Terms & Conditions
Welcome to the ABCs for Smarter Kids Inc. Website. ABCs for Smarter Kids Inc. (ABCs for Smarter Kids Inc., and all of its parents, subsidiaries and affiliates shall be collectively referred to herein as “ABCs”) maintains a website at www.abcs4sk.org (collectively referred to herein, including all content available through the www.abcs4sk.org domain name, as the “ABCs Website”) for your information. You may use the ABCs Website for lawful purposes only. Please read these Terms and Conditions of Use (referred to herein as the “Terms and Conditions”) carefully. Your access to and use of the ABCs Website and purchase of any product or services offered by ABCs is subject to, and governed by, the Terms and Conditions set forth below. These Terms and Conditions apply to all users of the ABCs Website, including users who are also contributors of content, information, and other materials or services on the ABCs Website. If you do not agree to these Terms and Conditions, please do not make any use of the ABCs Website.
ABCs reserves the right to change, modify, add to, or otherwise alter these Terms and Conditions at any time, or to impose new conditions, change or discontinue any aspect or feature of the ABCs Website including, but not limited to, adding fees and charges for use, or changing content, hours of availability or equipment needed for access or use at any time and without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the ABCs Website. You agree to review the Terms and Conditions periodically to be aware of such revisions. Any use of the ABCs Website by you after the posting of such changes, modifications, additions or deletions shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.
If you do not agree to any of these terms, then please do not use the ABCs Website.
- ABCs hereby grants you permission to use the ABCs Website as set forth in these Terms and Conditions, provided that: (i) your use of the ABCs Website as permitted is solely for your personal use; (ii) except in your normal, personal use of the ABCs Website, you will not copy or distribute any part of the ABCs Website in any medium without ABCs’ prior written authorization; (iii) you will not alter or modify any part of the ABCs Website other than as is necessary to use the ABCs Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms and Conditions.
- You may be required to register with ABCs in order to access certain areas of the ABCs Website, for example, to access content, purchase ABCs products or otherwise initiate Transactions (as defined below). When creating your account, you must provide accurate and complete information. ABCs may refuse to allow you to create an account using a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that ABCs otherwise rejects for any other reason in its sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the ABCs Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the ABCs Website, to any third party. You are solely responsible for the activity that occurs on your account. You may never use another’s account without permission. You must notify ABCs immediately of any breach of security or unauthorized use of your account. Although ABCs will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ABCs or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the ABCs Website in a manner that sends more request messages to the ABCs servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ABCs grants the operators of public search engines permission to use spiders to copy materials from the ABCs Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ABCs reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the ABCs Website, nor to use the communication systems provided by the ABCs Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the ABCs Website with respect to their User Submissions.
Rules of Conduct:
As a condition to your continued use of the ABCs Website, you agree that you will not use the ABCs Website for any purpose that is unlawful or prohibited by these Terms and Conditions. In the access or use of the ABCs Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the ABCs Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the ABCs Website or any Content (defined below) or services that may appear on this ABCs Website and may not impair in any way the integrity or operation of the ABCs Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to ABCs, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
Post, transmit, or otherwise make available through or in connection with your ABCs Website:
- Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by ABCs in advance.
- Any personally identifiable information of another individual, without the prior consent of such individual.
- Any material, non-public information about a company, without the proper authorization to do so.
- Use the ABCs Website for any fraudulent or unlawful purpose.
- Use the ABCs Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the ABCs Website.
- Impersonate any person or entity, including without limitation any representative of ABCs; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the ABCs Website; or express or imply that ABCs endorses any statement you make.
- Interfere with or disrupt the operation of the ABCs Website or the servers or networks used to make the ABCs Website available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the ABCs Website (including without limitation by hacking or defacing any portion of the ABCs Website).
- Use the ABCs Website to advertise or offer to sell or buy any goods or services for any business purpose, without ABCs’ express prior written consent.
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the ABCs Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the ABCs Website.
- Remove any copyright, trademark or other proprietary rights notice from the ABCs Website or materials originating from the ABCs Website.
- Frame or mirror any part of the ABCs Website.
