The Company’s websites and products are directed to adults and not directed to children under the age of 18. The Company does not permit registration by and will not knowingly collect personally identifiable information from anyone under age 18 or any minor.
You agree that the Site itself, as well as all content including but not limited to text, images, videos, graphics, artwork, photos, audio recordings, training materials, products, services, reports, data, documents, information, logos, icons, software, tools, blogs, podcast feeds, html code and/or other materials made available on this Site by the Company or third parties, as well as the look and feel of all of the foregoing (collectively referred to as the “Content”), are owned by the Company and/or its third party providers.
The Content on this Site is for general informational purposes and is not intended to be applicable/appropriate for everyone and/or every situation.
The Company may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site and its Content (including but not limited to podcast feeds and videos) at any time, in its sole discretion, without notice or liability and to immediately require you to cease accessing or otherwise using any and all Content.
The Company and its owners, directors, officers, employees, agents, assigns, successors, licensees, licensors, vendors, subcontractors and third party providers will not be liable for any loss or damage arising from your use of or in connection with the Content of this Site.
a) Modify, copy, duplicate, screen capture, reproduce, forward, transfer, display, publish, broadcast, sell, rent, license or sub-license, create derivative works from, upload, download (other than for caching purposes), post, transmit, distribute, use for public or commercial purposes, or exploit in any way the Content generated by or obtained from this Site, whether through links or otherwise.
b) Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Content provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site.
c) Probe, scan or test the vulnerability of any Content, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to the Content, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, systematic or automated data collection activities (including but not limited to password mining, data mining, data extraction, data harvesting and scraping) or any other means of circumventing any access-limiting, user authentication or security device of any Content, products, services, systems, networks, servers, or accounts related to this Site;
d) Modify, copy, obscure, remove, or display the Company’s name, trademarks, text, notices, or images without the Company’s express written permission;
e) Include the Company’s name or any Company trademark or officer’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by the Company.
f) Use this Site and its Content in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
g) Use this Site to copy, store, host, transmit, send publish or distribute any material which consists of (or linked to) any spyware, computer virus, Trojan house, worm, keystroke logger, rootkit or any other malicious computer software.
3) The Company grants you a limited, revocable, non-exclusive right to create a hyperlink (Link) to this Site provided you comply with the following conditions:
a) The Link must resolve to BeAKidsHero.com. ,
b) The text of the link must read BeAKidsHero™ or BeAKidsHero.com , and
c) The Link and surrounding context on the linking site must not: 1) falsely represent or misrepresent any relationship between the site and the Company including suggestions of affiliation, endorsement or sponsorship; 2) portray the Company or its products or services in a false, misleading, derogatory or otherwise misleading manner; or 3) alter the Content, look or feel of the Site.
If you have created a Link that complies with the above conditions, you may create a Link to any internal page of this Site that is located one or several levels down from the home page (known as deep Links) provided that all such deep Links (including Links to podcasts and videos) must be in close proximity to the Link that complies with the above conditions or you provide attribution to BeAKidsHero.com.
4) All trade names, trademarks, service marks and logos used in the Content on this Site, including without limitation the trade names and trademarks BeAKidsHero™, Ginger Kadlec: BeAKidsHero™ and Sexual Abuse Prevention System™ are the exclusive property of their respective owners. All Company logos, graphics, page headers and product names are trademarks or service marks of the Company. The Company’s trademarks and service marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
The Company respects the copyright, trademark and all other intellectual property rights of others. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at email@example.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
5) The Content on this Site is for personal, informational and non-commercial purposes only. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site. The Content on this site is not intended to be legal advice, professional advice or advice of any kind and it should not be construed as such. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Content on this Site before making any decisions or taking action based on such Content. In exchange for using such Content, you agree not to hold the Company liable for any possible claim for damages arising from any decision you make or action you take based on the Content made available to you through this Site.
Data and other materials appearing on this Site that are provided by third parties are believed by the Company to be obtained from reliable sources, but the Company cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. The Company is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink as well as third party Content and third party materials provided as resources on this Site (including but not limited to books, videos, podcasts and blogs). The fact that the Company has provided a Link to a third party’s website or has provided any third party Content or provided any third party materials as resources does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by the Company or any of the Company’s owners, directors, officers, employees, agents and assigns with respect to such website, Content and resources, its owners, providers, products or services. You will use any such third-party websites, Content and resources at your own risk and you agree that the Company is not liable for any loss or damage that you may suffer by using third-party websites, Content or resources or any advertising, products, or other materials and content in connection therewith.
6) Certain parts of this Site may be protected by passwords or require a login. You agree to provide the Company with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this Site to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins and passwords when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of this Site, or to any protected Content or information, through any means not intentionally made available to you by the Company. The Company reserves the right to restrict access to any area of this Site, or indeed this entire Site, at the Company’s discretion without notice or liability.
You are responsible for maintaining the confidentiality of any account information, user names, logins and passwords that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins and passwords that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact the Company immediately. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph. The Company may disable your user ID and password in the Company’s sole discretion without notice, explanation or liability.
