Terms Of Use
TERMS OF USE
I. Prior to accessing GoKidTrips.com (the “site” or “website”), You (the “User”) are instructed to read carefully and completely these Terms of Use. By accessing and using the website GoKidTrips.com, You explicitly acknowledge and agree that You are not a minor in Your state or country of residence, and You consent to be bound fully by all the terms and conditions set forth in these Terms of Use. If You do not consent to be bound by these Terms of Use, You are not authorized to visit or use the website GoKidTrips.com.
II. Intellectual Property.
A. Unless explicitly indicated, all content appearing on the site GoKidTrips.com are trademarks of GoKidTrips.com or its lessors, licensors, contributors, advertisers, or suppliers and are protected by the trademark laws of the United States and/or other applicable jurisdictions. The misuse of trademarks in any manner that discredits or disparages GoKidTrips.com, or is likely to cause or intended to cause confusion to or about GoKidTrips.com or its lessors, licensors, contributors, advertisers, or suppliers is prohibited and constitutes a violation of these Terms of Use.
B. If You believe that material appearing on GoKidTrips.com infringes Your rights under U.S. copyright law, the Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse. If You assert that Your product or intellectual property has been posted on GoKidTrips.com in a manner that may constitute copyright infringement, provide the following information to GoKidTrips.com: 1) a legal representation by the copyright owner or its legally authorized representative citing the alleged infringement; 2) the address, telephone number, and e-mail address of the copyright owner; 3) a written statement by the copyright owner that it has a good faith belief that the alleged infringement has not been authorized by the copyright owner or its agent; 4) a thorough description of the copyrighted work that allegedly has been infringed; 5) a clear description of the location at GoKidTrips.com where the material that allegedly has been infringed is found; and 6) a written statement, made under penalty of perjury, from the copyright owner or its legally authorized agent that all the information provided in the notice of infringement is complete and true and accurate. The failure of any copyright owner or owner’s legally authorized agent to comply with all the requirements of the DMCA shall be deemed to constitute insufficient notice and shall not confer upon GoKidTrips.com actual knowledge of facts or circumstances from which infringing material or acts are evident. You also are on notice that there may be penalties for false claims asserted under the DMCA. GoKidTrips.com’s email address for notice of claims of copyright infringement is: [email protected].
C. All content appearing on GoKidTrips.com is the property of GoKidTrips.com, its lessors, licensors, contributors, advertisers, or suppliers; and the content is protected by copyright under the copyright laws of the United States and other countries where applicable. Users of GoKidTrips.com unreservedly agree not to publish, disseminate, broadcast or display, circulate by any means, sell, exploit, reproduce, retransmit, use or misuse, modify, misrepresent, or create derivative works of or from the content of GoKidTrips.com, including copyrighted material, trademarks, or other proprietary information, in whole or in part, by e-mail or by any other means, for any purpose other than for their own personal, non-commercial use as set forth in these Terms of Use. Content includes, without limitation, any and all text, images, photographs, artwork, graphic designs, mastheads, scripts, icon links, icon buttons, commercial marks, trademarks, tradenames, proprietary names, and logos.
III. Restrictions and Prohibitions.
A. By posting comments, additions, or submissions to GoKidTrips.com, You warrant and represent that You own the proprietary rights to the comments, additions, or submissions, and that Your comments, additions, or submissions do not and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that the comments, additions, or submissions is not and will not be false, defamatory, or libelous.
B. You, the User, including any third party, allow, enable, or permited to access GoKidTrips.com on Your behalf agree not to post or otherwise submit to GoKidTrips.com: 1) any comments, additions, submissions, content, computer code, or software that is fraudulent; that is designed or intended to interrupt, destroy, inhibit, or limit the functionality of computer software or hardware or telecommunications equipment; or otherwise interferes with or disrupts GoKidTrips.com, the services connected to GoKidTrips.com, or otherwise inhibits, or interferes with operations or services of GoKidTrips.com in any way; 2) any comments, additions, submissions, content, software, or computer code or software that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work; 3) any comments, additions, submissions, content, software, or computer code or software that is offensive to the GoKidTrips.com or its community of users, such as content that promotes hatred, sexism, racism, bigotry, religious persecution, or physical harm of any kind against any group or individual or that harasses, harms, or advocates the harassment or harming of another person; 4) any comments, additions, submissions, content, software, or computer code or software that involves the transmission of junk mail, chain letters, unsolicited mass mailing, spam, executable code, phishing scams, or solicits personally identifiable information from other visitors to GoKidTrips.com; 5) any comments, additions, submissions, content, software, or computer code or software that promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; 6) any comments, additions, submissions, content, software, or computer code or software that links to material or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with GoKidTrips.com; and 7) any comments, additions, submissions, content, or computer code or software that violates a person’s reasonable expectation of and right to privacy; or violates any applicable local, state, national, or international law.
