Terms & Conditions

ESSENTIAL BRANDS, INC. TERMS AND CONDITIONS

Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Essential Brands, Inc.  or its affiliates, successors, or assigns (“Kiddie Academy”, “our” or “we”), as well as any online features, services and/or programs offered by Kiddie Academy (collectively, the “Website”).

Kiddie Academy is the franchisor for a franchise system relating to the establishment and operation of child care and early childhood educational centers throughout the United States (each an “Academy”). Under the terms of Kiddie Academy’s franchise agreement, Kiddie Academy provides certain authorizations, licenses and other rights to third party franchisees (each an “Authorized Franchisee”). Authorized Franchisees own and operate their own Academy(ies) under the quality assurance and other guidelines established by Kiddie Academy, but each Academy is otherwise independent of Kiddie Academy’s control. Kiddie Academy is not responsible for the conduct of its Authorized Franchisees, including any Internet sites that they may operate (whether or not linked to a Website, as defined below) and their collection and use of personal information. However, as a convenience to our Authorized Franchisees, we host the web pages maintained by Authorized Franchisees on the Website. These Terms also apply to all web pages maintained by Authorized Franchisees on the Website.

These Terms do not apply to web pages operated and/or owned by an entity other than Kiddie Academy. Users of web pages operated and/or owned by entities other than Kiddie Academy should refer to the Terms and Conditions in effect for the applicable web page owner.

By accessing or using the Website, you acknowledge the information set forth above and agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. The Website is not intended for, or designed to be used by or attract, children under the age of sixteen (16).

CONVENIENCE AND INFORMATION ONLY

The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, neither Kiddie Academy nor any Authorized Franchisee warrants or represents that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) Kiddie Academy or any Authorized Franchisee has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained by you in response to questions asked through the Website is accurate or complete.

 

SITE USE AND CONTENT

You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Kiddie Academy. We may make changes to the Website and/or to the services described in these Terms at any time and without further notice to you.

I. DISCLAIMERS

(a) NO WARRANTIES. You expressly agree that your use of the website is at your sole risk. The website and the content are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Neither Kiddie Academy nor any authorized franchisee make any representations or warranties that the website, the content or any services offered in connection with the website are or will remain uninterrupted or error-free, that defects will be corrected or that the web pages on the website, or the servers used in connection with the website, are or will remain free from any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components. Neither Kiddie Academy nor any Authorized Franchisee guarantees that you will be able to access or use the website at times or locations of your choosing, or that Kiddie Academy will have adequate capacity for the website as a whole or in any specific geographic area. The entire liability of Kiddie Academy and any Authorized Franchisee, and your exclusive remedy with respect to the use of any service or product provided on or through the website, will be the refund of the purchase price for any products or services found to be inadequate.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Kiddie Academy and Authorized Franchisees, and their respective owners, directors, officers, employees and agents, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Kiddie Academy or any Authorized Franchisee, directly or indirectly, with respect to or arising out of: (i) your failure to comply with or your breach of these Terms; and/or (ii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

(c) LIMITATION OF LIABILITY. In no event will Kiddie Academy or any Authorized Franchisee be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the website and/or any products or services provided in connection with the website or for any other claim related in any way to your use of the website and/or any products or services provided in connection with the website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions the liability of Kiddie Academy and Authorized Franchisees will be limited to the greatest extent permitted by applicable law.

(d) NO GUARANTEE OF ADMISSION. The availability of the Website does not constitute an offer for placement at an Academy or a guarantee of availability of services by any Authorized Franchisee.

(e) PRIVACY. Personal data that you provide to Kiddie Academy regarding yourself and/or your children will be handled in accordance with Kiddie Academy Privacy Policy.

II. THIRD PARTY CONTENT

(a) The Website may provide hyperlinks to other websites maintained by third parties, or third-party content may be provided on the Website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content on any linked website is not under Kiddie Academy’s or any authorized franchisee’s control, and neither Kiddie Academy nor such Authorized Franchisees is responsible for the content of linked websites, including any further links contained in a third-party website. If you decide to access any of the third-party websites linked to the website, you do so entirely at your own risk.

(b) If a third-party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Kiddie Academy or any Authorized Franchisee. Kiddie Academy and Authorized Franchisees may not be aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment or frame Content; (iii) may not imply that Kiddie Academy or any Authorized Franchisee is endorsing it or its products or services; (iv) may not misrepresent its relationship with Kiddie Academy or any Authorized Franchisee; (v) may not present false or misleading information about Kiddie Academy or any Authorized Franchisee, or their respective products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.

III. COPYRIGHT AND TRADEMARKS

The trademarks, service marks and logos used and displayed on the Website are either (a) Kiddie Academy’s, or its subsidiaries’ or affiliates’, or (b) another party’s registered and unregistered trademarks. Kiddie Academy is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Kiddie Academy, or its subsidiaries or affiliates, that may be referred to on the Website are the property of Kiddie Academy, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Kiddie Academy’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Kiddie Academy’s prior written permission. Kiddie Academy aggressively enforces its intellectual property rights. Neither the terms “Kiddie” or “Kiddie Academy”, nor any of Kiddie Academy’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Kiddie Academy’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph II(b) above may use the term “Kiddie” or “Kiddie Academy” in or as part of that link.

IV. SUBMISSIONS

By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to Kiddie Academy Privacy Policy. However, if you send, transmit, post, email or otherwise convey to Kiddie Academy or any Authorized Franchisee, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself or your child(ren), or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on social media sites (collectively, the “Submissions”), subject to Kiddie Academy Privacy Policy., none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant Kiddie Academy, its Authorized Franchisees, and their respective successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to Kiddie Academy, its Authorized Franchisees, and their respective successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to Kiddie Academy that any third-party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Kiddie Academy, its Authorized Franchisees, and their respective successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.

V. AVAILABILITY

Information that Kiddie Academy publishes on the Website may contain references or cross-references to products, programs or services of Kiddie Academy, its Authorized Franchisees, partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that Kiddie Academy, or any of its Authorized Franchisees, partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Kiddie Academy or an Authorized Franchisee near you for information regarding the products, programs and services that may be available to you, if any.

VI. COPYRIGHT COMPLAINTS

Kiddie Academy owns, protects and enforces copyright, trademarks, and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of Kiddie Academy. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Kiddie Academy will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Intellectual Property Infringement” to Kiddie Academy Customer Service at: 3415 Box Hill Corporate Center Drive, Abingdon, MD 21009, Attn: General Counsel.

VII. TERMINATION OF SERVICE

We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Kiddie Academy, its Authorized Franchisees or partners, to the business of the Website’s Internet service provider, or to other information providers.

VIII. GOVERNING LAW

These Terms will be governed by the laws of the State of Maryland, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of Maryland, Harford County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

IX. LOCAL LAWS

Kiddie Academy makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. The Website is intended for users in the United States only. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Kiddie Academy is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

YOUR CONSENT TO THIS AGREEMENT

By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms and acknowledgements. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to: ka@kiddieacademy.com.