1. Approval of the Terms and Conditions of this Agreement
2. 2FORKIDS Information-Sharing Platform
2FORKIDS is a proprietary, online information-sharing platform designed to support co-parenting individuals and families of children living in split homes. 2FORKIDS provides tools enabling parents and families to communicate with one another, share materials and information about custodial arrangements, expenses, schedules, schools, sports, extra-curricular activities, health information, appointments and other relevant information (“Child Related Information”), with a view to help them coordinate and organize their children’s shared lives.
The Site allows a parent or legal guardian (“Parent”) of one (or more) minor child (each, a “Minor” and collectively, “Minors”) to create a family page (“Family Page”) centered around such Minor(s), where such Parent (the “Account Creator”) may post photos and share Child Related Information about the Minor(s) with other Users whom the Account Creator may invite to join the Family Page via e-mail, by sending a link through the Site to such persons (each, an “Invited User”). An invited User may be the other Parent or another individual of the Account Creator’s choosing. The Account Creator and all Invited Users who have joined the Family Page become a “Family Group.” All Users within the Family Group will be able to interact directly with one another via message board or chat room on the Family Page.
Prior to being allowed to create and/or access a Family Page, each Account Creator and each Invited User will need to register with 2FORKIDS as described below.
3. Service Intended for Personal Use
The Service is intended for the personal use of the Users and not for any commercial use.
4. Eligibility to Use the Service and/or Create a Family Page
By accessing the Service, you hereby represent and warrant to us as follows: (i) you are of legal age in the jurisdiction in which you reside (but in no event younger than eighteen 18 years old), and that you have the right to enter into an enforceable contract in such jurisdiction; (ii) you are an individual and not a business (except with the prior written consent of 2FORKIDS); (iii) all of the personal information you submit to 2FORKIDS is and will remain at all relevant times accurate and truthful; and (iv) you agree to take full legal responsibility for your access to, and use of, the Site and the Service.
In addition to the other pre-requirements to the use of the Service, if you want to be an Account Creator and create a Family Page, you must be a Parent vested with sufficient parental authority or guardianship to permit you to lawfully do so and otherwise use the Service under the applicable laws of your jurisdiction.
By creating a Family Page, you hereby represent and warrant to us that you have all necessary parental rights and authority under applicable law to (a) create a Family Page centered around your Minor(s); (b) post, share, publish or otherwise make available any content on the Family Page (including photos) that includes personal information belonging to such Minor(s); and (c) lawfully grant us your parental consent hereunder with respect to such Minor(s).
We reserve the right to take steps to verify your identity and relationship with regard to any applicable Minor featured on our Site during the initial registration process and at any time, in our sole discretion.
To the extent that you are an Account Creator, you must also be capable and willing to comply with such requirements and terms and conditions as may be imposed by any applicable third-party online payment platform available through the Site, which are discussed in the Section entitled “Subscription Payments” below.
5. User Account and Family Page
Before being able to use part of the Service, you will be asked to register with 2FORKIDS, create a user account and provide certain personal information to us, such as your name, physical address, phone number and a valid e-mail address (“User Account”). Any User of the Service must register a User Account with us. Then, additional steps may be required depending on whether you are an Account Creator or an Invited User.
If you are an Account Creator, you will also need to provide additional information, including, without limitation, as relating to the Minor(s) to be featured on the Family Page, the relationship between you and such Minor(s), and your giving us your full parental consent to the creation of a Family Page centered around such Minor(s) and to the posting of or uploading of content on the Site that includes the personal information of your Minor by any Invited User in your Family Group.
If you are an Account Creator, you will be permitted to create a personalized Family Page on the Site, where you will be able to (i) upload one or more photos; (ii) provide certain information about you and your family, including Child Related Information; (iii) invite the other Parent and/or others to join your Family Group; and (iv) interact directly with the Invited Users in your Family Group. You will also be prompted to register an account with our payment processor for the payment of our monthly subscription, as discussed in the Section entitled “Subscription Payments” below.
If you are an Invited User, you will be permitted to post or publish content on the Family Page but you will not be allowed to invite others to join the Family Group, modify or delete content.
