Kid Car NY, LLC Website General Terms and Conditions of Use
Last updated 11/17/06
We offer this website, subject to the following terms and conditions ("Agreement"). Please read this Agreement carefully before using this website. By using this website, you accept the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this website. We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this Agreement. Your use of this website following the posting of any changes constitutes acceptance of those changes.
As used in this Agreement, the terms "we" and "us" mean Kid Car NY, LLC, a Delaware corporation.
You must be at least 13 years of age to use this website. If you are not at least 13 years old, you must not access or use this website.
This website's terms and conditions are directed to residents of the United States.Copyright. Formal notice of copyright ownership appears on the website. All rights reserved. United States and international copyright laws protect all images, text, programs, and other materials found on this website (the "Site Materials"). Any commercial use of any of the Site Materials is prohibited without the express written consent of Kid Car NY, LLC. You agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this website, and acknowledge that you do not acquire any ownership rights by using this website or the Site Materials.
Trademarks. We or our affiliates own registered and certain unregistered marks. Names, logos and other marks identifying our products or services are our or our affiliates' proprietary marks, and are protected by United States and international trademark laws. All other trademarks and service marks used on this website are the trademarks, service marks, or logos of their respective owners.
Privacy. Any personally identifiable data about you which we collect from you on this website, including without limitation, personally identifiable data about you collected during any registration process as described below, is subject to the privacy policy that is applicable to this website. For more information, please carefully review the applicable privacy policy, which is accessible via a link provided at the bottom of the homepage of this website.
Registration. As part of the registration process, you may be asked to select a password. You will be responsible for the confidentiality and use of your password and any club or program identification number and agree not to transfer or resell your use of or access to this website to any third party, except where we and the third party have entered into an agreement to permit such transfer or reselling and you participate in such arrangement. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by sending an email to issue@kidcarny.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY AND ALL ACTIVITIES (INCLUDING RESERVATIONS) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. For more information regarding data security issues, please see the "Data Security" section of the privacy policy accessible via a link provided at the bottom of the homepage of this website.
Code of Conduct.
While using this website and/or the Site Materials, you agree not to:
| • | Restrict or inhibit any other visitor from using this website, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this website; |
| • | Use this website or the Site Materials for any unlawful or unauthorized purpose; |
| • | Express or imply that any statements you make are endorsed by us, without our prior written consent; |
| • | Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); |
| • | Engage in spamming or flooding; |
| • | Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or the Site Materials; |
| • | "Frame" or "mirror" any part of this website without our prior written authorization; |
| • | Tamper in any way with the software or functionality of this website, including, without limitation, transmitting or posting any software or other materials to this website that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information; |
| • | Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents; |
| • | Harvest or collect information about visitors to this website without their express consent; |
| • | Create a database by systematically downloading and storing all or any of the information on this website; or |
| • | Permit others, including those whose accounts were terminated, to access this website or do any of the foregoing acts through your account, username or password. |
In addition, while using this website and/or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.
Links. This website may contain links to other Internet websites and online resources. Links on this website to other websites or resources shall not be construed as endorsement, control, review or approval of such other websites by us. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such website or content. Further, the treatment of user data by the operators of third party websites may be different from our treatment of user data. For details regarding such operators' treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
Use of "Cookies" and Other Tracking Technologies. We may use cookies and other technologies to facilitate and track your use of services offered on this website and in connection with our e-mail communications. For more information on our use of such technology, please see the privacy policy accessible via a link provided at the bottom of the homepage of this website.
Accuracy of Information. Although we strive to ensure the accuracy of the information found on this website, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website.
Disclaimers. WE PROVIDE THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEENYOU AND US WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEENYOU AND US WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEENYOU AND US WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Conflicts. In the event a conflict arises between any information posted on this website, this Agreement, and/or any contract you have with us, the terms of your contract with us will prevail over this Agreement and the information posted on this website, and this Agreement will prevail over information posted on this website.
Limitation of Liability. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:
| 1. | THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS FOUND ON THIS WEBSITE OR HYPERLINKED FROM THIS WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE; | |
| 2. | GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS WEBSITE OR SITE MATERIALS OR OUR ABILITY TO PROVIDE SERVICES OR GOODS IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH, THIS WEBSITE; OR | |
| 3. | LOSS OF SECURITY OF INFORMATIONYOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES. |
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE MATERIALS CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR SITE MATERIALS, AS APPLICABLE.
Indemnification. Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend us, our affiliates, licensees, subcontractors, and agents, and each of our or their officers, directors, and employees, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of this Agreement, including any violation of the Code of Conduct above; and (b) your use of this website and engagement in transactions on this website including, but not limited to, use of the Site Materials.
Availability of this Website. This website is usually available 24 hours a day, 7 days a week. However, we retain the right to make this website unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this website.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to this website should be sent to Andrew McGibbon, CEO, Kid Car NY, LLC, 419 Lafayette St., New York, NY 10003, 212-862-7233, topher.mcgibbon@kidcarny.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Void Where Prohibited. Although this website is accessible worldwide, not all products or services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this website from locations outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Site Materials or products and services available through this website in violation of U.S. export laws and regulations. We, and our affiliates, licensees, suppliers and agents, reserve the right to limit the availability of this website and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, at any time and in our sole discretion.
Applicable Law. Except to the extent expressly provided otherwise herein, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the State of New York in the United States without regard to New York's conflict of law provisions. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. If you are a citizen or resident of the United States, a U.S. commonwealth or a U.S. territory, or if you are accessing this website from the United States, or if a dispute action arises from your access to or use of the U.S. version of this website, you hereby agree that any disputes arising under or in connection with this Agreement, this website, any products and services related to this website and/or the Site Materials shall be submitted for resolution to either the U.S. District Court for the District of New York located in the City of New York or a state court located in New York City in New York, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you are a citizen or resident of Canada and are not a U.S. citizen, you are not accessing this website from the United States, and the dispute is unrelated to your access to or use of the U.S. version of a this website, you hereby agree that any disputes arising under or in connection with this Agreement (including any of our policies referred to herein), this website, any products and services related to this website and/or the Site Materials shall be governed by the laws in force in the Province of Ontario, Canada without regard to conflict of laws; and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario.
This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. If this Agreement is translated into a language other than English, the English version and interpretation shall govern and prevail. All communications between the parties hereunder shall be in English.
Other General Provisions. We reserve the right to immediately terminate your access to and use of this website or any portion thereof, or to eliminate any content, feature or service of this website, at any time and for any reason, with or without cause. Headings found in this Agreement are for reference only. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.
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