Terms of Service

Last Updated: Nov 6, 2019

These Terms of Service (“Terms”) apply to the websites www.kids2glow.com, www.buildarobotk12.com , and each sub-site, thereof (collectively referred to as the “Site”), services, apps, software, content, and Build A Robot K12 and Kids2GLOW distributed products (collectively referred to as the “Services”) provided to you by Kids2GLOW, PBC and its affiliated organization, Build A Robot K12 (“Kids2GLOW”). In addition to these Terms, your access to and use of the Services are governed by the Kids2GLOW Privacy Policy and any additional rules and/or terms identified or displayed on the Sites or in connection with any Services. The Privacy Policy and any such additional rules and terms constitute a part of these Terms and are incorporated by reference herein. Please read these Terms, the Privacy Policy and any additional rules and terms carefully.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are accepting this Agreement (on behalf of yourself and the entity that you represent) and you declare and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent).

Kids2GLOW reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Site. By continuing to access or use the Services after updated terms have been posted, YOU AGREE to be bound by the updated Terms.

The following terms in the “Terms of Use” agreement are defined as follows:

• “Content”: all content contained in the Site, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Kids2GLOW.
• “Kids2GLOW Product(s)”: any robots, robot accessories or other products purchased from Kids2GLOW through the Site.
• “Site”: any websites, web pages, and subpages (including any mobile websites, web pages, and subpages) under Kids2GLOW’s control, partial or otherwise.

Eligibility and Account

By accessing or using the Services, you represent and warrant to Kids2GLOW that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

In order to access certain features of the Services, you may be required to create an account (“Account”) on the Website. By creating an Account, you represent and warrant that you are at least 13 years of age and, if you are a minor, you have your parent’s permission to access or use the Services and to create an Account. Kids2GLOW reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of your Account and password and you accept responsibility for all activities that occur under your Account and password. You agree to update your Account information to keep it current and accurate and will immediately notify Kids2GLOW of any unauthorized use of your Account.

Kids2GLOW Products are designed to be used by children of varying age groups, but some of Kids2GLOW Services (including the Website) are intended to be used only by parents, legal guardians and/or educators over the age of 18. You must be 18 years of age or older and have a valid credit card number to purchase any Kids2GLOW Products on Our Website. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Kids2GLOW will never knowingly solicit or accept personally identifiable information from users known to be under 13 years of age.

If a school and/or educator (“Educator”) with students that are under 18 years of age uses Our Services and provides Us with personally identifiable information about its students in order to create user profiles for each of its students, such educator must first obtain written consent from each student’s parent and/or legal guardian to submit such personally identifiable information to Us and use such personally identifiable information in the Services. Kids2GLOW uses that information to provide the Services to the Educational Institution, consistent with Our Privacy Policy. Each Educational Institution acknowledges and agrees that it will not use the Services in any way to collect personally identifiable information from users known to be under 13 years of age.

Usage

You must be over the age of 13 and, if you are under the age of 18, you must have your parent or legal guardian’s consent to participate in any community features offered by Kids2GLOW.

You agree and warrant that you will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, you will not use the Services in a manner that Kids2GLOW deems, at its sole discretion, objectionable. By agreeing to the Terms, you agree not to.

You agree not to do any of the following: i) use the Services for anything other than their intended purposes; ii) use the Services, your account, or communications with other Users for any commercial purpose or solicitation; iii) hack the Website or any software, network or servers used to provide the Services for any purpose whatsoever; iv) violate regulatory laws; v) data-mine, collect, or use contact information of Users without consent from such Users and Kids2GLOW, including phone numbers, email, addresses and any other information deemed proprietary; vi) knowingly provide false personal information when creating your account, create multiple accounts, or create accounts for others without the legal right to do so; vii) allow a child under the age of 13 to provide any personal information in his/her user information including accounts, content, and profiles.

Kids2GLOW will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kids2GLOW may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Kids2GLOW has no obligation to monitor your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Product Orders

Customers who purchase Kids2GLOW Products through the Website or App must be over the age of 18 with a valid credit card accepted by Kids2GLOW or other permitted payment method accepted by Kids2GLOW.

