Terms of Service
This Terms of Service (“Terms of Service”) is made and entered into, as of the date you click-accept this Terms of Service (“Effective Date”), by and between Commission for Kids, Inc. (“Commission for Kids”) and you, the User who has click-accepted this Terms of Service (“you” or “your”), and is a binding agreement between Commission for Kids and you. Commission for Kids and you are the only parties to this Terms of Service and may be referred to in the singular as a “Party” or in the plural as “Parties”.
BY CLICKING THE “I AGREE” BUTTON, YOU ACKNOWLEDGE AND AGREE THAT (A) YOU HAVE READ AND UNDERSTAND THIS TERMS OF SERVICE; (B) YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE, AND ABLE TO ENTER INTO A LEGALLY BINDING CONTRACT; AND (C) YOU ACCEPT THIS TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THIS TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE ANY PART OF THE SERVICE.
- ADDITIONAL TERMS
- Refund Policy. Commission for Kids does not provide any refunds. Upon cancellation of your Membership or Additional Service, your Membership and/or Additional Service, as applicable, will terminate at the end of your current billing cycle.
- DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES AND LIMITATIONS OF LIABILITY
YOU AGREE THAT THE DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION (I) ARE REASONABLE; (II) REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THIS TERMS OF SERVICE AND YOUR USE OR INABILITY TO USE THE SERVICE; (III) SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (IV) FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMMISSION FOR KIDS; (V) SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE; (VI) ARE FUNDAMENTAL ELEMENTS OF, AND MATERIALLY INDUCED COMMISSION FOR KIDS TO ENTER INTO, THIS TERMS OF SERVICE WITH YOU; AND (VII) SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, BUT SHALL OTHERWISE BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Disclaimers of Representations and Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMISSION FOR KIDS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMMISSION FOR KIDS MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- Limitations of Liability. COMMISSION FOR KIDS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMMISSION FOR KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) AMOUNTS IN EXCESS OF US $100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE OR ANY OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE; (IV) ANY MATTERS BEYOND COMMISSION FOR KIDS’ REASONABLE CONTROL; (V) THE CONTENT, SERVICES, ACTIONS, INACTIONS, OR OMISSIONS OF ANY USER OR THIRD PARTY; OR (VI) ANY WARRANTY DISCLAIMED IN THIS SECTION.
- Governing Law. This Terms of Service shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any action or proceeding to enforce Arbitration or an Arbitration ruling or for an action for injunctive relief, you and Commission for Kids each expressly consent to the (i) venue of Martin County, Florida, USA, and each Party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Martin County, Florida, USA.
- Binding Effect. Except as expressly provided in this Terms of Service, nothing in this Terms of Service will confer any rights or remedies under or by reason of this Terms of Service on any person or entity other than the Parties and their respective successors and permitted assigns.
- No Assignment. You shall not assign this Terms of Service, or any right or obligation pursuant to this Terms of Service, without the prior written consent of Commission for Kids.
- Waiver. The failure or delay of Commission for Kids to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment, or modification shall be effective under any circumstance whatsoever.
- Severability. The determination by any court of competent jurisdiction that any provision of this Terms of Service is not enforceable in accordance with its terms shall not affect the validity or enforceability of the remaining provisions of this Terms of Service.
- Non-Discrimination Policy. Commission for Kids is committed to an inclusive website built on a foundation of trust, safety, and respect, and to a global platform that is open to Users without regard to race, color, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation, or marital status. We expect all Users to demonstrate respect and tolerance in all interactions with other Users—both online and off-line—and we reserve the right to remove anyone from our Website who fails to abide by these principles.
- Independent Contractor. The relationship of the Parties to one another is, and shall at all times remain, solely that of independent contractors. Nothing in this Terms of Service, or any course of performance hereunder, shall create any joint venture, partnership, or franchise or to constitute a Party as principal, agent, master, servant, employer, employee, or fiduciary of the other Party. No Party, nor any of its agents, shall have any express or implied power or authority to act on behalf of the other Party, or to bind the other Party or to incur any form of liability or obligation on behalf of the other Party.
- Arbitration Dispute Resolution. Any controversy, claim, or dispute arising, directly or indirectly, out of this Terms of Service or your use of the Service, including, without limitation, the applicability or scope of these terms to arbitrate, shall be determined by final, binding arbitration (“Arbitration”). The Arbitration shall be administered in English by JAMS pursuant to JAMS’ International Arbitration Rules for three (3) arbitrators (“Rules”). If the Parties are unable to mutually agree on an arbitrator within fifteen (15) days of the notice of arbitration, the arbitrator shall be appointed by JAMS in accordance with the Rules. The venue for the Arbitration will be in Martin County, Florida. The Parties shall maintain the confidential nature of the Arbitration proceedings, hearing and award, except as is necessary (i) to prepare for the Arbitration proceedings and hearing; (ii) to compel Arbitration; (ii) to enforce an Arbitration award; or (iii) for an injunctive relief action. Any Arbitration award or decision will be final and binding on the Parties, and judgment upon any such award may be entered in any court having competent jurisdiction to enforce such an award. Except as otherwise specifically set forth in this Terms of Service, no action at law or in equity based upon any claim relating, directly or indirectly, to this Terms of Service may be instituted in any court by any Party, except: (a) an action to compel Arbitration pursuant to this Section; (b) an action to enforce an award obtained in an Arbitration proceeding in accordance with this Section; or (c) an action for injunctive relief. Any Arbitration relating, directly or indirectly, to this Terms of Service must occur on an individual basis, and class arbitrations and class actions are hereby specifically agreed to as not permitted.
- Jury Trial Waiver. YOU AND COMMISSION FOR KIDS EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS TERMS OF SERVICE OR YOUR USE OF THE SERVICE.
- Injunctive Relief. Notwithstanding the Arbitration obligation set forth above, Commission for Kids will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief in court for any violation of this Terms of Service or your use of the Service, and you hereby expressly waive any objection, in any such equitable action, that Commission for Kids may have an adequate remedy at law.
- Prevailing Party Attorneys’ Fees. In the event of any Arbitration, legal proceeding, or action for injunctive relief arising out of or relating to this Terms of Service or your use of the Service, the prevailing Party in such Arbitration, legal proceeding, or action for injunctive relief shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such Arbitration, legal proceeding, or action for injunctive relief, as well as at all levels of trial and appeal.
- Cumulative Remedies. The rights and remedies set forth in this Terms of Service are cumulative and concurrent and may be pursued separately, successively, or together.
- Agreement to Be Bound and Survival. Your agreement to be bound by this Terms of Service commence on the Effective Date, and your agreement to be so bound will continue until your right to access and use the Service is terminated, subject to the survival of each of the following after such cancellation or termination: Sections 4, 5, and 6 and any other obligation you have to Commission for Kids.
- Time to File Claim. 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 Service or this Terms of Service must be filed within two (2) years after such claim or cause of action arose or be forever barred.
- Counterparts and Electronic Versions. This Terms of Service may be accepted in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. This Terms of Service may be executed in electronic format and/or by click-accepting, each Party reserves the right to only maintain an executed copy of this Terms of Service in electronic form, and each Party hereby agrees that a print-out of such electronic form of this Terms of Service will be deemed an original for all purposes relating to the enforceability of this Terms of Service.