Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the services provided through the website located at https://kidcorp.com/ (the "Website”), and any materials, services, information, and data hosted or transmitted via the Website, including all Content and the Stores, as defined below, (collectively, “Services”) as provided by KidCorp, Inc. (“us”, “our”, or “we”). Your access to and use of the Website and Content are conditioned on your acceptance of and compliance with these Terms of Use (“Terms”). Please read these Terms carefully.

1. Terms

By accessing or using the Website you agree to be bound by these Terms. You will use the Website in a manner consistent with applicable laws and regulations and in accordance with these Terms. If you are dissatisfied with the Website, Services, or these Terms, you agree that your sole and exclusive remedy is to discontinue your use of the Website.

If you are under eighteen (18) years of age, you are prohibited from using this Website without express adult permission and supervision. Minors may only use the Website and Services if they have appropriate permission and supervision from their parent or legal guardian. We may request additional information to verify such permission and the identity of a parent or legal guardian, via email, including for the purpose of security, data privacy, and fraud prevention. Parents or legal guardians are at all times responsible for any and all activity conducted on a minor’s account. Parents or legal guardians should have their legal name listed on any financial account used for buying, selling, and receiving payments. All payments we make are made to the parent or legal guardian and distribution of said funds are made at the sole discretion of the parent or legal guardian. Please note, some features of the Website or Services may not be available to users under the age of 18, even with parent or legal guardian permission.

You acknowledge and accept that your use of the Website is at your sole risk. You represent you have the legal capacity and authority to accept these Terms and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. As the rightful owner of the Website, we reserve the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.

2. Ownership

The Website and associated Content is the owned or appropriately licensed property of KidCorp, Inc. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Website and Content. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Website materials is prohibited except as provided for herein. Nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property contained or displayed in the Website without our written permission or such third party that may own such intellectual property. Your use of the intellectual property contained in the Website, or any other content in the Website, except as provided herein, is strictly prohibited. Any unauthorized use of the content contained in the Website may violate applicable laws, regulations, and/or statutes.

3. Account and Account Security

To use certain features of our Website, you may be required to create a user account (“Account”) and provide us with a username, password, and certain other information about yourself as set forth in our Privacy Policy. Minors must have express permission from a parent or guardian to create a user account, and no access will be granted until such time that such permission is granted. You will have the ability to maintain and periodically update such information as you see fit. By registering, you agree that all information provided by you is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You are solely responsible for the information associated with your Account and anything that happens related to your Account. If you create an Account, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities and/or charges that are incurred under your Account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and Account. You will immediately notify us if you discover or suspect that someone has accessed your Account without your permission. You will not license, sell, or transfer your Account without our prior written approval.

4. User Content

For purposes of this Agreement: (1) the term "Content" means, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Website; (2) the term "User Content" means Content that a user submits, transfers, or otherwise provides to the Website, which may be accessible and viewable by the public.

Posting, transmitting, or sharing User Content through the Website that you did not create, that you do not have the rights to, or that you do not have permission to post is prohibited. You understand and agree that we may, but are not obligated to, review and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms or which might be offensive or illegal or that might violate the rights, harm, or threaten the safety of users or others.

By uploading User Content or Seller Content to the Website, you initiate an automated process for us to transcode any audio Content and store such Content on our designated servers.

We claim no ownership to your User Content and Seller Content, however, by posting User Content and Seller Content through any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

You represent and warrant that your User Content conforms to these Terms and that you own or have the necessary rights and permissions to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims, and expenses made against us by any third party arising out of or in connection with our use and exploitation of your User Content.

5. Maintenance

To the extent that any maintenance or support is required by applicable law, we may provide support for the Website, but we will otherwise have no obligation to furnish any maintenance and support services with respect to the Website.

6. Prohibitions

You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Website or Content; (b) change, modify, or alter the Website or Content; (c) circumvent any protections that are a part of the Website; (d) use the Website for any commercial or illegal purpose, including gambling, other than as necessary in connection with a Transaction; (e) collect any information about any other user of the Website through the Website; (f) use the Website to violate any legal right of any third party; (g) use any automated means to access or use the Website (including scripts, "bots", or similar software); (i) duplicate, reproduce, publish, display, distribute, or create derivative works of the Content through any means, except as provided for herein; or (h) rent, lease, sell, assign, transfer, sub-license, or convey the Website or any portion thereof for any purpose.

