Last Updated: August 31, 2020
Table of Contents
- Website Content and Premium Services.
- Proprietary Rights.
- Vendor Provided Content.
- Third Party Content and Linked Sites.
- Limited License.
- Restrictions of Use.
- Copyright Notices/Complaints.
- User Accounts.
- Subscription Terms, Fees and Payments; Automatic Renewal and Cancellation.
- Additional Terms.
- Entire Agreement.
- Equipment and Internet Access.
- No Oral Agreements or Modifications.
- Dispute Resolution.
- Governing Law, Jurisdiction and Venue.
- Recovery of Fees.
- Limitations of Liability.
- Disclaimers of Warranty.
- Contact Information.
- Electronic Communications.
Users under the age of eighteen (18) (a “Young User”) are expressly prohibited from using the Kids Need Both Website Services, as defined in Section 2 below. Young Users who would like to participate in any of the Websites must have their parent or legal guardian (a “Parent Registered User”) register to use the Websites, using the Parent Registered User’s name, email, and credit card information, and consent to and upload the Young User’s information to the Websites. Parent Registered Users are responsible for directly engaging with all Services on the Websites, including but not limited to submitting applications and messaging other users, updating the settings of and terminating their account and thereby use of the Websites on behalf of the applicable Young User.
If you are a Parent Registered User, you also agree that you are responsible for using and monitoring the account on behalf of your Young User.
As an international platform, various countries have laws about consent and information that is collected, where we comply with most restrictive laws, such as The California Consumer Privacy Act of 2018 (CCPA) and the General Data Protection Regulation (EU GDPR). If a parent or guardian believes that any Website has collected information of a child under the age of thirteen (13), or under the age of sixteen (18) if they reside in a country within the restrictive regions, without proper consent, please contact Kids Need Both at legal@KidsNeedBoth.org.
2. Website Content and Premium Services.
The Websites contain content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, “Content”) that is accessible by Users. The Websites may also offer other interactive areas for Users to communicate with each other, and the information therein is also considered Content. The creation of a user account may be required for the use of certain portions of the Websites. In addition, certain contents and services of the Websites, such as premium communication and messaging functionality and certain digital and print content, may only be accessed through purchase or paid subscription. We refer to the services available on or through the Websites, including the premium communication and messaging functionality, and digital/print content subscription services collectively known as the “Services.” Some services are only available to Users through purchase or paid subscription, collectively known as the “Premium Services.” All Content, available with or without payment or subscription, may include facts, views, opinions and recommendations of or concerning individuals, organizations, or projects not affiliated with KNB. KNB does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations, however we do make a concerted effort to validate and verify the vendors.
Any endorsements and sponsorships made through KNB will be explicitly communicated as such. If not otherwise communicated it should be assumed there is no affiliation. Their products, content and services do not necessarily reflect the views of KNB.
The Websites provide an online venue for Users to interact and communicate with vendors. Any agreement or transaction that arises from these interactions or communications does not involve Kids Need Both, and Kids Need Both is not a party to any agreement between Users. Kids Need Both is not an employer with respect to any opportunity advertised on the Websites, and Kids Need Both is not responsible for any employment, hiring, or salary decisions made by you or anyone else using the Websites.
In some situations KNB processes payment for vendors on our platform. Only in this situation will KNB work with you and our merchant services provider to secure a refund if it is deemed necessary. Refunds are at our discretion and we always work in mediation between the parties to resolve conflicts equitably and fairly.
3. Proprietary Rights.
Kids Need Both owns, operates, licenses, controls, and provides access to the Websites. You acknowledge and agree that Kids Need Both, and its licensors, retain all rights, titles and interest in and to all past, present and future Content, excluding Vendor Provided Content (as defined below), applications, software, content and materials provided on or through the Websites (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Websites, the compilation of all content and materials on the Websites, and the business process, procedures, methods and techniques used in the Websites) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
Kids Need Both, the Kids Need Both logo, KNB, the KNB logo, are the registered or common law or trademarks of Kids Need Both, Inc, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Websites are the property of Kids Need Both, Inc, unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. Kids Need Both’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Kids Need Both. All rights are expressly reserved.
4. Vendor Provided Content.
Portions of the Websites may allow you and other Users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Websites (“Vendor Provided Content”). For example, the Websites may offer forums, courses, media, bulletin boards, wikis, chat rooms, blogs or other interactive areas. For Vendor Provided Content, Kids Need Both is merely hosting and providing access.
