choose to provide this information and connect your account. We use this information to help you easily access your own case information. We do not store this information on our servers. We do not share this information with anyone.
- Child support case information, including your name, payment history, and case summary information. You can find your state's Child Support Portal here: https://www.acf.hhs.gov/css/parents/sign-up-pay-or-change-order. We do not store any Personally Identifiable Information (PII) on our servers nor share it with anyone. We may share anonymized, aggregated payment or case information with third-parties or partners.
- Automatically collected tracking and analytics information, including your IP address, Device ID, and mobile application usage information. In addition, our servers may temporarily keep log files that record data each time a device accesses our Website or Services. The log files may contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and referral URL (i.e., the external source by which you arrived at our Websites or Services, or the pages you’ve clicked on while on our Websites or Services). We use this information to analyze and improve our Services. We may share this information with third-party analytics services below.
- Additional Information that you provide to us, such as through surveys, customer support inquiries, and similar interactions with us. If you choose to complete any optional surveys that we post on our Website or mobile application from time to time, we may collect the personal information you provide in your response(s). Please note that, unless we explicitly state otherwise, these surveys are hosted by third parties that Something Useful does not control. We are not responsible for the privacy practices of these third parties or the content of third-party services, and the information practices of those third parties are not covered by this Privacy Policy. These third-party services have their own privacy policies, and we strongly recommend that you read those policies, along with any applicable terms and conditions of use, to understand how they collect, use, and share your information. If you agree to participate in our Beta Testing Program, you may be required to provide us with additional personal information or account login information so that we can test features and improve functionalities.Our Use of Tracking and Analytics Technologies
Something Useful uses “cookies” and similar technologies to automatically collect these types of personal information, and to track your use of the Website and our other Services. These technologies, which are described below, collect information in relation to your experience on our Website and Services, such as pages clicked, navigation path, bounce rates, actions taken, and other metrics.What Are Cookies? Cookies are small files that are stored within your browser and store data in relation to your visit to our Website or Services. Cookies serve a variety of purposes, such as securely maintaining your authenticated session and preferences (e.g., remembering log-in details or other settings), understanding your use of the Website or Services, and servings ads (whether our own ads on third-party websites or services or others’ ads on our Website or Services) based on your interests or actions. Each cookie typically has a pseudonymous ID associated with them (a set of randomized characters, typically alphanumeric) and may also store information related to your device or browser, such as IP address, browser and Operating System type, device type, etc.Amplitude. We use Amplitude, a tool which provides product analytics for our mobile application. Amplitude helps us understand how you use our mobile application so we can improve the experience. Additional information about the manner in which Amplitude processes data is available at: https://amplitude.com/privacy.Mixpanel. We use Mixpanel to provide product analytics for our mobile application. Mixpanel helps us understand how you use our mobile application so we can improve the experience. For more information about how Mixpanel handles your data, visit https://mixpanel.com/privacy.AppsFlyer. We use AppsFlyer to provide analytics and attribution. We use this information to understand and improve our marketing campaigns. For more information about how AppsFlyer handles your data, visit https://www.appsflyer.com/privacy-policy.Sentry. We use Sentry to monitor our application for errors, bugs, and other performance issues. Sentry helps us understand and improve the stability of the app. For more information about how Sentry handles your data, visit https://sentry.io/privacy.Most Internet browsers are set up to accept cookies and pixel tags automatically. You can set your browser to notify you when a cookie is set to your device, allowing you to decide whether or not to accept those cookies, block all third-party cookies (cookies dropped by third-party vendors), or all cookies generally (both Something Useful’s and third-party vendors’ cookies). Users choosing not to accept any cookies or similar technologies may not be able to take full advantage of the Website or Services. If you use a different device or change browsers, you may need to perform the opt-out task again. Something Useful does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.On your mobile device, you may be able to limit certain interest-based mobile advertising through settings on your device, such as resetting your ID for Advertising for iOS (IDFA), Google Advertising ID, and similar mobile identifiers. Please refer to specific guidance from your device manufacturer and/or operating system for details.Data Security
We use reasonable physical, electronic, and procedural safeguards that comply with federal standards to protect and limit access to personal information. This includes device safeguards and secured files and buildings. While we use reasonable safeguards to protect your personal information, no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be completely secure.Data Storage
We have built many of our Services to function without saving sensitive personal information to our servers, such as your Child Support portal account user ID and password. We do not store this information on our servers. We do store this information in an encrypted format on your mobile device.Data Retention and Removal
Something Useful retains your personal information for as long as it is deemed necessary and relevant by Something Useful for Something Useful’s operations, unless a longer or different retention period is required or permitted by law.You may request to have your data deleted by emailing contact@childsupportinfo.org. In order to process your request, we may require confirmation of your identity.International Users
Our Services are hosted in the United States and subject to laws of the United States. If you are located in a country outside the United States and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States. U.S. law may not provide the degree of protection for personal information that is available in your country or local jurisdiction.Children’s Privacy
We do not knowingly collect or solicit any information from anyone under the age of 13 in providing our Services. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will take reasonable steps to delete that information. If you believe that we might have any information from a child under 13, please contact us at contact@childsupportinfo.org.Changes to this Privacy Policy
This Privacy Policy was last updated on the date listed at the top of this page. We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.Questions?
If you have questions or concerns regarding this statement, or if you have any questions or suggestions, please contact contact@childsupportinfo.org