The Family Page and the Family Group are at all times under the control of the Account Creator, which means that any content posted or published on the Family Page by any User in the Family Group may be modified or deleted at any time by the Account Creator. The Account Creator also retains the right to terminate the Family Page and/or remove any Invited User from the Family Group. Any removed User from a Family Group will no longer have access to the Family Page and/or to any content thereon, including any content originated by such removed Invited User.
The creation of an Invited User Account is free of charge. Each User, including each Account Creator is limited to one User Account. All confirmations and other communications from 2FORKIDS relating to the Service will be effected via e-mail. You are obligated to ensure that you provide us with a valid and current e-mail address at all times. You are also solely responsible for maintaining the confidentiality of your User Account, login credentials and passwords, and for all use of the same, whether or not you have authorized access and/or use of your User Account. We do not guarantee that the Site will be accessible from anywhere, available at all times and/or compatible with all devices or mobile carriers.
We reserve the right to refuse access to the Service to any User who does not meet our eligibility conditions, who does not comply with this Agreement or whose User Account is not in good standing, in each instance, as determined by us in our sole and absolute discretion.
6. Subscription Payments
Prior to being able to use the payment portal, each Account Creator will need to register an account with our payment processor. All payment transactions will be subject to the specific terms and conditions included in a separate agreement to be entered by and between the Account Creator and such payment processor.
We cannot be responsible or liable for any dispute between an Account Creator and such third-party payment processor, including, without limitation, if an attempted payment on the payment portal fails to complete because the transaction is denied by the Account Creator’s debit card, credit card or financial institution due to a variety of reasons such as, without limitation, the Account Creator has insufficient funds in their account, the transaction is above their credit limit or overdraft protection of their account, their payment account information is inaccurate or outdated, or otherwise.
The Account Creator is solely responsible, and in no circumstances can 2FORKIDS be liable, for any overdraft charges, late fees and other fees and/or penalties assessed by an Account Creator’s financial institution in connection with any improper use of an Account Creator’s cards or bank account in connection with the Service.
If an Account Creator does not wish to keep their payment account active, it is their responsibility to deactivate it.
No payments processed on the payment portal are refundable except that, if you are an Account Creator, you will be entitled to a full refund of any paid subscription for any given month provided (i) y are prevented from using the Service due to a technical issue, which our support team is not able to resolve using commercially reasonable efforts; (ii) you have received notification that your account is terminated by us without any fault on your part at any time during such month; (iii) you have made duplicate purchases by mistake, or (iv) we opt to terminate or interrupt the Site or the Service, either temporarily or permanently at any time during such month. We will notify you via e-mail if you are eligible for a refund and promptly arrange for such refund through our payment portal.
8. User Content
Once you have created a User Account, you will be able to upload pictures and photos on your Family Page, post and publish Child Related Information or other materials that you are willing to share on the Family Page, and communicate with other Users in your Family Group (all of which shall collectively be referred to as “User Content”). You understand that you have a responsibility to ensure that your User Content is in compliance with our Code of Conduct (as defined below) and, also that you have sufficient legal rights in such User Content, in each instance, before submitting the same to the Site; in each instance in order to avoid potential adverse consequences such as the suspension or termination of your User privileges with 2FORKIDS, and in some situations where you have violated applicable laws and/or other persons’ legal rights, the start of legal proceedings against you. For example, you do not have the right to upload photos featuring other people, post other people’s copyrighted or trademarked materials, etc., in each instance, without their prior consent.
To the extent that you are and remain in compliance with applicable laws regarding your User Content, including but not limited to compliance with applicable intellectual property laws, your User Content will remain your property at all times whether or not posted on the Site. You understand and agree, however, to grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable and sublicensable license to all of your User Content, so that we may use, reproduce, distribute, display, publish, or otherwise make available the same through the Site.
You are legally responsible for (i) the content that you post, upload or publish on the Site and/or in connection with the Service, including such public content that you generate outside of the Site (such as on other websites, blogs, articles, etc.); and (ii) for your interactions with other Users.
The Account Creator will also be responsible for the content posted or published on the Family Page by any Invited User.
You understand that the Family Page and the Family Group are at all times under the control of the Account Creator, which means that any User Content posted or published on the Family Page by any User in the Family Group may be modified or deleted at any time by the Account Creator. The Account Creator also retains the right to terminate the Family Page and/or remove any Invited User from the Family Group.