The decision to submit Vendor Provided Content to the Websites is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. By submitting Vendor Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (b) that the Vendor Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the Vendor Provided Content that would be infringed upon as a result of uploading the Vendor Provided Content. If you submit Vendor Provided Content to the Websites on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Kids Need Both, you agree to furnish Kids Need Both with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for Vendor Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Vendor Provided Content on KNB platform
KNB holds no responsibility for any infringement of IP that you as a user or vendor may infringe upon. However, we will participate in mediation to resolve any conflicts that ensue.
Kids Need Both cannot vouch for the validity, accuracy or credibility of any Vendor or user Provided Content, and does not take any responsibility or assume any liability for any actions Vendors may take as a result of viewing, reading or listening to Vendor Provided Content on the Websites. Through your use of the Websites you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. Kids Need Both does not endorse any Vendor Provided Content or any opinion, recommendation, or advice expressed therein. By using the Websites, you assume all associated risks, and Kids Need Both expressly disclaims any and all liability in connection with Vendor Provided Content.
In addition, you grant to Kids Need Both, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any Vendor or User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that Kids Need Both may publish or otherwise disclose your name in connection with your Vendor or User Provided Content.
5. Third Party Content and Linked Sites.
Third parties, including Vendors, provide some of the Content of the Websites. Kids Need Both makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer opportunities, goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. Kids Need Both will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Kids Need Both makes no warranty concerning, is not responsible for and does not endorse any third party provided opportunities, goods, services or other materials, and you agree that any recourse for dissatisfaction or problems with those opportunities, goods, services or other materials will be sought from the third party provider and not from Kids Need Both.
Descriptions of, or references to opportunities, products, services, materials or publications within the Websites do not imply endorsement by Kids Need Both of that opportunity, product, service, material or publication unless explicitly noted. The Websites may include links to other sites that are not maintained by Kids Need Both. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Kids Need Both is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. Kids Need Both shall have no liability for any loss or damage arising from your use of any such sites.
6. Vendor Endorsements
KNB may endorse and market service providers, products and vendors at its discretion. Should you as a user conduct business with one of these endorsed opportunities we assume no liability for your relationship and you will have to take your grievances up with that entity.
We will always strive our best to vet anyone we do endorse and we may remove our endorsement upon any breaches of trust.
7. Limited License.
- View and listen to the Content contained on the Websites;
- Create profile pages on the Websites for non-commercial and private use;
- Participate in the Websites’ community areas and communicate with other Users; and
- Download the Vendor provided Content contained on the Websites onto a computer or other personal electronic device for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.
In addition to the foregoing, you may not use the Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by Kids Need Both, you agree not to re-transmit, disclose or distribute any Content to any other person, organization or entity. You expressly agree that the Services and Content shall be used solely for your own benefit and that the Content (including print publications, if applicable) shall not be redistributed or republished by you. You understand and agree that the features of the Services are subject to change without notice to you.
- Create, upload and provide education materials as Content on the Websites;
- Create profile pages on the Websites for educational purposes
- Participate in the Websites’ community areas and communicate with other Vendors and Users; and
- Provide downloadable Content contained on the Websites for user on a computer or other personal electronic device for Users educational experience.
ADD VENDOR TERMS HERE:
Vendors agree to provide content for use as determined above in the user section. They will protect any and all user privacy as outlined in the users section and privacy agreement so long as communication is conducted within a KNB website. The vendor will hold us harmless if a user will plagiarize and misuse the content. The vendor will have to settle any such grievances with the user.
8. Restrictions on Use.
The Websites is provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:
- alter any trademark, copyright and other proprietary or legal notices contained in the Websites; or
- manipulate the Websites in any way not intended and directed by Kids Need Both; or
- copy or seek to copy or “rip” any audio, video or audiovisual content from the Websites; or
- exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of Kids Need Both, including, for example, inserting your own or a third party’s advertising, branding or promotional content into the Websites’ contents, materials or services; or
- upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
- any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in Kids Need Both’s sole discretion is otherwise objectionable; or
- information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
- material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Websites or interferes with, overburdens, impairs or disrupts the Websites, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
- any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
- use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
- impersonate another person or entity; or
- engage in any conduct that in Kids Need Both’s sole discretion restricts the ability of any other person to enjoy the use of the Websites; or
- solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
9. Copyright Notices and Celebrity Material Infringement.
- Copyright Notices/Complaints
Kids Need Both takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our Copyright Agent (Legal@kidsneedboth.org). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Kids Need Both, Inc
Attn: Copyright Compliance Department
Kids Need Both, Inc
P.O. Box 2022, Lakeland Florida 33806
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Websites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Websites may be found) and that you will accept service from the person (or an agent of that person) who provided the Websites with the complaint at issue.
