Effective August 15, 2012
Further, when using the Services, you agree to be subject to any guideline or rules applicable to the provider of the class or activity you enrolled the applicable child in (such class or activity provider being referred to herein as, the “Provider”).
By accessing, browsing or otherwise using or operating the KCS Site and/or the Services or creating an account on the KCS Site, you represent and warrant that you are 18 years old or older. Anyone under the age of 18 years old is prohibited from registering with us or accessing or using the KCS Site or Services. By creating an account on the KCS Site you further represent and warrant that you are not a convicted sex offender.
Users should monitor children’s use of the Internet. We do not assume any responsibility for any misrepresentations regarding age when using the KCS Site or Services. Should we determine that any User provided false information to us when using the KCS Site or Services, the User’s membership and account may be terminated immediately in our sole discretion.
Creating an Account
By creating an account you can register and enroll a child in a class or activity through the KCS Site. If you select to enroll a child in a class or activity, you are responsible to pay for the cost of the class and activity purchased through the KCS Site under your account. We shall process payment and charge the method of payment (e.g. credit card) that you specified in your account or on the purchase page on the KCS Site. You acknowledge and agree that you are the owner and holder of the credit card for your account and/or you have permission of the holder of the credit card to use such credit card for payment on the KCS Site. KCS shall have no responsibility to verify your use of or permission to use such credit card. Further, you represent and warrant that all information, statements and content you provide or make, as applicable, when creating an account, as well as all other information, statements and content you provide or make, as applicable, are true, accurate and correct.
You hereby agree to be solely responsible for learning of and confirming all holidays and known class closings with the applicable Provider. KCS has no responsibility for informing you of any class closings or holidays.
Cancellation and Refunds
All classes and activities enrolled in through the KCS Site are subject to the specific cancellation and makeup policies of the applicable Provider. You are responsible for reviewing and understanding the cancellation and makeup policies of the applicable Provider and all other application information with respect to the class or activity and the Provider. Further, you shall contact and directly deal with the applicable Provider with respect to the cancellation or makeup of any class or activity enrolled in through the KCS Site or with respect to any refund. Except as we may otherwise agree to in writing in limited cases, once purchased through the KCS Site, classes and activities and all related charges and fees are non-refundable. If the applicable child cannot attend a class or activity for any reason you shall not receive a refund unless otherwise agreed to by the Provider and in all cases subject to the Provider’s cancellation and refund policies. If a Provider has to cancel or reschedule a class or activity for any reason, in its sole discretion, you and the Provider will deal with each other directly, not involving KCS, with respect to a refund or a makeup. KCS shall have no responsibility or liability to you or any third party if a Provider cancels or reschedules a class or activity.
KCS Ownership and KCS Content
KCS reserves its right to remove, edit, or modify any of your Content on the KCS Site or refuse you access to the KCS Site for any reason, in our sole discretion, at any time with or without notice. Before posting, uploading, submitting, sending or transmitting any Content we strongly recommend that you carefully consider the Content before doing so.
Further, you acknowledge and understand that you may be exposed to Content of other users and Providers that may be offensive, inappropriate, and inaccurate and that violates the KCS policies and applicable law. You hereby waive any rights and remedies you have or may have against KCS with respect to such Content. KCS bears no responsibility and assumes no liability for any submissions and content of users and Providers, including, without limitation, Content in violation of the KCS policies and Content in violation of laws.
Prohibited Uses, Conduct and Content
You agree not to, and will not permit, enable, assist or cause any other individual or entity through your account to:
- Post, submit, upload, send or transmit any text, images, photos, video, audio, location data, graphics, logos, information, reviews and all other forms of communication or data (collectively, “Content”) that contains (a) vulgar, defamatory or offensive language (including, without limitation, any Content that promotes racism, discrimination, hatred, bigotry, hatred or harm of any kind against any other person or group), (b) Content that is fraudulent, false or misleading, (c) Content that is harassing or threatening to any other person or (d) Content that violates any applicable law, statute or regulation.
- Post, submit, upload, send or transmit any Content that could be harmful to minors.
- Post, submit, upload, send or transmit any Content that promotes illegal activities.
- Make unsolicited offers, advertisements or promotions or transmit "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
- Upload material or software (including, without limitation, any virus) that is damaging to computer systems or data of KCS or any user of the KCS Site.
- Post, submit, upload, send or transmit any Content that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or any other Content that you do not have the legal right to post, submit, upload, send, transmit or other distribute to others.
- Post, submit, upload, send or transmit any Content that is pornographic or sexually explicit or otherwise inappropriate in nature.