You further understand and agree that we reserve the right to remove any of your User Content from the Site at any time, without saving any back-up thereof, for any reason or no reason and without prior notice to you.
9. Minors’ Personal Information; Removal Upon Parent’s Request
As a condition to registering as a Parent of a Minor on our Site, to using the Service, and/or posting or publishing personal information or other content involving a Minor on our Site, we require that any such Parent User provide us with such Parent’s full parental consent and authorization to each of the foregoing.
Each Parent User hereby represents and warrants to 2FORKIDS that such User has all necessary legal rights under applicable law to (a) use the Service in accordance with its intended use hereunder, (b) post, share, publish or otherwise make available any content on the Family Page (including photos) that consists of personal information belonging to their Minor(s); and (c) to lawfully grant such User’s parental consent hereunder with respect to each Minor featured on the Family Page.
We reserve the right to remove any personal information belonging to a Minor and posted or published on our Site by any User upon the request from a person claiming to be vested with parental authority over such Minor, without being obligated to investigate the validity of such claim. 2FORKIDS does not have the resources, the rights nor the expertise to conduct investigations into the lives of its Users and can only rely on information provided to it by you in good faith. To the extent any controversy arises about the extent of your rights in connection with any Minor, we may elect to terminate the Family Page and/or any associated User Account as a precautionary measure against any potential violations of law and/or suspicions or allegations of any impropriety on the part of any User.
We also require the Account Creator and any applicable User to take full responsibility for (x) any violation of a Minor’s legal rights, including rights of privacy and publicity, in connection with the Account Creator and/or any Invited User’s conduct, access to the Site and/or use of the Service, and (y) any misrepresentation to us regarding the extent of such Account Creator’s and/or other Parent User’s parental rights in connection with a Minor featured on such User’s Family Page.
10. Code of Conduct and Prohibited Activities
We are committed to making our platform a safe environment for our online community to share information in a mindful, respectful and legally compliant manner. We therefore ask that our Users behave responsibly in their use of the Service and at all times comply with the following rules and guidelines pertaining to each User’s use of the Site and Service (“Code of Conduct”):
Please read the following carefully as they describe conducts and activities that are strictly prohibited on the Site and in connection with the Service. Some of these behaviors are morally reprehensible – and cannot be tolerated as they violate our online community standards – while others are plainly and simply unlawful, and in some instances, even criminal in nature.
Therefore, we urge you to abide by the 2FORKIDS Code of Conduct at all times and thereby refrain from engaging in any of the following prohibited behaviors and activities:
You agree that you will not, directly or indirectly through others, at any time in connection with your accessing the Site and/or use the Service:
· post, upload, display, publish or otherwise make available any content that is or could reasonably be interpreted to be, intimidating, harassing, threatening, cyberbullying, harmful, dangerous, abusive, defamatory, disparaging, hateful, discriminatory (on the basis of race, ethnicity, gender, religion, age, disability, or sexual orientation or other bases), obscene, pornographic, sexually explicit, vulgar, violent or graphic in nature, offensive or otherwise objectionable;
· post, upload, display, publish or otherwise make available on the Site any content that you do not have the legal right to possess or post, upload, display or publish;
· violate the laws or regulations of any relevant jurisdiction;
· infringe on, misappropriate and/ or violate any proprietary rights, privacy rights, rights of publicity or any other legal right belonging to any person;
· violate the terms of any agreement between you and a third party;
· allow any minor to access the Site and/or use the Service;
· introduce any viruses, Trojan horses, worms, or any other harmful code;
· interfere with, damage, overload or disrupt, the functionality of our Site, servers or networks;
· attempt to disable or bypass our security or access restriction measures, including accessing the Site by expert system, “bot” or other electronic means;
· Use any device or process to “spider” or “crawl” or index any 2FORKIDS Content (as defined below);
· modify, correct, adapt, delete, translate, alter, copy, reverse engineer, disassemble, decompile, decode, enhance or otherwise prepare derivative works or improvements of any 2FORKIDS Content;
· rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise give access to or make available any 2FORKIDS Content, any other User Content or Third Party Materials (as defined below) to any third party;
· engage in conduct that is illegal, fraudulent, deceptive, violate others’ rights of privacy or publicity, or that promotes illegal activity;
· impersonate others, make false and/or disparaging claims against any person including 2FORKIDS, or misrepresent any affiliation with or endorsement from any person, including 2FORKIDS;
· use the Site or Service for unsolicited mail or advertising, collect or harvest data and information from others through any method, process or device, or to run scams; or
· use the Site or the Service for a commercial or non-personal activity without the prior written consent of 2FORKIDS.
