KIDSTRONG UNIVERSITY TERMS OF SERVICE

 

Effective Date: June 29, 2020 

PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE YOU USE THE SERVICES (AS DEFINED BELOW). THESE TERMS ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT, OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12(a) BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION.

KidStrong, Inc. is referred to as we, our, us, KidStrong, or the Company. Both these Terms and separate terms of service or sale documents may apply to your use of the Services or to a sweepstakes, service, or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

Welcome to KidStrong University. KidStrong University provides an online program focusing on child and family physical fitness, brain and character development, and related products, services, content and features through KidStrong websites and through mobile, desktop or device applications (including iOS and Android applications (“Apps”)), and KidStrong social media pages. It is important that you read and understand these Terms before purchasing a subscription to, registering an account for, or otherwise using KidStrong University. You acknowledge that by purchasing a subscription to, registering an account for, or using KidStrong University, including any of the services provided therein, and any Apps that link to these Terms (collectively, the “Services”), you accept and agree to be bound by these Terms, which forms a binding agreement between you and KidStrong. 

What is covered in these “Terms of Service”

 

These Terms establish what you can expect from us as you use the Services and what we expect from you. These Terms also explain how our relationship is defined. 

 

Privacy Policy

 

In addition to these Terms, be sure to read our Privacy Policy https://www.kidstrong.com/privacy-policy. It will help you understand how you can update, manage, export, and delete your information. The terms of our Privacy Policy are incorporated into these Terms.

 

Who is the Service Provider?

 

The Service Provider is : 

KidStrong, Inc., a Delaware corporation

5 Cowboys Way, Suite 300

Frisco, Texas 75034

 

Rules on Age Limits

 

In these Terms, the term “you” refers to Adult Users (as defined below) of the Services and purchasers of Subscriptions (as defined below). An Adult is a person of legal age who can enter into a contract in the state in which the User resides; by purchasing a subscription to, registering for, or using the Services, you represent and warrant that you are an Adult, and that you will be responsible for ensuring that any child or student authorized by you to use and access the Services does so in accordance with these Terms. 

 

We may, in our sole discretion, refuse to offer the Services to any person or entity and to change the eligibility criteria at any time. It is entirely your responsibility for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Services is revoked where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

 

 

Summary of Key Points

  • By creating an Account and/or purchasing a Subscription to, or using the Services, you accept and agree to these Terms.

  • By activating a Subscription, you agree that we may automatically renew your subscription for a subsequent term of equivalent duration on the day after your previous subscription ends, and you authorize us to automatically charge you for the renewal subscription Term unless you cancel your Subscription before its renewal date according to the procedures that are described in the Cancellation section below. 

  • ARBITRATION: These Terms include an arbitration clause under which YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT. See the Arbitration Section (Section 11) below for more detail.

  • You acknowledge and agree that the Services are provided AS IS, without any warranty or representation of any kind. 

 

TERMS:

 

  1. Ownership & License. 

    1. Ownership. As between us and you, the Services (including any past, present and future versions) are owned and controlled by us and their Content is protected by US and international copyright, trademark, trade dress, patent and other intellectual property rights and laws to the fullest extent possible. For purposes of these Terms, the term “Content” means all (i) text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, computer code displayed on or available through the Services and the design, structure, selection, coordination, expression and arrangement of such materials including, without limitation, all activities, printable materials, characters, photographs, videos, audio clips, sounds, pictures, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, the “Trademarks”); and (iii) other forms of intellectual property.

    2. Limited License. Subject to your strict compliance with these Terms, any applicable Additional Terms, and your payment of all applicable subscription fees and other charges, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (the “License”) to access, display, view, and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with the Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, reverse engineered, transmitted, broadcast, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is strictly prohibited. All rights not expressly granted by us in these Terms are reserved.

 

  1. Membership Subscription.  

    1. Subscription. To use and fully access the Services, you must register as a member and enter into a subscription agreement for access to our live and on-demand classes, Content, Services and features (a “Subscription”). You must provide complete and accurate registration information to us, complete the Subscription process, and notify us if any of your information changes. If you do not keep your information up to date, we have the right to suspend or terminate your Subscription.  You acknowledge that a Subscription only allows you access to the Services and expressly excludes in-person KidStrong studio membership. Additional information about KidStrong Studio membership and class packs are available on the KidStrong website. 

