Terms of Service
This Website and the services of KidsActivityAdvisor (the “Services”) are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any services referred to herein as “KidsActivityAdvisor,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at email@example.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated September, 2018.
1. Introduction to KidsActivityAdvisor
Upon registration, choose your own password to access the Providers through the KidsActivityAdvisor website.
At KidsActivityAdvisor we are committed to making your experience a positive one. There are several ways you can find a provider through KidsActivityAdvisor (collectively, “Providers). You may select or search for a provider from our directory, a compilation of providers with their ratings and reviews.
1. Directory – You can view a directory of Providers in your selected zip code who provide services in the categories that you select. These listings include ratings and reviews of those Providers from their customers, when available.
2. No Guarantees or Endorsements. We make no guarantees, warranties or representations regarding the skills or undertakings of Providers or the quality of the job that he or she may perform for you if you elect to retain their services. KidsActivityAdvisor does not endorse or recommend the services of any Provider. It is entirely up to you to evaluate the Provider and their qualifications, and to enter into a direct contract or otherwise reach agreement with a Provider. We do not guarantee or warrant any Providers performance on the field, in the classroom or any other venue, or the outcome or quality of the services performed. The Providers are not employees or agents of KidsActivityAdvisor, nor is KidsActivityAdvisor an agent of the Providers.
3. No Contracting via the KidsActivityAdvisor Website. KidsActivityAdvisor may inform you of certain offers or discounts provided by a Provider. Such offers or discounts are made solely by the Provider. KidsActivityAdvisor does not guarantee or warrant the pricing or discounts that a Provider may offer you. To contract with a Provider, you must work directly with the Provider. KidsActivityAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. KidsActivityAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Providers in accordance with the agreements.
4. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Provider or the fees charged by any Provider, you must address such dispute with the Provider directly. YOU HEREBY AGREE TO RELEASE KidsActivityAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH Providers.
3. YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
you acknowledge and agree that your use of KidsActivityAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect KidsActivityAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use KidsActivityAdvisor to recreate or compete with KidsActivityAdvisor, to solicit or harass Providers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to KidsActivityAdvisor for any such damages, and will indemnify KidsActivityAdvisor in the event of any claims against KidsActivityAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to KidsActivityAdvisor at any time. All information about Providers is confidential and for your personal use only. If it is determined or suspected by KidsActivityAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the KidsActivityAdvisor services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, KidsActivityAdvisor reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
We may allow you to pay for goods or services provided by Providers, through the KidsActivityAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Provider (s) you select, you must contact the Provider and resolve such dispute with the Provider.
5. USER GENERATED CONTENT
You agree that all of the content and information posted by you on KidsActivityAdvisor, including but not limited to:
o Comments, Questions and/or Answers,
o Any other content
(known collectively as “Content”) is the sole and exclusive property of KidsActivityAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
3. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
4. Grant of License. You hereby grant KidsActivityAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on KidsActivityAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
5. Representation of Ownership and Right to Use Content. By posting or providing any Content to KidsActivityAdvisor, you represent and warrant to KidsActivityAdvisor that you own or have all necessary rights to use the Content, and grant to KidsActivityAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
6. Content Guidelines. KidsActivityAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any KidsActivityAdvisor owned or operated websites or apps if KidsActivityAdvisor determines (in its sole discretion) that such content contains or features any of the following:
1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
2. References to illegal activity.
3. Language that violates the standards of good taste or the standards of this Site.
4. Statements that are or appear to be false.
5. Comments that disparage KidsActivityAdvisor.
6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
1. Reviews that do not address the goods and services of the business or reviews with no qualitative value.
2. Comments concerning a different Provider.
3. Information not related to service provided.
4. If a dispute arises between a consumer and Provider, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a Provider that has performed services for you pursuant to your applicable service request.
6. RATINGS & REVIEWS ARE NOT ENDORSED BY KidsActivityAdvisor.COM
All Ratings and Reviews of a Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of KidsActivityAdvisor. KidsActivityAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. KidsActivityAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
7. ARTICLES AND OTHER CONTENT
KidsActivityAdvisor provides certain content relating to children’s activities, (“Articles”), such articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Provider.
8. LINKS TO THIRD PARTY SITES
The links on KidsActivityAdvisor.com will let you leave HomeAdvisor’s Web site. The linked sites are not under the control of KidsActivityAdvisor and KidsActivity Advisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. KidsActivityAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. KidsActivityAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KidsActivityAdvisor of the site.
9. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
KidsActivityAdvisor respects the intellectual property rights of others. For intellectual property claims, please send us a notice at firstname.lastname@example.org
10. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the KidsActivityAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of KidsActivityAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of KidsActivityAdvisor. Elements of KidsActivityAdvisor are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the KidsActivityAdvisor web Site may be copied or retransmitted unless expressly permitted by KidsActivityAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. KidsActivityAdvisor AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. KidsActivityAdvisor AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE KidsActivityAdvisor WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KidsActivityAdvisor AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY KidsActivityAdvisor, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE KidsActivityAdvisor SERVICES IN CONNECTION WITH THE KidsActivityAdvisor WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
12. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
0. The exclusive means of resolving any dispute between you and KidsActivityAdvisor or any claim or controversy arising out of or relating to use of this Website (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against KidsActivityAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
1. By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and KidsActivityAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
2. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against KidsActivityAdvisor may be commenced only in the federal or state courts located in Loudoun County, Virginia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
3. These Terms and Conditions, and any dispute between you and KidsActivityAdvisor, shall be governed by the laws of the state of Virginia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
13. GENERAL PROVISIONS
You acknowledge and agree that the KidsActivityAdvisor Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Kids’ActivityAdvisor’s sole obligation to you or any third party for any claim arising out of your use of the KidsActivityAdvisor Services, is that you are free to discontinue your use of the KidsActivityAdvisor Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, KidsActivityAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT KidsActivityAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF KidsActivityAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of KidsActivityAdvisor successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of KidsActivityAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Virginia as such laws are applied to agreements entered into and to be performed entirely in the State of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Loudoun County, Virginia. These Terms and Conditions constitute the entire agreement between you and KidsActivityAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
© 2018 KidsActivityAdvisor, LLC. All rights reserved.