TERMS & CONDITIONS
Welcome to www.kidwindchallenge.org. The KidWind Challenge provides its services to you subject to the following terms and conditions. Please take a few minutes to review these Terms and Conditions of Use. By accessing and using this Web site, you agree to be bound by the following Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use the KidWind Challenge Web site.
In addition, when you use any current or future www.kidwindchallenge.org services or visit or purchase from any business affiliated with www.kidwindchallenge.org, whether or not included in the www.kidwindchallenge.org Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
THESE TERMS AND CONDITIONS OF USE MAY CHANGE
The KidWind Challenge reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the www.kidwindchallenge.org Web site.
When you visit this Web site, you are communicating to us electronically. You consent to receive communications from The KidWind Challenge electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
LICENSE AND SITE ACCESS
The KidWind Challenge grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The KidWind Challenge. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of The KidWind Challenge. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of The KidWind Challenge without express written consent. You may not use any meta tags or any other hidden text utilizing The KidWind Challenge's name or trademarks without the express written consent of The KidWind Challenge. Any unauthorized use terminates the permission or license granted by The KidWind Challenge. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of The KidWind Challenge so long as the link does not portray The KidWind Challenge, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any of The KidWind Challenge's logos or other proprietary graphics or trademarks as part of the link without express written permission.
The KidWind Challenge reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and The KidWind Challenge does not undertake any obligation or responsibility to update or amend any such information.
All content included on this site, such as text, graphics, logos, button icons, images, illustrations, page headers audio clips, video clips, digital downloads, data compilations and software is the property of The KidWind Challenge or its content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of The KidWind Challenge and is protected by U.S. and international copyright laws.
The KidWind Project, Kid H2, Kidsolar, KidWind, Kidfuelcell, REcharge Labs and other marks indicated on our site from time to time are trademarks of The KidWind Project and REcharge Labs in the U.S. or other jurisdictions. This list is not exhaustive and the absence of a mark from this list should not be viewed as a waiver by The KidWind Project or The KidWind Challenge of any of its rights concerning that mark. Other KidWind Project product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of The KidWind Project or The KidWind Challenge and may not be used in connection with any product or service that is not The KidWind Project or The KidWind Challenge in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits The KidWind Project or The KidWind Challenge. All other trademarks not owned by The KidWind Project or The KidWind Challenge that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to The KidWind Project or The KidWind Challenge. You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner.
FEEDBACK, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post comments and other content; send e-cards and other communications; and submit suggestions, ideas, product ideas, photographs, comments, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, harassing, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses or malicious code, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The KidWind Challenge reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, The KidWind Challenge may use it royalty-free on an unrestricted basis. In such event you grant The KidWind Challenge a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicenseable right to use, reproduce, commercialize, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The KidWind Challenge and sublicensees the right to use any product idea and the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The KidWind Challenge for all claims resulting from your submissions. No material will be returned to you. The KidWind Challenge has the right but not the obligation to monitor and edit or remove any submission. The KidWind Challenge takes no responsibility and assumes no liability for any content posted by you or any third party.
The KidWind Challenge provides links to the sites of affiliated companies and certain other businesses. Regardless of whether they are an approved affiliate or business partner, The KidWind Challenge, and its subsidiaries are not responsible for examining or evaluating and does not endorse or warrant the offerings of, any of these businesses, affiliates or individuals or the content of their Web sites. The KidWind Challenge does not assume any responsibility or liability for the actions, product, and content of all these, including affiliates and any other third parties. Your dealings with them are strictly between you and them and you should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE INFORMATION, AND SERVICES ON THIS WEB SITE ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. THE KIDWIND PROJECT AND THE KIDWIND CHALLENGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE OR YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE KIDWIND PROJECT AND THE KIDWIND CHALLENGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE. NEITHER THE KIDWIND PROJECT, THE KIDWIND CHALLENGE, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS EMPLOYEES, OR THIRD PARTY VENDORS, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEB SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEB SITE, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEB SITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE KIDWIND PROJECT AND THE KIDWIND CHALLENGE OR OF ANY OR ITS VENDORS PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL THE KIDWIND PROJECT OR THE KIDWIND CHALLENGE OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF THE KIDWIND PROJECT OR THE KIDWIND CHALLENGE OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE KIDWIND PROJECT AND THE KIDWIND CHALLENGE DOES NOT WARRANT THAT THIS WEB SITE IS FREE FROM THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, OR THAT THERE WILL BE NO FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THE KIDWIND PROJECT AND THE KIDWIND CHALLENGE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
THE KIDWIND PROJECT AND THE KIDWIND CHALLENGE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE KIDWIND PROJECT AND THE KIDWIND CHALLENGE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WHICH OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.
To the extent you utilize The KidWind Challenge Web site, you acknowledge that there is no guarantee that communications or transactions conducted online will be secure. You further acknowledge that there may be system failures that may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of The KidWind Challenge Web site, including the risk of breach in the security of the communications or transactions you conduct with or through The KidWind Challenge Web site. THE KIDWIND CHALLENGE’S WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION , THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE.
DELIVERY OF NOTIFICATION
You may receive e-mail notification of the delivery of invoices and shipment of products at the e-mail address provided in your registration. It is your responsibility as a user to maintain accurate records of these invoices and e-mails and accurate updates of changes to your e-mail address. You further acknowledge that there may be system failures that may limit your ability to use the Web site services and you agree that you will react accordingly when the Web site system once again becomes available. Your acceptance of these Terms and Conditions constitutes the acceptance of web delivery of invoices and notifications in lieu of any other submission from The KidWind Challenge and failure to receive any other form of this data is not defensible grounds for non-payment of monies due from you to The KidWind Challenge.
PRIVACY AND YOUR ACCOUNT
You are solely responsible for maintaining the confidentiality of your password, and agree that The KidWind Challenge will have no obligations with regard thereto. You agree not to give your password to any third party. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, call us immediately at (877) 917-0079. You agree to accept responsibility for all activities that occur through your account and password. If you are under 18, you may use this website only with involvement of a parent of guardian. The KidWind Challenge and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
For purposes of identification, billing and marketing, you agree to provide The KidWind Challenge with current, accurate, complete, and updated information required by the registration for online ordering, including your legal name, address and telephone number(s). You agree to notify The KidWind Challenge immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term.
KidWind Challenge collects and analyzes non-personal information to evaluate how visitors use the KidWind Challenge website. Non-personal data we collect may include the pages visited on the KidWind Challenge website, unique URLs visited within www.kidwind.org and learn.kidwind.org, browser type and IP address. Most non-personal data is collected via analysis technologies. KidWind Challenge Web pages use technologies for data analysis and personalization services.
By visiting The KidWind Challenge Web site, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and The KidWind Project or The KidWind Challenge or its affiliates. You agree that any dispute relating in any way to your visit to this Web site shall be submitted to any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATIONS, AND SEVERABILITY
Please review our other policies which are posted on this site. These policies also govern your visit to this web site. We may make changes to our site, policies and these Terms and Conditions at any time, so you should review the policies and these Terms and Conditions each time you visit the site. If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and conditions that may apply when you use affiliate services. The failure of The KidWind Project and The KidWind Challenge to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim arose or be forever barred.