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    Terms of Use

    Last Updated October 30, 2019

    Welcome to KiddoWiz, the website and digital platform of KiddoWiz, Inc dba KiddoWiz ("Company," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, website, https://kiddowiz.com/ (the "Site") and software provided on or in connection with the service (collectively the "Services" or "Platform").

    By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this User Agreement ("Agreement"), to the collection and use of your information as set forth in the KiddoWiz Privacy Policy, and, if you are a Service Provider (as defined in the Service Provider Agreement), whether or not you are a registered user of our Service. KiddoWiz reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.

    This Agreement applies to all visitors, users, and others who access the Service, including Service Providers (each a "User").

    1. Use of Our Service

    KiddoWiz provides a simple, easy-to-use digital platform for parents and Service Providers to connect in order to provide adults and children with high-quality classes, camps, programs, events, and other activities.

    Acceptance

    By using (or even just browsing) our Site or uploading data or information to KiddoWiz ("Content"), you’re agreeing to the Terms and our associated Privacy Policy. If you don’t agree with the Terms, please refrain from using our Platform.

    Eligibility

    We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use KiddoWiz. If you are under 18 years old and would like to use KiddoWiz, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

    By using KiddoWiz, you represent and warrant that you meet all eligibility requirements outlined in these Terms. We reserve the right to refuse to let certain people access or use KiddoWiz and the right to change our eligibility criteria.

    You can only use KiddoWiz to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

    Account Creation and Activation

    Your KiddoWiz account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, including Service Providers. If you open a KiddoWiz account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement (and, if you are a Service Provider, the Service Provider Agreement).

    To sign up for the Services, you must register for an account on the Services (an "Account"). You can open a KiddoWiz account on your own.

    Account Rules and Management

    When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account.

    You shall not:

    (i) select or use as a username a name of another person with the intent to impersonate that person;

    (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or

    (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.

    You may control your User profile and how you interact with the Services by changing the settings in your Profile page. By providing KiddoWiz your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Any service providers you have enrolled with through KiddoWiz may also email you regarding the activity or special offers. We may also use your email address to send you other messages, such as announcements, changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

    Service Rules

    You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) unless permitted via a "robots.txt" file or similar mechanism, using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Service in a manner that sends more request messages to the KiddoWiz servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

    We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement (or, if you are a Service Provider, the Service Provider Agreement), or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement (and, if you are a Service Provider, the Service Provider Agreement).

    You are solely responsible for your interactions with other KiddoWiz Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. KiddoWiz shall have no liability for your interactions with other Users, or for any User’s action or inaction.

    2. Content

    Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

    User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. We claim no ownership rights over User Content created by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

    You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.

    You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. KiddoWiz reserves the right, but is not obligated, to reject and/or remove any User Content that KiddoWiz believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

    For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

    Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

    Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

    License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

    Availability of Content. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement (and, if you are a Service Provider, the Service Provider Agreement). KiddoWiz has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

    We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

    Third Party Services

    The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

    Payments and Billing

    Paid Services. Certain of our Services may be subject to payments now (the "Paid Services"). Please note that any payment terms presented to you in the process of booking a Paid Service are deemed part of this Agreement.

    Billing. We use third-party payment processors (individually a "Payment Processor", collectively the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

    Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

    Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT MANAGEMENT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

    Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

    Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

    Termination

    We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    Warranty and Limitations of Liability

    You understand and agree that we have no control over, and no duty to take any action regarding: What Providers you access via our Platform; What Activities you register for or try to register for; or What actions you may take as a result of your exposure to or use of KiddoWiz; or What may occur during your participation in any Activities booked through KiddoWiz.

    You release us from all liability related to your use of KiddoWiz, including any liability resulting from Activities, any content posted on your KiddoWiz account, or any Providers you interact with. We make no representations concerning any content contained in or accessed through our Platform and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through KiddoWiz by our users or Providers.

    Warranties

    YOU UNDERSTAND AND AGREE THAT USING KIDDOWIZ IS AT YOUR SOLE RISK AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO KIDDOWIZ, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PUBLISHED ON KIDDOWIZ, INCLUDING ANY INFORMATION OR MATERIALS RELATED TO ACTIVITIES OR PROVIDERS OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.