Completed Counter-Notices should be sent to:
Kids Need Both, Inc
Attn: Copyright Compliance Department
Kids Need Both, Inc
P.O. Box 2022, Lakeland Florida 33806
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- Right of Publicity.
Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Websites and you don’t have the celebrity’s permission. Kids Need Both reserves the right to remove any Content contained in or posted to the Websites that Kids Need Both determines in its sole discretion does or may allegedly infringe another person’s copyright, trademark, celebrity material or other rights.
Notices to Kids Need Both regarding any alleged infringement on the Websites should be directed to Kids Need Both’s General Counsel’s Office at legal@KidsNeedBoth.org, 863-420-5437.
10. User Accounts.
You understand that you may not: (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that Kids Need Both, in its sole discretion, deems inappropriate. You agree that any information that you provide to the Websites, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Websites, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Websites (including the Premium Services) using your name, user name or password in whole or in part.
Each User name permits one person to access the password-protected portion of the Websites (including the Premium Services), and you shall not share the user name and password with any third party. You shall be solely responsible for any and all use of the Websites, including without limitation, any and all charges incurred by a third party, under or using your user name and password. If at any time you should learn or suspect that your password has been compromised you can update your password through the “forgot password?” button on the sign in form.
11. Subscription Terms, Fees and Payments; Automatic Renewal and Cancellation.
Kids Need Both offers subscriptions of various terms and length on Kids Need Both websites to Premium Services. The length of the subscription period is selected by you during the enrollment process. The frequency of print subscriptions may change at any time without notice.
- All Subscriptions are Automatically Renewing.
When you initially subscribe to the Premium Services, your credit or debit card will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription period. When you initially subscribe to a free trial of the Premium Services, you will be not charged for the initial term of the free trial. Unless you notify Kids Need Both of your decision to terminate your subscription or, as applicable, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee.
You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date, which will be your corresponding anniversary of the activation date of subscription. If, however, the activation date of your subscription (or, as applicable, your free trial) is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Billing Date applies to the subscription period immediately following the Billing Date (e.g., a charge for a monthly subscription applies to the month immediately following the Billing Date). You understand that any applicable sales or use taxes will be payable by you, and may be included in each periodic statement.
Kids Need Both may, in its sole discretion, suspend access to your account or deactivate your account without notice to you if Kids Need Both is unable to process your payment or if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on KidsNeedBoth.org.
BY COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PREMIUM SERVICES:
- YOUR SUBSCRIPTION TO THE PREMIUM SERVICES WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD AND CONTINUE FOR ANOTHER SUBSCRIPTION PERIOD;
- YOU WILL AUTOMATICALLY BE BILLED AT THE START OF EACH NEW SUBSCRIPTION PERIOD; AND
- THAT PERIODIC CHARGES FOR EACH NEW SUBSCRIPTION PERIOD WILL BE AUTOMATICALLY BILLED TO YOUR DESIGNATED BILLING PAYMENT METHOD.
- Opting Out Of Renewal.
YOU MAY TERMINATE ENROLLMENT IN AUTOMATIC RENEWAL AT ANY TIME BY CONTACTING KIDS NEED ONLINE BY EMAILING Service@KIDSNEEDBOTH.ORG. YOUR SUBSCRIPTION TO THE PREMIUM SERVICES SHALL BE DEEMED TERMINATED ON THE LAST DAY OF THE THEN IN EFFECT SUBSCRIPTION PERIOD, UNLESS PROVIDED WITHIN TEN DAYS OF AN AUTORENEWAL. YOU AGREE THAT EXCEPT AS PROVIDED HEREIN, THE SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID.
- Unauthorized Charges.
YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT KIDS NEED BOTH, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
- Billing Discrepancies.
Unless you notify Kids Need Both of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release Kids Need Both from all liabilities and claims of loss resulting from any such error or discrepancy.
- Fees Subject to Change.
Kids Need Both may change the fees and charges then in effect by giving you notice in advance or by posting the changed fees online at https://www.kidsneedboth.org/accounts/subscribe. It is your responsibility to check the current fees. All fees and charges incurred in connection with your username(s) and password(s) will be billed to the credit or debit card you designate during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card validity or expiration date, you must email Customer Service at email@example.com or update your information through your account settings on KidsNeedBoth.org.
- Cancellations and Refunds.