Any use of the Service, the Site and/or 2FORKIDS Content that is not in strict compliance with the terms and the permitted purposes of this Agreement is prohibited and shall constitute a material breach of this Agreement. We reserve all of its rights and remedies under applicable law, including, without limitation, the right to refuse access to the Site or the Service, terminate any User Account and remove any User Content at any time. Please be aware that any violation of this Code of Conduct may not only result in the immediate suspension or termination of your User privileges but could also expose you to civil and/or criminal liability, as applicable.
11. No Grant of Proprietary Rights
Nothing in this Agreement shall be deemed to grant any proprietary rights whatsoever to any User in connection with the Site or the use of the Service. All materials and information in any form or medium, including, without limitation, any technology, software, copyrightable materials, documents, data, interface, graphics, designs, invention, content, text, algorithms, source and object code, specifications, products, equipment, methods, files, procedures, or components that are made available to Users through the Site and/or the Service (collectively, the “2FORKIDS Content”) are provided to Users by 2FORKIDS or its licensors solely to support User’s permitted use of the Service. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Service, and any software underlying our Service solely to use the Service as provided by 2FORKIDS.
All other rights in and to the 2FORKIDS content, Site and Third Party Materials, including all Intellectual Property Rights therein (as defined below), are and will remain, respectively, with us and the respective rights holders in the Third Party Materials (as defined below), and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international intellectual property laws.
For purposes of this Agreement:
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Third Party Materials” means, all content, product, advertisement, information, material, service and/or information in any form or medium, including any open source programs or other software, documents, data, content, specifications, products, equipment or components of, relating to, or posted on or linked to, the Site, that are not proprietary to 2FORKIDS.
12. Data Privacy
On the Site or in connection with the Service, 2FORKIDS may incorporate certain advertising materials and 2FORKIDS may receive some compensation from such advertisers. You hereby understand and agree that you will not be entitled to receive any share of any earnings or compensation of any kind whatsoever from any person in connection with the presence or integration of any advertisements or commercials, on or with the Site or Service. You further understand and agree that 2FORKIDS is not endorsing and will not be responsible or liable in any way in connection with the content of such advertisements or commercials, whether the same appear on the Site or are made available via links to third-party websites.
14. No Endorsement
We do not endorse any User, User Content, product, service, individual or entity, whatsoever. You agree not to claim, suggest or imply any such endorsement by us.
15. Changes to and Cancellations of User account and/or Family Page by Users
You may add, edit, modify or delete any personal information included in your User Account that you have uploaded to the Site at any time. You may also cancel your User Account, delete your User Content from the Site and cease any use of the Service at any time.
Once you delete any information, data, communications or photos from your User Account, you will no longer be able to retrieve and/or recover the same from the Site and we are not responsible for saving any back-up thereof. Once you cancel your User Account, you may no longer be able to access, retrieve or recover any of your User Content or any other User data that was stored on the Site and the same may be deleted from the 2FORKIDS servers.
The Account Creator may at any time edit, modify or delete any information on the Family Page, including any other User Content, cancel the Family Page and/or remove any Invited User, in the Account Creator’s sole discretion.
16. Termination of User Privileges by 2FORKIDS
2FORKIDS may, may at any time in its sole and absolute discretion, terminate this Agreement, suspend your access to the Site, the Service, the Family Page, either temporarily or permanently, monitor, block or remove any of your User Content (including by disabling access to you to such User Content), Family Page and/or cancel your User Account at any time with or without reason and without prior notice or liability to you, including, without limitation, if 2FORKIDS suspects any impropriety on your part, if your User Account is not in good standing, if there is a history of payment processing problems or collection issues associated with the Account Creator.
17. Modification and Termination of 2FORKIDS Site or Service
2FORKIDS may at any time in its sole and absolute discretion, and without notice to you in connection therewith, modify the Service provided to its Users, cease providing the Service, change the design and layout and/or the operation of the Site, whether temporarily or permanently. We will have no liability to you whatsoever in connection with any of the foregoing.
