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This privacy policy will help you understand how [KinActive Kids] uses and protects the data you provide to us when you visit and use [KinActiveKids.com or Zoom conference services]
We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
When you visit the website, we may collect and store the following data if you voluntarily submit it:
We are collecting your data for several reasons:
KinActive Kids is committed to securing your data and keeping it confidential. SquareSpace has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online.
KinActive Kids does not use Cookies
Terms and conditions template by WebsitePolicies.com
Our website contains links that lead to other websites and or payment services such as Stripe. If you click on these links KinesioKids is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.
At some point, you might wish to restrict the use and collection of your personal data. You can achieve this by doing the following:
Unsubscribe from the mailing list from Mailchimp or If you have already agreed to share your information with us, feel free to contact us via email and we will be more than happy to remove your email and other contact information from our file.
KinesioKids will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.
For more details on the safety of your information on Zoom, please review their privacy policy:
SITE TERMS AND CONDITIONS OF USE
1. User’s Acknowledgment and Acceptance of Terms
KinActive Health, LLC (referred to as “us” or “we”) provides the https://kinactivekids.com site
and various related services (together referred to as this “site”) subject to your compliance with all
the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as
any other written agreement between us (or your company). In addition, when using particular
services or materials on this site, users shall be subject to any posted guidelines or rules applicable
to such services or materials that may contain terms and conditions in addition to those in these
Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms
of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU
AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE
BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR
REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES,
CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS
TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF
USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE
OF THIS SITE.
These Terms of Use are effective as of the date in which you subscribe to or purchase classes,
videos or other such materials through the website. We reserve the right to change these Terms of
Use from time to time without notice to you. You acknowledge and agree that it is your
responsibility to review this site and these Terms of Use periodically and to be aware of any
modifications. Your continued use of this site after such modifications will constitute your
acknowledgment of the modified Terms of Use and agreement to abide and be bound by the
modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes
(without limitation) all parties involved in creating, producing, and/or delivering this site and/or
its contents, including but not limited to any companies branded as “KinActive.”
2. Description of Services
We make various services available on this site including, but not limited to, video-based
prerecorded or live classes or trainings involving physical therapy, chiropractic’s, wellness or
related content that can be accessed through the website. Fees for the various services are set out
in the membership and service fees described elsewhere in this site. You are solely responsible
for providing, at your own expense, all equipment necessary to use the services, including a
computer and modem; and your own Internet access (including payment of telephone service fees
associated with such access).
We reserve the sole right to either modify or discontinue the site, including any features therein,
at any time with or without notice to you. We shall not be liable to you or any third party should
we exercise such right. Modifications may include, but are not limited to, changes in the pricing
structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any
new features that augment or enhance the then-current services on this site shall also be subject to
these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site
may occur as normal events. You further understand and agree that we have has no control over
third party networks you may access in the course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we
assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
3. Registration Data and Privacy
In order to access some of the services on this site, you will require a separate account and
password that can be obtained by completing our online registration form, which requests certain
information and data (“Registration Data”) and maintaining and updating your Registration Data
as required. By registering, you agree that all information provided in the Registration Data is true
and accurate and that you will maintain and update this information as required in order to keep it
current, complete and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The
information we obtain through your use of this site, including your Registration Data, is subject to
our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
4. Payment of Fees
If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees
associated with such service. For all charges for services on this site, we will bill your credit card.
Recurring charges are billed in advance of service. You agree to provide us with accurate and
complete billing information, including valid credit card information, your name, address and
telephone number, and to provide us with any changes in such information within seven days of
the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you
agree that we may, at our option, suspend or terminate your subscription to the service and require
you to pay the overdue amount by other means acceptable to us. We may charge a fee for
reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue
charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all
expenses incurred to recover sums due, including attorney fees and other legal expenses.
5. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you
are solely responsible for the contents of your communications through the site. By posting
information in or otherwise using any communications service, chat room, message board,
newsgroup, software library, or other interactive service that may be available to you on or through
this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate
distribution of any content — including text, communications, software, images, sounds, data, or
other information — that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions
or accounts of sexual acts (including but not limited to sexual language of a violent or
threatening nature directed at another individual or group of individuals), or otherwise
violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or
other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also
known as “spamming”), chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized access to any data
or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or
representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted
by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted
by users of communications services, chat rooms, message boards, newsgroups, software libraries,
or other interactive services that may be available on or through this site. However, we and our
agents have the right at their sole discretion to remove any content that, in our judgment, does not
comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise
harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing
such content. You hereby consent to such removal and waive any claim against us arising out of
such removal of content. See “Use of Your Materials” below for a description of the procedures
to be followed in the event that any party believes that content posted on this site infringes on any
patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain
unauthorized access to another network or server. Not all areas of the site may be available to you
or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment
of the site or other similar services. Users who violate systems or network security may incur
criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without
prior notice to you for violating any of the above provisions. In addition, you acknowledge that
we will cooperate fully with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in investigating suspected criminal
violations.
6. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information,
documents, software, materials and/or services provided by other parties. These sites may contain
information or material that some people may find inappropriate or offensive. These other sites
and parties are not under our control, and you acknowledge that we are not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites,
nor are we responsible for errors or omissions in any references to other parties or their products
and services. The inclusion of such a link or reference is provided merely as a convenience and
does not imply endorsement of, or association with, the site or party by us, or any warranty of any
kind, either express or implied.
7. Third Party Use of Materials
a. No Third-Party Use for Economic Gain
ANY USER OF MATERIALS PROTECTED UNDER THIS AGREEMENT SHALL NOT USE
MATERIALS FOR A NON-USER THIRD PARTY. SPECIFICALLY, OTHER SERVICE
PROVIDERS MAY NOT USE THESE MATERIALS IN THE COURSE OF TREATMENT OF
THEIR OWN PATIENTS, AFFILIATES OR RELATED PARTIES WITHOUT EXPRESS
WRITTEN PERMISSION. THESE MATERIALS MAY NOT BE USED BY PARTIES OTHER
THAN THE PURCHASING PARTY FOR THEIR OWN PERSONAL USE. ANY USE OF
THESE MATERIALS IN VIOLATION OF THIS SECTION WILL BE SUBJECT TO
IMMEDIATE TERMINATION OF THEIR SUBSCRIPTION OR ACCESS TO CONTENT
AND MATERIALS WITH NO REFUND. FURTHER, IF IT IS DISCOVERED THAT THESE
MATERIALS ARE BEING OR HAVE BEEN USED FOR ECONOMIC BENEFIT, LEGAL
ACTION WILL BE TAKEN.
b. Non-Solicitation
Any users of the materials provided by this site shall not engage in the solicitation of other users
through any means herein provided, such as chat forums, posting boards, messaging or other
communications between users. This non-solicitation shall extend to third party sites such as
Facebook, Instagram, or the use of contact information obtained through interaction on this site or
through the Company regarding phone numbers or emails. Specifically, it is contemplated that
therapists or service providers not employed by (regular employment, part-time employment,
contractors or authorized affiliates) or previously employed by the Company are prohibited from
soliciting business from other users. The terms of Section 7(a) shall also apply.
7. Intellectual Property Information
Copyright (c) 2023 KinActive Health, LLC All Rights Reserved.
Copyright (c) 2023 KinActive Kids, LLC All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, communications,
software, photos, video, graphics, music, sounds, and other material and services that can be
viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and
other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on
this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights
and laws, and is the sole property of KinActive Health, LLC and/or its Affiliates. You are only
permitted to use the content as expressly authorized by us or the specific content provider. Except
for a single copy made for personal use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents or information from this site in any form or by
any means without prior written permission from us or the specific content provider, and you are
solely responsible for obtaining permission before reusing any copyrighted material that is
available on this site. Any unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials”
below for a description of the procedures to be followed in the event that any party believes that
content posted on this site infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of KinActive Health, LLC
or its Affiliates: KinActive Kids, LLC. All custom graphics, icons, logos and service names are
registered trademarks, trademarks or service marks of KinActive Health, LLC or its Affiliates. All
other trademarks or service marks are property of their respective owners. Nothing in these Terms
of Use grants you any right to use any trademark, service mark, logo, and/or the name of KinActive
Health, LLC or its Affiliates.
Certain of the ideas, software and processes incorporated into the KinActive Kids, LLC service
that is available on this site are protected by patent applications pending in the United States, and
we intend to prepare and file additional patent applications in selected foreign jurisdictions.
