Terms of use
Effective Date: August 11, 2022
Thank you for your interest in Monsey Medical P.C. dba Kids First Medical (“KIDSFIRST,” “we,” or “us”).
By accessing or using any of KIDSFIRST’s internet properties including, without limitation, www.kidsfirstservices.com, mobile websites, microsites, mobile applications, KIDSFIRST profiles on social media sites and any other digital services or properties operated or used, and any others released by KIDSFIRST from time to time (collectively referred to as the “KIDSFIRST Sites”) you agree to comply with and be bound by these Terms of Use (“Terms”), and the KIDSFIRST Privacy Policy (collectively, the “KIDSFIRST User Policies”). Please read these Terms of Use carefully as well as the KIDSFIRST User Policies. If you do not agree to this Terms of Use or the KIDSFIRST User Policies, you must immediately terminate use of the KIDSFIRST Sites.
1. Your Acceptance; Revisions to Terms of Use. We reserve the right to change these Terms from time to time. Please check these Terms periodically for changes. Your use of the KIDSFIRST Sites or KIDSFIRST services after these Terms have been modified or your acceptance has been indicated, as applicable, indicates your acceptance of the revised Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. The KIDSFIRST Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms constitute a legally binding agreement between you and the KIDSFIRST regarding your use and access to the KIDSFIRST Sites. By using the KIDSFIRST Sites, you agree to the Terms.
2. License Grant. The KIDSFIRST Sites are owned by KIDSFIRST. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the KIDSFIRST Sites conditioned on your continued acceptance and compliance with these Terms. You may use the KIDSFIRST Sites and the KIDSFIRST Content (as defined in Section 3) for your noncommercial personal use and for no other purpose. KIDSFIRST reserves the right to bar, restrict or suspend any user’s access to the KIDSFIRST Sites, and/or to terminate this license at any time for any reason. KIDSFIRST reserves any rights not explicitly granted in these Terms.
3. Proprietary Rights. The content of the KIDSFIRST Sites includes, without limitation, (i) KIDSFIRST‘s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “ KIDSFIRST Marks”); and (ii) information, data, materials, interfaces, computer code, data, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, online course(s) and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the KIDSFIRST Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “ KIDSFIRST Content”). KIDSFIRST Content is the property of KIDSFIRST, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any KIDSFIRST Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from KIDSFIRST. For reprint requests, please use the KIDSFIRST Contact Information below. Any use of KIDSFIRST’s name or likeness without KIDSFIRST ‘s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the KIDSFIRST Content, including any such notices appearing on any KIDSFIRST Content.
4. No Legal Advice and Disclaimer as to Accuracy of Information. The information contained in the KIDSFIRST Sites and KIDSFIRST Content are for informational purposes only and may or may not reflect the most current legal or medical developments; accordingly, information on the KIDSFIRST Sites is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal and medical advice must be tailored to the specific circumstances of each case, nothing provided on the KIDSFIRST Sites or the KIDSFIRST Content should be used as a substitute for advice of competent counsel or medical professional. The materials on the KIDSFIRST Sites and KIDSFIRST Content do not constitute legal or medical advice and do not necessarily reflect the opinions of KIDSFIRST. You acknowledge and agree the KIDSFIRST shall not be liable to you or any other party for any act or failure to act relating thereto, in addition to the limitation of liability claims contained in this Terms of Use.
5. Privacy Policy. For information about KIDSFIRST ‘s data protection practices and KIDSFIRST ‘s use and protection of your personal information, please read the KIDSFIRST’s Privacy Policy which is incorporated into and made a part of these Terms.
6. Click-Through Agreements. Before using certain areas of the KIDSFIRST Sites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
7. Feedback. You may provide input and suggestions, enhancement requests, recommendations, corrections or other feedback regarding the KIDSFIRST service(s) (“Feedback”). You acknowledge and agree that the Feedback is not Confidential Information, shall become the sole and exclusive property of KIDSFIRST, and KIDSFIRST is entitled to the unrestricted use and dissemination of the same for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the KIDSFIRST Sites and not interfere with the use and enjoyment of the KIDSFIRST Sites by other users or with KIDSFIRST’s operation and management of the Sites. You further warrant that your use of the KIDSFIRST Sites and of any data input into or generated by the KIDSFIRST Sites shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the KIDSFIRST Sites, including, without limitation, information required to be provided through an online KIDSFIRST registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, KIDSFIRST reserves the right to terminate your access and use of the KIDSFIRST Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the KIDSFIRST Sites, or defame or otherwise harm any party through your use of the KIDSFIRST Sites.