IV. Comments, Additions, and Submissions.
A. GoKidTrips.com permits users to post comments and content to the website. The ability of users of GoKidTrips.com to post comments and content enables free speech, free expression, and open communication of information. GoKidTrips.com respects its user’s ownership of, and personal and legal responsibility for, the content they share. You acknowledge and agree that GoKidTrips.com does not and shall not have any obligation to review the comments, additions, content, and submissions posted by users of the site, and therefore GoKidTrips.com does not guarantee the accuracy, integrity, or quality of comments, additions, and submissions posted by users of the site. User’s acknowledge and agree that GoKidTrips.com has no obligation to use or respond to any comments, additions, or submissions posted by users of the site.
B. Users of the website GoKidTrips.com acknowledge and consent to GoKidTrips.com monitoring, altering, editing, deleting, or refusing to post any content, comments, additions, and submissions that You or any user of the site post to GoKidTrips.com, in whole or in part, for any reason or for no reason, at GoKidTrips.com’s sole discretion.
C. GoKidTrips.com endeavors to provide a professional and responsible forum for its users. GoKidTrips.com cannot ensure that objectionable, false, harmful, inaccurate, deceptive, offensive, threatening, defamatory, or unlawful comments, additions, and submissions will not be posted by users of GoKidTrips.com on the site. Users agree that they shall immediately notify GoKidTrips.com in writing of any objectionable, false, harmful, inaccurate, deceptive, offensive, threatening, defamatory, or unlawful comments, additions, and submissions or other inappropriate content appearing on GoKidTrips.com.
V. Grant of License to Comments, Additions, Submissions, or Content.
A. By posting submissions or content to GoKidTrips.com, You automatically grant, represent, and warrant that You have the right to grant to GoKidTrips.com and authorize: a non-exclusive, perpetual, fully-paid, irrevocable, assignable, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of, or incorporate into other works any comments, additions, submissions, or content, derive revenue or other remuneration from, communicate to the public, distribute, perform, or display any comments, additions, submissions, or content in whole or in part, and/or to incorporate any comments, additions, submissions, content in other works in any form, media, or technology now known or later developed; and, to grant and authorize: sublicenses of any comments, additions, submissions, or content including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in any comments, additions, submissions, or content for any purpose, including for purposes of advertising and publicity on GoKidTrips.com and elsewhere.
B. No comments, additions, submissions, or content shall impose any obligation on GoKidTrips.com, whether for attribution or otherwise, and GoKidTrips.com shall not be liable for any use or disclosure of any comments, additions, submissions, or content.
VI. Accurate Information.
Certain functions on GoKidTrips.com require that Users submit personally identifiable information, such as the User’s name and/or email address. You agree to provide GoKidTrips.com with accurate, truthful, complete, and current information and to update Your information if it changes. You agree not to allow any third party to access GoKidTrips.com on Your behalf. If You do permit or enable, by action or omission, a third party to access GoKidTrips.com on Your behalf You agree to be: 1) responsible for allowing any other person or entity to access GoKidTrips.com on Your behalf; 2) responsible for the third party’s actions while using GoKidTrips.com on Your behalf; and 3) You agree to notify GoKidTrips.com immediately if You learn of any unauthorized use of GoKidTrips.com. You agree that GoKidTrips.com has the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect its interests.
VII. Links and Commercial Partnerships.
GoKidTrips.com and/or third party advertisers, sponsors, or partners may provide links to other websites of possible interest to You. You acknowledge, consent, and agree that GoKidTrips.com has no control over unaffiliated websites, and You acknowledge, consent, and agree that GoKidTrips.com is not and shall not be responsible for the availability, content, and policies of third party websites. You acknowledge, consent, and agree that GoKidTrips.com does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from third party websites. You also acknowledge, consent, and agree that GoKidTrips.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, software, products, or other materials found on or available from third party websites, which are at the sole discretion and control of the policies and procedures of the owner of third party websites.
