Terms of Service

/Terms of Service
Terms of Service 2017-09-15T20:08:00+00:00

KidKare (a.k.a. “we” , “us” , the “Company” , and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (collectively, these “Terms of Service” , “Terms” , or “Agreement” ). KidKare supports freedom of speech, both on and off the Internet. To ensure a safe, non-offensive environment for all of our users, we have established our Terms of Service. The Terms of Service apply to your use of www.KidKare.com, including any content, functionality and services offered on or via this web site and any successor web sites or related mobile and desktop applications (together, the “Services” or the “Site”). It spells out what you can expect from us and what we expect from you. By accessing any areas of KidKare.com, any person so accessing or using the site (“Users”) agree to be legally bound and to abide by the terms set forth below. KidKare.com is owned and operated by Minute Menu Systems, LLC. Any references herein to KidKare.com shall be deemed to refer to KidKare.com and/or Minute Menu Systems, LLC, as applicable under the circumstances.

Please read the Terms of Service carefully before you start using the Site, because by accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy as they may be amended from time to time in the future.

Should you disagree with some of the provisions herein, you then you may not use the Services.

I. ACCEPTANCE OF THE TERMS OF USE AND SERVICE

By using or accessing the information, tools, features, software and functionality including content, updates and new releases provided by or on the Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the KidKare.com website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor or Customer. The term “we” refers to KidKare.

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Company.

The Site will always be a work in progress as we constantly make changes and improvements to serve you better. We also reserve the right to update the Services and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document and any changes or revisions is public on the Site. Your continued use of the Services following the publishing of updated Terms of Service means that you accept and agree to the changes.

II. ACCESSING THE SERVICES; SECURITY AND PRIVACY

We take reliability and security seriously and put significant effort into ensuring that our service operates all the time, and that it is a secure environment for your data. However, no system is perfectly secure or reliable, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Site you accept these risks.

We are always working hard on improving the Site, but we can never guarantee that the Services will be up and running 24/7. We also reserve the right to suspend or restrict access to some features. In any case, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period, nor for any data loss (see also Article IV below).

It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You may be asked to provide certain registration details or other information. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We do not guarantee that the Services or any content provided on the Site is error free. We manage your personal data according to our Privacy Policy.

In order to allow you to use the Services, you will need to sign up for an account with KidKare. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or KidKare cannot verify your identity, we can refuse to allow you to use the Services.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID allows you to access the Services. That Login ID and password, together with any mobile number or other information you provide, are your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information delivered to that address, or otherwise as we choose. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on the Site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify us immediately at the email address – info@kidkare.com.

If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.

The following is KidKare’s contact information:

Telephone: 972-671-5211

Email: help@kidkare.com

Address: 1101 E Arapaho Rd, STE 240, Richardson, TX 75081

III. TRADEMARKS

KidKare is a service mark of Minute Menu Systems, LLC or its affiliates. All rights to the name, style, site design and other intellectual property are reserved. These and other graphics, logs and service marks and trademarks of KidKare and/or Minute Menu Systems, LLC and its affiliates may not be used without prior written consent of Minute Menu Systems, LLC. All other trademarks, product names, and company names and logos appearing on KidKare are the property of their respective owners.

IV. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNIFICATION

A. Disclaimers of Representations and Warranties

User expressly agrees that use of the Site is at User’s sole risk. Neither KidKare nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site.

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIDKARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIDKARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIDKARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KIDKARE NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

B. Limitation of Liability

Under no circumstance shall KidKare or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, the Site, including but not limited to reliance by User on any information obtained from KidKare or that result from mistakes, omissions, interruptions, deletion of files or E-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Site’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, KIDKARE’S OR ITS AFFILATES AND RELATED PARTIES LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

C. Indemnification

You shall defend, indemnify and hold harmless KidKare (including its affiliates) and its officers, directors, shareholders, agents, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including but not limited to attorneys’ fees), whether in tort, contract, or otherwise, that arise out of or relate to, in whole or in part, any breach of this Agreement or any activity by you in relation to the Services or your use of the Site.

