Terms

Revised: May 17, 2015

These Terms of Service (“TOS”) set forth the terms and conditions that apply to your access and use of the [LittleHelper.co] (the “LH Site”) and mobile application (the “LH App”) as owned and operated by Little Helper, Inc., and its affiliates (“Little Helper”). The LH Site and the LH App are collectively referred to as the “Services.” As used in these TOS, the term “LH Site” includes all LittleHelper.com websites, pages that are associated or within each website and all devices, applications or services that Little Helper operates or offers that link to these TOS. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of these TOS and Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to these TOS, then you may not use the Services.

1. Terms

Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by Little Helper of the Services, you agree to be bound by these TOS, whether you are a “Visitor” (which means that you simply browse the LittleHelper.com website) or a “User” (which means that you have registered or used the Services). The term “you” or “User” refers to a Visitor or User. The term “we” refers to Little Helper. If you wish to make use of the Services, you must read these TOS and indicate your acceptance during the registration process.

You may not use the Services and you may not accept these TOS if you are not are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Little Helper.

Use of the Services is limited to Users who are eighteen (18) years of age or older and/or have legal capacity to form a binding contract or, as set forth below, Users who are between fourteen (14) and seventeen (17) years of age with consent of a parent or guardian.

If You are between fourteen (14) and seventeen (17) years of age or have not reached the age of majority in Your jurisdiction of residence (together, “Not of Majority Age”), You may not use the Services except with the supervision and permission of a parent or legal guardian. If You are Not of Majority Age, You must have a parent or legal guardian review and agree to these Terms of Use by clicking the ” I agree — Create Profile ” button below.

If you accept these TOS, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of these TOS for your records.

Privacy Policy

You can view the Little Helper Privacy Policy [here] and on the LH Site for the Services. You agree to the Little Helper Privacy Policy, and any changes published by Little Helper. You agree that Little Helper may use and maintain your data according to the Little Helper’s Privacy Policy, as part of the Services. You give Little Helper permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Little Helper services. For example, this means that Little Helper may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Little Helper may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

Description of the Services

The Services provide a management platform that allows users to manage day-to-day and event interactions between You and your existing resources. The Services may also present you information relating to third party products or services (“Little Helper Offers “), as well as provide you general tips, recommendations and educational material.

The Services do not, and shall not under any circumstances be interpreted to include or provide: (a) selection of or suggestions for child care or any other type of service provider(s) (collectively, the “Service Providers”), (b) criminal or other background checks/investigations of Service Providers, (c) payment processing for fees or expenses related in any way to the use of Service Providers or the Services. In addition, Little Helper shall not be responsible for any tax withholding, tax payments, or tax liabilities of any kind in any way related to the Services. All Users are responsible for obtaining advice from a professional tax advisor related to their use of the Services.

Offers and Third-Party Links

Some parts of the Services are supported by sponsored links from advertisers and display Little Helper Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We will always disclose when a particular Little Helper Offer is sponsored.

In connection with Little Helper Offers, the Services will provide links to other web sites belonging to Little Helper advertisers and other third parties. Little Helper does not endorse, warrant or guarantee the products or services available through the Little Helper Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Little Helper is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Little Helper does not guarantee that any offers by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best offers available in the market.

If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.

Your Registration Information

In order to allow you to use the Services, you will need to sign up for an account with Little Helper. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or verifying information you provide against third party databases or through other sources. If you do not provide this information or Little Helper cannot verify your identity, we can refuse to allow you to use the Services.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Little Helper immediately at help@littlehelper.co.

Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Little Helper to provide the Services to you. You may not misrepresent your Registration and Account Information. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Little Helper, in its sole discretion, may elect to take. In no event will Little Helper be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Little Helper to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

Use With Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. LITTLE HELPER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Online and Mobile Alerts

Little Helper may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Little Helper may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Little Helper may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Little Helper shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Intellectual Property Rights

Little Helper shall maintain all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights, including rights in and to the Service, Little Helper Marks and Little Helper Data, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these TOS do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. “Little Helper Data” means any data, including without limitation metadata, relating to the use of the Service, such as data schema, specific facts and other similar information collected by Little Helper and made available via the Little Helper Interface. “Little Helper Interface” means the web based interface, provided and hosted by Little Helper that allows You to access and view the Little Helper Data.