- Create a database by downloading and storing ABCs Website content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather ABCs Website content or reproduce or circumvent the navigational structure or presentation of the ABCs Website without ABCs’ express prior written consent, or as otherwise permitted under these Terms and Conditions.
Intellectual Property Rights:
- All information and content available on the ABCs Website and its “look and feel”, except all User Submissions (as defined below), including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) are the property of ABCs, its affiliates, partners or licensors, and are protected by United States and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of the Content by you is prohibited unless specific permission is provided on the ABCs Website or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
- The trademarks, service marks, logos, and other indicia, including of ABCs (collectively the “Trademarks”) which appear on the ABCs Website are registered and unregistered trademarks of ABCs and others. Nothing contained on the ABCs Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of ABCs or such third party as may be appropriate. All rights are expressly reserved and retained by ABCs. Your misuse of any of the Trademarks displayed on the ABCs Website, or any other content on the ABCs Website is strictly prohibited. You are also advised that ABCs considers its intellectual property to be among its most valuable assets, and will aggressively enforce its intellectual property rights to the fullest extent of the law.
- Both the ABCs Website and the Content are provided “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ABCs reserves all rights not expressly granted in and to the ABCs Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including without limitation any use, copying, or distribution of User Submissions of third parties obtained through the ABCs Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ABCs Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ABCs Website or the Content therein. ABCs does not make any representations or warranties, whether express or implied, regarding or relating to the ABCs Website or any associated hardware or software, including the content or operations of either.
ABCs does not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information you provide ABCs (collectively, “Submissions”) will be treated as non-proprietary and non-confidential to you. By transmitting or posting any Submission, you hereby grant ABCs full ownership of the Submission as if ABCs had created, developed and posted the Submission for its own purposes. ABCs reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as its sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and ABCs may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify ABCs for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
The ABCs Website may now or in the future permit the submission of content or communications submitted by you and/or other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ABCs does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ABCs to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the ABCs Website and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the ABCs Website and these Terms and Conditions.
- By submitting the User Submissions to ABCs, you hereby grant ABCs a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ABCs Website and ABCs’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the ABCs Website (and derivative works thereof) in any media formats and through any media channels.
- You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ABCs all of the license rights granted herein, including sampled music; (ii) publish falsehoods or misrepresentations that could damage ABCs or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
- ABCs does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ABCs expressly disclaims any and all liability in connection with User Submissions. ABCs does not knowingly permit infringement of intellectual property rights on its ABCs Website, and ABCs will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. ABCs reserves the right to remove Content and User Submissions without prior notice. ABCs may also terminate a User’s account and access to the ABCs Website, if ABCs reasonably believes that such User is infringing the rights of ABCs or any third party. ABCs also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ABCs may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ABCs’ Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ABCs’s designated Copyright Agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., White and Williams LLP, One Penn Plaza, 41st Floor, New York, New York, 10119; email: email@example.com. Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. ABCs suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to ABCs customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section (F), your DMCA notice may not be valid.
- You understand that when using the ABCs Website, you may be exposed to User Submissions from a variety of sources, and that ABCs is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ABCs with respect thereto, and agree to indemnify and hold ABCs, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the ABCs Website.
- ABCs permits you to link to materials on the ABCs Website for personal, non-commercial purposes only. ABCs reserves the right to discontinue any aspect of the ABCs Website at any time, with or without notice.
Links to Third Party Websites:
Sweepstakes, Contests, and Similar Promotions:
Any sweepstakes, contest, or other promotion made available through the ABCs Website will be governed by specific rules that are separate from this Agreement. In order to participate in any such sweepstakes, contest, or promotion, you will have to agree to be subject to the applicable rules. You should read the applicable rules, if any, which will be linked from the particular promotion.
Products on the ABCs Website:
ABCs may provide product description information as well as associated health, nutrition and allergen information for products referred to on the ABCs Website. ABCs expressly does not warrant that this information is accurate, complete, reliable, up to date or error-free. It remains your responsibility to carefully read, inspect, and investigate any product you purchase through the ABCs Website or based upon information on the ABCs Website to determine safety and appropriateness for your consumption or use.
