Terms of Service & Conditions
Welcome to TheKidWhisper.com (Hereinafter termed “Website”, “site”). The Website is owned and operated by Mind Body Spirit Parenting, LLC (“Company”, “MBSP”, “us”, “we”, “our”)
PLEASE READ THESE TERMS OF SERVICE & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
THESE TERMS OF SERVICE AND CONDITIONS (HEREINAFTER TERMED “TOS” and TERMS OF SERVICE) GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS WEBSITE, YOU UNDERSTAND, ACKNOWLEDGE AND ACCEPT THESE TOS IN FULL. IF YOU DISAGREE WITH THESE TOS, OR ANY PART THEREOF, YOU MUST NOT USE THIS WEBSITE.
YOU ARE ADVISED TO CONSULT THESE TOS ON A REGULAR BASIS TO ENSURE YOU ARE FAMILIAR WITH THE CURRENT VERSION.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO USE THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. BY USING THIS WEBSITE AND AGREEING TO THE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST (18) YEARS OR OLDER. DUE TO THE DESIGNATED AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
YOU ACKNOWLEDGE AND AGREE WITHIN THESE TOS THAT YOU ALONE ASSUME ALL RISK ASSOCIATED WITH USE OF THE SITE, INCLUDING THE FULL COST OF ANY NECESSARY REPAIR OR SERVICE TO YOUR COMPUTER. YOU (IF ANY) TO ACCESS THE SITE.
Restrictions Of Use
You may only use this site for purposes expressly permitted by our Company. This Website may not be used for any other purposes without our Company’s prior written consent. For example, you are not permitted (nor able to authorize any other party) to use this site for commercial purposes such as (1) co-brand this site or any of it’s materials, content and resources, or (2) hyper-link to this site without the express prior written permission of an authorized Company representative. The term co-branding means to display a name, trademark, logo or any other means of identification of a party that is reasonably likely to give a user the impression that such a party has the ability and right to use, display, distribute or publish this site or any of its assessable or offered content within this site. You agree to cooperate with our Company and any of its representatives and cease any unauthorized co-branding, hyper-linking or infringement of any kind immediately.
You may be asked to provide registration details or other information in order to access this site or some of its services and resources. It is a condition of this website that all information that you provide on, for or in relation to this site will be current, correct and complete. If our company believes that any of the information you provided is not current, correct or complete, we have the ability and right to refuse you access to this site and/or any of its resources, and to suspend or terminate your access to the site at any time at Company’s sole discretion and without notice or explanation.
You may not use this web site for any unlawful purposes.
By using this website, you agree that the exclusions and limitations of liability set forth in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
Disclaimer & No Warranties
IT IS UNDERSTOOD AND AGREED THAT THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MIND BODY SPIRIT PARENTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE AT ANY TIME.
OUR COMPANY DOES NOT ASSUME ANY RISK OR RESPONSIBILITY FOR YOUR USE OF THE INTERNET. YOU UNDERSTAND AND ARE IN AGREEMENT THAT OUR COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE FROM WORMS, TROJAN HORSES, VIRUSES OR OTHER METHODS THAT MAY PRODUCE OR HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY USING THIS WEBSITE YOU AGREE THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND DUE DILIGENCE TO SATISFY YOUR SPECIFIC REQUIREMENTS FOR SECURING OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS INDEPENDENT AND OUTSIDE OF THIS SITE FOR THE RECONSTRUCTION OF ANY DATA LOST OR HARMED.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREIN ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL OR CERTIFICATED PROFESSIONALS. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY, EMOTIONAL DISTRESS OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE A SPECIFIC SITUATION OR CONCERN, WHICH REQUIRES PROFESSIONAL, MEDICAL, HEALTHCARE, OR BEHAVIOURAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATE TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST OR OTHER PROFESSIONAL PROVIDER. NEVER DISREGARD OR DELAY ANY MEDICAL, PSYCHOLOGICAL OR OTHER HEALTH PROFESSIONAL ADVICE BECAUSE OF THE INFORMATION OFFERED, PROVIDED OR PRESENTED THROUGH THE WEBSITE OR ITS AFFILIATES.