In addition, you also agree that you will not use the KIDSFIRST Sites to:
a. upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:
i. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information);
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
iv. includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
v. includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Systematically retrieve data or other content from the KIDSFIRST Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
vi. includes any viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the KIDSFIRST Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the KIDSFIRST Site;
vii. includes any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
viii. attempt to bypass any measures of the KIDSFIRST Site designed to prevent or restrict access to the Site, or any portion of the Site;
ix. Copy or adapt the KIDSFIRST Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
b. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the KIDSFIRST Site, or using or launching any unauthorized script or other software;
c. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
d. Make any unauthorized use of the KIDSFIRST Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
e. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the KIDSFIRST Site to you;
f. Engage in unauthorized framing of or linking to the KIDSFIRST Site;
g. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the KIDSFIRST Site or our users and vendors;
h. intentionally disrupt or interfere, whether directly or indirectly, with the KIDSFIRST Sites in any manner that may adversely affect KIDSFIRST or any user of the KIDSFIRST Sites: and
i. intentionally or unintentionally violate any applicable local, state, national or international law.
9. User-Generated Content. KIDSFIRST welcomes your views, comments and other communications, pictures, track back URLs, or videos on our KIDSFIRST Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User- Generated Content”). By contributing User-Generated Content to any of the KIDSFIRST Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant KIDSFIRST a nonexclusive license to display, reproduce, transmit, modify such User-Generated Content and that KIDSFIRST may use the User-Generated Content for internal and external marketing purposes. You are solely responsible for the User-Generated Content you submit. If you believe any User-Generated Content infringes on your proprietary rights, contact KIDSFIRST as identified in these Terms. KIDSFIRST does not approve, endorse, or adopt any User-Generated Content, and KIDSFIRST assumes no liability for any User-Generated Content submitted by you or others. You agree to indemnify KIDSFIRST against all claims and liabilities resulting from User-Generated Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the KIDSFIRST Sites. Please note that other participants may use posted information beyond the control of KIDSFIRST. All User-Generated Content is read at your own risk, and KIDSFIRST recommends that you not rely on the information or advice in any of these postings.
KIDSFIRST retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. KIDSFIRST also retains the right to ban or block a user from posting on KIDSFIRST social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.
You acknowledge, consent and agree that KIDSFIRST may access, preserve and disclose your account information and the User-Generated Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of KIDSFIRST to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of KIDSFIRST, its users and the public.
10. Third Party Information. The KIDSFIRST Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content, or other information made available by third parties such as content providers and other users of the KIDSFIRST Sites are those of the respective third party and not of KIDSFIRST or its affiliates. KIDSFIRST makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.
Your interactions with entities or individuals accessible on or through KIDSFIRST or KIDSFIRST Sites, including delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for exercising caution, discretion, common sense, and judgment in using the KIDSFIRST service or third-party services and disclosing personal information. You agree that KIDSFIRST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the KIDSFIRST service, or between users and any third party, you understand and agree that KIDSFIRST is under no obligation to become involved or in any way assist in the resolution of such dispute. In the event that you have a dispute with one or more other users, you hereby release KIDSFIRST, its officers, employees, agents, and successors in interest from claims, demand, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the KIDSFIRST service or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Regardless of whether you are a California resident, you waive any claims based on statutes, common law principles, or other applicable laws similar to the substance of California Civil Code Section 1542. Use of the internet and the KIDSFIRST Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the KIDSFIRST Sites over the internet or other communication network. KIDSFIRST shall not be obligated to correct or update the KIDSFIRST Sites, the KIDSFIRST Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the KIDSFIRST Sites.
11. Advertisers. KIDSFIRST allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the KIDSFIRST Site and any services provided on the KIDSFIRST Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the KIDSFIRST Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
12. Links to Websites, Content, Sharing of Content. Links posted by third parties to the KIDSFIRST Sites may not use the KIDSFIRST trademark or logo and shall not suggest that KIDSFIRST promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the KIDSFIRST Sites shall be the responsibility of the linking party. KIDSFIRST reserves the right to require any linking party to disable or remove any link that violates KIDSFIRST’s policies, rights, or causes interruption or deterioration of KIDSFIRST Content.
13. Sharing of Content. You may download, copy, or embed KIDSFIRST Content and other downloadable items displayed on the KIDSFIRST Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any KIDSFIRST Content for any purpose other than personal use is expressly prohibited without prior written permission from the KIDSFIRST. To request this permission, please contact the Reprints, Licensing & Permission page or the copyright holder identified in the copyright notice contained in the KIDSFIRST Content. KIDSFIRST reserves the right to require any party sharing KIDSFIRST Content to disable or remove the content should its use violate KIDSFIRST’s policies, rights, or cause interruption or deterioration of KIDSFIRST Content.
14. Warranties Disclaimed. The KIDSFIRST Sites and KIDSFIRST Content are provided “as is” and “as available.” Neither KIDSFIRST, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively “KIDSFIRST parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the KIDSFIRST Sites or KIDSFIRST Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the KIDSFIRST Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the KIDSFIRST Sites will meet your expectations; or (iv) KIDSFIRST Content will remain unchanged or accessible on the KIDSFIRST Sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the KIDSFIRST Sites or KIDSFIRST Content is to cease using the KIDSFIRST Sites and KIDSFIRST Content.
