StopForKids

Stop Sign Enforcement for Protecting Our Children

Terms and Conditions

for Stop for Kids


Last Updated: June 04, 2022


Please read these Terms and Conditions (the “Terms”) carefully, as they describe the terms and conditions applicable to the Services (defined below). BY ACCESSING ANY PORTION OF THE SERVICES PROVIDED BY OR THROUGH STOP FOR KIDS, LLC, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH FORM A LEGAL AND BINDING CONTRACT.

These Terms constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” the “user,” the “user’s”) and Stop for Kids, LLC and its affiliates (collectively “Stop for Kids,” “SKF,” “we,” “us” or “our”), concerning your access to and use of the stopforkids.com website as well as any other media form, media channel, mobile or application related, linked, or otherwise connected thereto, or any of our products and services, including but not limited to our provision and installation of cameras, scene configuration, advanced video analytics, enhanced machine learning, artificial intelligence (AI), algorithms, video monitoring, violations, payment tracking, facilitation of disputes, and other services provided to municipalities as part of our “Safety Initiative,” an application designed to benefit the public good (collectively the “Services”). Our primary goal in creating the Safety Initiative is to increase the safety of pedestrians and motorists, protect vulnerable populations, and assist law enforcement.

The only reason this solution exists is to protect pedestrians. Camera lenses are focused on cars only, and you may dispute any violations you might have received in error.

Agreement to Terms

You agree that by accessing or utilizing our Services in any way, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using our Services and you must discontinue use immediately.

Our Privacy Policy, along with supplemental terms and conditions or documents that may be posted on or through the Services from time to time, are hereby expressly incorporated into these terms by reference We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason, without the requirement to provide advance or specific notice to any user. You waive any right to receive specific notice of each such change or modification. All changes or modifications shall be effective immediately upon the posting of a new “Last Updated” date at the top of this page. It is your responsibility to routinely review these Terms to stay informed of updates, modifications, or changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, any and all changes or modifications to the Terms by your continued use of the Services after any date the Terms are updated.

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access or utilize the Services from locations outside of the United States do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

If you access the Services through use of the Internet, it is your sole responsibility to maintain your hardware, software and connectivity at your own expense unless otherwise agreed to in writing by you and us. Outside of any such agreement, you acknowledge that you are solely responsible for upgrading and configuring your systems to be and remain compatible with our Services.

You affirm that you are at least eighteen (18) years old, or, possess legal parental or guardian consent, to use the Services. You further affirm that you have the legal capacity required to enter into all of the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to comply with these Terms.

Intellectual Property Rights

Unless otherwise indicated, our Services are proprietary intellectual property and all source code, databases, features and functionality, hardware, software, designs, audio, video, text, images, photographs, graphics and other material connected with the Services (collectively, the “Content”) and the trademarks, service marks, trade names, service names, designs, trade dress, branding and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by various intellectual property laws and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Any use of the Content or Marks not expressly permitted by these Terms may violate copyright, trademark, and other laws.

You acknowledge that you do not acquire any ownership rights by accessing or using the Services or the Content. The Content and the Marks are provided through the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, modified, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, in whole or in part, without our express prior written permission.

User Representations

By accessing or using the Services, you represent, warrant and covenant that:

(1) Any information you provide to us at any time will be true, accurate, current, and complete;
(2) You will maintain the accuracy of any information you provide to us and promptly update such information as necessary;
(3) You have the legal capacity to enter into a binding contract, and you agree to comply with these Terms, which are a contract;
(4) You will not access the Services through automated or non-human means, for example a bot, script, or similar;
(5) You will not use the Services for any illegal or unauthorized purpose; and
(6) Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or fail to update information you’ve provided on a timely basis, or if we have reason to believe that information you’ve provided is not current, untrue, inaccurate, or incomplete, we have the right to suspend or terminate your access to the Services (or any portion thereof), and to make any report we feel is necessary or appropriate to law enforcement authorities.

Intellectual Property Rights

Unless otherwise indicated, our Services are proprietary intellectual property and all source code, databases, features and functionality, hardware, software, designs, audio, video, text, images, photographs, graphics and other material connected with the Services (collectively, the “Content”) and the trademarks, service marks, trade names, service names, designs, trade dress, branding and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by various intellectual property laws and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Any use of the Content or Marks not expressly permitted by these Terms may violate copyright, trademark, and other laws.