VIII. Disclaimer of Warranties.
A. You acknowledge, consent, and agree that GoKidTrips.com makes no warranty or representation about the completeness, accuracy, or usefulness of any content on the site, including without limitation any comments, additions, content, or submissions appearing on GoKidTrips.com; nor is GoKidTrips.com liable or responsible for any errors or omissions in any content, including any comments, additions, content, inaccuracy, reliability, or quality of the submissions appearing on GoKidTrips.com
B. GoKidTrips.com does not endorse, condone, or promote any opinion, advice, statement, or other material included in any comments, additions, content, or submissions appearing on GoKidTrips.com; nor does any opinion, advice, statement, or other material included in any comments, additions, content, or submissions appearing on GoKidTrips.com represent or reflect the opinion, advice, or policies of GoKidTrips.com.
C. You acknowledge, consent, and agree that in no event and under no circumstances will You, or any third party You permit to access GoKidTrips.com by action or omission, hold or deem GoKidTrips.com liable for any loss, damage, or adverse consequence by virtue of any comments, additions, software, or content on GoKidTrips.com or otherwise caused by other Users of GoKidTrips.com. GoKidTrips.com makes no express or implied warranty or representation of any kind, to Users in general or You in particular, including warranties of title, non-infringement, merchantability, or fitness for purpose.
IX. Indemnification.
You agree to indemnify, defend, and hold GoKidTrips.com harmless from any claim, expense, or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Use, or Your violation of any law or the rights of a third party. You agree that under no circumstances will GoKidTrips.com be liable in any way for the accuracy, truthfulness, reliability, or quality of any comments, additions, content, or submissions, and that You shall hold GoKidTrips.com harmless for any and all errors or omissions in any comments, additions, content, software, or submissions posted by You or a third party on Your behalf, or for any loss or damage of any kind incurred as a result of the use of any comments, additions, content, software, or submissions posted by You or a third party on Your behalf.
X. Limitation of Liability.
GoKidTrips.com shall in no event be liable or held responsible for direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with Your use of GoKidTrips.com. The aggregate liability of GoKidTrips.com to You or any User or any third party arising in connection with use of GoKidTrips.com in any circumstances limited to $101, except to the extent the exclusion of certain warranties or the exclusion or limitation of certain liabilities otherwise is not permitted in Your jurisdiction.
XI. Assumption of Risk.
GoKidTrips.com strives to ensure that it is safe to use and is free of computer viruses and malicious code. Notwithstanding GoKidTrips.com’s efforts to maintain a safe site, You assume all risk associated with using GoKidTrips.com. GoKidTrips.com is provided “as-is” and no representations or warranties are made about the site’s safety or security. GoKidTrips.com is not responsible for the actions or inactions of You, its users in general, or other third parties.
XII. Commercial Use.
You acknowledge, consent, and agree that Your use and access of GoKidTrips.com is for Your personal use only and GoKidTrips.com may not be used by You or others on Your behalf directly or indirectly in connection with any commercial endeavor.
XIII. Jurisdiction and Venue.
By accessing and using GoKidTrips.com, You consent and submit to exclusive jurisdiction in the federal and state courts of Virginia. You acknowledge and agree that these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Virginia, except to the extent Virginia’s conflict of laws provisions indicate the application of the laws of any other jurisdiction. You agree to receive service of process through e-mail, certified mail, or by other means sanctioned by law, and You expressly waive any claim of improper venue and any claim that Virginia state or federal courts are an inconvenient forum.
XIV. Severabilty and General Provisions.
A. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use may be automatically assigned by GoKidTrips.com, at its sole discretion, to a third party.
B. The Section headings within these Terms of Use are for reference purposes only and in no way define, limit, construe, or describe or proscribe the scope or extent of the Terms of Use or any of its sections. GoKidTrips.com’s failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and Terms of Use between GoKidTrips.com and its Users with respect to the subject matter hereof. The provisions of these Terms of Use will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
XV. Modifications.
GoKidTrips.com reserves the exclusive right to modify the terms and conditions detailed in these Terms of Use at any time and for any reason it deems necessary or appropriate. By accessing this site, You agree to review periodically the Terms of Use in order to remain informed of any modifications that are made. Furthermore, Your continued accessing and use of GoKidTrips.com is and will be deemed to be Your explicit and clear consent to any modified Terms of Use. Revisions to the Terms of Use will be apparent by changes to the “Last Modified” date appearing at the conclusion of these Terms of Use.