You may cancel a free trial at any time during the free trial period and incur no charge. After the free trial is complete, you will be charged at the rate and schedule selected when you enrolled in the trial. Monthly subscriptions are not eligible for a refund, but can be cancelled to prevent additional future charges. For all initial purchases of subscriptions longer than one month, you may cancel prior to renewal to prevent future renewal charges; or cancel during the first ten (10) days after renewal to remain eligible for a full refund on the renewal payment. If your subscription begins with a free trial and converts into an annual subscription, the ten day refund period begins once the free trial ends. If the cancellation occurs after the first ten days or if the charge was for a monthly subscription, you will not receive a refund. For all renewals of subscriptions longer than one month, you may cancel within ten days of the renewal date and receive a full refund; cancellations made after this period are not eligible for a refund. Monthly subscriptions (both initial subscriptions and renewals) may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Websites until your subscription expires. Cancellations may be made by filing a customer support ticket at www.kidsneedboth.org/contact, or by emailing service@KidsNeedBoth.org. Your cancellation must be received by 11:59 p.m. Eastern Time on the appropriate day as described above, or earlier. All refunds will be given to the original credit or debit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
We will remove your listing information, including your photograph, from the Websites within ten days of your request made by filing a customer support ticket at www.kidsneedboth.org/contact, or by emailing Service@KidsNeedBoth.org, or by receipt of a written request mailed to us at the address set forth in Section 22 below.
12. Additional Terms.
13. Entire Agreement
14. Equipment and Internet Access.
You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Websites. You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Websites through an Internet access provider or other third-party service, including any applicable taxes.
15. No Oral Agreements or Modifications.
16. Dispute Resolution.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
If a dispute arises between you and Kids Need Both, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly.
- Binding Arbitration.
- Arbitration Procedures.
- Arbitration Fees.
All administrative fees and expenses of arbitration will be divided equally between you and us, except that for claims of less than $500, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
The arbitration will take place in Polk County, Florida USA if you so notify Kids Need Both in your notice of arbitration or within five (5) days following receipt of Kids Need Both’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Polk County, Florida USA, unless the parties agree to video, phone or Internet connection appearances.
- Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND KIDS NEED BOTH AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE CLAIM BETWEEN KIDS NEED BOTH AND YOU INDIVIDUALLY. YOU AND KIDS NEED BOTH AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
- Exceptions to Negotiations and Arbitration.
You and Kids Need Both agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Kids Need Both’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.
You and Kids Need Both agree that if any portion of this Agreement is found illegal or unenforceable, that portion will be severed and the remainder of this agreement will be given full force and effect. If for any reason the Agreement is deemed inapplicable or invalid, you and Kids Need Both both agree (i) that all Claims will be exclusively decided by the courts in Polk County, Florida or in the United States District Court, and you and Kids Need Both agree to submit to the personal jurisdiction of those courts, and (ii) that you and Kids Need Both both waive with the exception of cybercrime, theft and fraud, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. By using the Websites, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.
Cybercrime – criminal activities carried out by means of computers or the internet.
Fraud – the wrongful deception intended to result in financial or personal gain.
Theft – The action or crime of stealing.
17. Governing Law, Jurisdiction and Venue.
18. Recovery of Fees.
19. Limitation of Liability.
- Incidental Damages and Aggregate Liability.
In no event will Kids Need Both or any of ITS AFFILIATES be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Websites, including without limitation damages related to any information received from the Websites, removal of content from the Websites, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Websites, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Kids Need Both, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL KIDS NEED BOTH’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR, IF YOU HAVE NOT PAID KIDS NEED BOTH FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
- No Liability for non-Kids Need Both Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIDS NEED BOTH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
21. Disclaimers of Warranty.
THE WEBSITES (INCLUDING THE PREMIUM SERVICES) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KIDS NEED BOTH, AND EACH OF ITS AFFILIATES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF KIDS NEED BOTH. KIDS NEED BOTH MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (V) THE WEBSITES, NETWORKS OR SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF KIDS NEED BOTH’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. KIDS NEED BOTH IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES (INCLUDING THE PREMIUM SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITES.
22. Contact Information.
Kids Need Both, Inc
Attn: General Counsel’s Office
Kids Need Both, Inc
P.O. Box 2022, Lakeland, Florida 33806
23. Electronic Communications
You consent to receive communications from Kids Need Both electronically. We will communicate with you by email or by posting notices on the Websites. 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.” Notice will be deemed given 24 hours after it is posted on any of the Websites or sent via email. Alternatively, Kids Need Both may still decide to provide notice by certified mail to the address provided in a User’s payment information.