THIS SITE IS PROVIDED ON AN "AS IS" BASIS AND THE USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. WHILE THE SITE CONTAINS SUGGESTIONS TO PARENTS, IS NOT TO BE USED OR RELIED UPON AS A CLINICAL OR DIAGNOSTIC TOOL OR A SUBSTITUTE FOR SEEKING PROFESSIONAL AND/OR MEDICAL ADVICE. KIDTELLIGENT, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KIDTELLIGENT, LLC, ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
LIMITATION OF LIABILITY:
NEITHER KIDTELLIGENT, LLC NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE OR THE INABILITY TO GAIN ACCESS TO THE SITE. YOU AGREE THAT, IN NO EVENT SHALL KIDTELLIGENT, LLC OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THE SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM KIDTELLIGENT, LLC'S NEGLIGENCE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
CONTENT & OWNERSHIP:
All of the content included on this Site, including the text, graphics, logos, icons, screens and configurations, is the property of Kidtelligent, LLC or its licensors and is protected by applicable copyright and trademark laws. All software used on this Site is the property of Kidtelligent, LLC or its software suppliers and is also protected by applicable copyright laws. Any use of the content or software on this Site other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.
As a convenience, this Site may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Kidtelligent, LLC is not endorsing any of the other sites and Kidtelligent, LLC has no responsibility for the content of third party sites. You access linked sites at your own risk.
APPLICABLE LAW AND JURISDICTION:
These Terms shall be construed and governed by the laws of the State of Michigan, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the United States District Court for the Western District of Michigan or the state courts located in Kalamazoo County, Michigan shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and each of the parties irrevocably submits to the jurisdiction of such courts.
Kidtelligent, LLC will not be liable in any amount for failure to perform under these Terms if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of Kidtelligent, LLC.
ENTIRE AGREEMENT; NON-SEVERABILITY:
These Terms constitute the entire agreement between you and Kidtelligent, LLC and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of the Terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.