7. Use

The Website, and all Services, are protected by applicable law, including copyright law, and you are explicitly advised that any use of the Website in violation of the law is prohibited. You may not use any aspect of the Content and Services, with the exception of your individual Store page, as applicable, for any commercial purpose. The Website and the Content may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use, with the limited exception of a Seller’s right to do the foregoing in connection with their own Seller Content. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Website or Services for any purpose not expressly provided for herein is prohibited.

8. User Conduct

You represent, warrant, and agree that no materials of any kind submitted or otherwise created, used, posted, transmitted, or shared by you or others through you or your account on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Website:

• To take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Website or the intellectual property rights owned or licensed by us as described elsewhere herein;
• To upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• To interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
• To use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; or
• For any commercial purpose not expressly approved by us in writing. You will not use the Website to upload, post, email, or otherwise transmit any advertising or promotional materials that are unsolicited or not “opted into” by the recipient including, without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.

You understand and agree that any user conduct deemed by us, in our sole discretion, to be offensive or in violation of these Terms may result in immediate termination of your access to the Website and your Store, and may result in surrender of any monies owed by us to you in connection with any Transaction.

9. Stores

We provide the use of an individualized commerce platform service (“Stores”) made available for users to display and facilitate the sale of  products and goods, selected and provided by us and customized by you, on or through the Website. The Website and the Stores are provided as an educational tool only. All Stores remain the property of KidCorp, Inc. and nothing set forth herein grants you any rights or ownership in or to the Website, the Stores, or the Content. Users may customize items through their individual Stores, subject to the terms and limitations herein, and through no other component of the Website. All use of the Stores will be governed by the Seller Terms as set forth below. All purchases made through the Stores are done at the user’s sole risk and will be subject to the Buyer Terms set forth below.

10. Seller Terms

The following terms (“Seller Terms”), along with these Terms, and other applicable terms and policies as may apply, apply to your use of the Stores on or through the Website.

We may display or share product or goods listings shared by you or on your behalf, or other content, data, or information shared by you or on your behalf, through your individual Store and the Website. Such listings are provided by a user (in such capacity, “Seller”) to another user (in such capacity, “Buyer”) in exchange for consideration by entering into a Transaction (defined below).

The Content you post on your Store (“Seller Content”) and use of the Store must always comply with these Seller Terms, such applicable policies as we may set in place from time to time, and all applicable laws, rules, and regulations. All Seller Content will be created from products made available to you by us. You will be given the opportunity to customize and sell Seller products from a selection of products offered by us and manufactured and delivered by a third party. All products sold by you through the Website are determined by us and you will have no right or opportunity to sell, or offer for sale, any goods or products not offered by us. As a means of clarification, you are granted the opportunity to select products to customize and sell from a set selection of products provided by us, and you will have no right to sell any products other than those so selected and customized. You will not circumvent any portion of the Website or Services to sell or make available any content not approved by us.

You may not use the Store in connection with any activities, individuals, or entities that are located in a country or region that is subject to comprehensive United States sanctions law or that would otherwise violate applicable trade sanction laws. You are solely responsible for determining whether the Store is suitable for your intended use.

When listing Seller Content through your Store, we may require that you display certain information or images provided by us in respect of such Seller Content. However, we make no warranty, representation, or covenant as to the accuracy, completeness, or sufficiency of such information or whether such information is in compliance with any legal, statutory, or regulatory requirements, and expressly disclaim any and all responsibility in respect of any information made available by you in connection with the Seller Content.