- Solicit or share passwords or personal information.
- Impersonate another person or entity or access another user’s account without such user’s prior consent nor send false source-identifying information.
- Use the KCS Site that could damage or impair another party’s or entity’s use of and access to the KCS Site.
- Attempt to gain unauthorized access to the KCS Site or interfere with, modify, or restrict in any manner or form any features of the KCS Site or the KCS Site itself.
- Attempt to breach any security or authorization measures of the KCS Site.
- Attempt to scrape, retrieve, or use other automated means (including any robot, scraper or spider) to access the KCS Site, the Services or any KCS Content.
- Use or display any of the KCS Content without the prior written consent of KCS.
- Engage in commercial activities and/or sales without the prior written consent of KCS including, without limitation, engaging in any advertising, and pyramid schemes.
Reviews and Feedback
KCS may solicit feedback and reviews from you and other users who use the KCS Site. In our sole and absolute discretion, we may remove your or any other user’s feedback or review. KCS shall have no liability to you and you hereby release KCS, its subsidiaries, affiliates, any related companies, joint ventures, and partners, and the officers, directors, members, employees, agents and representatives of each of them from any and all claims, damages and liabilities in respect of any feedback or review. In addition, we encourage feedback and suggestions from you with respect to the KCS Site and the Services. Please contact us at email@example.com if you have any recommendations, suggestions or feedback.
Term and Termination
KCS reserves the right to terminate any and all accounts you have created on the KCS Site and revoke, with or without case, your access to the KCS Site or your use of the KCS Site or the Services at any time (with or without notice to you). You acknowledge and agree that KCS shall have no liability to you or any third party for any terminated described in this paragraph.
After any termination by you or KCS, you acknowledge and agree that KCS shall have no further obligation to provide access to you of the KCS Site or the Services. Upon termination, all licenses and other rights granted to you by KCS will immediately cease. KCS is not liable to you or any third party for termination of the KCS Site or the Services or of your use of the KCS Site or the Services.
Provider and other Third-Party Sites and Services
The KCS Site may include links to other websites, information, services and products of other persons and entities. Such links are provided solely for your convenience and for informational purposes. KCS does not endorse or promote any such links or websites, information, services or products nor does KCS make any warranties (express or implied) with respect to such links, websites, information, services or products. By clicking on and accessing such links you agree that you are accessing such links solely at your own risk. KCS shall have no liability for the accuracy of such links (including any information on the applicable websites), the content on such websites, or the availability of such websites, information, services or products.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE KCS SITE, SERVICES AND THE KCS CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KCS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.KCS DOES NOT REPRESENT OR WARRANT AS TO THE QUALITY OF ANY PRODUCTS OR SERVICES RECEIVED IN CONNECTION WITH YOUR USE OF THE KCS SITE AND SERVICES, INFORMATION OR CONTENT PROVIDED BY OR OBTAINED THROUGH THE KCS SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY KCS CONTENT, OR INFORMATION OBTAINED THROUGH THE KCS SITE OR SERVICES, INCLUDING INFORMATION PROVIDED BY A PURCHASER OR A PROVIDER. KCS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE KCS SITE AND IN THE KCS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE KCS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KCS ALSO MAKES NO WARRANTY THAT THE KCS SITE, SERVICES OR KCS CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON A SECURE BASIS. KCS DOES NOT GUARANTEE THAT YOU WILL BE ABLE ACCESS OR USE THE KCS SITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KCS OR THROUGH THE KCS SITE, SERVICES, OR KCS CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. KCS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE CANCELLATION OR RESCHEDULING OF ANY CLASS OR ACTIVITY BOOKED THROUGH THE KCS SITE BY ANY PURCHASER.
Indemnification and Release
In the event that you have a dispute with a Purchaser, you release KCS (and our officers, directors, members, agents, parent, subsidiaries, joint ventures, related companies, agents, representatives and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Notices and Communications
Governing Law; Dispute Resolution
You consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in New York County, New York. Notwithstanding anything to the contrary contained in this section “Governing Law/Dispute Resolution”, in the event you bring a lawsuit seeking damages (other than those damages available in the small claims division of the Civil Court of New York City), you shall submit your dispute to be resolved by binding arbitration with three arbitrators pursuant to the rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
No Waiver; Cumulative Remedies
No failure to exercise and no delay in exercising, on the part of the KCS, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
Neither party shall be deemed to be, or represent the other party as, an employee, agent, or subcontractor of the other party. Neither party will represent that it has any authority to assume or create any obligation, whether express or implied, on behalf of the other party.