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September 2010
S M T W T F S
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Member Login

Contact Us

Kid Koncierge
PO Box 5532
Traverse City, MI  49696
Phone (231) 218-0594
Email Us

Terms of Use

1.    Acceptance of Terms
Kid Koncierge provides a collection of on-line resources, including classified listings, advertising, a discussion board, and links to third party sites, available at KidKoncierge.com (the Site), that are subject to the following Terms of Use (Terms).  By using the Site in any way, you agree to comply with these Terms.  In addition, when using particular Kid Koncierge services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Kid Koncierge in any way, your only recourse is to immediately discontinue use of the Site and services.  Kid Koncierge will not be held liable for any loss or damage for non-compliance.

These Terms may be updated by Kid Koncierge.  You understand and agree that unless expressly stated, Kid Koncierge in no way controls, verifies, or endorses any of the information contained on or in our Site and services including listings, links, messages, advertisements, and reviews.

2.    Registration
Although registration is not required to use our Site, it is required to use our Discussion Board and/or receive our monthly e-newsletter.  If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and must be at least 16 years of age.  You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.  You agree to notify Kid Koncierge immediately of any unauthorized use of your account.

Kid Koncierge reserves the right to refuse services or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual.

3.    Content
You understand that all listings, messages, text, files, images, photos, or other materials (Content) posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such content originated.  You also understand that Kid Koncierge does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, inaccurate, or otherwise objectionable.

Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of Kid Koncierge.  Kid Koncierge makes no representation or warranty as the accuracy, completeness, or authenticity of the information contained on such web sites.  Under no circumstances will Kid Koncierge be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, linked, or otherwise made available via the Site.

You understand and agree that any uploading or posting will be at your sole risk and Kid Koncierge shall not be responsible to you in any way.  Further, Kid Koncierge does not provide any warranty as to your use of third-party content that you obtain from the Site. You are also fully responsible for any Content you post to the Site and to the consequences for any such Content.  You also understand and agree that Kid Koncierge , in its sole discretion, may delete any Content for any reason.

4. User Conduct
You agree to act responsibly and to treat other users with respect. Users also must not use the Site to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be blocked from the Site.

You agree not to post, email, otherwise make available Content that:

  • Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
  • Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
  • Is harmful to minors or displays sexually explicit material of any kind
  • Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
  • Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
  • Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
  • Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users of the Site
  • Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Kid Koncierge's prior consent
  • Contains personally identifiable information about another member that is published without their express consent
  • Contains material originally posted by another member that is reposted without permission or attribution 
  • Has misleading email addresses or other manipulated identifiers to disguise its origin

Additionally, you agree not to:

  • Contact anyone who has asked not to be contacted
  • "Stalk" or otherwise harass anyone
  • Delete or revise any material posted by any other user
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site

5. Ownership
All right, title and interest in and to the Site will remain the exclusive property of Kid Koncierge and its licensors. Kid Koncierge logos, icons and other marks identifying Kid Koncierge services or products are copywrited and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Site without Kid Koncierge's express written authorization. All rights not expressly granted in these Terms are reserved to Kid Koncierge.

Kid Koncierge respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

6. Dealings with organizations or individuals
Kid Koncierge shall not be liable for your interactions with any organizations and/or individuals found on the Site. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Kid Koncierge is not responsible for any damage or loss incurred as a result of any such dealings. Kid Koncierge is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Kid Koncierge, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

7. Limitation & Termination of Service
You agree that Kid Koncierge in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Kid Koncierge believes that you have acted inconsistently with these Terms. Further, you agree that Kid Koncierge shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination.

8. Privacy & Information Disclosure
Kid Koncierge has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found at http://www.Kid Koncierge.com/privacy. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.

You further acknowledge that Kid Koncierge may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of Kid Koncierge, its users or the general public.

9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. KID KONCIERGE, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER KID KONCIERGE, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KID KONCIERGE, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitations on Liability
IN NO EVENT SHALL KID KONCIERGE, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF KID KONCIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, KID KONCIERGE SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF KID KONCIERGE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO KID KONCIERGE, IF ANY, FOR ACCESS TO AND USE OF THE SITE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KID KONCIERGE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD KID KONCIERGE HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST KID KONCIERGE ARISING OUT OF YOUR USE OF THE SITE.

12. General Information
These Terms constitute the entire agreement between you and Kid Koncierge and govern your use of the Site, superseding any prior agreements between you and Kid Koncierge whether written or oral.  The Terms shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.  The failure of Kid Koncierge to exercise or enforced any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nonetheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

Privacy Policy