You may not customize and offer for sale through your Store any product containing the following:

• Infringing trademarks and logos: Any products displaying or containing third party branding, including protected trademarks, trade dress, and logos.
• Copyright protected images and designs: Any products displaying or containing third party copyright protected works, including imagery and designs.
• Nudity and Explicit Content: Any items containing sexually explicit content or featuring nudity.
• Hateful and Violent Content: Any content that inherently expresses, encourages, or glorifies hate or violence towards individuals or groups based on race, ethnicity, immigration status, national origin, religion, gender, gender identity, sexual orientation, disability, weight, or size. Prohibited hateful and violent content may include but is not limited to:
  • Hateful speech and symbols.
  • Harmful stereotypes and demeaning depictions of protected groups.
  • Condoning the views or activities of hateful or violent groups or individuals.
  • Threatening or inciting violence towards others.
  • Promoting self-harm or suicide.
• Content Promoting Drugs and Drug Paraphernalia: Any content that promotes the use, sale, or distribution of any illegal drugs, over-the-counter drugs, prescription drugs, alcohol, tobacco, and drug-related paraphernalia that is meant for making, using, or concealing drugs.
• Misrepresented Native American and Alaska Native Arts: Any product that falsely suggests it is the product of Native American or Alaska Native tribes or organizations.

If you provide URLs or similar content in connection with Seller Content you grant us the right to access, index, cache, analyze, and crawl the URL(s) and the content available through such URL(s), or any portion thereof, and to pull updates periodically from such URL(s) to create, augment, or update your Seller Content.

We may use automated retrieval and analysis of the domains and linked pages associated with your Seller Content, if applicable.

You are solely responsible for the content of your Seller Content (including description, price, fees, tax that you calculate, any required legal disclosures, and any offers or promotional content) and agree that such Seller Content will be true, accurate, and complete.

All orders are subject to the availability of the Seller Content we may provide. If for any reason Seller Content is not available, we will endeavor to notify the non-availability on this Website. We may revise the range of products or the specification of any product provided to you for customization at any time and without notice to you. Although we have endeavored to ensure that the product and pricing information provided on this Website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness, or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this Website.

We determine the prices charged for Seller Content in our sole discretion.

You understand and agree that the Stores are offered as an educational tool only. It is our intention to provide you with a share of all Transactions (defined below), but we are under no obligation to make any payments to you in connection with Seller Content sold. We make no guarantee that use of the Website and the sale of Seller Content will result in any compensation in any form. Payments to you, if any, will be made at our discretion.

In the event of sales by a minor, any monies paid by us to you in connection with a Transaction will be paid to your parent or legal guardian. Such parent or legal guardian will be solely responsible for payment of all applicable taxes, and will be responsible for distributing such monies to you, as a minor, at their discretion. We will not be responsible for direct distribution of monies to any minor and will not be liable therefor.

You are solely responsible for displaying any sales, privacy, or other terms, information, or disclosures related to your Seller Content that you want to apply to your interactions with users. Any such terms, information, or disclosures do not bind us and may not conflict with these Terms, Seller Terms, and our other applicable terms and policies.

You grant us a perpetual, non-exclusive, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, and display any Seller Content customized by you or accessed by us in connection with the Stores. You agree that you have all necessary rights in the Seller Content to grant the foregoing license.

We may offer to fund promotions, discounts, and other incentives directly to users to encourage engagement with the Stores and Seller Content. You acknowledge that your use of such promotions, discounts, and other incentives does not alter your obligations under these Seller Terms.

Any tools we may provide in connection with the Stores and the hosting of your Seller Content are provided as a convenience only and you use them at your sole discretion and risk. We may change the functionality of any of these tools or cease providing them at our discretion. Additional terms may apply to such tools and features.

You may only use any user’s data, content, or other information you receive in connection with your use of the Store in accordance with (i) our terms and policies, (ii) privacy standards at least as strict as those provided for in our Privacy Policy, and (iii) all applicable laws, rules, and regulations. To the extent there is a conflict between or among any of the above, the most restrictive term, policy, law, or regulation shall apply. You may only use user data to support the Transaction(s) arising from the user’s use of the Store or for any purpose for which you have obtained express permission from the user or otherwise have the legal basis. You may not sell or misuse user data. You may not engage in direct email marketing to users unless the user has opted into receiving marketing emails from you. We will, at our discretion, provide administrative tools to assist with marketing and customer contact in connection with your Store and Seller Content.