    2. Adult User; User Responsibilities. Each Subscription must have one designated Adult User who must be at least 18 years of age. It is your responsibility to maintain the confidentiality of your password and your Subscription information. You agree to the following: 

      1. You must provide complete, truthful and accurate registration information and to keep your account information up to date. You are solely responsible for all activities that occur under your Subscription. 

      2. You may not use someone else’s name, location or other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable, as we determine in our sole discretion.

      3. You must notify us immediately of any unauthorized use of your Subscription and/or password. 

      4. You will not sell, transfer, or assign your Subscription or any Subscription rights. We have the right to immediately deactivate the Subscription without notice if we learn than an ineligible User created the Subscription. 

      5. You will not use the Services, the online portal or content in violation of this Agreement or applicable laws. 

      6. You will not use the Services to communicate, post or share information that is patently offensive, vulgar, contains adult content to include nudity, promotes hatred, bullying, bigotry, racism, against any person or a person of a protected class based on race, creed, color or sexual orientation, or offensive subject matter or contains a reference or link to a third party site that may contain such material.

      7. You will not post information, videos, material or links to information that is false or misleading or promotes any illegal or criminal activity to include gambling, drug dealing, child pornography, fraud, stalking, or violating any other user’s privacy or intellectual property or that is abuse is threatening, obscene, defamatory, or libelous or any content that is pirated or otherwise in violation of the owner’s intellectual property rights. 

      8. viii. You will not use the Service to solicit other user’s or subscriber’s information for purposes other than for the Services.

      9. You must comply with all applicable third-party terms of service when using the App.

      10. 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; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

 

  1. Subscription Fees. We will provide information on our then-current Subscription requirements on the KidStrong University site and/or by other means through the Services. Features and prices are subject to change. Without limiting the foregoing, for each Account, we may charge a subscription fee. You must pay all subscription fees in accordance with the payment terms we designate at the time the fee or charge becomes payable. You understand, acknowledge and agree that we do not provide any price protection or refunds for existing subscribers, even in the event of a price drop, promotional offering or discount for new subscribers. If you fail to pay any subscription fees, you will not have access to, or use of, the Services. 

    1. Authorization to Automatically Charge for Services. You must pay the subscription fees, renewal subscription fees, and all other fees due to us by credit card or such other payment method as we may designate (the “Payment Mechanism”) in order to activate and maintain your Subscription. You hereby authorize us to automatically charge you through the Pay Mechanism that you use when registering for a Subscription and/or purchasing an additional subscription. You will be responsible for all charges (including applicable taxes) for any products or services that you order and that are offered for sale through the Services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due under these Terms on our demand and you will be solely responsible for any dispute with your payment provider. If the Pay Mechanism you provide initially is declined for insufficient funds, or for any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We may use a third-party service provider to process payments on our behalf. You acknowledge and agree that if the third party payment processor experiences a data breach that affects your information through no fault of the Company, the Company will in no way be responsible or liable to you for any such breach.

  2. Subscription Renewals. You agree that we may renew your subscription automatically for a renewal term equal to the length of your initial term on the next business day after your previous subscription ends. We will charge the Payment Mechanism each month for the then-current applicable price.

  3. Sale of Products.  We may accept orders for products, equipment, apparel and/or accessories that we may offer through the Services. Availability of products is not and cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time for and for any lawful reason before delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. You acknowledge and agree that we may send an acknowledgment of receipt of your order to the email address you provide. Purchases are subject to our then-current return policy.

