Terms of service
Last Updated: Oct. 3, 2023
Please carefully read this terms of service agreement (the “Agreement”). By accessing or using the website at https://forkidds.com or any other websites, mobile sites, services, applications, platforms, and tools where this Agreement appears or is linked (collectively the “Site”) of ProKidds Inc. (“ProKidds”, "us", "we", or "our"), its affiliates, or agents with links to this Agreement) in any manner, including using the services and resources available or enabled via the Site (each a “Service” and collectively, the “Services”), completing the account registration process, or making a purchase, you represent that (1) you have read, understand, and agree to be bound by the terms of this Agreement, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into this Agreement. If you do not agree to be bound by the terms of this Agreement, you may not access or use this Site or the Services.
Your utilization of, and participation in, specific Services may be subject to additional terms (“Supplemental Terms”), and such Supplemental Terms will either be listed in this Agreement or presented to you for acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by the terms of this Agreement. If this Agreement conflicts with the Supplemental Terms, the Supplemental Terms shall prevail regarding such Service. This Agreement incorporates by reference our privacy policy, available at https://forkidds.com/policies/privacy-policy (“Privacy Policy”). Please carefully read and review the Privacy Policy in connection with your access and use of the Services.
THIS AGREEMENT MANDATES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO SETTLE DISPUTES, INSTEAD OF JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE AVAILABLE REMEDIES IN THE EVENT OF A DISPUTE.
Changes to this Agreement
You are responsible for periodically reviewing this Agreement. We reserve the right to revise this Agreement, at our sole discretion, at any time without prior notice to you. If you do not agree to this Agreement, please refrain from using this Site or the Services.
When changes are implemented, a new version of the Agreement will be made available on the Site. The "Last Updated" date at the top of the Agreement will also be updated. If we make substantial changes and you have registered to use the Services, we will send you an email to the most recent email address you provided to us as per the Agreement. Any alterations to the Agreement take effect immediately. We might require your consent to the updated Agreement in a specified manner before allowing further use of the Site or the Services. If you disagree with any change(s) after receiving notice of such change(s), you must discontinue using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). Please regularly check the Site to view the most current version of the Agreement.
NOTICE REGARDING MEDICAL AND HEALTH ADVICE.
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR INDIVIDUALIZED HEALTH ADVICE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR INDIVIDUALIZED HEALTH ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR HEALTH-RELATED CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. RELIANCE ON ANY CONTENT ON THIS SITE IS SOLELY AT YOUR OWN RISK. INFORMATION PROVIDED ON THE SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH THE SITE (IF ANY).
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT COVERED BY AND THEREFORE, ARE NOT COMPLIANT WITH, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND RELATED REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY APPLICABLE COMPLIANCE WITH FEDERAL OR STATE LAWS GOVERNING THE PRIVACY AND SECURITY OF PERSONAL INFORMATION, INCLUDING MEDICAL OR OTHER SENSITIVE DATA. YOU ACKNOWLEDGE THAT THE SITE MAY NOT BE APPROPRIATE FOR THE STORAGE OR CONTROL OF ACCESS TO SENSITIVE DATA, SUCH AS INFORMATION ABOUT HEALTH CONDITIONS OR MEDICAL HISTORY.
TERMINATION
We reserve the right to change, edit, suspend, delete, and/or cancel any part of the Site or the Services, or we may terminate this Agreement, and/or your permission to use the Site or the Services immediately, without prior notice or liability, if: (a) you commit any breach of this Agreement; (b) we discontinue the Site or the Services; (c) we are prevented from providing the Site or Services for any reason; (d) if required by law, or (e) due to an event beyond our control.
On termination of this Agreement for any reason: (a) all rights granted to you under this Agreement will cease immediately, (b) you must immediately cease all activities authorized by this Agreement (including your use of the Site or Services), and (c) you acknowledge that we may restrict your access to the Site. Any provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive the termination or expiration of this Agreement and continue in full force and effect thereafter.
PERMITTED USE AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Site and Services (including updates and upgrades that replace or supplement them in any respect and which are not distributed with a separate license, and any documentation) for your personal use on a device that you own or control.