8. User’s Materials
Subject to our Privacy Policy, any communication or material that you transmit to this site or to
us, whether by electronic mail or other means, for any reason, will be treated as non-confidential
and non-proprietary. While you retain all rights in such communications or material, you grant us
and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy,
distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for
any purpose regardless of the form or medium (now known or not currently known) in which it is
used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed
in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please
do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user
of this site believes its copyright, trademark or other property rights have been infringed by a
posting on this site, you or the user should send notification to our Designated Agent (as identified
below) immediately. To be effective, the notification must include:
(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;
(c) Information reasonably sufficient to permit us to contact the complaining party,
such as address, telephone number and, if available, an electronic mail address at which
the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to
infringing activity and that is to be removed and information reasonably sufficient to permit
us to locate the materials;
(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, 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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent
for Notice of claims of copyright infringement can be reached as indicated below. Service of
repeat infringers of copyright or of users about whom repeat claims of copyright infringement are
received will be terminated.
Designated Agent for Claimed Infringement:
Peabody Law Firm, PLLC
General Counsel for KinActive Health, LLC
1205 S. White Chapel Blvd. Suite 100
Southlake, Texas 76092
contact@peabodylawfirm.com
peabodylawfirm.com
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement,
we may immediately remove the identified materials from our site without liability to you or any
other party and that the claims of the complaining party and the party that originally posted the
materials will be referred to the United States Copyright Office for adjudication as provided in the
Digital Millennium Copyright Act.
9. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE
MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR
OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF
ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions
with other users and vendors. You acknowledge that all transactions relating to any merchandise
or services offered by any party, including, but not limited to the purchase terms, payment terms,
warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to
solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO
WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN
CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH
TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A
THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR
ANY OTHER OF OUR AFFILIATES.
Before purchasing products and services on or through this site, review our Sales Terms and
Conditions, which are incorporated by reference into these Terms of Use.
Content available through this site often represents the opinions and judgments of an information
provider, site user, or other person or entity not connected with KinActive Health, LLC. We do
not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or
statement made by anyone other than an authorized KinActive Health, LLC spokesperson speaking
in his/her official capacity. Please refer to the specific editorial policies posted on various sections
of this site for further information, which policies are incorporated by reference into these Terms
of Use.
In addition, the materials on this site may include sample or form agreements, letters or other
documents, including financially or legally significant documents such as contracts and other items
(“Forms”). These Forms are provided solely as examples of typical documents of their kind, and
the delivery and use of Forms does not constitute legal, accounting or other professional advice.
Under no circumstances will KinActive Health, LLC or its Affiliates be liable for any loss or
damages caused by your reliance on information or advice obtained through this site, including
your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or
usefulness of any information, opinions, advice, Forms or other content available on or through
this site. In particular, you are urged to consult an appropriate professional licensed in your
jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other
professional advice or information obtained on or through this site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of
Use and your use of this site shall be limited to the amount you paid us for the services on the site
during the three month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND
SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT
LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
11. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless
from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or
misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers showing their products on
this site. Any such correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail Services
We may make e-mail services available to users of our site, either directly or through a third-party
provider.
We will not inspect or disclose the contents of private e-mail messages except with the consent of
the sender or the recipient, or in the narrowly-defined situations provided under the Electronic
Communications Privacy Act, or as other required by law or by court or governmental order.
Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass
unsolicited mailings (also known as “spam”) and/or other types of electronic communications that
we deem inconsistent with our business purposes. However, such devices or techniques are not
perfect, and we will not be responsible for any legitimate communication that is blocked, or for
any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage
space, we may employ automated devices that delete or block e-mail messages that exceed the
limit. We will not be responsible for such deleted or blocked messages.
14. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services
available on our site, including without limitation the maximum number of days that uploaded
content will be retained on the site, the maximum disk space that will be allotted or our servers on
your behalf, and the maximum number of times (and the maximum duration for which) you may
access the services in a given period of time. You agree that we have no responsibility or liability
for the deletion or failure to store any content maintained or transmitted on or through this site.
You acknowledge that we reserve the right to log off accounts which have not paid a subscription
fee that are inactive for an extended period of time. You further acknowledge that we reserve the
right to change these general practices and limits at any time, in our sole discretion, with or without
notice.