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE TERMS OF SERVICE AND CONDITIONS AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE OUR COMPANY AND ALL INDEMNIFIED PARTIES OUTLINED IN THE TOS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION. IN ADDITION YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHTS THAT YOU MAY OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST COMPANY OR ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE LEGAL, MEDICAL OR PROFESSIONAL ADVICE OF ANY KIND. ANY INFORMATION OR ADVICE GIVEN BY THIS WEBSITE OR THROUGH ANY OF ITS AFFILIATES OR SOCIAL MEDIA PLATFORMS SUCH AS BUT NOT LIMITED TO FACEBOOK, TWITTER, OR OTHER, IS NOT TO BE USED BY YOU IN PLACE OF ANY MEDICAL, LEGAL, EDUCATIONAL OR FINANCIAL ADVICE OR DIAGNOSIS FROM QUALIFIED, CERTIFICATED AND LICENSED PROFESSIONALS IN THOSE FIELDS. THIS SITE IS INTENDED TO OFFER INSIGHT INTO YOUR PERSONAL LIFE AND NOT IN ANY WAY CONSTITUTE MEDICAL, LEGAL, TAX OR FINANCIAL ADVICE. COMPANY OR ANY OF IT’S AFFILIATE PARTNERS, EMPLOYEES, REPRESENTATIVE, DIRECTORS, OR ASSOCIATES WILL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS WEBSITE OR AS A RESULT OF ANY INFORMATION PROVIDED BY OR THROUGH THIS SITE, OR ANY PERSONS OR EVENTS RELATED THERETO, AND/OR ANY ACTIONS OR DECISIONS THAT YOU MAY MAKE AS A RESULT, INCLUDING WITHOUT LIMITATION, ACTUAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY CLAIMS RESULTING FROM ANY ACT OR OMISSION, NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR OTHERWISE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, LOSS OF INCOME, STRESS (EMOTIONAL OR OTHERWISE), ERRORS OR OMISSIONS, OR OTHERWISE.
OUR COMPANY DOES NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE
WITHOUT PREJUDICE, MIND BODY SPIRIT PARENTING EXPLICITLY DISCLAIMS ANY RESPONSIBLITY DOES NOT WARRANT OR MAKE REPRESENTATION, EXPRESS OR IMPLIED TO THE FOLLOWING:
- THE CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE AND OUR COMPANY DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE OR REMOVE SUCH INFORMATION AFTER IT IS POSTED. FURTHER, THE AFOREMENTIONED CONTENT SHOULD NOT BE USED TO REPLACE ANY WRITTEN CORRESPONDENCE, REPORTS, NOTICES OR STATEMENTS PROVIDED BY OUR COMPANY.
- INFORMATION OBTAINED FROM USING THIS SITE IS NOT COMPLETE ERROR-FREE, TRUE, ACCURATE, NON-MISLEADING AND EXHAUSTIVE AND DOES NOT COVER ALL TOPICS, FACTS OR ISSUES THAT MAY BE RELEVANT OR SPECIFIC TO YOUR PERSONAL GOALS AND NEEDS
- USERS, VISITORS, BORROWERS OR ANY OTHER PERSONS SHOULD USE THE CONTENT IN THE SAME MANNER AS ANY OTHER INFORMATIONAL MEDIUM OR SOURCE AND SHOULD NOT RELY ON THE CONTENT IN SUBSTITUTION OF OR EXCLUSION OF THEIR OWN PROFESSIONAL OR PERSONAL JUDGEMENT
- THE CONTENT CONTAINED IN THIS SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE TO YOU WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODES AND COMPONENTS; OR
- THAT YOUR USE OF MATERIALS AND CONTENT FROM USE OF THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSION IN SUCH CONTENT AS A RESULT OF YOUR USE.
Trade Secrets And Proprietary Information
You acknowledge and agree that any and all material and content (hereinafter termed as “Content”) accessible from this Web site or any other world wide Web sites operated, owned, managed, licensed or controlled by our Company or the party that provided the Content to our Company, are proprietary information and trade secrets of our Company or the party that provided Content to our Company, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and that their use is expressly restricted by the terms of this agreement. You may not remove, alter any trademark, service mark, trade name or any other proprietary content (hereinafter termed as “Trades”, “Content”), or cause the removal or alterations of such Trades. Content or Trades may not be copied, distributed, reproduced, republished, uploaded, posted or transmitted in any way without prior written consent from our Company. The only exception is that you may download (1) one copy of the content that we make available to you for your personal, noncommercial, home use only on a single computer, with the guarantee that you: (a) maintain all trademark, copyright or other notices of proprietary rights; (b) do not modify any content; (c) do not use any content for commercial use or that suggests an association with other products, services, brands or other websites. Use of Content on any other websites or in any other computer or on projection generated technologies or environment is strictly prohibited. Modification or use of the Content or Trades provided in these TOS violates our Company’s intellectual property rights.
