|Web Site Usage|
WEB SITE USAGE AGREEMENT BETWEEN USER AND KIDSWHEELS, LLC
List of Restrictions
Neither the Web site nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, reproduced, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. With respect to any software downloaded by you from the Web site, such software, and all elements thereof, are licensed to you by KidsWheels, LLC for your personal use only. You may not modify or prepare derivative works based upon the Web site, or any element thereof, and you may not redistribute, sell, recompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Web site.
Scope of Content
The products and programs mentioned on the Web site are subject to availability.
Reservation of Rights
All rights, titles, and interests in and to this Web site are owned by KidsWheels, LLC. The Web site is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to KidsWheels, LLC. In particular, the KidsWheels logo, the word "KidsWheels". None of the items mentioned herein may be used without the express written consent of KidsWheels, LLC. All rights not expressly licensed hereunder are reserved by KidsWheels, LLC.
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. KIDSWHEELS, LLC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE. KIDSWHEELS,LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KIDSWHEELS, LLC. DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. KIDSWHEELS, LLC MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL KIDSWHEELS, LLC. BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE.
Limit to U.S. and Canadian Users
This Web site is presented by KidsWheels, LLC from within the United States, and KidsWheels, LLC makes no representation that materials in the Web site are appropriate or available for use in locations outside the United States or Canada. Neither the Web site, nor any underlying information or technology, may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq, Libya) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Web site, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Web site.
Modification of These Terms and Conditions
KidsWheels, LLC reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.
General Terms and Conditions
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the State of Texas, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Texas, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Williamson, Texas, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Texas courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and KidsWheels, LLC as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of KidsWheels, LLC and KidsWheels, LLC shall not be liable for any representation, act, or omission of the User.
KidsWheels, LLC performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of KidsWheels, LLC right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by KidsWheels, LLC with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and KidsWheels, LLC with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and KidsWheels, LLC with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will 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.
As a condition of use of this Web site, the User agrees to indemnify KidsWheels, LLC officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from User's use of this Web site, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions. KidsWheels, LLC reserves the right to refuse service at KidsWheels, LLC exclusive discretion without recourse.
KidsWheels, LLC reserves the right to refuse service at KidsWheels sole discretion without recourse.
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