Terms & Conditions

Welcome to Kid Power. Please read these Terms of Use (“Terms” or “Agreement”) carefully. Kid Power (“we”, “us,” or “our”) owns and operates the Kid Power website https://www.gokidpower.org/ (“the Site”).

These Terms of Service establish an agreement (the “Agreement”) between you and Kid Power. By using the Site, you (“user,” “you,” or “your”) agree to comply with the terms in this Agreement.

This Agreement allows for use of the Site. In browsing, linking,  accessing, and/or downloading information from the Site, you represent that you have read, understood, and agree to comply with the terms, conditions, and notices in this Agreement. 

This Agreement establishes the entire agreement between you and Kid Power with regard to use of the Site. This Agreement supersedes all prior and/or contemporaneous agreements between Kid Power and you in relation to the Site.

In using the Site, you are subject to our Privacy Policy. Please review and refer to the Privacy Policy for information on how we protect, collect, use and disclose information from our users. You understand and agree that by accepting the terms of this Agreement, you agree to the terms set forth in our Privacy Policy.

We may revise and update the Agreement at any time. Modifications to the terms will be posted on the Site and you may also be notified of any changes through other communications as required by law. In your continued use of the Site, you agree to be bound by future revisions of the Agreement. If you don’t agree to be bound by future revisions of the Agreement, you may not use the Site any longer.

Kid Power owns this Site, including its Content and related services. Kid Power owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within the database associated with the Site.  This material is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the aforementioned content is copyrighted material and is protected by the Copyright Act of 1976. You may not modify, copy, distribute, republish, license, monetize, create derivative versions or works, or otherwise use any Content you access through our Site without prior written consent from Kid Power.  

With this Agreement, you acknowledge that all trademarks, service marks, logos, as well as all images, video, music, and works of authorship, and other materials that we make available through the Site are owned by or licensed to Kid Power and are protected by copyright and other intellectual property rights, and that you have no rights to modify, copy, distribute, republish, license, monetize, or create derivative versions or works. 

In compliance with the terms and conditions set forth in this Agreement, we grant you  limited, non-exclusive, non-transferable, and revocable rights to access, use and link to the Site, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited rights expressly granted in the preceding sentence. No licenses or rights are granted to you by the terms of this Agreement with respect to any articles or materials which may be accessed by clicking on a third-party link on our Site. 

Permission to modify or redistribute Content or Materials for commercial purposes must be requested by contacting:

Classroom Champions
ATTN: Kid Power
7901 4th St
STE 4274
St. Petersburg, FL 33702
hello@gokidpower.org

You are responsible for using the Site according to the terms specified in this Agreement.

You agree to abide by all applicable laws and regulations. Furthermore, you will not use the Site to: 

• Transmit, post or upload content that is unlawful, harmful, threatening, invasive, defamatory, disrespectful, harassing, vulgar, libelous, hateful, or racially, ethnically or otherwise objectionable;
• Disassemble, overburden, impair or alter the functionality or performance of the Site;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Site;
• Upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
• Attempt to probe, scan, or test the vulnerability of the Site or any system or network operated by us;
• Breach, impair, circumvent, disable, damage or otherwise interfere with security-related features or authentication measures on the Site or protecting the Site 
• Breach, impair, circumvent, disable, damage or otherwise interfere with the Site or any system, data, or network operated by us; 
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 
• Resell, decompile, reverse engineer, disassemble, or otherwise convert the software underlying the Sites; or Monitor the Site’s availability, performance, or functionality for any competitive purpose, or develop a competing product or service using the Content available on the Site; or
• Intentionally or unintentionally violate any applicable law.

Any unauthorized use of the Site or its Contents may subject you to liability, result in the termination of your use of the Site, and/or further investigation into the violations of this Agreement or conduct that affects the Site. 

Kid Power may revise, modify or otherwise change this Site, in whole or in part, without prior notice to you and in its sole discretion.

The Site may contain links to other websites or resources as a convenience to you. The content of such linked third-party website and resources are not maintained by us. Therefore, we are not responsible for the content, products, services, activities or policies on or available from those websites or resources. You acknowledge that we shall not be held responsible or liable for any content or information from a third-party website or resource. You also acknowledge that we shall not be held responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website or website. The inclusion of links to any third-party website or resource does not imply endorsement from Kid Power.

You may hyperlink to the home page of https://.gokidpower.org/ from any Acceptable Site (as defined below), provided you abide by the following conditions:

• The hyperlink to the Site is not used in a way that suggest that Kid Power endorses you or your website or is affiliated with, or sponsors, your website;
• You obtain Kid Power’s prior written approval if you intend to use any logos, trademarks, or copyrighted material for such link;
• The link to the Site is not used or presented in any way that disparages Kid Power or tarnishes, blurs, or dilutes the quality of Kid Power’s name or trademark or any associated goodwill;
• Any link or authorized logo used as a link include appropriate legends or other proprietary notices; and
• You agree that Kid Power may terminate your right to link or hyperlink to the Site at anytime for any reason or for no reason, subject to the terms of this Agreement.