Purchases and Other Transactions:
ABCs reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the ABCs Website are subject to change without notice, and ABCs shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to ABCs’ refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the ABCs Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Warranty Disclaimer and Limitation of Liability:
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE ABCs WEBSITE IS AT YOUR SOLE RISK. NEITHER ABCs NOR ITS PARENT OR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “ABCs PARTIES”) WARRANT THAT THE ABCs WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ABCs WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ABCs WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT ABCs IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE ABCs WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ABCs IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL ABCs, THE ABCs PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ABCs WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY INDEMNIFICATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ABCs WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE ABCs WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ABCs, NOR THE ABCs PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ABCs WEBSITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE ABCs PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE ABCs WEBSITE SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, ABCs’ liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You hereby acknowledge that the provisions of this section shall apply to all content on the ABCs Website. ABCs neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the ABCs Website, nor for any posting made on the ABCs Website by anyone other than authorized ABCs representatives acting in their official capacities. Under no circumstances will ABCs be liable for any loss or damage caused by your reliance on information obtained through the content on the ABCs Website. You are responsible for evaluating the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the ABCs Website.
ABCs strongly advises you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
ABCs does not endorse, warrant or guarantee any products or services offered through the ABCs Website and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. ABCS MAKES PRODUCTS OR SERVICES AVAILABLE ON THE ABCS WEBSITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You agree to defend, indemnify and hold harmless ABCs, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the ABCs Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the ABCs Website.
Ability to Accept Terms and Conditions:
It is our and your intent that these Terms and Conditions constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the ABCs Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ABCs Website without the consent of your parent or guardian.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
California Civil Code Section 1789.3 Compliance:
Californians have rights to the following information pursuant to California Civil Code Section 1789. ABCs, LLC is located in New Jersey. Currently there are no charges to the consumer for use of the ABCs Website, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. ABCs reserves the right to change its pricing. Please feel free to contact ABCs to resolve a complaint regarding any aspect of our service by writing to ABCs for Smarter Kids Inc., 784 Morris Turnpike, Suite 240, Short Hills, NJ 07078 or e-mailing ABCs at email@example.com. Upon your request, you may have these Terms and Conditions sent to you by e-mail. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ABCs without restriction.
Intended For United States Residents Only:
ABCs controls and operates the ABCs Website from its offices located in the United States of America (“USA”), and the ABCs Website is not intended to subject ABCs to the laws or jurisdiction of any state, country or territory other than those of the USA. Unless otherwise specified, materials made available through the ABCs Website are presented solely for the purpose of providing services and promoting products available in the United States. ABCs makes no representation or warranty that any ABCs Website, in whole or in part, or any products, services, or materials made available through the ABCs Website, are appropriate or available for use in other locations. Those who choose to access the ABCs Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
You agree that: (i) the ABCs Website shall be deemed solely based in New Jersey; (ii) the ABCs Website shall be deemed a passive website that does not give rise to personal jurisdiction over ABCs, either specific or general, in jurisdictions other than New Jersey; (iii) to personal jurisdiction and convenient venue in the state of New Jersey. These Terms and Conditions shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and ABCs that arises in whole or in part from the ABCs Website shall be decided exclusively by a court of competent jurisdiction located in New Jersey. These Terms and Conditions, together with the Privacy Notice above and any other legal notices published by ABCs on the ABCs Website, shall constitute the entire agreement between you and ABCs concerning the ABCs Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and ABCs’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. ABCs reserves the right to amend these Terms and Conditions at any time and without prior notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the ABCs Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. This Agreement is effective until terminated by ABCs. You agree that ABCs, at its sole discretion, may terminate your access to or use of the ABCs Website, at any time and for any reason with or without prior notice. Upon any such termination, your right to use the ABCs Website will immediately cease. ABCs may immediately deactivate and/or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that ABCs shall not be liable to you or any third party for any termination of your access to the ABCs Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. ABCs reserves the right to takes all steps necessary or appropriate to enforce and/or verify compliance with the Terms and Conditions. YOU AND ABCs AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ABCs WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org
Copyright © 2013 ABCs for Smarter Kids Inc. All rights reserved. The ABCs Website is the property of ABCs For Smarter Kids Inc. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the ABCs Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.