We provide storage space and access for material through our site. For purposes of these Terms
of Use, “material” refers to all forms of communication that we may allow, including narrative
descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings. You may not use this site to publish material
that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which
violates the restrictions described in “Your Conduct on the Site” above. We will not routinely
monitor the contents of your online portfolio. You are solely responsible for any information
contained in your online portfolios. However, if complaints are received regarding language,
content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the
images hosted on our servers and terminate your Web hosting service. We may also suspend the
account, restrict access to it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared
network resources by one user may have a negative impact on all other users. Misuse of network
resources in a manner that impairs network performance, including excessive consumption of CPU
time, memory, disk space, and session time, is prohibited and may result in termination of your
account or limitation of your activities.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency
data storage facility. Although we take reasonable precautions to preserve and protect the material
you upload to the site, you should not rely on the site as your only storage facility. You should
preserve backup copies of any digital data, information or other materials that you have uploaded.
You agree not to hold us for any damage to, any deletion of or any failure to store your files, data
or Registration Data.
15. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and
for any and all statements made and acts or omissions that occur through the use of your password
and account, including any mail sent and any charges incurred. Therefore, you must take steps to
ensure that others do not gain access to your password and account. Our personnel will never ask
you for your password. You may not transfer or share your account with anyone, and we reserve
the right to immediately terminate your account in the event of any unauthorized transfer or sharing
thereof.
16. Export Controls
Software available on or through this site is subject to United States Export Controls. No software
from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b)
anyone on the United States Treasury Department’s list of Specially Designated Nationals or the
United States Commerce Department’s Table of Deny Orders. By downloading or using the
software, you represent and warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
17. International Use
Although this site may be accessible worldwide, we make no representation that materials on this
site are appropriate or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose to access this site
from other locations do so on their own initiative and are responsible for compliance with local
laws. Any offer for any product, service, and/or information made in connection with this site is
void where prohibited.
18. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of
the site with or without notice and for any reason, including, without limitation, breach of these
Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services
available on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and files in your account
and/or bar any further access to such files or this site. We shall not be liable to you or any third
party for any claims or damages arising out of any termination or suspension or any other actions
taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as
well as your liability for any unpaid fees, shall survive any termination.
19. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Texas,
United States of America. It can be accessed from all 50 states, as well as from other countries
around the world. As each of these places has laws that may differ from those of Texas, by
accessing this site both of us agree that the statutes and laws of the State of Texas , without regard
to the conflicts of laws principles thereof and the United Nations Convention on the International
Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products
and services available through this site. Each of us agrees and hereby submits to the exclusive
personal jurisdiction and venue of the Superior Court of Tarrant County and the United States
District Court for the Northern District with respect to such matters.
20. Notices
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.
Notices to us must be sent to the attention of Customer Service at hello@kinactivekids.com, if by
e-mail, or at KinActive Health, LLC, 1205 S. White Chapel Blvd. Suite 200, Southlake, Texas
76092 if by conventional mail. Notices to you may be sent either to the e-mail address supplied
for your account or to the address supplied by you as part of your Registration Data. In addition,
we may broadcast notices or messages through the site to inform you of changes to the site or other
matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be deemed delivered to the party
receiving such communication (a) on the delivery date if delivered personally to the party; (b) two
business days after deposit with a commercial overnight carrier, with written verification of
receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested;
(d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if
transmitted by confirmed e-mail.
21. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us
concerning the subject matter hereof and supersedes all prior agreements and understandings of
the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or
amended by the use of any other document(s). Any attempt to alter, supplement or amend this
document or to enter an order for products or services which are subject to additional or altered
terms and conditions shall be null and void, unless otherwise agreed to in a written agreement
signed by you and us. To the extent that anything in or associated with this site is in conflict or
inconsistent with these Terms of Use, these Terms of Use shall take precedence.
22. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and
attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted
with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any thing party, and
any purported attempt to do so shall be null and void. We may free assign our rights and
obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any
portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery
or delay in delivery of products and services available through our site arising from any
event beyond our reasonable control, whether or not foreseeable by either party, including but not
limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our reasonable control, whether
or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall
not constitute a waiver of that right or provision.
23. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by
KinActive Health, LLC, a Texas limited liability company, located at 1205 S. White Chapel Blvd.
Suite 200, Southlake, Texas 76092. Our telephone number is 817-224-2202. Our email address is
hello@kinactivekids.com.