An Acceptable Site is a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or any third party’s intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.

You expressly understand and agree that your use of the Site is at your sole risk. THE SITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. KID POWER MAKES NO WARRANTY THAT THE SITE AND ITS CONTENT DOES NOT INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. KID POWER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO THE CORRECTNESS, ACCURACY, SUITABILITY AND RELIABILITY OF THE SITE OR THE SITE CONTENT, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE. KID POWER HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATION, ALL EXPRESSED OR IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

YOU ASSUME THE ENTIRE COST AND RISK OF USING THE SITE AND THE SITE CONTENTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT KID POWER SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. KID POWER DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT IN NO EVENT SHALL KID POWER, ITS AFFILIATED OR RELATED ENTITIES, INCLUDING CONTENT PROVIDERS, AGENTS, LICENSORS, SERVICE PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE AND ITS CONTENT CONTAINED THEREON, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE KID POWER OR ITS REPRESENTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, KID POWER’s liability is limited to the greatest extent permitted by law.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Kid Power as a result of this Agreement or any use of this Site. You understand and agree to not regard yourself as a representative, agent, or employee of Kid Power. Kid Power shall not be liable for any representation, act or omission made by you.

You shall not assign this Agreement or any of your rights and obligations under this Agreement. This Agreement shall inure to the benefit of Kid Power’s successors, assigns, and licensees.

The Site is operated and provided in accordance the laws of the State of New York.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall, upon written demand of either party served upon the other party, be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  Each party shall, by notice to the other party given within ten (10) days of the date of the written demand referred to above, appoint one person to serve as its party-appointed arbitrator. The persons so appointed shall, within twenty (20) days of the aforementioned written demand, jointly select a neutral arbitrator. If any party fails to appoint a person within the said ten-day period, the other person so appointed shall select the arbitrator.  The parties specifically confer upon the arbitrator the right to direct each of the parties to produce in advance of the hearing whatever documents and other information the arbitrators deem appropriate. Requests for additional discovery shall be governed by and decided in accordance with New York law. The parties hereby agree that the arbitrators shall not have authority to award punitive damages. The arbitration shall take place in New York, New York unless the parties mutually agree to another location.

If any term or provision of this Agreement is unlawful, void or unenforceable for any reason, the remaining portions of this Agreement shall not be affected and shall remain in effect and enforceable to the maximum possible extent.

All waivers must be in writing, and failure at any time to require the other party’s performance of any obligation under this Agreement shall not affect the right subsequently to require performance of that obligation. No waiver of any breach of any provision of this Agreement shall be construed as a waiver of any continuing or succeeding breach of the provision or a waiver or modification of the provision.

Welcome to Kid Power. Please read these Terms of Use (“Terms” or “Agreement”) carefully. These Terms govern the use of the active.gokidpower.org website (the “Site”), mobile pages, and delivery of videos (collectively, the “Services”), owned and operated by Kid Power (“we”, “us” or “our”).

These Terms of Service establish an agreement (the “Agreement”) between you and Kid Power. By using the Site, you (“user,” “you,” or “your”) agree to comply with the terms in this Agreement.

This Agreement offers users (i) use of the Site and (ii) the ability to provide feedback and/or other material to Kid Power. In browsing, linking,  accessing, and/or downloading information from the Site, you represent that you have read, understood, and agree to comply with the terms, conditions, and notices in this Agreement. 

If you enter into this Agreement on behalf of an educational institution (an “Institution”), you represent that you have the necessary permissions from the Institution to bind that Institution to this Agreement. If you do not have the necessary permissions, or if you do not agree with any of these terms, then you may not use the Site and/or Services.

This Agreement establishes the entire agreement between you and Kid Power with regard to use of the Site. This Agreement supersedes all prior and/or contemporaneous agreements between Kid Power and you in relation to the Site.

We may revise and update the Agreement at any time. Modifications to the terms will be posted on the Site and you may also be notified of any changes through other communications as required by law. In your continued use of the Site, you agree to be bound by future revisions of the Agreement. If you don’t agree to be bound by future revisions of the Agreement, you may not use the Site any longer.

Kid Power owns this Site, including its Content and related services.  Kid Power owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within the database associated with the Site.  This material is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the aforementioned content is copyrighted material and is protected by the Copyright Act of 1976.You may not modify, copy, distribute, republish, license, monetize, create derivative versions or works, or otherwise use any Content you access through our Site without prior written consent from Kid Power.  

