TERMS OF SERVICE
These TERMS OF SERVICE (these “Terms of Service”) constitute a binding contract between you (“you”) and Kids, Inc., a Nebraska corporation (“Company”), regarding the terms under which Company will provide you with access to the Services (as hereinafter defined).
BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, YOU SIGNIFY YOUR AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). You agree that your assent, given electronically, will have the same legal effect as if it had been personally signed by you. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law that might otherwise limit their enforceability or effect because they were entered into electronically. Please print a copy of these Terms of Service for your future reference.
2. INFORMATION ABOUT COMPANY
3. YOUR WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS
4. AVAILABILITY OF WEBSITE
5. INTELLECTUAL PROPERTY RIGHTS
6. COMPANY OBLIGATIONS
7. FEES AND PAYMENT
8. TERM AND TERMINATION
10. THIRD PARTY LINKS OR INFORMATION
11. DISCLAIMERS OF STATEMENTS/WARRANTIES
12. LIMITATION OF LIABILITY
18. GOVERNING LAW AND VENUE
20. FORCE MAJEURE
22. NO THIRD PARTY BENEFICIARIES
24. WAIVER AND AMENDMENT
25. GEOGRAPHIC RESTRICTIONS
26. COMPLETE UNDERSTANDING
1. TERMINOLOGY .
2. INFORMATION ABOUT COMPANY .
Kids, Inc. is a Nebraska corporation headquartered at 7133 West 95th Street, #216, Overland Park, KS 66212.
3. YOUR WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS .
o You will not copy, reproduce, upload, display, store, distribute, or otherwise release to any person, computer, server, website, or other medium, all or any portion of the Services or otherwise capture all or any portion of the Services for off-line viewing, including without limitation capturing streaming video.
4. AVAILABILITY OF WEBSITE .
You recognize that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, you will not hold Company liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by upgrading, modification, or standard maintenance of the Website.
5. INTELLECTUAL PROPERTY RIGHTS .
6. COMPANY OBLIGATIONS.
Company will use commercially reasonable efforts to ensure that the Services are reasonably accessible, except during scheduled maintenance and required repairs of the Website (over which Company has no control), and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to Company's instructions, or modification or alteration of the Services by any party other than Company. If the Services are in non-conformance with the foregoing undertaking, Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, including but not limited to offering make-up or rescheduled Course Units, or provide you with an alternative means of accomplishing the desired performance.
7. FEES AND PAYMENT .
8. TERM AND TERMINATION.
The term of these Term of Service shall commence on the Effective Date and shall continue until completion of the Services for which you have registered, unless otherwise agreed to by Company.
Company reserves the right to terminate or suspend your access to the Services for your violation or suspected violation of these Terms of Service. In such event, you will have no further rights to access the Services and shall not be entitled to a refund of Registration Fees. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
9. CONFIDENTIALITY .
You acknowledge and agree to treat your password, usernames, license keys, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Services or portions of the Services using your Authentication Information. You will notify Company immediately of any unauthorized access to, or use of, your Authentication Information. Company has the right to disable your access to the Services at any time, in its sole discretion for any or no reason, including if, in Company’s opinion, you have violated any provision of these Terms of Service or appear likely to do so.
You agree to maintain the confidentiality of Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services.
10. THIRD PARTY LINKS OR INFORMATION.
Company does not own or control the Website or any content thereon (other than the Services). The Website contains links to other pages and websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party pages or websites, and does not investigate, monitor, or check these pages or websites for accuracy or completeness. The inclusion of any linked page or website on the Website does not imply approval or endorsement of the linked page or website by Company. If you access any of these third-party pages or sites you do so at your own risk.
11. DISCLAIMERS OF STATEMENTS/WARRANTIES .
YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OF SERVICE. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
12. LIMITATION OF LIABILITY.
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (II) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY. IN NO EVENT SHALL COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF INCOME WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY PAGE OR WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, YOUR EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY IN REGISTRATION FEES OVER THE SIX MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY YOU.
You agree to compensate, hold harmless, and defend fully Company, its officers, shareholders, directors, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out, resulting from, or caused by your breach of any of your representations, warranties, covenants, obligations or duties under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
Except, for any provisions determining the primary contractual obligations of you and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and your continued use of any of the Services following the posting of revised Terms of Service means that you accept and agree to the changes, to the extent permitted by applicable laws.
You may not transfer any rights or obligations in or to these Terms of Service, in whole or in part. Company may transfer any and all rights and obligations in and to these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
You acknowledge that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent you from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.
18. GOVERNING LAW AND VENUE .
These Terms of Service shall be construed and governed by the laws of the State of Nebraska, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of Nebraska, County of Douglas, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, or infringement), you agree that all such disputes/claims will be resolved by means of a court trial conducted by the county or district court in Douglas County, Nebraska, and you expressly waive any right it may otherwise have to a jury trial.
Legal notices may be sent to email@example.com (if by email), or at Kids, Inc, Attn: Allan Gonsher, 7133 West 95th Street, #216, Overland Park, KS 66212 (if by conventional mail). Notices to you may be sent either to the email address supplied in your account or to the address supplied by you as part of your registration data. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or (e) within three (3) days after Company posts a notice on the Website.
20. FORCE MAJEURE.
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes but is not limited to any act, event, non-happening, omission or accident beyond Company’s reasonable control including but not limited to restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
21. NO THIRD PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
23. WAIVER AND AMENDMENT .
If Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
24. GEOGRAPHIC RESTRICTIONS.
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website or the Services from time-to-time, is subject to United States Export Controls. No Service Functionality from the Website or the Services may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any Service Functionality, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Website and the Services may be accessible worldwide, Company makes no representation that materials on or through the Website or the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website and/or the Services from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
25. COMPLETE UNDERSTANDING.
These Terms of Service constitute the sole and entire agreement between you and Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.
EFFECTIVE DATE: NOVEMBER 15, 2015