Use of the content or materials on this site for any purpose without written permission from our Company is strictly prohibited. Additionally, you agree that you will create no derivative works of this site or the products offered within.
Our Company has the right to pursue legal action should any of TOS and policies set forth within the policies, terms and conditions of this site be breached.
This website may be hyper-linked to other websites, which are not managed, maintained or related to our Company. Such hyper-links are not endorsed, sponsored or affiliated with our Company or website. Hyper-links to other sites are provided as a service to users only. Our Company has not reviewed any sites and is not responsible for the quality, content and management of those sites or their services and products thereof. You understand and acknowledge that you, the User, access any and all hyper-links at your own risk and our Company makes no warranties or representations about the content, accuracy or completeness of these hyper-links and their associated website(s) and material.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, OR ITS LICENSORS, EMPLOYEES, OFFICERS, SUCCESSORS, CONTRACTORS, AGENTS, OFFICERS, PROVIDERS AND ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR OTHER EXPENSES AND DAMAGES INCLUDING BUT NOT LIMITED TO ATTOURNEY AND LEGAL COSTS, LOSS OF REVENUE OR INCOME, EMOTIONAL DISTRESS, PAIN AND SUFFERING THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR ANY CONTENT AND FUNCTIONS THEREOF. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, OMMISSION, TORT, NEGLIGENCE, FRAUDULENT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL THE COLLECTIVE LIABLITY OF COMPANY AND ITS SUBSIDIARIES, LICENSORS, EMPLOYEES, OFFICERS, CONTRACTORS, SUCCESSORS, AGENTS, OFFICERS, PROVIDERS AND ANY OF ITS REPRESENTATIVES, TO ANY PART REGARDLESS OF THE FORM OF ACTION, EXCEED $100 OR THE AMOUNT YOU PAID TO COMPANY FOR PRODUCT OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM DIRECT OR INDIRECTLY ANY EVENT OR FORCE BEYOND OUR OR THEIR CONTROL INCLUDING WITHOUT LIMITAITON, CIVIL DISPUTES, WAR, ACTS OF NATURE, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, STRIKES, GOVERNMENTAL ACTIONS, DOMESTIC OR FOREIGN COURT ORDERS OR DEFAULT OF THIRD PARTIES. OUR COMPANY AND INDEMNIFIED PARTIES ARE NOT LIABLE OR RESPONSIBLE FOR: ANY DELAYS OR FAILURE YOU EXPERIENCE WITH ANY TRANSMISSION AND TRANSACTIONS; OR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY USER TECHNOLOGIES, SITE, SOFTWARE OR RELATED SERVICES.
THE EXCLUSIONS, LIMITAITONS AND DISCLAIMERS HEREIN THESE TERMS OF SERVICE AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
In accordance with the Terms and Conditions that govern your use of this website, you agree that by using this website, you agree that the user content that you submit to this site for whatever purpose, may not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or our Company or a third party, under any applicable law. In accordance with the Terms of Service and Conditions, any material or communications including but not limited to posts, text, images, audio material, original works, visual material or other forms of transmission yet to be developed in the future, that you submit or communicate through or in connection with this website or its social media platforms or affiliates for whatever purpose are hereinafter termed “User Content”.
By uploading, sharing or posting any User Content on this Site, you automatically and irrevocably:
- Retain ownership of User Content and grant and assign our Company royalty-free, non-excusive, unrestricted, perpetual, worldwide license to any and all rights to the User Content including without limitations all copyright, together with any and all consents necessary to enable its reproduction, modification, distribution, publishing, selling, promotion and marketing by Company or any members authorized by Company, by any means in all media now or yet to be developed, without payment or other reference to you or any other person, in perpetuity.
- Waive all moral rights in the User Content, which may be assessable to you in other parts of the world, and confirm that no such rights have been asserted.
- Warrant that you are the owner of the User Content and authorized to enter into these Terms.
You are aware that this site and the Internet is a Public Forum and are advised to remember that any information you may disclose in any directory, or other public areas of our Website or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
You must not submit user content to this site that uses profane language, infringes upon any third party’s legal rights or has ever been subject to any threat or legal action proceeding or similar complaint.
You must not use this site in any way that causes or may cause damage to the site or impairment of any kind to the ability and accessibility of the website; or in any way which is illegal, unlawful, fraudulent or harmful.
You must not participate in or conduct any systematic or automated data harvesting, extraction, mining or any other data collection activities in relation to this Website without express written consent from Mind Body Spirit Parenting, LLC.