With this Agreement, you acknowledge that all trademarks, service marks, logos, as well as all images, video, music, and works of authorship, and other materials that we make available through the Site are owned by or licensed to Kid Power and are protected by copyright and other intellectual property rights, and that you have no rights to modify, copy, distribute, republish, license, monetize, or create derivative versions or works. 

In compliance with the terms and conditions set forth in this Agreement, we grant you  limited, non-exclusive, non-transferable, and revocable rights to access, use and link to the Site, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited rights expressly granted in the preceding sentence. No licenses or rights are granted to you by the terms of this Agreement with respect to any articles or materials which may be accessed by clicking on a third-party link on our Site. 

Permission to modify or redistribute Content or Materials for commercial purposes must be requested by contacting:

Classroom Champions
Attn: Kid Power
7901 4th St
STE 4274
St. Petersburg, FL 33702
hello@gokidpower.org

You are responsible for using the Site according to the terms specified in this Agreement. You understand and agree that that you are responsible for your activity on the Site and with the Services and all activities that occur under your account, whether or not you have authorized such activities or actions.  

Certain portions of the Services are restricted to registered users.  You are required to provide your name, e-mail, zip code, organization name, and other personally identifiable information (“Personal Information”) in order to create an account with us (an “Account”). 

Registration and Security: By the terms of this Agreement, when you create an Account, you agree to:

• Only provide information that is accurate, complete, up-to-date, and solely yours.
• Take responsibility for safeguarding and maintaining the confidentiality of the password. 
• Notify us immediately if you know or suspect that an unauthorized person is using your password or your Account. We recommend you do not use a public computer to access the Site or use our Services. We also recommend that you do not store your password through your web browser or other software.
• Implement sufficient protection and security mechanisms to satisfy your particular requirements for anti-virus protection. In no event shall Kid Power be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of the Services or to your downloading of any material posted on it, or on any third-party website linked to it.

Your Responsibilities: For parents, legal guardians and educators, you are responsible for all activity that occurs under your Account, and the Account of your child or the students for whom you authorize access. By the terms of this Agreement, when you create an Account, you agree to:

• Only provide information that is accurate, complete, up-to-date, and soley yours.
• Take responsibility for safeguarding and maintaining the confidentiality of the usernames and password(s) under your account. 
• Notify us immediately if you know or suspect that an unauthorized person is using your password or your Account.
• Medical advice from a qualified professional should be sought and followed by the parent or legal guardian of a child before they participate in Kid Power. Do not allow a child to use content in Kid Power if a child has a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided with Kid Power. If at any time You feel a child is exercising beyond their current fitness abilities, or a child feels discomfort, pain, dizziness, or nausea, they should discontinue exercising immediately. Nothing on Kid Power (or any content therein) is intended to be medical or professional advice or care.

You agree to abide by all applicable laws and regulations. Furthermore, you will not use the Site or Services to: 

• Transmit, post or upload content that is unlawful, harmful, threatening, invasive, defamatory, disrespectful, harassing, vulgar, libelous, hateful, or racially, ethnically or otherwise objectionable;
• Disassemble, overburden, impair or alter the functionality or performance of the Site;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Site;
• Upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
• Attempt to probe, scan, or test the vulnerability of the Site or any system or network operated by us;
• Breach, impair, circumvent, disable, damage or otherwise interfere with security-related features or authentication measures on the Site or protecting the Site 
• Breach, impair, circumvent, disable, damage or otherwise interfere with the Site or any system, data, or network operated by us; 
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 
• Resell, decompile, reverse engineer, disassemble, or otherwise convert the software underlying the Sites; or Monitor the Site’s availability, performance, or functionality for any competitive purpose, or develop a competing product or service using the Content available on the Site; or
• Intentionally or unintentionally violate any applicable law.

Any unauthorized use of the Site or its Contents may subject you to liability, result in the termination of your use of the Site, and/or further investigation into the voluations of this Agreement or conduct that affects the Site. Kid Power has the right to monitor access to or use of the Services, and if warranted, to investigate conduct that affects the Services and/or violations to this Agreement.

In using the Site and/or Services, you are subject to our Privacy Policy. Please review and refer to the Privacy Policy for information on how we protect, collect, use and disclose information from our users. You understand and agree that by accepting the terms of this Agreement, you agree to the terms set forth in our Privacy Policy. We reserve the right to modify this Privacy Policy in accordance with the procedure outlined therein.

You represent that you understand and agree with all applicable privacy laws with respect to the personally identifiable information collected, stored and maintained through the Services, as well as with all applicable business regulations.

The Services are designed and intended for use by educators to display on a shared classroom screen to their students. We do not collect Personal Information from or about students, and students are not permitted to create accounts.