V. CONTENT

A. Proprietary Rights

User acknowledges that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and KidKare owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

B. Distribution/Uploading of Third-Party Content

Except as set forth in Section V(A) above, User may upload to or otherwise distribute on the Site only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither KidKare, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to KidKare at the following E-mail address: info@KidKare.com. By submitting Content to any User submit areas, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted KidKare the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on the Site retains any and all rights which may exist in such Content.

C. Third-Party Content

KidKare is a distributor and not a publisher of Content supplied by third parties and Users. KidKare has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any User, are those of the respective authors or distributors and not of KidKare or its affiliates or any of their officers, directors, employees or agents. Neither KidKare nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of the Site, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Site represents the opinions and judgments of the respective Provider, or User not under contract with KidKare. KidKare neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized KidKare employees. Under no circumstances shall KidKare, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through KidKare.

D. Export

The United States export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

VI. ONLINE CONDUCT

User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. All User Content must be lawful, not spam, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.

If KidKare is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User, KidKare may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. KidKare may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of KidKare, its Users or Providers.

KidKare reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, KidKare, the communities that make up KidKare, or any rights of KidKare or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither KidKare nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither KidKare, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Site.

In addition to the foregoing, User agrees that User will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without KidKare’s express written consent, which may be withheld in KidKare’s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer);

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or Attempt to gain an unauthorized access to any portion of the Services.

VII. USE OF SERVICES WITH MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. KIDKARE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

KidKare may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. KidKare may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. KidKare may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. KidKare shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

VIII. RIGHTS YOU GRANT TO KIDKARE

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to KidKare, you are licensing that content to KidKare for the purpose of providing the Services. KidKare may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to KidKare for use for this purpose, without any obligation by KidKare to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize KidKare to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. KidKare will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit KidKare to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant KidKare a limited power of attorney, and appoint KidKare as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN KIDKARE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, KIDKARE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. KidKare is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

IX. SOCIAL MEDIA SITES

KidKare may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

X. APPLE, INC. REQUIREMENTS

If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:

  1. Acknowledgement : You acknowledge that this Agreement is between you and KidKare only, and not with Apple, and KidKare, not Apple, is solely responsible for the Software and the content thereof.
  2. Scope of License : The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
  3. Maintenance and Support : KidKare and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
  4. Warranty : KidKare is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be KidKare’s sole responsibility.
  5. Product Claims : KidKare, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights : You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, KidKare, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance : You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Contact Info : Direct any questions, complaints or claims to: Minute Menu Systems, LLC, 1101 E. Arapaho Road, Suite 240 Richardson, TX 75081 or info@KidKare.com.
  9. Third Party Terms of Agreement : You must comply with any applicable third party terms of agreement when using the Software.
  10. Third Party Beneficiary : You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

XI. PRIVACY POLICY

In accordance with the terms of KidKare’s Privacy Policy, KidKare respects the privacy of its Users.

XII. TERMINATION OF USAGE

KidKare may terminate User’s access, or suspend User’s access to all or part of KidKare, without notice, for any conduct that KidKare, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or KidKare.

XIII. USAGE BY CHILDREN UNDER 13

The Site is not intended for children, and no person under the age of 13 may visit the site or use its content.

XIV. APPLICABLE LAW

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.

The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Texas law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND KIDKARE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Minute Menu Systems, LLC, in care of our registered agent Rudy Beuttenmuller, 5335 Spring Valley Road, Dallas, TX 75254 (or such other registered agent as may be reflected by the records of the Secretary of State of Texas at the time). Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Dallas County, Texas. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive expiration, termination or rescission of this Agreement.

XV. SEVERABILITY

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XVI. ACKNOWLEDGMENT

The Terms of Service, including all documents referenced herein, represents the entire understanding between you and KidKare regarding your relationship with KidKare and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the KidKare Web site.