You must not use (or permit a third-party to use) the Site: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site; (b) in a way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users; (c) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site; (d) link our products on or to any third-party e-commerce Site, marketplace, or mobile application without our specific written consent; (e) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), or (g) for any other purpose that is to ProKidds Inc.'s or its customers’ or partners’ detriment or commercial disadvantage.
Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout, or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not and you shall not cause, permit, or authorize another party to modify, copy, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer, or hack any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site; (h) you shall not cause, permit, or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Site; (i) you shall not use the Site for any unlawful, prohibited, abnormal, or unusual activity as determined by ProKidds in our sole discretion; and (j) you shall not use the Site in any way not intended by ProKidds. Any future release, update, or other addition to the Site shall be subject to this Agreement. We, our suppliers, and service providers expressly reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement.
You acknowledge and agree that you are solely responsible, and ProKidds has no responsibility or liability to you or any other person or entity for any breach by you of this Agreement or for the consequences of any such breach. You agree to promptly report to ProKidds any violation of this Agreement by others.
You agree not to provide inaccurate, misleading, or false information, including personal information, to ProKidds or to any other user. If information provided by you, including personal information, to ProKidds or another user subsequently becomes inaccurate, misleading, or false, you will promptly update the information. ProKidds is not responsible nor is ProKidds obligated to review any information, including any personal information, provided by you for its accuracy. In addition to the terms set forth herein, you agree NOT to provide us with any protected health information (i.e., information regarding medical conditions, diagnosis, or treatments), including, but not limited to demographic data that relates to:
* an individual’s past, present, or future physical or mental health or condition;
* the provision of health care to an individual;
* the past, present, or future payment for the provision of health care to an individual; or
* any information that identifies an individual or for which there is a reasonable basis to believe it can be used to identify the individual.
ACCOUNT REGISTRATION
To create an account and/or make purchases through the Site, you may be asked to submit certain information, which may include your name and/or a username, email address, and password. All of the information you provide to ProKidds must be accurate and complete. You agree to keep this information up to date; failure to do so may result in termination of your account or an inability to access the Site. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
Your account is for your personal use only. You may not authorize others to use your account, and your account is not transferable or sublicensable to third parties. You obtain no ownership rights in the Site or any content contained therein by creating an account. Instead, you are given a license to use our Site in accordance with this Agreement. The license to the Site and any information regarding your use of the Site will be valid as long as you remain in compliance with this Agreement. However, we may retain and use the information about your use of the Site as set forth in our Privacy Policy and our other policies.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE AND YOUR ACCOUNT BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE OR YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You represent and warrant that: (i) you will be the only person accessing the Site through the account you create, (ii) you will keep your account credentials, including password, secure, and (iii) you will notify ProKidds of any suspected breach of security or unauthorized use of your account.
You are solely responsible for protecting the security and confidentiality of your password and identification. We are not liable for any damages that result from unauthorized account access or use. You are solely responsible for the use of your account, how you use the Site, and your interactions with third parties through your use of the Site. You acknowledge that ProKidds is not liable for third-party access to your account that results from theft or misappropriation of your username and password, including any activities that occur using your account after any improper access event, theft, or misappropriation. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Links to Third-Party Content
The Services may display, include, or provide data, information, applications, plugins, products, services, listings, resources, platforms, functionality, or materials from third parties or provide links to certain third-party websites, webpages, platforms, or applications (collectively, “Third-Party Content”). Any activities in which you engage in connection with any Third-Party Content are subject to the privacy policies, terms and conditions of use, service and/or sale, and rules issued by the provider of such Third-Party Content. Third-Party Content are provided solely as a convenience to you and should not be interpreted as approval by us of that Third-Party Content. We have no control over the contents of Third-Party Content or the privacy policies of providers of Third-Party Content. The Third-Party Content may contain information about us and/or our Services that have not been approved and/or endorsed by us. We are not responsible for the contents of or the consequences of accessing any such Third-Party Content and disclaim any responsibility for the accuracy or appropriateness of the information contained therein. We encourage you to review the legal terms and privacy policies governing any Third-Party Content which you choose to access in connection with the Services.