You acknowledge that you do not acquire any ownership rights by accessing or using the Services or the Content. The Content and the Marks are provided through the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, modified, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, in whole or in part, without our express prior written permission.

Prohibited Activities

You may not access or use the Services for any purpose other than those purposes for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

(1) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(2) Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails;
(3) Interact with users or with us by automated means or under false pretenses;
(4) Use a buying agent or purchasing agent to make purchases through the Services;
(5) Use the Services to advertise or offer to sell goods and services;
(6) Circumvent, disable, or otherwise interfere with security-related features of the Services;
(7) Engage in unauthorized framing of or linking to Internet-based features of the Services;
(8) Trick, defraud, or mislead us and other users;
(9) Make improper use of our support services or submit false reports of abuse or misconduct;
(10) Engage, use or launch any automated system, such as using scripts, to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools to access, monitor or copy any Content or information in or on the Services;
(11) Interfere with, disrupt, or create an undue burden on the Internet-based features of the Services;
(12) Attempt to impersonate another user of the Services or any person;
(13) Use any information obtained through the Services in order to harass, abuse, or harm another person;
(14) Access the Services in order to build a competitive product or service or for benchmarking or other competitive purposes or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise;
(15) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
(16) Attempt to bypass any security measures designed to prevent or restrict access to the Services, or any portion of the Services;
(17) Scan or test the vulnerability of the Services, or attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services;
(18) Harass, annoy, intimidate, or threaten any of our employees, contractors or agents engaged in providing any portion of the Services to you;
(19) Delete the copyright or other proprietary rights notice from any Content;
(20) Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(21) Upload or transmit (or attempt to upload or to transmit) any material that contains viruses, Trojan horses, worms, spyware, or which is otherwise malicious or harmful;
(22) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
(23) Use the Services in a manner inconsistent with any applicable laws or regulations;
(24) Alter or modify any part of the Services;
(25) Collect or harvest any personally identifiable information from the Services;
(26) Post or transmit through the Services any material which (in our sole discretion) is unlawful, threatening, harassing, racist, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, which otherwise violates any law, which could be detrimental to us, or which provides support or resources to any organization designated by any government as a foreign terrorist organization;
(27) Upload, post or otherwise make available through the Services any material protected by copyright, trademark or other third-party proprietary rights, without the express written permission of the owner or owners;
(28) Engage in any conduct that restricts or inhibits another user’s use or enjoyment of the Services; or
(29) Violate any data export laws, in the United States or in the country where you reside.

User-Generated Contributions

From time to time, the Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). The term “Contributions” as used herein shall include any questions, comments, suggestions, ideas, feedback, or other information regarding the Services that you provide.

Contributions may be viewable by other users of the Services as well as through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary for all purposes. When you create or make available any Contributions, you represent and warrant that:

(1) Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
(2) You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms;
(3) Your Contributions are not false, inaccurate, or misleading;
(4) Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of commercial solicitation which is a violation of these Terms;
(5) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, threatening, defamatory, or otherwise objectionable (as determined by us);
(6) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
(7) Your Contributions do not violate any applicable law, regulation, or rule;
(8) Your Contributions do not contain any material that solicits personal information from anyone under the age of eighteen (18);
(9) Your Contributions do not include any offensive comments or discriminatory language that are connected to race, religion, national origin, age, gender, sexual preference, or physical handicap.
(10) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services without notice. You agree that we have the right, but not the obligation, to monitor all content on the Services and remove any material that we, in our sole discretion, find to be in violation of the provisions herein, or otherwise objectionable.

Contribution License

By posting your Contributions to or through any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, edit, modify, excerpt (in whole or in part), create derivative works from, display and distribute such Contributions for any purpose, subject to our sole discretion (the “License”).

This License will apply to any form, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Notwithstanding anything else in this section or in these Terms, you shall be solely responsible for your Contributions and the consequences of posting or publishing them. We are not liable for any statements or representations in your Contributions. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Third-Party Websites and Content

The Services may from time to time contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, we have no control over such Third-Party Websites or Third-Party Content, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, or linking to, any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to exit the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from or through the Services.

By using the Services, you expressly relieve us from any and all liability arising from your use of any Third-Party Website that you visit through or via the Services – any access by you of Third-Party Websites shall be entirely at your own risk. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Services Management

We reserve the right, but are under no obligation, to:

(1) Monitor the Services for violations of these Terms;
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual or entity to law enforcement authorities;
(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Under no circumstances shall we be held liable for any loss or damage caused by your reliance on information, materials or Content obtained on or through the Services. It is your responsibility to independently evaluate the information, opinions, advice, or other content available through the Services.

Privacy Policy

We take data privacy and security very seriously. Please review our Privacy Policy and check it for updates as you also routinely check these Terms. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions fully by reference.

You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. If you access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, please be advised that you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of thirteen (13) has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as reasonably practical.

Term and Termination

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SERVICES AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

In addition to terminating or suspending your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove any aspects of the Services at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Temporary interruptions of the Services may occur as normal events.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

Dispute Resolution through Arbitration

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES THE PROCEDURES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, RATHER THAN BY A JUDGE OR JURY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT ALLOWED.

Each party waives its right to a jury trial in any court with regard to any action arising under these Terms, whether made by claim, counterclaim, third-party claim, or otherwise.

Subject to this Section, all disputes between you and us must be resolved by final and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under applicable law and includes, but is not limited to: (i) disputes and claims arising out of or relating to any aspect of the relationship between you and us, whether based in statute, fraud, tort, contract, misrepresentation, or any other legal theory; (ii) disputes and claims that arose before this or any prior agreement; and (iii) disputes and claims concerning the scope of this arbitration provision. The arbitration will be conducted by one arbitrator using the procedures described in this Section. The arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”) and shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from these Terms, these Terms shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and shall strictly enforce these Terms and may not limit, expand, or otherwise modify these Terms.

Before you take a dispute to arbitration, you must first write to us at:
Stop For Kids, LLC, 4 Bond Street, #77, Great Neck, New York 11023, providing sufficient detail about your dispute, and give us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or we are notified by the other of a dispute, then either party may contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and fees are available at www.adr.org.

The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Arbitrations under these Terms shall be confidential to the extent not prohibited by law. Judgment on the award rendered by the arbitrator may be entered in and enforced by any court of competent jurisdiction. The arbitrator’s fees shall be paid equally by the parties, but may be awarded by the arbitrator as provided in the AAA rules.

Nothing in this Section or otherwise shall preclude us from seeking injunctive relief in any court of competent jurisdiction for protection of our intellectual property rights or other proprietary rights. All of our rights and remedies upon your breach or other default under these Terms will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms or by law or equity on us, and the exercise of any one remedy will not preclude the exercise of any other.

Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS; AND/OR (7) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, , AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SEVRVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (I) LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SERVICES OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS OR CONTENT OBTAINED THROUGH THE SERVICES; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES; (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SERVICES; (IX) ANY DELAY OR INABILITY TO USE THE SERVICES; AND/OR (X) ANY CONTENT, OTHER INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES.

THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING IS SOLEY YOUR OWN.

IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT, ANY OTHER INFORMATION FOUND THEREON, OR WITH ANY PART OF THESE TERMS OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THE SERVICES, YOU AGREE THAT OUR LIABILITY SHALL IN NO EVENT EXCEED TWENTY-FIVE DOLLARS ($25.00).

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES OR BE FOREVER BARRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services and Content; (3) breach of these Terms or any other agreement with us; (4) your violation of the rights of a third party, including but not limited to copyright, property or privacy rights; (5) your negligence or willful misconduct; or (6) any overt harmful act toward any other user of the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We must maintain certain data that you transmit to the Services for the purpose of operating the Services and for other legitimate business purposes. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Transactions, Communications, and Signatures

Accessing and using the Services, sending us emails, and completing online forms all constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

Miscellaneous

These Terms and any policies or operating rules posted by us on or through the Services, and all modifications made by us from time to time, constitute the entire agreement and understanding between you and us. By agreeing to these Terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. These Terms, and any rights and licenses granted hereunder, may not be transferred, licensed, or assigned by you. We may assign any or all of our rights and obligations to others at any time.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent legal jurisdiction, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or your use of the Services.

You agree that these Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

In addition to any limitations provided by applicable law, we shall be excused from liability for non-delivery or delay arising from any event beyond our reasonable control, whether or not foreseeable, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Any provision of these Terms which by its nature would survive the termination or expiration of these Terms shall do so.

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Stop For Kids, LLC,
4 Bond Street, #77
Great Neck, New York 11021