These Terms do not create any partnership, joint venture, sales representative, or agency relationship between you and us.

If a buyer or seller issue arises, we may reserve the right to enforce reasonable policies in our discretion in the interest of finding an equitable solution.

Your payments may be processed by third-party payment processors with whom you have a direct relationship, in accordance with their terms of service, and not by us. We reserve the right to add or change payment processors from time to time. We will advise you of any new payment processors and your continued use of the Store upon receipt of such notice constitutes acceptance of such addition or change as well as your acceptance of their terms of service.

We reserve the right to process payments through the Website and direct such payments to you, as Seller, in the form of gift card. Such gift cards will be delivered to you upon full clearance of the Transaction.

You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges, and additional charges for sales that result from your use of the Store. Except as provided elsewhere in these Seller Terms, any fees, commissions, or other amounts payable to us are exclusive of any applicable taxes, and to the extent taxes are required to be collected or withheld, you will pay such taxes in addition to the amounts otherwise payable.

We will not issue any returns or refunds of any product purchased through the Website. You are solely liable for any refunds issued on your behalf in connection with the Store.

You authorize the payment processor(s) we select to electronically debit the bank account, or credit card, you provide us for chargebacks or other fees, fines, penalties, negative balances or other amounts owed to the payment processor or to us under these Terms, and, if necessary, to electronically debit your account to correct erroneous debits.

If a debit authorized under this section fails, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection.

In the event of your breach of these Terms, we reserve the right to retain or withhold all monies collected in connection with your Seller Content.

11. Buyer Terms

The following terms (“Buyer Terms”), along with these Terms, and other applicable terms and policies as may apply, apply to your use of any Store on or through the Website.

You understand and acknowledge that you may purchase Seller Content through the Website, subject to those specific terms dictated by the details of such Seller Content, with each purchase being a “Transaction.” All inquiries regarding Transactions will be directed to the relevant Seller. We are not responsible for refunds for Transactions.

You are responsible for reviewing all Seller Content prior to purchase, as well as all terms, pricing, rights, and limitations set forth by the Seller in connection with the applicable Seller Content. Buyer will be bound to any displayed terms in connection with the Seller Content upon entering into a Transaction.

You warrant that if you enter into a Transaction, then you shall, and will be able to, make full and immediate payment for the requested Seller Content.

As a Buyer, and for any Transaction connected to or that utilizes any Store, you agree to pay us a service fee (“Service Fee”) in connection with your purchase of any Seller Content through the applicable Store. The Service Fee may be modified at our sole discretion at any time upon notice to you, which notice will be effective when made except as otherwise provided by applicable law. Service Fees will be calculated at the time of checkout and will be non-refundable. Service Fees may be collected by third party processes in accordance with these Terms, or by such other means as we may prescribe from time to time.

12. General Sale Terms

You expressly acknowledge and agree that:

• With the exception of payment of all applicable Service Fees, we are a not a party to any Transactions between you and other users and are not liable for any payments you make to, or receive from, a user.
• You are not our employee or an employee of any other user with whom you enter into a Transaction.
• We are not responsible, and will not have any liability or obligations, for any acts or omissions by you or any other users related to Transactions.
• We make no representation as to the reliability, capability, or qualifications of any Seller, Seller Content, or the quality, security, or legality of any Transaction, and we disclaim any and all liability relating thereto.
• We are in no way responsible for the accuracy, currency, or completeness of any information provided by Seller or Buyer in connection with any Transaction.
• Seller and Buyer are responsible for complying with all applicable laws, rules, and regulations related to a Transaction, including but not limited to any applicable employment laws and intellectual property laws.
• Seller and Buyer are responsible for paying any income and/or withholding taxes which may apply to them depending on residency or location. Both Seller and Buyer represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
• We retain the right, but do not have the obligation, to immediately halt the offering or sale of any Seller Content, prevent or restrict access to the Website, or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Website, these Terms, or for any other reason in our sole and absolute discretion, and to correct any inaccurate listing or technical problems on the Website. We may immediately halt the offering or sale of any Seller Content upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent or reasonably suspected with respect to any Seller Content.
• We offer no refunds, with the exception of Transactions cancelled by us directly. Refunds, if any, will be the sole responsibility of Seller.