  4. Term; Cancellation/Termination of Subscription.  These Terms begin on the date you first use the Services and continue so long as you have a Subscription or account with us and/or continue to use the Services. We may, in our sole discretion, suspend, disable or delete your Subscription or account (or any part thereof) or block or remove any User Content that you submitted for any lawful reason, including if we determine you violated any of these Terms or that your conduct or any User Content would tend to damage our reputation or goodwill. If we delete your Subscription or account, you may not-re-register for or use the Services, including under any other user name or profile. We may block your access to the Services to prevent re-registration. You may cancel your Subscription before the renewal date by contacting our Customer Support Team. While we aim to have customer requests handled within 24-48 hours; we cannot guarantee that your cancellation will be registered within that time period. For all Subscriptions, you will continue to have access to your account for the period of time that has been prepaid. If you are on a free trial and you cancel your Subscription, your access will be cancelled immediately. If you activated a paid Subscription at a discounted or promotional rate, chose to pay in installments and then canceled that account before all of the installments have been paid, the period of time after cancellation that your Subscription will continue to be accessible will be calculated based on the nonpromotional/non-discounted rate then in effect at the time of cancellation. After you cancel your Subscription, we will not charge you any subscription fees after the expiration of the then-current subscription. We do not provide full or partial refunds for prepaid sums. You will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid. 

 

Upon termination of these Terms, all licenses granted will immediately terminate. The Privacy Policy, User Content (Section 7), Indemnification (Section 17), No Warranties (Section 16), Limitation of Liability (Section 18), Safety Warnings (Section 22), Intellectual Property (Section 1), Arbitration and Class Action Waiver (Section 11, 12, 13, 14, 15), Disclaimer of Representations and Warranties (Section 16), Governing Law and Jurisdiction (Section 10) provisions, and other provisions which by their terms or nature survive the expiration or termination of this Agreement, will survive the expiration or termination of these Terms. We are not responsible for any loss of Content or User Content. We reserve the right to make limited content, features, and services available to non-subscribers from time to time. Use of any such content, features and/or services will be governed by these Terms. 

  1. User Content.   We may allow the recording, submission or distribution of artwork, audio, video or other content created by Users (“User Generated Content” or “User Content”) on or through the Services. All rights to User-Generated Content including all intellectual property rights will remain the exclusive property of the User. By recording, submitting, or distributing User-Generate Content on or through the Services, you hereby grant us a limited, nonexclusive, worldwide, fully paid, license to use, store, copy, distribute, display, transmit, publicly perform and sublicense such User-Generated Content (through all media now known or later created), edit, modify and make derivative works from your User Content (including without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You grant all users of Services permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to us about improving or adding new features or products or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestion, feedback, reviews and testimonials for any purpose (including marketing) without notice or compensation to you. Without limiting the foregoing, you consent to the publication of any testimonials you send to us along with your name and other information you submit in connection with such testimonial. 

 

  1. Services and Content Use Restrictions; Terms for Apps.   You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing or transmitting of User-Generated Content that (a) attempts to or does harm to us, the Services or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing or transmitting of User-Generated Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right or other proprietary right; (ii) reverse engineer, disassemble or modify any source or object code or any software or other products, services or processes accessible through the Services, install any software, file or code on the Services that is not authorized by the Company or attempt to do so; (iii) engage in any activity (other than the use of specific features of the Services) that interferes with a user’s access to the Services or the proper operation of the Services; (iv) access or collect information from the Services using automated means (such as through scripts, robot scrapers, or spiders); (v) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content; (vii) use the Services for commercial or political purposes; (viii) disclose, harvest or otherwise collect information, including email addresses or other private information about any third party, including Child Users, without that party (or for Child Users, their parent or legal guardian’s) express consent; or (ix) otherwise violate these Terms, or any Additional Terms, or solicit, encourage or facilitate anyone else to do so. 

 

Subject to your compliance with these Terms, we may grant you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. If granted, you agree that you may not copy the App. You may not: (i) copy, modify or make or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App. 

 

  1. Linking to and From Our Services.

    1. Linking to Our Services. When linking to our Services, you must adhere to the following requirements: (i) the link to the Services must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to the Services must not create the false appearance that you, your website (if applicable) and/or organization (if applicable) is sponsored by, endorsed by, affiliated with, or associated with us; (iii) no one may “frame” the Services or create a browser environment around any of the Content and (iv) you may not link to the Services from a website that is unlawful, abusive, indecent or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to the Services for any reason, in our sole and absolute discretion, in our sole and absolute discretion, even if the linking complies with the requirements described above. 

    2. Links to Other Services and Third Parties. Any interactions, transactions and other dealings that you have with any third parties found on or through the Services (including those that are linked to or from the Services) are solely between you and the third party (including issues related to payments, delivery of goods and warranties) and we disclaim any and all liability in connection therewith. Without limiting the foregoing, we are not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods, or services available on or through any third party site(s).