SUBSCRIPTION PROCESS AND AUTO-RENEWAL NOTICE
If you purchase a subscription to our Services through our Site, you will receive an initial package with your refillable bottle, including your thirty (30) day supply of vitamin supplements. Every thirty (30) days thereafter, on the first day following the end of the previous thirty (30) day period, we will send you a shipment containing an additional thirty (30) day supply of the vitamin supplements you previously ordered (each, a “Renewal Commencement Date”), at our then-current price for such subscription. Our subscription term is a recurring thirty (30) day period so that you do not run out of your vitamin supplements at the end of each month.
Some subscriptions may auto-renew at the end of their duration for additional periods of the same duration at ProKidds’s then-current fee for such Services unless you cancel your subscription in accordance with the terms set forth herein.
There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and any relevant cost of shipping and handling. If your initial order includes a discount for your first order, you will be charged the non-discounted subscription amount for all subsequent months, unless your discount is expressly stated to apply for all future months.
By subscribing, you authorize us to charge your payment provider now and again on any Renewal Commencement Date. We may send you an email reminder prior to charging your payment provider on such Renewal Commencement Date. You may cancel or change your subscription at any time following the instructions provided in your confirmation emails, or by contacting us at info@forkidds.com. See our Cancellation and Refund Policy below for more details.
PAYMENT TERMS
We accept the following bank or credit cards: Visa, MasterCard, American Express, and Discover. At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply or other information available to us.
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We reserve the right to modify our fees for our products or shipping at any time. We will inform you of this at least 30 days before the change takes effect. You will have the opportunity to cancel the subscription before the price change occurs. When we notify you of the price change, we will also inform you that it will take effect if you do not cancel the subscription. Once the thirty (30) day period of validity ends, and as long as you have not canceled the subscription after receiving our information, we will charge you for the subscription at the new price. If you do not agree with the price change, you must cancel and stop using the subscription version before the Renewal Commencement Date when the change takes effect.
We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize ProKidds and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon the initial registration of your payment method, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact info@forkidds.com.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
SHIPPING
Currently, we only ship to addresses within the United States.
We will use our best efforts to send your product within 3-5 business days of order using USPS, UPS, or FedEx.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.
CANCELLATION
Your subscription will continue, and you will be charged, every thirty (30) days until you choose to cancel. However, please note that all fees for the Services are non-refundable. If you cancel your subscription before the Renewal Commencement Date, we will send you any outstanding supply of vitamin supplements you purchased, but we will not refund you any amounts for shipments not sent as of the date of cancellation. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time before the Renewal Commencement Date by emailing us at info@forkidds.com.
If you choose to cancel your subscription at any time, your subscription will terminate automatically, and we will not charge your payment provider on the next Renewal Commencement Date. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
REFUNDS
If you would like to request a refund, please contact us at info@forkidds.com. Any refunds will be issued by us in our sole discretion. Refunds shall not apply to discounted orders unless ProKidds expressly agrees.
PRODUCT REVIEWS
The Services allow registered users to post reviews, ratings, and comments about products sold on the Site (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation, or advance contained therein. Reviews posted on our Site may not be endorsed by ProKidds and may not represent the views of ProKidds. You acknowledge that any opinions, statements, recommendations, ratings, offers, advice, or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not ProKidds, are solely responsible and liable for any Reviews that you post, including the content contained therein. By posting a Review, you grant ProKidds a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Review of yours throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) provide, promote, and improve the Services and to make your Review shared on the Site available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Review of yours on other media and services, subject to this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that ProKidds may choose to provide attribution of your Review at our discretion. You further grant ProKidds the right to pursue at law any person or entity that violates your or ProKidds’s rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for ProKidds to publish and otherwise use) your Review as authorized herein.