13. Artificial Intelligence Tools

We may provide certain artificial intelligence (“AI”) tools as part of the Services. Such tools may be used for the generation of designs and logos for use in connection with Seller Content and your Store. AI-generated content may be inaccurate, incomplete, or inappropriate in certain contexts. You are solely responsible for reviewing, verifying, and approving any AI-generated content before using or publishing it. We are not responsible for any consequences, including infringement of third party rights, resulting from your use of AI-generated content. We reserve the right, but are under no obligation, to monitor, modify, or remove any AI-generated content that violates these Terms or could potentially harm our reputation or other users.

14. Updates

From time to time, we may create updated versions of the Website. Updates may be automatically transmitted to you and you accept such updates according to these Terms. Unless explicitly stated otherwise, all updates will be subject to these Terms, including any amendments to these Terms.

15. Additional Terms

Because we offer a variety of Content and Services, you may be asked to agree to additional terms before using or accessing a specific service offered by us (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding service.

16. Digital Millennium Copyright Act

We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Website, or any portion thereof, violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:

• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;
• 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;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• 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 the exclusive right that is allegedly infringed.

If we remove your content in response to a copyright or trademark notice, we will notify you of such action. If you believe your content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification in response to our notification of removal. Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.

17. Third Party Sites

The Website may contain (or may send you through or to) links to third-party Websites and/or software ("Third Party Sites"). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Website. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply. The Website may also contain sponsored third party content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content, Services, or information on the Website, including User Content.

18. Privacy Policy

The information we obtain through your use of the Website is subject to our Privacy Policy which is specifically incorporated by reference into these Terms.

19. Termination

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Website, with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Website and reporting you to the proper authorities. You may terminate this Agreement only by deleting the Website and all copies thereof from your devices. Upon any termination of these Terms, you shall cease all use of the Website and delete all copies of the Website from your devices. Any part of these Terms intended to apply following termination will so apply.

20. Disclaimer of Warranty

The Website and all associated Services and Content are provided “as is”, with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Website and Services either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We do not warrant, guarantee, or make any representations that the Website or Services are reliable, secure, or accurate, that they will meet your needs or requirements, that the Website or Services will be available at any particular time or location, that any defects or errors will be corrected, or that the Website or Services will be free of viruses or other harmful components. You use the Website at your own risk. All Transactions are at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.

We make no attempt to confirm, and do not confirm, any user’s purported identity, with the exception of for the purposes of parental consent. You are solely responsible for determining the identity and suitability of other users whom you may contact and work with via the Website.

We make no representations, offer no assurances, and do not investigate the backgrounds, morality, character, skills, or capabilities of any user (including any Seller or Buyer), and you hereby acknowledge that you assume the risk of any encounter or interaction with such persons.

We do not endorse any users or any Seller Content.

21. Limitation of Liability

You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Website or Services, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Website or Services; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.

22. Indemnification

You hereby indemnify and hold us, our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of these Terms or in connection with any use of the Website or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Website or Services.

23. Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.

24. Severability

If any provision of these Terms is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver.

25. Dispute Resolution

We hope to address all of your claims through good faith negotiation and ask that you contact us at the address listed in the Contact section with any issues you may have regarding the Website or these Terms. Any dispute, controversy, or claim arising out of or related to these Terms, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Denver, Colorado. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys' fees, and may be entered in any court of competent jurisdiction.

26. Controlling Law

These Terms shall be governed by the laws of the State of Colorado and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Website or Services will be brought solely in the courts located in Denver, Colorado and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

27. Entire Agreement

These Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. We may assign all or any portion of these Terms in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by us.

28. Contact

If you have any questions regarding these Terms, please contact:

KidCorp, Inc.
100 Fillmore Street, Suite 520
Denver, CO 80206
info@kidcorp.com