  2. Governing Law/Jurisdiction. These Terms, the Privacy Policy, any additional terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law principles. 

  3. DISPUTE RESOLUTION; ARBITRATION REQUIREMENT; CLASS ACTION WAIVER.  IMPORTANT: PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. 

    1. If any controversy, allegation or claim arises out of or relates to the Services, these Terms, and/or any Additional Terms (each a “Dispute” and collectively “Disputes”), you and we agree to the following resolution process with respect to the Dispute. You and we first agree to discuss the Dispute informally for at least 30 days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include: (1) a description of the Dispute and (2) a proposed resolution (together, the “Dispute Notice”). If you want to raise a Dispute, you must send your Dispute Notice by certified mail to 5 Cowboys Way, Suite 300, Frisco, Texas 75034 and address the Dispute to Attention: Compliance Department. If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using the contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address that we have on file for you. If we do not have a valid email address on file for you, we will send our Dispute Notice to you through a means that complies with the service of process rules in the state of Texas. 

    2. If you and the Company do not reach an agreed-upon resolution within 30 days of receipt of the Dispute Notice, you and the Company agree that the Dispute will be resolved SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING.  The arbitration will be conducted in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be heard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. In resolving the Dispute, the arbitrator will consider applicable law, the provisions of these Terms and any Additional Terms, and any facts based upon the record and no other basis and will issue a reasoned decision. If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration”, then either party can elect to have the arbitration administered by Judicial Arbitration and Mediation Services, Inc. (JAMS), and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’s streamlined arbitration rules and procedures, or by any other arbitration administration service to which you and we consent. You can obtain AAA and JAMS procedures, rules and fee information as follows: AAA 800.778.7879 http://adr.org ; JAMS 800.352.5267 http://www.jamsadr.com 

  4. Nature Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator will resolve the submitted Dispute and can issue a decision consistent with this Section. However, with arbitration, there is no judge or jury. YOU AND WE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. The arbitration proceedings and arbitration are subject to certain confidentiality rules; and judicial review of the arbitration outcome is limited. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the US Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if applicable arbitration rules or laws require us to pay a greater portion of all of such fees and costs in order for this Section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute , and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered into any court that has jurisdiction over the parties.

    1. Small claim Matters are Excluded. Either of us may bring a qualifying claim of Disputes in small claims court, if the claim qualifies as a small claim.

  5. Class Action Waiver.  YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. If the Dispute is resolved through arbitration, the arbitrator may not consolidate any other person or entity’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this provision is found to be unenforceable, then the entirety of Section 11(b) will be deemed null and void.

  6. Injunctive Relief. Notwithstanding anything contained herein to the contrary, the foregoing arbitration and dispute resolution provisions of this Section will not apply to any legal action taken by either party to seek an injunction or other equitable relief in conjunction with any intellectual property claim or claim related to unauthorized access to data through the Services (including, but not limited to, claims related to patent, copyright, trademark and trade secrets, and claims relating to the access or retrieval of data through the Services using an automated process such as scraping).

  7. Timing of Claim. To help resolve any issued between you and us promptly and directly, you and the Company agree that any Dispute Notice must be sent or that any small claims or injunctive relief complaint permitted under these Terms must be filed, within one year after the events giving rise to the Dispute arise; otherwise the Dispute is forever waived. 

  8. Disclaimer of Representations & Warranties.  YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent company, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors and assigns (collectively, the “Company Parties”), hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements or promises, express or implied, as to any of the following: (i) the Services (including the Content and the User-Generated Content) and/or the Apps; (ii) the functions, features, or any other elements on, or made accessible through, the Services; (iii) any products, services, instructions offered or referenced at or linked through the Services; (iv) whether the Services (and their Content) or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device); (v) the specific availability of the Services and whether any defects in the Services will be repaired or will be repaired in a particular time frame; and (vi) whether your use of the Services is lawful in any particular jurisdiction. 

EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL ELEMENTS. 

 

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILTY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICES, AND NO WARRANTIES WILL APPLY AFTER SUCH 30 DAY PERIOD.