Last Modified: 6 February 2013
I. Prior to accessing GoKidTrips.com (the “site” or “website”), You (the “User”) are instructed to read carefully and completely these Terms of Use. By accessing and using the website GoKidTrips.com, You explicitly acknowledge and agree that You are not a minor in Your state or country of residence, and You consent to be bound fully by all the terms and conditions set forth in these Terms of Use. If You do not consent to be bound by these Terms of Use, You are not authorized to visit or use the website GoKidTrips.com.
II. Intellectual Property.
A. Unless explicitly indicated, all content appearing on the site GoKidTrips.com are trademarks of GoKidTrips.com or its lessors, licensors, contributors, advertisers, or suppliers and are protected by the trademark laws of the United States and/or other applicable jurisdictions. The misuse of trademarks in any manner that discredits or disparages GoKidTrips.com, or is likely to cause or intended to cause confusion to or about GoKidTrips.com or its lessors, licensors, contributors, advertisers, or suppliers is prohibited and constitutes a violation of these Terms of Use.
B. If You believe that material appearing on GoKidTrips.com infringes Your rights under U.S. copyright law, the Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse. If You assert that Your product or intellectual property has been posted on GoKidTrips.com in a manner that may constitute copyright infringement, provide the following information to GoKidTrips.com: 1) a legal representation by the copyright owner or its legally authorized representative citing the alleged infringement; 2) the address, telephone number, and e-mail address of the copyright owner; 3) a written statement by the copyright owner that it has a good faith belief that the alleged infringement has not been authorized by the copyright owner or its agent; 4) a thorough description of the copyrighted work that allegedly has been infringed; 5) a clear description of the location at GoKidTrips.com where the material that allegedly has been infringed is found; and 6) a written statement, made under penalty of perjury, from the copyright owner or its legally authorized agent that all the information provided in the notice of infringement is complete and true and accurate. The failure of any copyright owner or owner’s legally authorized agent to comply with all the requirements of the DMCA shall be deemed to constitute insufficient notice and shall not confer upon GoKidTrips.com actual knowledge of facts or circumstances from which infringing material or acts are evident. You also are on notice that there may be penalties for false claims asserted under the DMCA. GoKidTrips.com’s email address for notice of claims of copyright infringement is: [email protected].
C. All content appearing on GoKidTrips.com is the property of GoKidTrips.com, its lessors, licensors, contributors, advertisers, or suppliers; and the content is protected by copyright under the copyright laws of the United States and other countries where applicable. Users of GoKidTrips.com unreservedly agree not to publish, disseminate, broadcast or display, circulate by any means, sell, exploit, reproduce, retransmit, use or misuse, modify, misrepresent, or create derivative works of or from the content of GoKidTrips.com, including copyrighted material, trademarks, or other proprietary information, in whole or in part, by e-mail or by any other means, for any purpose other than for their own personal, non-commercial use as set forth in these Terms of Use. Content includes, without limitation, any and all text, images, photographs, artwork, graphic designs, mastheads, scripts, icon links, icon buttons, commercial marks, trademarks, tradenames, proprietary names, and logos.
III. Restrictions and Prohibitions.
A. By posting comments, additions, or submissions to GoKidTrips.com, You warrant and represent that You own the proprietary rights to the comments, additions, or submissions, and that Your comments, additions, or submissions do not and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that the comments, additions, or submissions is not and will not be false, defamatory, or libelous.
B. You, the User, including any third party, allow, enable, or permited to access GoKidTrips.com on Your behalf agree not to post or otherwise submit to GoKidTrips.com: 1) any comments, additions, submissions, content, computer code, or software that is fraudulent; that is designed or intended to interrupt, destroy, inhibit, or limit the functionality of computer software or hardware or telecommunications equipment; or otherwise interferes with or disrupts GoKidTrips.com, the services connected to GoKidTrips.com, or otherwise inhibits, or interferes with operations or services of GoKidTrips.com in any way; 2) any comments, additions, submissions, content, software, or computer code or software that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work; 3) any comments, additions, submissions, content, software, or computer code or software that is offensive to the GoKidTrips.com or its community of users, such as content that promotes hatred, sexism, racism, bigotry, religious persecution, or physical harm of any kind against any group or individual or that harasses, harms, or advocates the harassment or harming of another person; 4) any comments, additions, submissions, content, software, or computer code or software that involves the transmission of junk mail, chain letters, unsolicited mass mailing, spam, executable code, phishing scams, or solicits personally identifiable information from other visitors to GoKidTrips.com; 5) any comments, additions, submissions, content, software, or computer code or software that promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; 6) any comments, additions, submissions, content, software, or computer code or software that links to material or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with GoKidTrips.com; and 7) any comments, additions, submissions, content, or computer code or software that violates a person’s reasonable expectation of and right to privacy; or violates any applicable local, state, national, or international law.