18. Electronic Communications
You hereby grant 2FORKIDS the right to communicate with you regarding the Site or the Service by e-mail using the contact information that you provided to us in your User Account. Your consent to receive electronic communications encompasses any e-mails, which we may send to you periodically regarding promotional offers or legal notices or other information about your account.
You agree to indemnify and hold harmless 2FORKIDS and its equity holders, managers, officers, employees, directors, affiliates, representatives and agents (collectively, the “2FORKIDS Parties”) from and against all losses, damages, claims, obligations, liabilities, costs and expenses (including attorney’s fees), collectively, “Claims”) arising out of, resulting from or relating to: (i) your use of the Service; (ii) any infringement or violation of the Intellectual Property Rights, rights of privacy, rights of publicity, or other legal rights of any person in connection with your use of the Service; (iii) any third party Claims for indemnification in connection with your use of the Service; and (iv) your breach of any material provision of this Agreement.
20. Survival of Terms
All provisions of this Agreement that are reasonably intended to survive the termination of this Agreement shall so survive, including, without limitation, the sections entitled: “Refunds,” “No Grant of Proprietary Rights,” “Indemnification,” “Disclaimer of Warranties,” “External Links Disclaimer,” “Limits of Liability,” “Severability,” “No Waiver,” “Arbitration and Class Action Waiver,” “Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law,” “Governing Law and Venue,” “California Residents,” “Equitable Remedies,” “Printed Agreement Admissible” and “Copyright Dispute Policy.”
21. Disclaimer of Warranties
The information contained on the Site is for general information purposes only. Your access to the Site and use of the Service are solely at your own risk. You understand that all information uploaded, posted, published or otherwise made available through the Service is at all times the sole responsibility of the person from which such content originated, that 2FORKIDS cannot guarantee the authenticity or accuracy of any data or the identity of any User, and that therefore 2FORKIDS assumes no responsibility for errors or omissions in the contents, data or information on the Site and in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY ANYWHERE IN THIS AGREEMENT, THE SITE, THE SERVICE AND THE 2FORKIDS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND 2FORKIDS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND 2FORKIDS SPECIFICALLY DISCLAIMS, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 2FORKIDS MAKES NO WARRANTY OF ANY KIND THAT THE SITE, THE SERVICE AND/OR THE 2FORKIDS CONTENT WILL MEET USER OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE IMMUNE FROM UNAUTHORIZED ACCESS, BE COMPATIBLE OR WORK WITH ANY DEVICE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, ERRORS OR INACCURACIES. 2FORKIDS DOES NOT WARRANT THAT THE SERVICE WILL MEET USERS’ EXPECTATIONS. 2FORKIDS DOES NOT ENDORSE ANY PERSON, SERVICE OR PRODUCT. ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS. 2FORKIDS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND 2FORKIDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
2FORKIDS reserves the right to make additions, deletions, or modification to the contents, features or other aspects of the Service, at any time without prior notice to you.
The Site may contain links to external websites, including but not limited to social network websites, that are not provided or maintained by, in any way affiliated with or controlled by, 2FORKIDS, and 2FORKIDS does not endorse and is not liable for any Third Party Materials, including, without limitation, any infringing, defamatory, obscene, discriminatory or otherwise offensive or illegal Third Party Materials. Further, 2FORKIDS does not guarantee the accuracy, relevance, timeliness, or completeness of any Third Party Materials available from these external websites. You are advised to carefully read all legal documents available on such external websites, including their terms and conditions and all other relevant documents and policies explaining the rules governing the use of such sites and the content posted thereon. By using the Service, you expressly relieve and hold harmless 2FORKIDS from any and all liability arising from your use of any third party website.
