1. PRODUCTS & SERVICES
Kids Aboard Therapy provides a number of Internet-based services through the Site (all such services, collectively, the “Services”). Kids Aboard Therapy also provides a number of products through the Site (all such products, collectively, the “Products”).
2. USE OF SITE AND SERVICES
4. INTELLECTUAL PROPERTY.
You acknowledge that the Site may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Kids Aboard Therapy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on any content found on the Site, in whole or in part. Any use of the Site or any content other than as specifically authorized herein, without the prior written permission of Kids Aboard Therapy, is strictly prohibited.
The Kids Aboard Therapy name and logo are trademarks of Kids Aboard Therapy. Other company, product, and service names and logos used and displayed or otherwise incorporated into the Site may be trademarks or service marks of their respective owners, and nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Kids Aboard Therapy or other trademarks displayed on the Site, without prior written permission in each instance. All goodwill generated from the use of Kids Aboard Therapy will inure to our exclusive benefit.
We respect the intellectual property of others. If you believe that any content on the Site has been copied in a way that constitutes copyright or trademark infringement, please email us at firstname.lastname@example.org to notify us of a claimed infringement. Your communication concerning a claimed infringement must include substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(iii) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kids Aboard Therapy to locate the material;
(iv) Information reasonably sufficient to permit Kids Aboard Therapy to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
When you submit emails, communications, questions, comments, suggestions, ideas, message, material submitted via web forms, or any other information ("Submissions"), you grant Kids Aboard Therapy permission to use such Submissions for marketing and other promotional purposes. You agree that Kids Aboard Therapy will have no obligation to keep any Submissions confidential and you will not bring a claim against Kids Aboard Therapy based on "moral rights" or the like arising from Kids Aboard Therapy’s use of a Submission.
6. ACCURACY OF INFORMATION.
We attempt to be as accurate as possible when describing our products on the Site, however, we do not warrant that the product descriptions, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
7. OTHER WEBSITES.
Users may find advertising or other content on the Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website's own terms and policies. Kids Aboard Therapy 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 use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.
8. REPRESENTATIONS & WARRANTIES.
You represent and warrant that you: (i) have the full power and authority to enter into and perform under this Agreement; (ii) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and (iii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Kids Aboard Therapy that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) Kids Aboard Therapy will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Kids Aboard Therapy incurs in providing the Services; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
10. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIDS ABOARD THERAPY AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KIDS ABOARD THERAPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL KIDS ABOARD THERAPY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You will indemnify and hold Kids Aboard Therapy and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any portion of this Agreement. If you have to indemnify Kids Aboard Therapy under this Section, Kids Aboard Therapy will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Kids Aboard Therapy’s express written permission.
Kids Aboard Therapy has the right, at its election, to assign this Agreement or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.
If a dispute arises from or relates to this Agreement, your use of the Kids Aboard Therapy Site, Services, or Products, or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be Brooklyn, New York. The arbitration shall be governed by the laws of the State of New York. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).
Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Agreement, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of this Agreement and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees.
14. GOVERNING LAW.
This Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions. The parties to this Agreement agree that any claim or dispute arising under this Agreement must be resolved by a court located in Broward County, Florida, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within Broward County, Florida, for the purpose of litigating all such claims or disputes.
15. CONSENT AND CHANGES.
Your use of this Site shall be deemed express approval of all terms of this Agreement. If you do not consent to this Agreement or any of the above terms, please immediately exit and discontinue use of the Site. Kids Aboard Therapy has the discretion to update this Agreement at any time. In the event this Agreement is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.
YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES THERETO.
This Agreement contains the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The undersigned acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Agreement, and acknowledge that the undersigned have not executed this Agreement in reliance upon such promise, representation or warranty not contained herein. You may be subject to additional Agreement that may apply when you use affiliate services, third-party content or third-party software. Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
If you have any questions about this Agreement, the practices of Kids Aboard Therapy, or your dealings with this Site, please contact us at email@example.com
Any rights not expressly granted herein are reserved.
© 2020 Kids Aboard Therapy