IV. Comments, Additions, and Submissions.
A. GoKidTrips.com permits users to post comments and content to the website. The ability of users of GoKidTrips.com to post comments and content enables free speech, free expression, and open communication of information. GoKidTrips.com respects its user’s ownership of, and personal and legal responsibility for, the content they share. You acknowledge and agree that GoKidTrips.com does not and shall not have any obligation to review the comments, additions, content, and submissions posted by users of the site, and therefore GoKidTrips.com does not guarantee the accuracy, integrity, or quality of comments, additions, and submissions posted by users of the site. User’s acknowledge and agree that GoKidTrips.com has no obligation to use or respond to any comments, additions, or submissions posted by users of the site.
B. Users of the website GoKidTrips.com acknowledge and consent to GoKidTrips.com monitoring, altering, editing, deleting, or refusing to post any content, comments, additions, and submissions that You or any user of the site post to GoKidTrips.com, in whole or in part, for any reason or for no reason, at GoKidTrips.com’s sole discretion.
C. GoKidTrips.com endeavors to provide a professional and responsible forum for its users. GoKidTrips.com cannot ensure that objectionable, false, harmful, inaccurate, deceptive, offensive, threatening, defamatory, or unlawful comments, additions, and submissions will not be posted by users of GoKidTrips.com on the site. Users agree that they shall immediately notify GoKidTrips.com in writing of any objectionable, false, harmful, inaccurate, deceptive, offensive, threatening, defamatory, or unlawful comments, additions, and submissions or other inappropriate content appearing on GoKidTrips.com.
V. Grant of License to Comments, Additions, Submissions, or Content.
A. By posting submissions or content to GoKidTrips.com, You automatically grant, represent, and warrant that You have the right to grant to GoKidTrips.com and authorize: a non-exclusive, perpetual, fully-paid, irrevocable, assignable, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of, or incorporate into other works any comments, additions, submissions, or content, derive revenue or other remuneration from, communicate to the public, distribute, perform, or display any comments, additions, submissions, or content in whole or in part, and/or to incorporate any comments, additions, submissions, content in other works in any form, media, or technology now known or later developed; and, to grant and authorize: sublicenses of any comments, additions, submissions, or content including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in any comments, additions, submissions, or content for any purpose, including for purposes of advertising and publicity on GoKidTrips.com and elsewhere.
B. No comments, additions, submissions, or content shall impose any obligation on GoKidTrips.com, whether for attribution or otherwise, and GoKidTrips.com shall not be liable for any use or disclosure of any comments, additions, submissions, or content.
VI. Accurate Information.
Certain functions on GoKidTrips.com require that Users submit personally identifiable information, such as the User’s name and/or email address. You agree to provide GoKidTrips.com with accurate, truthful, complete, and current information and to update Your information if it changes. You agree not to allow any third party to access GoKidTrips.com on Your behalf. If You do permit or enable, by action or omission, a third party to access GoKidTrips.com on Your behalf You agree to be: 1) responsible for allowing any other person or entity to access GoKidTrips.com on Your behalf; 2) responsible for the third party’s actions while using GoKidTrips.com on Your behalf; and 3) You agree to notify GoKidTrips.com immediately if You learn of any unauthorized use of GoKidTrips.com. You agree that GoKidTrips.com has the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect its interests.
VII. Links and Commercial Partnerships.
GoKidTrips.com and/or third party advertisers, sponsors, or partners may provide links to other websites of possible interest to You. You acknowledge, consent, and agree that GoKidTrips.com has no control over unaffiliated websites, and You acknowledge, consent, and agree that GoKidTrips.com is not and shall not be responsible for the availability, content, and policies of third party websites. You acknowledge, consent, and agree that GoKidTrips.com does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from third party websites. You also acknowledge, consent, and agree that GoKidTrips.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, software, products, or other materials found on or available from third party websites, which are at the sole discretion and control of the policies and procedures of the owner of third party websites.