15. Exclusion of and Limitation of Liability. The KIDSFIRST Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the KIDSFIRST Sites and/or any KIDSFIRST Content; (ii) from any interruption in the availability of the KIDSFIRST Sites and/or KIDSFIRST Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the KIDSFIRST Sites, or transactions entered into, through or from the KIDSFIRST Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the KIDSFIRST Sites; (vii) from any delay or failure of the KIDSFIRST Sites arising out of causes beyond KIDSFIRST’s control; (viii) out of the use of, reference to, or reliance on, the KIDSFIRST Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the KIDSFIRST Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the KIDSFIRST Sites or KIDSFIRST Content.
In the event you are dissatisfied with, or dispute, these Terms, the KIDSFIRST Sites and/or the KIDSFIRST Content, your sole right and exclusive remedy is to terminate your use of the KIDSFIRST Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that KIDSFIRST has no other obligation, liability or responsibility to you or any other party.
16. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 14 and 15 which are lawful in your jurisdiction will apply to you and KIDSFIRST’s liability will be limited to the maximum extent permitted by law.
17. Notice for Claims of Intellectual Property or Copyright Infringement. KIDSFIRST respects the intellectual property of others, and, particularly as to User-Generated Content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the KIDSFIRST (contact information below):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the KIDSFIRST Sites;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
For notice of claims of copyright or other intellectual property infringement:
By mail:
Kids First Services
20 Robert Pitt Drive
Monsey, NY 10952
Attn: Courtney Baxter
By email: Compliance@kidsfirstservices.com
By phone: (845) 425-2299 ext. 137
18. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify KIDSFIRST and its owners, officers, directors, employees, consultants, affiliates, subsidiaries, contractors, and agents (together, the “KIDSFIRST Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms including, but not limited to the Acceptable Use Policy, above, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) your negligence, intentional misrepresentation, fraud, or intentional misconduct, or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
19. DISCLAIMERS; NO WARRANTIES. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, AND ON AN “AS AVAILABLE” BASIS. KIDSFIRST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KIDSFIRST DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KIDSFIRST DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
ADVICE AND INFORMATION PROVIDED BY KIDSFIRST IS FOR GENERAL KNOWLEDGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIDSFIRST SITES OR KIDSFIRST ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE KIDSFIRST SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE KIDSFIRST ENTITIES OR KIDSFIRST SITES. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM KIDSFIRST SITES AND YOUR DEALING WITH ANY OTHER USER, INCLUDING FINANCIAL OR BANKING INFORMATION YOU HAVE ACCESS TO THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
AS PART OF THE SERVICE YOU MAY RECEIVE A CERTIFICATE AT THE END OF ANY EDUCATIONAL COURSE. THESE CERTIFICATES ARE ACCEPTED BY MANY BANKS, HOWEVER EACH BANK HAS ITS OWN EDUCATION REQUIREMENTS. CHECK WITH THE BANK YOU PLAN TO USE BEFORE TAKING THIS COURSE TO CONFIRM THE CERTIFICATE MEETS THE BANK EDUCATION REQUIREMENTS.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. KIDSFIRST does not disclaim any warranty or other right that KIDSFIRST is prohibited from disclaiming under applicable law.
20. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE KIDSFIRST ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KIDSFIRST ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE KIDSFIRST ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO KIDSFIRST FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Term and Termination. These Terms will take effect at the time you begin using the KIDSFIRST Sites. The KIDSFIRST reserves the right, with or without notice, at any time, and for any reason to deny you access to the KIDSFIRST Sites or to any portion thereof, and to terminate these Terms. These Terms will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms at any time by ceasing to use the KIDSFIRST Sites, but all applicable provisions of these Terms will survive such termination. Upon termination, you must destroy all copies of any portion of the KIDSFIRST Sites, including any KIDSFIRST Content, in your possession.
22. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Rockland, New York. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of New York and/or the United States Southern District of New York, New York shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. KIDSFIRST reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for Southern District of New York, New York or any State of court located in Rockland County, New York. No Class Actions. YOU AND KIDSFIRST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KIDSFIRST agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
23. Miscellaneous
• General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and KIDSFIRST regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise. The failure to require performance of any provision in any one instance will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, in any one instance be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
• Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles.
• Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding KIDSFIRST’s Content and service or to receive further information regarding use of KIDSFIRST’s Content and service.
• International Use. KIDSFIRST’s Content and service are only intended for visitors located within the United States. We make no representation that KIDSFIRST’s Content and service are appropriate or available for use outside of the United States. Access to KIDSFIRST’s Content and service from countries or territories or by individuals where such access is illegal is prohibited.
Contact Information
If you have any questions, comments, or concerns about our Terms, please email us at Compliance@kidsfirstservices.com or write to us at KIDSFIRST, 20 Robert Pitt Drive, Monsey, NY 10952, Attention: Courtney Baxter
