KidRex Legal Disclamer

January 5, 2014
 

KidRex.org ("KidRex") is not sponsored or endorsed by, or otherwise affiliated with, Google Inc.

KidRex makes no representations or warranties about the content, content filtering, accuracy, timeliness, reliability, suitability or any other aspect of this Site or any content on or accessed through this Site for any purpose, all of which is provided “as is” and “as available” without any warranty of any kind, including but not limited to, any warranties of search result advertisments and third party website content. You assume total responsibility and risk for your use of the Site.

KidRex.org ("KidRex") is a website subject to your compliance with the terms and conditions set out below. Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. We may modify this disclaimer at any time. You agree to review the disclaimer periodically to be aware of such modifications and your continued access or use of the Site is deemed your conclusive acceptance of the modified disclaimer.

1. Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. KidRex may change, suspend, or discontinue any aspect of the Site at any time. KidRex may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

2. Violation of Terms of Service
You understand and agree that in KidRex’s sole discretion, and without prior notice, KidRex may terminate your access to the Site/KidRex Pro, or exercise any other remedy available and remove any unauthorized user information, if KidRex believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of KidRex, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to KidRex for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. KidRex may release user information about you if required by law or subpoena.

3. Accounts
During the registration process you will be provided a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of KidRex’s, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security. Please notify [email protected] of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that during the registration process: (i) you agree to receive KidRex account information, membership updates, product updates, receipts and promotions via e-mail. KidRex does not share or sell any personal information with third parties.

4. License Granted by You
By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

5. No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain KidRex’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. KidRex will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

6. Links and Search Results
The Site contains links to sites operated by third parties throughout the World Wide Web. KidRex has no control over these sites or the content within them. KidRex does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. KidRex does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against KidRex for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at [email protected].
Intellectual Property

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by KidRex or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. KidRex, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by KidRex. The use or misuse of any of these materials is strictly prohibited.

7. Representations By You
By visiting the Site, you represent, warrant and covenant that: (a) you are at least 18 years old; (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights, (c) that, you consent to your child’s use of the KidRex Site.

8. Use of KidRex
The Site and its content are made available COMPLETELY "AS IS". You, the user, are responsible for compliance with all applicable laws and regulations. KidRex and its affiliates, partners, principals, employees, agents and representatives (collectively, its “Representatives”) make no representations or warranties about the content, content filtering, accuracy, timeliness, reliability, suitability or any other aspect of this Site or any content on or accessed through this Site for any purpose, all of which is provided “as is” and “as available” without any warranty of any kind, including but not limited to, any warranties of search result advertisments and third party website content. You assume total responsibility and risk for your use of the Site.

In making this Site available, no client, advisory, fiduciary or professional relationship is implicated or established between you and Us. You should not act or rely on the information contained in any of the materials on this Site without seeking the advice of a qualified professional.

9. Limitation of Liability
Links and advertisments on this Site may lead to servers maintained by individuals or organizations other than us. We make no representations or warranties regarding the accuracy, timeliness, suitability or any other aspect of the information located on such servers and neither monitors nor endorses such servers or content. We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or their content directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions from those Sites, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site. IN NO EVENT SHALL We OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF We OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL KIDREX'S LIABILITY IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS.

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER KidRex, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY

10. Indemnification
UNDER NO CIRCUMSTANCES SHALL KidRex, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification

You agree to defend, indemnify, and hold KidRex, and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Refund and Cancellation Policy

When and if applicable, you will pay all fees or charges to your account based on KidRex’s fees, charges, and billing terms in effect as shown under Subscriptions in your PayPal account. You are responsible for paying any taxes that may apply. If you do not pay on time or if KidRex cannot charge your credit card, PayPal or other payment method for any reason, KidRex reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. If you cancel your account at any time, you will not receive any refund. By using the Site and/or the Services, you consent to receiving electronic communications from KidRex. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with KidRex. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

11. International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. KidRex makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
Choice of Law

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability

This Terms of Use constitutes the entire agreement between KidRex and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

12. Changes to KidRex's Legal Disclaimer
Please note that this Legal Disclaimer may change from time to time. We expect most such changes will be minor. We will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice. Each version of this Policy will be identified at the top of the page by its effective date.

13. Headers
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.

14. More information
If you have additional questions regarding this legal disclamer and KidRex, please contact us. Please note that we will not respond to inquiries not related to KidRex's Legal Disclamer.