ProKidds reserves the right to refuse to post or remove any material submitted or posted in any Review in its sole discretion. Notwithstanding the foregoing, you acknowledge that ProKidds is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. ProKidds does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and Reviews. You agree: (i) to base any Review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a Review in exchange for payment or other benefits from any individual or entity; and (iii) your Review will comply with the terms set forth herein. If ProKidds determines, in our sole discretion, that any Review could diminish the integrity of the Reviews, we may exclude such Review without notice. We may, but are not obligated to, monitor or review our Site at any time. If we become aware of any possible violations by you of this Agreement or applicable law, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site. You understand and agree that ProKidds may, but is not obligated to, review and delete (without notice) any information that ProKidds in its sole discretion determines violates this Agreement, violates the rights of another person or entity, or which might be offensive, illegal, or threaten the safety of others. Specifically, ProKidds may remove any Reviews in the event it determines, in its sole discretion, that a Review:
* Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
* Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
* Would constitute, encourage, promote, or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
* Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
* May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
* Constitutes mass mailings or “spamming”, “junk mail”, “chain letters”, or “pyramid schemes”;
* Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including ProKidds;
* Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers;
* Include or are intended to facilitate viruses, corrupted data, or other harmful, disruptive, or destructive files;
* Is unrelated to the topic of the Reviews or products in which such Review is posted;
* Is otherwise objectionable to ProKidds is in its sole discretion;
* Restricts or inhibits any other person from using or enjoying the Services, or
* May expose ProKidds or its users to any harm or liability of any type.
ELECTRONIC COMMUNICATIONS
By agreeing to this Agreement or using the Site, you agree to receive communications from ProKidds, including via email, text message, or telephone. Communications from ProKidds may include communications concerning marketing materials or responses to your inquiries. If you no longer want to receive our newsletter, emails, or other marketing communications, you may unsubscribe at any time by following the “unsubscribe” link at the bottom of our emails. If you no longer wish to receive telephone or text message communications from ProKidds, please see the Mobile Messaging Service section below on how you can opt-out.
DISCLAIMERS
While we try to maintain the timeliness, integrity, and security of the Site, the Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.
THEREFORE, WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT, OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE OR SERVICES WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE, THE SERVICES, AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICES, OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SERVICES OR THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES, INCLUDING IN CONNECTION WITH THE PRODUCTS OFFERED THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK.
PROKIDDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE TO DATA, LOSS OF USE, OR LOSS OF OPPORTUNITY OR PROFITS, WHETHER OR NOT PROKIDDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PROKIDDS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ProKidds, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of, related to, or in connection with: (i) your failure to comply with this Agreement or any breach by you of your representations and warranties hereunder; (ii) Reviews; (iii) our use of Reviews as contemplated or permitted under this Agreement; (iv) your violation of any rights of a third party; or (v) your use of the Services. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
MANDATORY ARBITRATION
All claims, disputes, and controversies arising out of or in any manner relating to this Agreement or any other agreement executed in connection with this Agreement, or to the performance, interpretation, application, or enforcement hereof, including but not limited to occurrence hereof (in each case, “Dispute”), shall be submitted to binding, non-appealable arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, unless the parties mutually agree otherwise. ANY DISPUTE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH DISPUTE AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO ASSERT THE DISPUTE.
YOU AND THE COMPANY AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND THE COMPANY ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding any other clause contained in this Agreement or the Commercial Arbitration Rules, any claim that all or part of the foregoing class action waiver is unenforceable, unconscionable, void, or revocable, may be determined only by a civil court of competent jurisdiction and not an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
Either party may make a demand for arbitration by filing a demand in writing with the other party and serving the same by depositing it in the U.S. Mail, certified mail, return receipt requested. All arbitration hearings conducted hereunder, and all judicial proceedings to enforce any of the provisions hereof, shall take place in Kent County, Delaware. The hearing before the arbitrator of the matter to be arbitrated shall be at the time and place within said County as is selected by the arbitrator. Each of the parties hereby irrevocably waives punitive, exemplary, consequential, and other non-compensatory damages in connection with any arbitration award with respect to any Dispute. Without modifying the foregoing, the prevailing party may recover arbitrator’s fees, expenses, and attorney’s fees from the non-prevailing party in connection with any arbitration award with respect to any Dispute.
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THIS AGREEMENT BY WRITING TO KENT COUNTY, DELAWARE. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION.
Waiver and Severability
The failure of the Company to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Mobile Terms
PROKIDDS INC
Last updated: Oct. 3, 2023
The PROKIDDS INC mobile message service (the "Service") is operated by PROKIDDS INC (“PROKIDDS”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to PROKIDDS’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of PROKIDDS through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with PROKIDDS. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 800-519-2240 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other PROKIDDS mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1 800-519-2240 or email hello@forkidds.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.