Children of Tomorrow, Inc. – Childrenoftomorrow.com
TERMS AND CONDITIONS – 01/30/14
These terms and conditions govern your use of childrenoftomorrow.com; by using childrenoftomorrow.com, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use childrenoftomorrow.com.
You must be at least eighteen  years of age to childrenoftomorrow.com. By using childrenoftomorrow.com and by agreeing to these terms and conditions you warrant and represent that you are at least eighteen  years of age.
License to use website
Unless otherwise stated, Children of Tomorrow, Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You MUST NOT:
- REPUBLISH material from childrenoftomorrow.com;
- SELL, rent or sub-license material from the website;
- SHOW any material from the website in public;
- REPRODUCE, DUPLICATE, COPY or otherwise exploit material on childrenoftomorrow.com for a commercial purpose
- EDIT or otherwise modify any material on the website
- REDISTRIBUTE material from childrenoftomorrow.com with the exception of content specifically and expressly made available for redistribution.
You must not use childrenoftomorrow.com in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use childrenoftomorrow.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to childrenoftomorrow.com without Children of Tomorrow, Inc. express written consent.
You must not use childrenoftomorrow.com to transmit or send unsolicited commercial communications.
You must not use childrenoftomorrow.com for any purposes related to marketing without Children of Tomorrow, Inc. express written consent.
Access to certain areas of childrenoftomorrow.com is restricted. Children of Tomorrow, Inc. reserves the right to restrict access to CUSTOMER areas of childrenoftomorrow.com, or indeed this entire website, at Children of Tomorrow, Inc.’s discretion.
If Children of Tomorrow, Inc. provides you with a user ID and password to enable you to access restricted areas of childrenoftomorrow.com or other content or services, you must ensure that the user ID and password are kept confidential.
Children of Tomorrow, Inc. may disable your user ID and password in Children of Tomorrow, Inc.’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to childrenoftomorrow.com, for whatever purpose.
You grant to Children of Tomorrow, Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Children of Tomorrow, Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Children of Tomorrow, Inc. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Children of Tomorrow, Inc. reserves the right to edit or remove any material submitted to childrenoftomorrow.com, or stored on childrenoftomorrow.com servers, or hosted or published upon childrenoftomorrow.com.
Notwithstanding Children of Tomorrow, Inc.’s rights under these terms and conditions in relation to user content, Children of Tomorrow, Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, childrenoftomorrow.com.
childrenoftomorrow.com is provided “as is” without any representations or warranties, express or implied. Children of Tomorrow, Inc. makes no representations or warranties in relation to childrenoftomorrow.com or the information and materials provided on childrenoftomorrow.com.
Without prejudice to the generality of the foregoing paragraph, Children of Tomorrow, Inc. does not warrant that:
childrenoftomorrow.com will be constantly available, or available at all; or the information on childrenoftomorrow.com is complete, true, accurate or non-misleading. Nothing on childrenoftomorrow.com constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of liability
Children of Tomorrow, Inc.will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, childrenoftomorrow.com:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Children of Tomorrow, Inc. has been expressly advised of the potential loss.
Nothing in childrenoftomorrow.com disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in childrenoftomorrow.com disclaimer will exclude or limit Children of Tomorrow, Inc.’s liability in respect of any:
- death or personal injury caused by Children of Tomorrow, Inc.’s negligence;
- fraud or fraudulent misrepresentation on the part of Children of Tomorrow, Inc.; or matter which it would be illegal or unlawful for Children of Tomorrow, Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using childrenoftomorrow.com, you agree that the exclusions and limitations of liability set out in Children of Tomorrow, Inc. disclaimer are reasonable.
If you do not think they are reasonable, you must not use childrenoftomorrow.com.
You accept that, as a limited liability entity, Children of Tomorrow, Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Children of Tomorrow, Inc.’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in childrenoftomorrow.com disclaimer will protect Children of Tomorrow, Inc.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Children of Tomorrow, Inc..
If any provision of childrenoftomorrow.com disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of childrenoftomorrow.com disclaimer.
You hereby indemnify Children of Tomorrow, Inc. and undertake to keep Children of Tomorrow, Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Children of Tomorrow, Inc. to a third party in settlement of a claim or dispute on the advice of Children of Tomorrow, Inc.’s legal advisers) incurred or suffered by Children of Tomorrow, Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Children of Tomorrow, Inc.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Children of Tomorrow, Inc. may take such action as Children of Tomorrow, Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Children of Tomorrow, Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of childrenoftomorrow.com from the date of the publication of the revised terms and conditions on childrenoftomorrow.com. Please check this page regularly to ensure you are familiar with the current version.
Children of Tomorrow, Inc. may transfer, sub-contract or otherwise deal with Children of Tomorrow, Inc.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Children of Tomorrow, Inc. in relation to your use of childrenoftomorrow.com, and supersede all previous agreements in respect of your use of childrenoftomorrow.com.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the State of Minnesota, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Minnesota.
childrenoftomorrow.com is wholly owned and operated by Children of Tomorrow, Inc.
Children of Tomorrow, Inc. is registered in Minnesota.
Chanhassen Location: 1490 Lake Drive West, Chanhassen, MN 55317 (952) 448-7829
Waconia Location: 410 East Tenth St. Waconia, MN (952) 443-9900
You can contact Children of Tomorrow, Inc. by email to firstname.lastname@example.org