The term “Account Holders” refers to individuals who are over the age of 12 and who have an account with Kid Power, allowing them to sign into the Mobile Application or Website using their email address and password (“Credentials”). We ask Account Holders for Personal Information when they create a Kid Power account. Personal Information we require may include full name, mailing address, email address, and phone number. This information is combined with year of birth, and additionally school name when registering a Kid Power School account. This information is used to assist Account Holders during their engagement with the Services, inform Account Holders of future related services which may interest them, and request feedback about the Mobile Application or Website. Account Holders can choose to opt-out of such communications (see the “opt-out preferences” disclosure section).

Kids under the age of 13 years old (“Kids” or “Kid”) are not permitted to participate in Kid Power without the approval of their parent, guardian or teacher.

Access to the Kid Power experience is available only with an account that is created by a teacher, parent or legal guardian, or authorized by a parent or legal guardian. The Account Holder may authorize access to children using the account holder’s credentials. You can learn more about our compliance with COPPA by reviewing the related section within our Privacy Policy.

The Site and Services may contain links to other websites or resources as a convenience to you. The content of such linked third-party website and resources are not maintained by us. Therefore, we are not responsible for the content, products, services, activities or policies on or available from those websites or resources. You acknowledge that we shall not be held responsible or liable for any content or information from a third-party website or resource. You also acknowledge that we shall not be held responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website or website. The inclusion of links to any third-party website or resource does not imply endorsement from Kid Power.

Any unauthorized use of the Site or its Contents may subject you to liability, result in the termination of your use of the Site, and/or further investigation into the voluations of this Agreement or conduct that affects the Site. Termination of your access to or use of the Services are at Kid Power’s sole discretion and can be done without notice to you. Users may email hello@gokidpower.org to request deletion of their Account. A deleted Account cannot be recovered. 

In the event of termination, deletion or cancellation, the disclaimers, limitations of liability, ownership provisions and indemnities set forth in this Agreement will survive.

Kid Power may revise, modify or otherwise change this Site, in whole or in part, without prior notice to you and in its sole discretion.

The availability of this Services depends on many factors, including some factors that are beyond Kid Power’s control, such as your connection to the Internet and the Internet backbone. Kid Power shall not be liable to you if you cannot access the Services due to reasons that are beyond Kid Power’s control.

You expressly understand and agree that your use of the Site is at your sole risk. THE SITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. KID POWER MAKES NO WARRANTY THAT THE SITE AND ITS CONTENT DOES NOT INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. KID POWER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO THE CORRECTNESS, ACCURACY, SUITABILITY AND RELIABILITY OF THE SITE OR THE SITE CONTENT, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE. KID POWER HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATION, ALL EXPRESSED OR IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

YOU ASSUME THE ENTIRE COST AND RISK OF USING THE SITE AND THE SITE CONTENTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT KID POWER SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. KID POWER DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT IN NO EVENT SHALL KID POWER, ITS AFFILIATED OR RELATED ENTITIES, INCLUDING CONTENT PROVIDERS, AGENTS, LICENSORS, SERVICE PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE AND ITS CONTENT CONTAINED THEREON, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE KID POWER OR ITS REPRESENTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, KID POWER’s liability is limited to the greatest extent permitted by law.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Kid Power as a result of this Agreement or any use of this Site. You understand and agree to not regard yourself as a representative, agent, or employee of Kid Power. Kid Power shall not be liable for any representation, act or omission made by you.

You shall not assign this Agreement or any of your rights and obligations under this Agreement. This Agreement shall inure to the benefit of Kid Power’s successors, assigns, and licensees.

The Site is operated and provided in accordance the laws of the State of New York.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall, upon written demand of either party served upon the other party, be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  Each party shall, by notice to the other party given within ten (10) days of the date of the written demand referred to above, appoint one person to serve as its party-appointed arbitrator. The persons so appointed shall, within twenty (20) days of the aforementioned written demand, jointly select a neutral arbitrator. If any party fails to appoint a person within the said ten-day period, the other person so appointed shall select the arbitrator.  The parties specifically confer upon the arbitrator the right to direct each of the parties to produce in advance of the hearing whatever documents and other information the arbitrators deem appropriate. Requests for additional discovery shall be governed by and decided in accordance with New York law. The parties hereby agree that the arbitrators shall not have authority to award punitive damages. The arbitration shall take place in New York, New York unless the parties mutually agree to another location.

If any term or provision of this Agreement is unlawful, void or unenforceable for any reason, the remaining portions of this Agreement shall not be affected and shall remain in effect and enforceable to the maximum possible extent.

All waivers must be in writing, and failure at any time to require the other party’s performance of any obligation under this Agreement shall not affect the right subsequently to require performance of that obligation. No waiver of any breach of any provision of this Agreement shall be construed as a waiver of any continuing or succeeding breach of the provision or a waiver or modification of the provision.