Kids2GLOW does not guarantee availability of Kids2GLOW Products, even if a particular Kids2GLOW Product shows as available online or in stores. Kids2GLOW may not have all Kids2GLOW Products available online or in stores and may discontinue products at any time. Kids2GLOW reserves the right to refuse an order placed or limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. Kids2GLOW reserves the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

Prices for Kids2GLOW Products are subject to change at any time and Kids2GLOW does not provide price protection or refunds in the event of a price reduction or promotional offering. Kids2GLOW reserves the right to cancel an order for a Kids2GLOW Product in the event of a typographical or other error in the price listed for the Kids2GLOW Product. The price of a Kids2GLOW Product does not include delivery charges or taxes, and Kids2GLOW may charge applicable taxes and delivery, unless an offer for free delivery is included with the order, at the time of invoicing.

Kids2GLOW shall deliver the Kids2GLOW Products that you purchase to the place of delivery designated by you. You are responsible for paying additional shipping charges if you choose express shipping services. At this time, Kids2GLOW does not ship outside of the continental United States. In addition, once an order is passed to a delivery carrier, the goods are no longer in Kids2GLOW’s possession, meaning any risk of loss or damage to the order passes to you or the carrier at this point.

Any refunds, warranty or exchange of Kids2GLOW Products are subject to the guidelines set forth in the Product Warranty and Returns page on our website.

Child User Content

As a User, you must be over the age of 13 and, if you are under the age of 18, you must have your parent or legal guardian’s consent to participate in any community features offered by Kids2GLOW. Kids2GLOW requires that the parent or legal guardian of a minor child using Kids2GLOW Services, monitor such activity to ensure that no personal information is provided and recommends that the parent or legal guardian erases or requests the deletion of any personal information provided by or on behalf of the minor child.

All User Content

As a User, you may not post or provide any content, including coding for your robot, that is illegal, offensive, harmful, pornographic, threatening, defamatory or invasive of privacy, including User Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. You may not post or provide any content that exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities. You may not post or provide any content that contains software or any other material that violates the intellectual property rights of any third party or that contains software viruses, or solicitation material in any form. You may not use a false e-mail address, impersonate any person or entity or post or provide content that is knowingly false or inaccurate. Kids2GLOW reserves the right (but not the obligation) to remove or edit such User Content, at its sole discretion.

As a User, you can submit information to Kids2GLOW through forms and other manners in connection with obtaining customer support from Kids2GLOW’s help center. You may Post or Provide reviews, comments, images, other content and submit feedback to Kids2GLOW or within the Kids2GLOW Services community. In addition, you can submit content in the coding and programming you create for your robot.

As a User, you agree to grant Kids2GLOW a royalty-free, perpetual, irrevocable, nonexclusive, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display any coding or programming content you create for your robot that is posted or provided to Kids2GLOW through a Kids2GLOW Service or activity. Kids2GLOW will have the right to use the User Content you submit through any media, including marketing and promotional purposes, without compensation to you of any kind, including non-monetary compensation.

As a User, you represent and warrant that you own or otherwise control all of the rights to the User Content that you post or provide, including coding posted or provided for your robot; that the User Content is accurate; that use of the User Content you supply does not violate the Terms or applicable laws, rules or regulations and will not cause injury to any person or entity; and that you will indemnify Kids2GLOW for all claims resulting from User Content you supply. Any User Content posted will be considered public information, and Kids2GLOW is not responsible for the actions of Users with regards to any public information.

Kids2GLOW has the right but not the obligation to monitor and edit or remove any activity or Provided Content. Kids2GLOW takes no responsibility and assumes no liability for any content you or other users post or provide within the Kids2GLOW Service community. Kids2GLOW does not pre-screen, review, edit or approve any User Content. The Kids2GLOW community may flag inappropriate User Content and Kids2GLOW may, at its sole discretion, remove or disable access to any such content.

If you decide to sell, donate or gift a used Kids2GLOW Product, Kids2GLOW recommends that you remove all personal information from your robot.

Copyright

Unauthorized use of the Services may violate applicable laws and is strictly prohibited. You may not copy the Services or any part thereof without Kids2GLOW’s prior written authorization. Any code or software that Kids2GLOW creates to generate or display the Services are also protected by Kids2GLOW’s copyrights, and you may not copy or adapt such code.

