Terms of Service
Please read this agreement carefully before accessing or
using this site. By accessing or using the site, or purchasing
our products, you agree to be bound by this agreement.
Use Of Information And Services
The information (including without limitation advice and
recommendations), services and products on the site are intended
solely as a general aid. No information, products or services
contained here should be construed as medical, developmental,
or health care advice for any individual problem or circumstance.
Such information, products or services are NOT a substitute
for professional medical, developmental or other professional
advice and services from a qualified provider familiar with
your unique facts. Always seek the advice of your physician
or other qualified health care provider with any questions
you may have regarding a medical condition and prior to starting
any new treatment. Nothing contained in this site is intended
to be used for medical or developmental diagnosis or treatment.
The information and services are provided with the understanding
that Model Me Kids is not engaged in rendering legal, medical,
counseling or other professional services or advice. Your
use of the site is subject to the additional disclaimers and
caveats that may appear throughout the site. Model Me Kids
and its agents assume no responsibility for any consequence
relating directly or indirectly to any action or inaction
you take based on the information, services or other material
on this site. While Model Me Kids strives to keep the information
on this site accurate, complete, and up-to-date, Model Me
Kids cannot guarantee, and will not be responsible for any
damage or loss related to, the accuracy, completeness or timeliness
of the information.
Links To Other Web Sites
This site may include links to other Internet sites solely
as a convenience to users. Model Me Kids does not endorse
any such sites or the information, material, products or services
contained on or accessible through the sites, and you access
and use such sites, including information, material, products
and services therein, solely at your own risk.
Disclaimer Of Warranty
Model Me Kids DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES
WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED
ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF
ANY KIND.
Limitation Of Liability
IN NO EVENT SHALL Model Me Kids BE LIABLE FOR ANY SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE OR
OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS
OR SERVICES PURCHASED THROUGH THIS SITE, MODEL ME KIDS' LIABILITY,
IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE
GOODS, OR, AT MODEL ME KIDS' ELECTION, TO THE REPAYMENT OR
CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE
OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT
AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless Model Me
Kids from any liability, loss, claim and expense (including
attorneys' reasonable fees) related to (i) your violation
of this agreement, and (ii) your posting of material to this
site.
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Proprietary Rights
All materials on this site (as well as the organization and
layout of the site) are owned and copyrighted by Model Me
Kids and may be accessed, downloaded or printed for your personal
non-commercial use only. Without the prior written permission
of Model Me Kids, you may not copy, distribute or transfer
any material on this site, in whole or in part. All trademarks,
service marks, and trade names (collectively the "marks")
are proprietary to Model Me Kids or other respective owners
that have granted Model Me Kids the right and license to use
such marks.
License
Each dvd and CD-Rom (the "Program") comes with a single user
license unless additional licenses have been expressly purchased.
The Program may be used only by you. "You" includes an individual
or a single school classroom. You may install and use one
copy of the Program on any dvd player or computer system you
operate, as long as you can be sure that you are the sole
user and that you only use it from one machine at a time.
Each individual or classroom must purchase a separate license
to the Program to use it. A single license for the Program
may not be shared or used concurrently on different computers
or by different individuals. If you include the Program in
any type of automated production management which is operated
by a different individual than the licensed user, then you
must purchase a separate license for each user that can access
the Program. The License and purchase of the Program is subject
to the Terms of Service on the Model Me Kids website (www.modelmekids.com
). Not for sale to or use by lending libraries.
Submissions
All submissions you make to us, including but not limited
to emails, postings to discussion boards, contests, creative
suggestions, ideas, notes, drawings, concepts, or other information
(the “Submissions”), shall be deemed, and shall remain, the
property of Model Me Kids, LLC. Submissions are not subject
to any obligation of confidence on the part of Model Me Kids,
LLC, its employees or assigns, and we shall not be liable
for any use or disclosure of any Submissions. Without limitation
of the foregoing, Model Me Kids, LLC shall exclusively own
all now-known or hereafter existing rights to the Submissions
of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions.
Changes to Terms and Website
Model Me Kids may make improvements or changes in the information,
services, products, and other materials on this site, or terminate
this site, at any time without notice. Model Me Kids may modify
this agreement at any time, and such modifications shall be
effective immediately upon posting of the modified agreement.
Accordingly, you agree to review the agreement periodically,
and your continued access or use of this site shall be deemed
your acceptance of the modified agreement.
Miscellaneous
This agreement and the resolution of any dispute related
to this Agreement or the site shall be governed by and construed
in accordance with the laws of Delaware, without giving effect
to any principles of conflicts of law. Model Me Kids' failure
to insist upon strict enforcement of any provision of this
agreement shall not be construed as a waiver of any provision
or right. Any legal action or proceeding between Model Me
Kids and you related to this agreement shall be brought exclusively
in a federal or state court of competent jurisdiction sitting
in Delaware.
Notices
Model Me Kids, Time for School © 2005 by Model Me Kids, LLC.
All Rights Reserved.
Model Me Kids, Time for a Playdate © 2005 by Model Me Kids,
LLC. All Rights Reserved.
Model Me Kids, I Can Do It! © 2006 by Model Me Kids, LLC.
All Rights Reserved.
Model Me Kids, Model Me Conversation Cues © 2007 by Model
Me Kids, LLC . All Rights Reserved.
Model Me Kids, Model Me Friendship © 2007 by Model Me Kids,
LLC. All Rights Reserved.
Model Me Kids, Model Me Tips & Tricks © 2008 by Model
Me Kids, LLC . All Rights Reserved.
Model Me Conversation Cues is a Registered Trademark.
Model Me Kids is a Registered Trademark.
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