You own the information you provide Little Helper or input through the Service. You grant Little Helper a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to Little Helper to use the foregoing described information for the provision of the Services. By providing information to Little Helper, You represent and warrant that You are entitled to and are authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights, and that all information uploaded shall comply with the terms of the Little Helper Privacy Policy available at [-].

Little Helper shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback Little Helper receive from You.

Little Helper, and Little Helper’s other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of Little Helper (collectively, “Little Helper Marks”), and You may only use such Little Helper Marks to identify yourself as a customer and user of the Service; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Little Helper Marks, or use the Little Helper Marks to disparage or misrepresent Little Helper, its services or products.

All rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Little Helper and its third-party vendors.

Upon subscribing to the Service and upon the condition that you comply with all of Your obligations under these TOS, Little Helper grants you a non-exclusive, non-transferable, revocable license to access and use the Service (for the particular subscription purchased) and the Site, strictly in accordance with these TOS and subject to all the limitations set forth in these TOS.

Access and Interference

You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these TOS; (b) use the Service to process data on behalf of any third party; (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Little Helper, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law; (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Site; (i) unless otherwise explicitly agreed to in writing by Little Helper, use the Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Site or the Service; (k) deep-link to the Site for any purpose (other than Little Helper’s home page), unless expressly authorized in writing by Little Helper; or (l) try to use, or use the Service in violation of these TOS.

You are responsible for all information, data, text, messages or other materials transmitted by you via the Service. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You may create separate logins for as many people as Your plan allows. You agree that You will not sell, trade or otherwise transfer Your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Little Helper, charge anyone for access to any portion of the Site, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. LITTLE HELPER, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER LITTLE HELPER OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LITTLE HELPER NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Limitations on Little Helper’s Liability

LITTLE HELPER SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THESE TOS, EVEN IF LITTLE HELPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TOS, LITTLE HELPER’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Little Helper

You shall defend, indemnify and hold harmless Little Helper and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these TOS or any activity by you in relation to the Sites or your use of the Services.

Termination of Services

Little Helper may at any time, terminate its legal agreement with you and access to the Services:

  1. if you have breached any provision of these TOS (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these TOS); b. if Little Helper in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

You acknowledge and agree that Little Helper may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Little Helper shall not be liable to you or any third party for any termination of your access to the Services.

Modifications

Little Helper reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Little Helper reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Services, Little Helper will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Little Helper shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

Little Helper may modify these TOS from time to time. Any and all changes to these TOS may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the TOS will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the TOS when you use the Services after those changes are posted.

Governing Law

The validity, interpretation and performance of these TOS shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to the conflicts of laws provisions or principals thereof.

Allegations of Copyright and Trademark Infringements; Notification

Little Helper respects the intellectual property rights of others and Little Helper asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The information specified above must be sent to Little Helper’s Designated Agent, whose contact information is as follows:

Paul Burke
Founder & CEO
paul@littlehelper.co

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

Any information or correspondence that you provide to Little Helper may be shared with third parties, including the person who provided Little Helper with the allegedly infringing material.

Upon receipt of a bona fide infringement notification by the Designated Agent, it is Little Helper policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.

If you believe that your content should not have been removed for alleged copyright infringement, you may send Little Helper Designated Agent a written counter-notice with the following information:

  • Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

2. Supplemental Terms and Conditions for the Service

These Supplemental Terms and Conditions apply for the LH App and shall prevail over any conflict or inconsistency with the TOS above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms above.

You can download, from the Mac App Store, a companion app to the Services. You are responsible for the fee you incur and are charged by a third party (i.e, Apple), which may change from time to time, in connection with your download and use of LH App. Little Helper has no obligation to refund any payments made to such third party for your use of LH App as set out in these TOS.

Apple Requirements. If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:

  1. Acknowledgement: You acknowledge that these TOS is between you and Little Helper only, and not with Apple, and Little Helper, not Apple, is solely responsible for the Software and the content thereof.
  2. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
  3. Maintenance and Support: Little Helper and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
  4. Warranty: Little Helper is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Little Helper’s sole responsibility.
  5. Product Claims: Little Helper, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Little Helper, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: 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. Developer Contact Info: Direct any questions, complaints or claims to help@littlehelper.co.
  9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
  10. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these TOS, and that, upon your acceptance of the terms and conditions of the TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce the TOS against you as a third party beneficiary thereof.