Subject to your compliance with these Terms of Use in effect at the time of your visit to the Site or use of the Service, KMCM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the public areas of the site.
Content
All text, graphics, images, music, video, audio, text, maps, animation, widgets, user interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Kidmincorinne.com is owned, controlled or licensed by or to Sean and Corinne Noble, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, or in a separate subscription or other license agreement you may execute with Kidmincorinne, no part of the site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution, or for any enterprise (commercial or non-commercial), without Kidmincorinne’s express prior written consent. In addition to these Terms of Use, please see the Curriculum Usage Guidelines (kkidmincorinne.com/usage) for other terms applying to use of curriculum content.
You may use information describing KMCM products and services purposely made available by KMCM for downloading from the site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, ministry, or informational purposes and do not copy or post such information on any networked computer or otherwise make it publicly available; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such information.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the the Site or KMCM’s curriculum or other Content available only to licensed subscribers, or any other systems or networks connected to the KMCM Site or to any KMCM server, or to any of the services offered on or through the KMCM Sites, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the KMCM Site or any network connected to the KMCM Site, nor breach the security or authentication measures on the KMCM Site or any network connected to the KMCM Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the KMCM Site, or exploit the KMCM Site or any service or information made available or offered by or through the KMCM Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the KMCM Site or KMCM’s systems or networks, or any systems or networks connected to the KMCM Site or to KMCM.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the KMCM Site or any transaction being conducted on the KMCM Site, or with any other person’s use of the KMCM Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to KMCM or through the KMCM Site or any service offered on or through the KMCM Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity when accessing or otherwise using the KMCM Site.
You may not use the KMCM Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of KMCM or others.
Comments and/or Content Originating With Users
Certain locations within the KMCM Site may allow account owners to post reviews, comments, or other communications; or submit suggestions, ideas, comments, questions, or other information. By posting content, you agree not to post content that infringes upon the intellectual property rights of any third party (including but not limited to copyright and trademark), or that is illegal, obscene, threatening, defamatory, invasive of privacy, injurious to any third party, or otherwise objectionable. You further agree that you will not post or submit any content which contains a virus, adware, spyware, or any other software or code which may be harmful to a third party’s computer or network, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not create an account using a false e-mail address or post content under a false account or a third party’s account without express permission, impersonate any person or entity, or otherwise mislead as to the origin of any post or submission.
KMCM reserves the right to remove or edit any content submitted to or posted on a KMCM Site. However, KMCM does not regularly review content posted and is not responsible for content originating with a party other that KMCM. KMCM makes no warranty regarding content posted by third parties. By posting content, you grant to KMCM an irrevocable, worldwide, non-exclusive license to use or exploit the content to market KMCM or its products or services.
Links to Other Sites
The KMCM Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under KMCM’s control, and KMCM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
KMCM DOES NOT PROMISE THAT THE KMCM SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE KMCM SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE KMCM SITE WILL PROVIDE SPECIFIC RESULTS. THE KMCM SITE AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE KMCM SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HOWEVER, TO THE EXTENT THAT THESE TERMS OF USE HAVE CHANGED SINCE YOUR PRIOR VISIT TO THE SITE, ONLY THE TERMS IN EFFECT AT THE TIME OF YOUR VISIT WILL APPLY TO YOU. KMCM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE RT SITES WILL BE FREE OF VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES. KMCM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. KMCM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE KMCM SITES AND/OR ANY KMCM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE KMCM SITES AND ANY LINKED SITES. EXCEPT AS MAY BE SPECIFIED IN A SEPARATE AGREEMENT, YOUR SOLE REMEDY AGAINST KMCM FOR DISSATISFACTION WITH THE KMCM SITE OR ANY CONTENT IS TO STOP USING THE KMCM SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND KMCM.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
KMCM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the KMCM Site, or any portion of the Site, for any reason; (2) to modify or change the KMCM Site or any portion of the KMCM Site; and (3) to interrupt the operation of the KMCM Site, or any portion of the KMCM Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will KMCM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if KMCM has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold KMCM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against KMCM by any third party due to or arising out of or in connection with your violation of these Terms of Use.
Violation of These Terms of Use
KMCM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the KMCM Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) KMCM’s rights or property, or the rights or property of visitors to or users of the KMCM Site. KMCM reserves the right at all times to disclose any information that KMCM deems necessary to comply with any applicable law, regulation, legal process, or governmental request. KMCM also may disclose your information when KMCM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that KMCM may preserve any transmittal or communication by you with KMCM through the KMCM Site or any service offered on or through the KMCM Site, and may also disclose such data if required to do so by law or KMCM determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of KMCM, users of or visitors to the KMCM Site, and the public.
You agree that KMCM may, in its sole discretion and without prior notice, terminate your access to the KMCM Site and/or block your future access to the KMCM Site if it is determined that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the KMCM Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to KMCM, for which monetary damages would be inadequate, and you consent to KMCM obtaining any injunctive or equitable relief that KMCM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies KMCM may have at law or in equity.
You agree that KMCM may, in its sole discretion and without prior notice, terminate your access to the KMCM Site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) discontinuance or material modification of the KMCM Site or any service offered on or through the KMCM Site; or (3) unexpected technical issues or problems.
If KMCM does take any legal action against you as a result of your violation of these Terms of Use, KMCM will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to KMCM. You agree that KMCM will not be liable to you or to any third party for termination of your access to the KMCM Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the KMCM Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the federal court in Phoenix, Arizona, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between KMCM and you arising out of or in connection with your use of the KMCM Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Although the KMCM Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the KMCM Site is available to all persons or in all geographic locations, or appropriate or available for use outside the United States. KMCM reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the KMCM Site is void where prohibited. If you choose to access the KMCM Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the KMCM Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and KMCM with regard to your use of the KMCM Site, and any and all other written or oral agreements or understandings previously existing between you and KMCM with respect to such use are hereby superseded and cancelled. KMCM’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by KMCM of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between KMCM and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at a KMCM Site shall be deemed to be non-confidential. KMCM shall be free to use such information on an unrestricted basis.
Changes to Terms of Use
Should KMCM change any of the Terms of Use above, it will display them on the KMCM Site. Please review these Terms of Use frequently as KMCM may modify them from time to time. As provided in the disclaimer above, only the Terms of Use in effect at the time of your visit will apply to you.
[Updated May 19, 2018]