PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION AND/ OR USING ANY PART OF THE KIDCROSSING.COM WEBSITE (“THE SITE”). IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT BY CLICKING ON THE “I AGREE” BUTTON, YOU MAY NOT USE THIS SITE.
This agreement is between KidCrossing.com (“we”, “us,” or “our”) and you, and governs your use of the Site, including without limitation all information, content, design, text, graphics, and interfaces on the Site, and all products and services offered on or through the Site (“Content”).
We are in the process of improving this Site and Contents for us in communication and family organization for you and others throughout the United States and other countries.
By clicking the “I Agree” button you agree to the terms and conditions contained in this Agreement.
Subject to the terms of this Agreement, we hereby grant, and you hereby accept, a limited, nonexclusive, non-transferable license to use the Site and the Content. You agree that you will not copy, modify, alter, revise, paraphrase, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease, or otherwise transfer or distribute the Site or the Content, or any portion thereof, or you hereby accept, a limited, nonexclusive, non-transferable license to use the Site and the Content. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other license provisions contained on the Site or in any Content. All information you provide to us through the Site must be current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the Site.
Your use of the Site is subject to your payment of a subscription fee. You may elect to pay a one year subscription fee of $99.00. We will charge your credit card for the subscription fee immediately. Upon expiration of your subscription, you will receive two (2) grace logins to allow access pending your renewal. Thereafter, a renewal payment is required before further access to the site is granted.
The Site consists of copyrighted works proprietary to us or to third parties who have provided us with content. You may download and print copies of the Content solely for your personal, noncommercial use. Any material you download or print (excluding information provided by you) may not be altered in any way, and must respect all copyright and proprietary rights and notices wherever contained in the Content. ANY UNAUTHORIZED OR UNAPPROVED USE OF THE SITE OR THE CONTENT CONSTITUTES COPYRIGHT INFRINGMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER PATENT, COPYRIGHT AND OTHER APPLICABLE LAWS AND REGULATIONS.
A password is required to access and use the Site. You are solely responsible for (1) maintaining the strict confidentiality of the password assigned to you, (2) instructing any individual to whom you disclose your password not to allow another person to use your password to access the Site without your express permission. You agree to immediately notify us of any unauthorized use of your password. You will be liable for any use of the Site through your password. Additionally, you are liable for any unauthorized use of the Site until you notify us of any security breach.
You agree to reasonably cooperate with us in providing any comments and other feedback with respect to use of the Site, Content or any component thereof.
The Site enables you to transmit, store, and receive confidential personal information regarding you, your family or other persons. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information. You further represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information you transmit, store, or receive in connection with the Site. You agree that we, our licensors, and all other persons or entities involved in the operation of the Site, have the right to monitor, retrieve, store, and use confidential personal information in connection with the operation of the Site, and that we are acting on your behalf in transmitting confidential personal information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information on your behalf and as may be required or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSBILTY FOR YOUR USE OR MISUSE OF CONFIDENTIAL PERSONAL INFORMATION. All information entered into our site by you will be your responsibility to keep confidential with the use of your own password and controlling who you allow access to your webpage.
UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR PROVIDERS BE RESPONSILBE OR LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR REALTE IN ANY MANNER WHATSOEVER TO (1) USE OF THE SITE OR ANY SERVICES OFFERED THEREON, (2) RELIANCE ON THE CONTENT BY YOU OR ANYONE USING YOUR PASSWORD, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRTY PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILTY SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATLEY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED WHICH GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US WHICH CONSIDERS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.
You agree to defend, indemnify and hold us harmless from any claims, losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees; and other costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of the Agreement, (2) use of the Site and any services offered thereon by you or any other person using your password, and (3) the unauthorized or unlawful use of the Site by you or any other person using your password.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and/ or your right to use the Site at any time, with or without cause. Paragraphs A, F, G, H, I AND J of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. We reserve the right to discontinue or make changes to the Site at any time.
This Agreement contains the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communication relating thereto. We reserve the right to make changes to this Agreement at any time without advance notice. We agree to put any amended forms of this Agreement on the Site. You must read and assent to the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement.