Welcome to activekids.com. (“activekids”) owns and operates bestactivekids.com and any and all associated domains, websites, and applications operated by Active Kids and/or that contain Active Kids online resources, information, documents, graphics, photos, images, audio, video, software, or other content or materials (collectively “Site”). Any reference to active kids includes Active Kids subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives.
These Terms of Service (“Terms”) govern your access to, use of, and/or interaction (collectively, “use” or “using”) with Site and Services (defined below) accessible via Site and as amended from time to time. Any reference to “you,” “your,” or “User” herein shall mean the person or legal entity using Site and/or Services.
You must read these terms carefully and thoroughly before using site and/or services. This is a legally binding agreement between you and Active Kids and contains important information about your legal rights, obligations, and remedies related to, and is a condition of, your use of site and/or services. By using site and/or services, you, or on behalf of an entity, voluntarily accept, agree to comply with, and be bound by these terms and applicable laws and regulations. If you are using site and/or services on behalf of an entity, you represent and confirm that you are an authorized representative of such entity and can legally bind the entity to these terms. Additionally, you represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these terms pursuant to applicable laws and regulations. If you are under 18 years of age, you must either be an emancipated minor or possess legal parental or guardian consent, and must be fully able and competent to enter into, abide by, and comply with these terms pursuant to applicable laws and regulations.
You may not, under any circumstances, use site and/or services if you do not agree with these terms in full, or if you do not understand any portion of these terms, use site and/or services without first obtaining further clarification and understanding.
Active Kids may, at any time, modify or remove any provision of these terms, in its sole discretion, in whole or in part, in accordance with these terms. Active Kids hereby reserves any and all rights that are not expressly stated or granted herein.
Active Kids does not directly provide Services and is not an agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of Active Kids.
Active Kids may offer promotional offers for free or discounted Services subject to specified terms and conditions (“Trial Services”). Users must provide payment information in order to utilize any Trial Services. Trial Services may not be combined with any other offer and are only available to Users who do not currently have an account at the time of registration, unless otherwise stated in the Trial Services terms and conditions. Active Kids reserves the right, in its sole discretion, to revoke any Trial Services if Active Kids determines that you have created multiple accounts in order to obtain unauthorized promotional offers. You will be billed for any Services not included in Trial Services.
User membership plans may be modified through User’s account on Site. Active Kids does not provide any prorated refunds for unused Services. If you are not satisfied with Services for any reason, please contact us via chat on Site. Active Kids reserves the right to provide any refunds to dissatisfied Users in its sole discretion.
Active Kids may record and monitor Service sessions, including, but not limited to, any audios, videos, chats, files, and documents, at any time for quality assurance and management purposes and any other internal purposes as Active Kids deems necessary without further notice of consent to you.
You may deactivate your account at any time by selecting ‘deactivate’ through your account on Site or contacting us. Your account will only be deactivated and closed after all transactions have been processed including payment for Services provided and assessed penalties. After your account is deactivated, you may still be able to access all of your data, including your completed Service sessions, documents, chat messages, photos, reviews, ratings, and any other available data that you shared on or through Site. Active Kids may suspend and/or deactivate your account in its sole discretion for any reason, including, but not limited to, inactivity, misuse, or breach of these Terms.
Active Kids may update and modify Services at any time for any reason in its sole discretion. Such updates or modifications may result in changes in the appearance and/or functionality of Services, including the addition, modification, or removal of functionality, features, or content. Excluding the addition of wholly new products or services, Active Kids shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to Services.
You shall:
(i) be responsible for your compliance with these Terms, including the Fair Use Policy
(ii) be solely responsible for the accuracy, quality, integrity, and legality of any information, documents, or other content that you submit, upload, or publish on Site, and of the means by which you acquire or generate such information, documents, or content
(iii) use reasonable efforts to prevent unauthorized access to or use of Services under your account, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for Services
(iv) be solely responsible and liable for all activity conducted through your account in connection with Services
(v) promptly notify Active Kids if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any other User’s) user name, password, or account
(vi) use Services only in accordance with applicable laws and government regulations
(vii) comply in all respects with all applicable terms of any third-party services that you use or otherwise access in connection with your use of Services. You must not
Active Kids may suspend your access to Services for abusive practices that degrade the performance of Services for you and/or other Users, including Tutors.
You acknowledge that the rights granted to you under these Terms are non-exclusive and that nothing in these Terms will be interpreted or construed to prohibit or in any way restrict Active Kids right to license, sell, or otherwise make available Services to any other User or third party.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Active Kids on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Active Kids by someone else. Agreement to Binding Arbitration Between You and Active Kids
You and Active Kids agree that any dispute, claim or controversy arising out of or relating to-
You acknowledge and agree that you and Active Kids are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Active Kids otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Active Kids each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Not withstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Active Kids changes this Arbitration Agreement after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Active Kids written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process (the address shown at the end of this page), or (b) by email from the email address associated with your Account to: activekids.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Active Kids in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason,
severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
As between you and Active Kids, it retains all rights, titles, and interest in and to Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect Services or any of Active Kids rights or interests therein or any other intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to Services not expressly granted in these Terms are reserved by Active Kids. You may from time to time provide suggestions, comments or other feedback to Active Kids with respect to Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for Active Kids notwithstanding anything else. You shall, and hereby do, grant to Active Kids a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
You shall indemnify, defend, and hold harmless Active Kids, and its subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives, from and against any and all claims, losses, damages, penalties, liabilities, costs, fees, or expenses, including reasonable attorneys’ fees, of any kind or nature incurred or suffered by Active Kids arising out of, relating to, or resulting from these Terms or your use of Services to the fullest extent permitted by applicable law and regulation. This includes your breach of these Terms, improper or unlawful acts or omissions, violation of any third-party right, including any intellectual property or privacy rights, or any injury or damage caused to a third party.
To the maximum extent permitted by applicable law, in no event shall Active Kids, or its subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, or other legal representatives, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, that result from the use of, or inability to use, services or any other aspect of these terms. Under no circumstances will Active Kids be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of services or your account or the information contained therein.
The parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under these terms, which would have been substantially higher if Active Kids were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms. Nothing in these terms is intended to exclude or restrict or shall be construed as excluding or restricting the liability of Active Kids for (i) death or personal injury caused by the negligence of Active Kids its employees, or its agents; (ii) willful misconduct of Active Kids; or (iii) any liability which cannot be limited or excluded by applicable law.
Assignment. You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of Active Kids (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. Active Kids may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. Active Kids may also substitute, by way of unilateral novation, effective upon notice to you, for any third party that assumes our rights and obligations under these Terms.
Modifications Active Kids reserves the right to modify, supplement, or replace these Terms, effective upon posting on Site or notifying you otherwise. Your continued use of Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by Active Kids as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by Active Kids and you.
Severability: Each provision of these Terms is severable. If any provision of these Terms is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these Terms or of that provision in any other jurisdiction.
Nature of Relationship No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Force Majeure: Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts, or labour disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
Entire Agreement. These Terms, together with any applicable attachments and theshakehand’s privacy policy, constitute the entire agreement between the parties with respect to the use of Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns.
Contact If User has any questions regarding these Terms, User may contact Active Kids directly on Site. Active Kids cannot guarantee receipt of any correspondence, including mail, messages, and emails, thus, receipt of any correspondence submitted to Active Kids is not confirmed until and unless User receives a written email response from a Active Kids representative confirming such receipt. Active Kids is not liable for any correspondence that is lost, delayed, or misdirected.