 

  1. Indemnity. To the maximum extent allowed by law, you agree to indemnify , defend and hold harmless the Company Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of or relate to: (a) your breach or alleged breach of these Terms; (b) your use of the Services, the Apps, or activities in connection with the Services and/or the Apps; (c) your User-Generated Content; (d) your violation of any law, rule or regulation; or (e) your violation of any third-party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any Child User you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify and hold Company Parties harmless for any damages that Company Parties suffer by the Child User’s disaffirmance.

  2. Limitation of Liability. To the fullest extent permitted by law: (i) we are not and will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Services or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) our total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to us over the 12 months preceding the date your first claim(s) arose. If you live in  a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent any of the above limitations does not apply, all remaining aspects survive. The exclusions and limitations of damages above are fundamental elements and the basis of the bargain between the Company and you.

  3. Infringement Policy and Reporting Procedure. In accordance with the Digital Millennium Copyright Act of 1998 (the DMCA) our designated agent to receive notices of copyright infringement is  5 Cowboys Way, Suite 300, Frisco, Texas 75034 and address the Dispute to Attention: Compliance Department. If you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information as required by the DMCA: (i) a physical or electric signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material ; (iv) information reasonably sufficient to permit us to contact the complaining party ; (v) a statement that complaining party (name, address, telephone number and email address) 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; and (vi) 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 DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.

  4. Wireless Features. The Services may offer certain features and services that are available to you via your wireless Internet Device (collectively, “Wireless Features”). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepared balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Devices regarding us or other parties, including via text, sms, and email. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account to reflect the changes.

  5. Submission of Feedback. Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services. If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation, or consideration or any type for any such feedback or ideas; and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.

  6. Safety Warnings. THE SERVICES INCLUDE HEALTH AND FITNESS INFORMATION AND ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU ARE STRONGLY ENCOURAGED TO, AND SHOULD, CONSULT WITH YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE ENGAGING IN ANY FITNESS ACTIVITY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. CONSUT WITH A PHYSICIAN, GENERAL PRACTITIONER OR HEALTH-CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH. THE USE OF THE SERVICES AND ANY INFORMATION COMMUNICATED TO YOU THROUGH YOUR USE OF THE SERVICES IS ENTIRELY AND SOLELY AT YOUR OWN RISK AND IS NOT, AND WILL NOT BE CONSIDERED, MEDICAL ADVICE OR HEALTHCARE ADVICE.

  7. General Provisions.

    1. Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts or User Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms or any Additional Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.

    2. Communications. When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    3. Operation of Services; International Issues. We control and operate the Services from our headquarters in Frisco, Texas. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (for example, any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.

    4. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us because we drafted them.

    5. Assignment. We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms, may not be assigned by you, and you may not delegate your duties under them.

    6. No Waiver. No waiver by us of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of KidStrong, Inc..

    7. Updates to Terms. We reserve the right to modify these Terms or any Additional Terms, from time to time in our sole discretion (“Updated Terms”). You agree that any Updated Terms will be effective immediately upon our posting them on the Services and, if you have an Account, either by displaying an alert next to the link to the Terms, displaying an alert upon log in to the Services, or by directly communicating them to you (i.e. via the email address associated with your Account), provided that (i) any modification to Section 11 related to dispute resolution shall not apply to any Dispute initialed prior to the acceptable modification, (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification. If you do not cancel your Subscription to the Services within seven days after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and to be bound by, the Updated Terms.

    8. Entire Agreement. These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced in these Terms that are posted to the KidStrong Site from time to time:​​

    9. Privacy Policy

If there is a conflict between any policies posted on the Services and these Terms, these Terms will control. These Terms represent the entire understanding between us and you regarding the Services or Content and supersede all prior agreements and understandings regarding the same. 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 these Terms will remain in full force and effect.

 

Contact Us. Questions regarding the Terms and issues related to the Services or your Account should be directed to us via any of the following methods:

 

KIDSTRONG, INC.

5 Cowboys Way, Suite 300

Frisco, Texas 75034

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*KidStrong does not provide medical services, we do not accept insurance, and we can't guarantee that your child will learn how to fly

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