    WE DO NOT AND OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “KIDDOWIZ PARTIES”) DO NOT WARRANT THAT KIDDOWIZ WILL BE ERROR-FREE OR THAT DEFECTS WITH KIDDOWIZ WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON KIDDOWIZ IS AT YOUR OWN RISK. THE KIDDOWIZ PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A PROVIDER OR THIRD PARTY THROUGH KIDDOWIZ OR ANY HYPERLINKED SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATTENDANCE AT OR PARTICIPATION IN ANY ACTIVITIES MADE AVAILABLE THROUGH KIDDOWIZ IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE KIDDOWIZ PARTIES BE LIABLE FOR ANY ACT, ERROR, OR OMISSION BY ANY PROVIDER OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY ACT, ERROR, OR OMISSION WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR ATTENDANCE OR YOUR CHILD’S ATTENDANCE, USE OF, OR PARTICIPATION IN ANY ACTIVITY MADE AVAILABLE THROUGH THE PLATFORM, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE PLATFORM. WE ARE NOT AN AGENT OF ANY PROVIDER OR OTHER THIRD PARTY.

    IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PROVIDER, YOU AGREE TO RELEASE THE KIDDOWIZ PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND PROVIDER.

    WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PROVIDER OR OTHER THIRD PARTY.

    SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF THE KIDDOWIZ PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF KIDDOWIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    OUR LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO US UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND THE KIDDOWIZ PARTIES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PROVIDER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

    Indemnification and Release

    You understand that we are not a Provider and any Activities listed on KiddoWiz are operated and delivered by the respective Providers. Although we hope Providers only offer the highest quality Activities, we are not responsible for the quality, substance, or performance of any of the Activities listed on the Platform. You understand that there are certain inherent risks and dangers in attending or participating in the Activities listed on KiddoWiz. By signing up for a KiddoWiz account and enrolling in an Activity you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm to you or your child. You acknowledge and agree that it is your responsibility to consult with your child’s primary care physician prior to participating in an Activity and to determine whether an Activity is appropriate for your child. You also understand and agree that KiddoWiz may offer child-related information that is designed for informational, educational, and entertainment purposes only. The use of any of the information provided on KiddoWiz is solely at your own risk.

    To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold harmless the KiddoWiz Parties from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, obligations, losses, costs, debts, and liabilities arising out of or in any way related to: (i) your use of KiddoWiz; (ii) you or your child’s attendance or participation in any Activity made available through KiddoWiz, including with respect to bodily injury, physical harm, illness, death or property damage; (ii) your violation of any terms of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; or (iv) your violation of any law, rule or regulation, or the rights of any third party.

    3. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

    Governing Law. This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of Washington, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

    Agreement to Arbitrate. You agree to arbitrate any dispute with us arising from this Agreement or your use of KiddoWiz on an individual basis in an arbitration. That means you cannot sue us in court or have a trial by jury. Any disputes will be resolved individually in a private proceeding.

    Format for Arbitration. The parties agree that: (i) any arbitration will occur in Seattle, Washington; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association for arbitration of Consumer-Related Disputes, in the English language, and with limited discovery.

    At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than the class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal.

    Other Provisions. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.

    Waiver of Class Action. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, THE PARTIES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

    4. General

    Assignment. This Agreement, the Privacy Policy, and the Service Provider Agreement, and any rights and licenses granted hereunder or thereunder, may not be transferred or assigned by you, but may be assigned by KiddoWiz without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    Notification Procedures and Changes to the Agreement. KiddoWiz may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by KiddoWiz in our sole discretion. KiddoWiz reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. KiddoWiz is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. KiddoWiz may, in its sole discretion, modify or update this Agreement, the Privacy Policy, or the Service Provider Agreement from time to time, and so you should review this page periodically. When we change any of these agreements in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms of use. If you do not agree to any of these terms or any future terms of use, do not use or access (or continue to access) the Service.

    Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with KiddoWiz in connection with the Service, including the Privacy Policy and, if applicable, the Service Provider Agreement, shall constitute the entire agreement between you and KiddoWiz concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

    No Waiver. No waiver of any term of this Agreement, the Privacy Policy, or the Service Provider Agreement shall be deemed a further or continuing waiver of such term or any other term, and KiddoWiz’s failure to assert any right or provision under any of these agreements shall not constitute a waiver of such right or provision.

    Contact. Please contact us info@kiddowiz.com with any questions regarding this Agreement, the Privacy Policy, or the Service Provider Agreement.