Mobile Applications

You acknowledge and agree that the availability of the Services on mobile devices is dependent on the third party websites from which you download the Services, e.g. Google Play Store or Chrome Store. You acknowledge that these Terms are between you and Kids2GLOW and not with the app store.

You are responsible for any mobile charges that you may incur for using the Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

Limited Warranty

Kids2GLOW makes no guarantee or representation that the Services will operate error-free, be available, or that the Services and Kids2GLOW servers are free of computer viruses or other harmful mechanisms. Kids2GLOW is no responsible for the loss, repair, or replacement of any equipment, data, or other cost caused or related to the use of Kids2GLOW Services. The Services are provided “as is” and “as available” without any warranties of any kind unless covered under a separate product warranty offered by Kids2GLOW. Kids2GLOW makes no warranties about the accuracy, reliability, completeness of the content in the services. To the fullest extent permitted by law, Kids2GLOW disclaims all warranties, implied or express, unless the exclusion does not apply due to your jurisdiction.

Indemnity

By using Kids2GLOW Products and Services, you agree to the fullest extent permitted by law, and hereby indemnify, hold harmless and release Kids2GLOW, PBC, its shareholders, directors, officials, representatives, agents, employees, volunteers, members, sponsors, promoters, and affiliates (Collectively “RELEASEES”) from any and all loss, claims, damage, or liability which might arise out of your or your minor child(ren)’s participation in Kids2GLOW Service(s). You agree to assume all risk and bear full responsibility for all risks, hazards, injury or damage that you or your minor child(ren) may suffer while participating in Kids2GLOW Service(s). YOU HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASEES FROM EVERY CLAIM AND ANY LIABILITY THAT YOU OR YOUR CHILD MAY ALLEGE AGAINST RELEASEES (including reasonable legal fees and costs) AS A DIRECT OR INDIRECT RESULT OF INJURY, DEATH, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES TO PROPERTY OF ANY KIND OR FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) TO YOU OR YOUR CHILD FROM THE USE OR INABILITY TO USE KIDS2GLOW SERVICES OR RODUCTS, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU PROMISE NOT TO SUE RELEASEES ON YOUR BEHALF OR ON BEHALF OF YOUR CHILD REGARDING ANY CLAIM ARISING FROM OR RELATED TO YOU OR YOUR CHILD’S PARTICIPATION IN ANY KIDS2GLOW SERVICE(S).

Kids2GLOW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. Kids2GLOW will use reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.

Term and Termination

These Terms will remain in full force and effect while you are a User of the Services. Kids2GLOW reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your Account and/or your access to and ability to use the Services and/or any other services provided to you by Kids2GLOW, at any time for any or no reason and without any notice. Even after you are no longer a User of the Services, the provisions of these Terms will remain in effect. You may terminate this agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.

Additional Terms

Kids2GLOW Services may contain links to third-party websites. These links are provided as a convenience and not as an endorsement by Kids2GLOW of the contents on such third-party websites. Kids2GLOW is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

If you access the Services outside of the United States of America you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Kids2GLOW’s Terms of Use are governed by, construed and interpreted in accordance with, the internal laws of the State of Colorado, without reference to any conflicts of laws’ provisions thereof which would cause the laws of a different jurisdiction to apply. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Colorado. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

All claims and disputes arising under or relating to the Terms of Use are to be settled by binding arbitration. You waive any right to a trial by jury. The parties shall be bound by the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will take place in Denver, Colorado, and the arbitrator’s award will be binding. An award of arbitration may be confirmed in a court of competent jurisdiction and may be entered as a judgment in any court of competent jurisdiction. Either you or Kids2GLOW may seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect the rights of property for you or Kids2GLOW pending the completion of arbitration. Claims for injunctive or other equitable relief may be brought in a court of law.

No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Kids2GLOW’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Kids2GLOW’s ability to enforce such term at any point in the future.

You may not assign or transfer these Terms, by operation of law or otherwise, without Kids2GLOW’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Kids2GLOW may assign or transfer these Terms without restriction.

Effective Date: These Terms are effective as of August 20, 2019.

For questions regarding Kids2GLOW or this policy, please contact Kids2GLOW at:

Address:
Kids2GLOW, PBC.
406 Center Drive, Suite C
Superior, CO 80027
Phone: (720) 538-9008
Email: info@buildarobotk12.com