You must not use this website to copy, transmit, store, host, send, use, or publish any material which is linked to or consists of spyware, Trojan horse, worm rootkit or other malicious computer software.
You must not use this site for any purposes related to marketing or to send or transmit unsolicited commercial, advertisements or communications without express written consent.
Mind Body Spirit Parenting reserves the right to remove or edit any material submitted to this site, stored on its servers, hosted on this site or published upon this site.
Access to certain areas of the The Kid Whisper website are restricted. Our Company reserves the right to restrict [other] areas of this website at our Company’s discretion
If our Company provides you the User with a User ID and password to enable you to access restricted areas, you must ensure that the user ID, password and content are kept confidential and that restricted access [to content and any material or information] is not granted access by any other party except the implied user or unless otherwise stated in the TOS.
We may disable your password and user ID at any time and it is in our Company’s sole discretion without explanation, refund or notice to do so.
You acknowledge and understand that by providing your name and email address on the Website, you are subscribing to free, no obligation informational newsletters. This newsletter is emailed and offered as a free service by our Company. On occasion subscribers have challenges unsubscribing. In such cases, it is recommended that you contact our Company to receive individual attention via accessing the information listed on the Contact page of the site.
You understand that by entering this website, you agree that you wish to subscribe and that you will make no threats or additional action against mindbodyspiritparenting.com or any of it’s officers, representatives, employees, partners, directors or affiliates in the event that you are unhappy with your subscription, and that receiving this newsletter or any of our Company’s materials, products and services will cause you no personal, emotional, stress or financial harm whatsoever.
Testimonials, Submissions and Forums
Any content, materials, remarks, ideas, original work, information, suggestions, graphics, communications and opinions expressed or included in or on the Website, comment sections, community pages or other forums on this website or related social media sites such as Facebook or Twitter (Hereinafter termed “Submissions”) are not necessarily those of the Company or it’s content providers. Company does not undertake to monitor or review Submissions and its content. Our company may remove or modify any Submission from our Website, materials, web pages, blogs, comment areas, affiliated social media platforms (Hereinafter termed “Forums”) without notice or liability at any time in our Company’s sole discretion. Any and all use of Forums will be at your own risk and will be subject to the disclaimers, terms and limitations set forth within this site.
Submissions may be sent or posted so long as none of the materials are illegal, obscene, threatening, invade privacy, infringe in intellectual property rights, defamatory or otherwise injurious to third parties or objectionable and do not contain or consist of software viruses, commercial solicitation, political campaigning, mass mailing, chain letters or any form of “spam”.
Testimonials and emails from readers are submitted to mindbodyspiritparenting.com voluntarily. Testimonials are true and communicate the opinions and experiences of real users of our Company’s products and services. If you elect to submit or email a testimonial, you agree that it becomes the exclusive property of TheKidWhisper.com and our Company, which includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name, photo or initials and city/state/country of residence.
Any and all Submissions are hereby granted to our Company the royalty-free, irrevocable, perpetual, worldwide non-exclusive right and license to use, reproduce, publish, create derivative works from, distribute, display, adapt, display, transmit, and include any Submissions in media or other works of any form. Submissions are not confidential and may be used without limitation by our Company for advertising and in its business without incurring liability of any kind including but not limited to royalties or any other related or similar considerations in perpetuity.
Our Company makes no representation that content and materials on this site are appropriate or available for use in counties and locations outside the United States. If you choose to access this site from locations outside the United States you do so at your own initiative and risk and acknowledge that you are responsible for compliance with local laws.
You hereby indemnify our Company, its affiliates, partners, licensors, subsidiaries, employees, successors, officers, contractors and any of its representatives (Hereinafter termed “Indemnified Parties”) harmless from any breach of the TOS and undertake to keep the Indemnified Constituents indemnified against any losses, damages, liabilities, expenses and costs (including without limitation legal expenses and any amounts paid to a third party by our Company) arising out of any breach or claim by you of any provision of these terms and conditions [or arising out of any claim that you have breached any provision of these terms and conditions]. You also hereby acknowledge and agree to indemnify and hold the Indemnified Parties harmless from or against any claims arising or brought forth by third parties that resulted from your use of information and content accessed from this Website and or it’s partners and affiliates.
Company reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. If you breach these terms and conditions in any way, our Company may take such action as it deems appropriate and reasonable. This may include but not be limited to: suspending your access to the Website, remove permanent access from the Website, blocking computers from accessing the Website using your IP address, contacting your internet service provider to block your access to the Website and/or bringing court proceedings against you.
Choice of Law and Forum
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Mind Body Spirit Parenting, LLC