VIII. Disclaimer of Warranties.
A. You acknowledge, consent, and agree that GoKidTrips.com makes no warranty or representation about the completeness, accuracy, or usefulness of any content on the site, including without limitation any comments, additions, content, or submissions appearing on GoKidTrips.com; nor is GoKidTrips.com liable or responsible for any errors or omissions in any content, including any comments, additions, content, inaccuracy, reliability, or quality of the submissions appearing on GoKidTrips.com
B. GoKidTrips.com does not endorse, condone, or promote any opinion, advice, statement, or other material included in any comments, additions, content, or submissions appearing on GoKidTrips.com; nor does any opinion, advice, statement, or other material included in any comments, additions, content, or submissions appearing on GoKidTrips.com represent or reflect the opinion, advice, or policies of GoKidTrips.com.
C. You acknowledge, consent, and agree that in no event and under no circumstances will You, or any third party You permit to access GoKidTrips.com by action or omission, hold or deem GoKidTrips.com liable for any loss, damage, or adverse consequence by virtue of any comments, additions, software, or content on GoKidTrips.com or otherwise caused by other Users of GoKidTrips.com. GoKidTrips.com makes no express or implied warranty or representation of any kind, to Users in general or You in particular, including warranties of title, non-infringement, merchantability, or fitness for purpose.
IX. Indemnification.
You agree to indemnify, defend, and hold GoKidTrips.com harmless from any claim, expense, or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Use, or Your violation of any law or the rights of a third party. You agree that under no circumstances will GoKidTrips.com be liable in any way for the accuracy, truthfulness, reliability, or quality of any comments, additions, content, or submissions, and that You shall hold GoKidTrips.com harmless for any and all errors or omissions in any comments, additions, content, software, or submissions posted by You or a third party on Your behalf, or for any loss or damage of any kind incurred as a result of the use of any comments, additions, content, software, or submissions posted by You or a third party on Your behalf.
X. Limitation of Liability.
GoKidTrips.com shall in no event be liable or held responsible for direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with Your use of GoKidTrips.com. The aggregate liability of GoKidTrips.com to You or any User or any third party arising in connection with use of GoKidTrips.com in any circumstances limited to $101, except to the extent the exclusion of certain warranties or the exclusion or limitation of certain liabilities otherwise is not permitted in Your jurisdiction.
XI. Assumption of Risk.
GoKidTrips.com strives to ensure that it is safe to use and is free of computer viruses and malicious code. Notwithstanding GoKidTrips.com’s efforts to maintain a safe site, You assume all risk associated with using GoKidTrips.com. GoKidTrips.com is provided “as-is” and no representations or warranties are made about the site’s safety or security. GoKidTrips.com is not responsible for the actions or inactions of You, its users in general, or other third parties.
XII. Commercial Use.
You acknowledge, consent, and agree that Your use and access of GoKidTrips.com is for Your personal use only and GoKidTrips.com may not be used by You or others on Your behalf directly or indirectly in connection with any commercial endeavor.
XIII. Jurisdiction and Venue.
By accessing and using GoKidTrips.com, You consent and submit to exclusive jurisdiction in the federal and state courts of Virginia. You acknowledge and agree that these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Virginia, except to the extent Virginia’s conflict of laws provisions indicate the application of the laws of any other jurisdiction. You agree to receive service of process through e-mail, certified mail, or by other means sanctioned by law, and You expressly waive any claim of improper venue and any claim that Virginia state or federal courts are an inconvenient forum.
XIV. Severabilty and General Provisions.
A. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use may be automatically assigned by GoKidTrips.com, at its sole discretion, to a third party.
B. The Section headings within these Terms of Use are for reference purposes only and in no way define, limit, construe, or describe or proscribe the scope or extent of the Terms of Use or any of its sections. GoKidTrips.com’s failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and Terms of Use between GoKidTrips.com and its Users with respect to the subject matter hereof. The provisions of these Terms of Use will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
XV. Modifications.
GoKidTrips.com reserves the exclusive right to modify the terms and conditions detailed in these Terms of Use at any time and for any reason it deems necessary or appropriate. By accessing this site, You agree to review periodically the Terms of Use in order to remain informed of any modifications that are made. Furthermore, Your continued accessing and use of GoKidTrips.com is and will be deemed to be Your explicit and clear consent to any modified Terms of Use. Revisions to the Terms of Use will be apparent by changes to the “Last Modified” date appearing at the conclusion of these Terms of Use.
Last Modified: 6 February 2013