If you purchase a product a service from another User or any third party found on or through the Service, you understand that your rights and obligations regarding the purchase of such product or service will be subject to such third party’s applicable agreements, terms and conditions and/or policies, which you are solely responsible for investigating and reviewing prior to entering into a sale transaction with any such third party. You acknowledge and agree that 2FORKIDS is not affiliated with or an agent of such third party, and that therefore will have no obligation or liability to you whatsoever for any loss or damage incurred in connection with a dispute arising from any such third party transaction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE 2FORKIDS PARTIES BE LIABLE FOR ANY LOSSES, INJURIES, CLAIMS, DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICE, THIS AGREEMENT, THE 2FORKIDS CONTENT OR ANY THIRD PARTY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY USE OF OR INABILITY TO ACCESS THE SITE OR USE THE SERVICE, THE CANCELLATION OF A USER ACCOUNT, THE REMOVAL OF USER CONTENT, OR THE CONDUCT OF A USER.
IN THE EVENT THAT LIABILITY MAY NOT BE CURTAILED TO THE FULLEST EXTENT OF THE FOREGOING SENTENCE IN SOME JURISDICTION, THEN IN SUCH INSTANCE, THE MAXIMUM TOTAL AMOUNT OF LIABILITY FOR DAMAGES SHALL BE LIMITED TO TWENTY UNITED STATES DOLLARS ($20.00).
You acknowledge and agree that the disclaimers and limitations in this Agreement are reasonable under the circumstances and constitute an essential part of this Agreement, without which 2FORKIDS would not be able to offer the Service to you.
24. No Agency
2FORKIDS is an independent service provider and not a party to any payment transactions effected through any third-party payment processor available on the Site. Any dispute that may arise between you and a payment processor in connection with any services provided to you by such provider is not 2FORKIDS’s responsibility and is to be settled directly between you and such provider.
If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of this Agreement to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction: (a) this Agreement will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (b) in the relevant jurisdiction, the remainder of this Agreement (to the fullest extent permitted by law) will continue in full force and effect. Neither you nor us will be in breach of these Terms in the event that party is unable to perform its obligations as a result of any reason or condition beyond its reasonable control.
26. No Waiver
No delay or indulgence by either you or us in enforcing any of the terms of this Agreement or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of this Agreement shall be effective unless made in writing and signed by us. The waiver of any breach of any term or condition set forth in this Agreement shall not be construed as a waiver of any subsequent breach or condition thereof.
27. Dispute Resolution
Most disagreements or disputes can be resolved amicably through informal mediation. You can reach us at email@example.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with us and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
28. ARBITRATION AND CLASS ACTION WAIVER - PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If the parties are unable to reach an amicable resolution within a period of thirty (30) days from the time the informal mediation process is initiated then you and we expressly agree that any legal dispute, claim or controversy between you and us arising out of or relating to this Agreement, the Service, including without limitation disputes related to rights of privacy and/or publicity, and whether or not such dispute, claim or controversy involves a third party (each, a “Dispute”), and that the enforcement of this Arbitration and Class Action Waiver section, shall be settled exclusively by binding, individual arbitration in accordance with the American Arbitration Association (“AAA”) then current rules for arbitration of consumer-related disputes (available online at http://www.adr.org).
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY DISPUTE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH DISPUTE AROSE OR BE FOREVER BARRED.
The arbitration proceedings will be held by a single arbitrator, will be confidential and in English, and this Agreement will be interpreted and construed in the English language, which is the language of the official text of this Agreement.
The arbitration proceedings will be held in Wilmington, Delaware, provided however that if the value of the relief sought is U.S.$10,000 or less, either you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and us (subject to the arbitrator’s discretion to require an in-person hearing based on the circumstances). Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. Any in-person arbitration shall be held at a mutually agreeable location determined by you and us in accordance with the AAA rules.
The decision of the arbitrator shall be nonappealable and final and binding upon the parties hereto, and judgment upon the award rendered by the arbitrator may be entered into any court having jurisdiction. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this arbitration clause. The arbitrator will be empowered to grant whatever relief would be available in a court at law or in equity but will not have authority to award damages, remedies or awards that conflict with this Agreement.
The arbitrator shall award the costs and expenses of arbitration, including attorneys’ fees, to the prevailing party as part of such party’s award, in addition to all other relief granted. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
YOU HEREBY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU AND WE HEREBY EXPRESSLY WAIVE OUR RIGHTS TO A TRIAL IN A COURT OF LAW.
Exception for Litigation or Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve Disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its Intellectual Property Rights. As an alternative to binding arbitration, you may bring your Dispute in “small claims” court, if permitted by that small claims court’s rules and if within such small claims court’s jurisdiction, provided that the small claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small claims action.
