Acceptance of the Terms and Conditions
These terms and conditions are entered into by and between you and WinterKids Education Foundation (“WinterKids” “we” or “us”). The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term the “Site” refers to www.winterkids.org as well as any desktop or mobile app that WinterKids may offer. The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, the “Terms and Conditions”), govern your access to and use of the Site, including any content, functionality and services offered on or through the Site.
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions, and reside in the United States, or an of its territories or possessions. Children under the age of 18 are prohibited from using the Site.
Use of the Site, including all materials presented herein and all online services provided by WinterKids, is subject to these Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By accessing or using the Site, in any way, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Changes to Terms and Conditions
We may at any time amend these Terms and Conditions at our sole discretion. Such amendments are effective immediately upon posting the amended Terms and Conditions on the Site. Any use of the Site by you after being notified means you accept the amended Terms and Conditions.
Reliance on the Site
Information provided on the Site is subject to change. WinterKids makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Any reliance you place on such information is strictly at your own risk. WinterKids disclaims all liability and responsibility for any inaccuracy, error, or incompleteness in the Content or arising from your reliance on the same, regardless of who placed the inaccurate or incomplete Content on the Site.
WinterKids may update the Content from time to time, but the Content on the Site is not necessarily complete or up-to-date. Any Content on the Site may be out of date at any given time, and WinterKids is under obligation to update such material.
The Site may contain, or link to, Content provided by third-parties (“Third-Party Content”) or websites owned or operated by third-parties (“Third-Party Websites”). All statements and/or opinions expressed in Third-Party Content or Third-Party Websites are solely the opinions and statements of the third-parties providing or authoring that Content. Third-Party Content or Third-Party Websites do not necessarily reflect the views or opinions of WinterKids. If you choose to access any Third-Party Content or Third-Party Websites, you agree that you do so at your own risk. WinterKids is not responsible or liable for the content or accuracy of any Third-Party Content or Third-Party Websites accessible from or through the Site.
Use of the Site
You may use the Site for lawful purposes only, and in accordance with the Terms and Conditions. You agree not to use the Site:
- In any way that violates any Federal, state, local or international law or regulation (including, but not limited to, any laws regarding the export of data or software to or from the US or other countries);
- For the purpose of exploiting, harming or attempting to harm minors in any way by exposing them to inappropriate content, asking them for personally identifiable information, or otherwise;
- To post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, an invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, as determined by WinterKids in its sole discretion;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate WinterKids, a WinterKids employee or representative, another user or any other person or entity;
- To post or transmit through the Site anything that would constitute an injurious formula, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
- In any way that interferes, or impairs, with the proper working of the Site, no matter how minute; and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm WinterKids or users of the Site or expose them to liability.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
Enforcement and Termination
WinterKids has the right to:
- Remove or refuse to post any information submitted, posted to, or linked to/from, the Site for any or no reason in our sole discretion;
- Take any action with respect to information submitted, posted to, or linked to/from the Site that we deem necessary or appropriate in our sole discretion, including if we believe that such violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for WinterKids;
- Disclose your identity or other information about you to any third party who claims that your use of the Site, including any of our information, violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS WINTERKIDS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WINTERKIDS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATIONS.
WinterKids cannot review all material before it is posted on, or linked to, the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Refusal of Services and Goods
Any services or goods offered by WinterKids through, or in connection with, the Site is subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site, or any services or goods offered by WinterKids through, or in connection with, the Site, in our sole discretion, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
All purchases through the Site or other transactions made through or in connection with the Site or as a result of visits made by you are governed by these Terms and Conditions as well as any terms set forth by any of our agents involved in the purchase or transaction. All sales or other transactions made through or in connection with the Site are final.
Goods or services offered by third-parties (“Third-Party Offers”) may be available for sale or use through use of the Site. Goods or services offered via a Third-Party Offer do not necessarily reflect the view or opinions of WinterKids. WinterKids in no way warrants or otherwise endorses any goods or services offered via a Third-Party Offer. Accordingly, you agree that WinterKids assumes no liability for any action, inaction, negligence, or other malfeasance, and any damages resulting thereof, on the part of any third-party arising out of or in connection with your acceptance of any Third-Party Offer.
Material You Submit to the Site
You agree that any artwork, photos, or any other materials (collectively “Materials”) you post to the Site will be considered non-confidential and non-proprietary. By providing any Materials for posting on the Site, you grant us and our affiliates, partners and service providers, a non-exclusive, irrevocable, right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material, for any purpose.
By submitting any Materials, you also represent and warrant that:
- You own or control all rights in and to the User Contributions or have the right to grant the license granted above; and
You understand and acknowledge that you are responsible for any Material you submit or contribute, and you, not WinterKids, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness, including any damages resulting from infringement of any rights held by any third-parties or any other harm resulting from your conduct. We are not responsible, or liable to any third party, for the content or accuracy of any Material posted by you or any other user of the Site. You agree to hold WinterKids harmless from and against all claims, liabilities, and expenses arising out of any potential or actual claims made against WinterKids, or you, resulting from your submission of Materials to the Site or the posting of the same to the Site.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by WinterKids, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Site.
Linking to the Website and Social Media Features
You may link to the Site, provided you do so in a way that is fair and legal and does not damage WinterKids’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site;
- Send e-mails or other communications with certain content, or links to certain content, on this Site; and
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms and Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
WinterKids is based in the state of Maine in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WINTERKIDS NOR ANY PERSON ASSOCIATED WITH WINTERKIDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WINTERKIDS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL WINTERKIDS, ITS AFFILIATES, PARTNERS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WINTERKIDS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL WINTERKID’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WINTERKIDS, AND IF NO PURCHASE HAS BEEN MADE BY YOU WINTERKIDS’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
This Agreement constitutes the entire agreement between you and WinterKids pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us.
No waiver of any of the provisions of these Terms and Conditions by WinterKids shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by WinterKids.
Governing Law and Jurisdiction
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Maine, regardless of any principles of conflicts of law. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to your use of the Site, or these Terms and Conditions, by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy.
Any disputes regarding your use of the Site, or these Terms and Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, must be submitted to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE SITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, YOUR CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Recovery of Attorneys’ Fees
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, WinterKids, and WinterKids only, shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which we may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: October, 2018.