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company electronically via any e-mail address you provide in the Company.
7) If you submit, post, e-mail, upload, transmit or otherwise make available to this Site or the Company any comments, suggestions, text, drawings, photographs, images, graphics, video material, designs, information, data, audio material, quotations, documents, files, computer programs, or any other material (“Submitted Material”), you agree that you are solely responsible for such Submitted Material and that you are not a minor. By submitting, posting, e-mailing, uploading, transmitting or otherwise making available Submitted Material to the Site or the Company, you represent and warrant that either you own all right, title and interest in and to the Submitted Material or have express permission from the owner to copy and use such Submitted Material for all purposes related to the Site. The Company does not control and is not responsible for the Submitted Material made available to the Site and the Company neither guarantees the accuracy, quality or appropriateness of nor endorses any Submitted Material made available to the Site or the Company. The Company may, in its sole discretion, for any reason whatsoever, without notice and without liability monitor, post, move or remove, in whole or in part, Submitted Material on this Site.
You agree not to use this Site to:
a) submit, upload, post, e-mail, transmit, or otherwise make available any Submitted Material that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
b) harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) submit, upload, post, e-mail, transmit, or otherwise make available any Submitted Material t that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
e) submit, upload, post, e-mail, transmit, or otherwise make available any Submitted Material that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right, moral right or legal right of any party, and must not be capable of giving rise to legal action whether against you, the Company or any third party;
f) submit, upload, post, e-mail, transmit, or otherwise make available any Submitted Material that contains personal information or specific account details about yourself or any person or entity;
g) submit, upload, post, e-mail, transmit, or otherwise make available any Submitted Material that contains advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
h) submit, upload, post, e-mail, transmit, or otherwise make available any Submitted Material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i) intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes; or
j) submit, upload, post, e-mail, transmit, or otherwise make available any Submitted Material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
8) Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to contracts, intellectual property, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of data exported from the United States.
9) The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
11) THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, SUCCESSORS, LICENCORS, LICENCEES, VENDORS, SUBCONTRACTORS AND THIRD PARTY PROVIDERS MAKE NO REPRESENTAIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, PERFORMANCE, TIMELINESS OR CONTINUIED AVAILABILITY, WITH RESPECT TO 1) THIS SITE; 2) ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE; 3) USE OF THIS SITE AND THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE; AND 4) THE RESULTS OF THE USE OF THIS SITE AND THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. THE COMPANY AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, SUCCESSORS, LICENCORS, LICENCEES, VENDORS, SUBCONTRACTORS AND THIRD PARTY PROVIDERS DOES NOT WARRANT THAT ANY CONTENT ON THIS SITE IS NON-MISLEADING NOR DO THEY WARRENT THAT BY USING THIS SITE AND ITS CONTENT, YOUR CHILD OR ANY OTHER CHILD WILL NOT BE THE VICTIM OF CHILD ABUSE.
FURTHER, THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OF OR DELIVERY OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THIS SITE AND IT DISCLAIMS ALL WARRANTIES THAT THE CONTENT IS FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
EXCEPT AS PROVIDED BY LAW, NEITHER THE COMPANY OR THIRD PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON THIS SITE OR TO SUPPLY CORRECTIONS, UPDATES OR RELEASES FOR THE SAME.
NOTHING ON THIS SITE CONSITUTES, OR IS MEANT TO CONSITITUTE, ADVICE OF ANY KIND, BUT RATHER IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. IF YOU REQUIRE ADVICE IN RELATION TO ANY MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
12) THE COMPANY AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, SUCCESSORS, LICENCORS, LICENCEES, VENDORS, SUBCONTRACTORS AND THIRD PARTY PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (for example, your web service provider, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
13) TO THE MAXIMIUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, SUCCESSORS, LICENCORS, LICENCEES, VENDORS, SUBCONTRACTORS, THIRD PARTY PROVIDERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THIS SITE AND/OR ANY CONTENT ON THIS SITE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO, LOSS OR CORRUPTION OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE, INCOME, CONTRACTS, RELATIONSHIPS, GOODWILL, REPUTATION, USE OR ANY OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE OR COMMUNICATIONS LINE FAILURE, OR COST OF CAPITAL, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, CAUSED BY THE USE OR INABILITY TO USE THIS SITE, CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED THEREIN, OCCASIONED BY ANY DEFECT IN THIS SITE, THE CONTENT, AND/OR RELATED MATERIALS, OR CAUSED BY ANY OTHER MATTER RELATTED TO THIS SITE, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
15) Within 30-days of purchase, if you are not satisfied with a Company product, you may request a full refund by contacting the Company. Refunds for purchases made by a credit or debit card will be made by crediting the card used for the purchase. After 30-days from the date of purchase, no refunds will be made.
21) The Company may transfer, sub-contract or otherwise deal with the Company’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.
22) If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 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.
Last Updated: May 31, 2016