Any proceeding to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. THIS WAIVER IS MUTUAL AS BETWEEN YOU AND US.
If any part of this section, other than the class action waiver clause, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the class action waiver clause contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the arbitration clause.
29. Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
If you are a non-US resident and a tribunal in your country of residence has ruled that arbitration is prohibited by law, then you agree to the following:
(a) If any Dispute arises you and we will send a written notice of the Dispute to the other, together with a proposed resolution of it. We will send such notice to you using the e-mail in your User Account. You will send us such notice to firstname.lastname@example.org
We will then attempt to amicably resolve the Dispute in good faith for a period of ninety (90) days following the date of the notice.
(b) If after such time we are unable to find a mutually agreeable resolution of the Dispute, then the state or federal courts in the State of Delaware shall have non-exclusive jurisdiction of any Dispute under this section.
(d) The foregoing provisions of this Section will not apply to any legal action seeking an injunction or other equitable relief.
(e) You and we further agree that: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST FILE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THIS SECTION) WITHIN ONE (1) YEAR AFTER DISCOVERY OF SUCH DISPUTE ARISES - OR IT WILL BE FOREVER BARRED.
30. Governing Law and Venue
This Agreement, including the validity and interpretation thereof, and the rights and obligations of the parties hereto, shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States of America, excluding its conflict of law provisions or rules; except for the arbitration provisions, which shall be governed by United States federal law.
In the event that the provisions regarding mandatory arbitration proceedings set forth herein are determined not to apply to you or to a particular Dispute, you agree that any such Dispute shall then be submitted to the exclusive jurisdiction of a state or federal court located in New York County, State of Delaware, United States of America, and you agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such Disputes. YOU IRREVOCABLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION. IN ADDITION, AND NOTWITHSTANDING THE FOREGOING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. FINAL JUDGMENT IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT SHALL BE CONCLUSIVE AND BINDING UPON YOU AND MAY BE ENFORCED IN ANY COURT IN WHICH YOU ARE SUBJECT TO JURISDICTION BY A SUIT UPON SUCH JUDGMENT.
31. California Residents
(a) If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
(b) Under California Civil Code Section 1789.3, California users of online services are entitled to the following specific consumer rights notice: If a User has a question or complaint regarding the Service, please send an email to email@example.com. Users may also contact us by writing to Home Split Home, LLC 1013 Centre Road, Ste 403S, Wilmington, De 19805 New Castle County. Users may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210
32. Equitable Remedies
You acknowledge and agree that (i) a breach or threatened breach by you of your obligations under this Agreement would give rise to irreparable harm to 2FORKIDS for which monetary damages would not be an adequate remedy, and (ii) in the event of a breach or a threatened breach by you of any such obligations, 2FORKIDS will, in addition to any and all other rights and remedies that may be available to 2FORKIDS at law, at equity or otherwise in respect of such breach, be entitled to equitable relief, including, but not limited to, a temporary restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security or to prove actual damages or that monetary damages will not afford an adequate remedy.
33. Viewing, Accessing and Use Outside the United States
2FORKIDS makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your country of residence. If you are accessing this Site from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Site or Service, you may transfer certain personal information to the United States. You consent to that transfer and you consent to the application of United States law.
You may not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise. Any purported assignment, delegation or transfer in violation of this provision is void. This Agreement may be freely transferred, assigned, or delegated by 2FORKIDS.
35. Printed Agreement Admissible
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
36. Entire Agreement
This Agreement sets forth the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
37. Force Majeure
We will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
39. Copyright Dispute Policy
2FORKIDS respect the Intellectual Property Rights of its Users and takes allegations of copyright infringement seriously. If you believe in good faith that your copyrighted material is being infringed on our Site, please provide the following information to our Designated Copyright Agent, identified below, as is required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the 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 2FORKIDS to locate the material; (iv) information reasonably sufficient to permit 2FORKIDS to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vii) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
40. Designated Copyright Agent
Pursuant to the DMCA, you may submit claims alleging copyright infringement to the following 2FORKIDS Designated Copyright Agent using the following contact information:
Contact Information: firstname.lastname@example.org
We may not respond to inquiries that do not comply with the above procedure.
41. For Further Information, Questions or other Claims, Please Contact: