Well Kiddos

Improving Kids Menus “One Restaurant and One Family at a Time.”

Terms of Use and Privacy Policy

Website Terms of Use

Welcome to WellKiddos.com! This Web site (www. WellKiddos.com, this “Site”) is provided by WellKiddos and its affiliates and volunters (collectively “WellKiddos.com,” “we” or “us”). Your use of this Site is governed by and subject to these terms and conditions of use (this “Agreement”). Please read this Agreement carefully and thoroughly. By accessing and using this Site, you agree that you have read and understand this Agreement, and that you accept and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not continue to access and use this Site.

Changes to Terms

This Agreement may be updated by WellKiddos.com from time to time, and may be amended to incorporate additional terms specific to certain additional WellKiddos.com products or services, which you choose to purchase or license. All such updates and changes are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, posting a revised version of this Agreement or other notice on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, at any time without prior notice to you.

Access, Registration and Use

In this Agreement, “you” refers to an individual accessing this Site, regardless whether you purchase or license any particular WellKiddos.com products or services, and regardless of which WellKiddos.com products or services you purchase or license. To the extent applicable, “you” also includes your minor dependants, and the corporation or other legal entity (your “Company”), if any, on whose behalf you are accessing this Site. Though registration is not required to access and use certain features and materials that we make available on the Site, you must register with WellKiddos.com as a subscriber in order to take advantage of the features and benefits of WellKiddos.com (as described below). You agree that all information that you provide to WellKiddos.com in connection with your access to and use of the Site (including, but not limited to, all information that you may provide in the WellKiddos.com subscriber registration process) is true, accurate and complete to the best of your knowledge, belief and ability, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion or features of this Site, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and your WellKiddos.com membership, in the event that any information provided by you in the basic registration or WellKiddos.com subscriber registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or membership, purchase order or other agreement that you have with us.

WellKiddos.com Privacy Policy

Information that you provide or that we collect about you and your Company through your access to and use of this Site is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy please see our website [provide link].

Consents

Before continuing to access and use the Site, you must obtain all required consents and approvals from your Parents (if you are a minor), your Company (if applicable) and from any customers, clients and other third parties who may be affected by, or may need to consent to, your access to and use of the Site and any of the materials, products and services provided through the Site, whether such consents and approvals are required by law or otherwise.

Security

WellKiddos.com takes commercially reasonable measures to secure and protect information transmitted to and from the Site, however we cannot and do not guarantee that any such communications or any electronic commerce conducted on or through the Site is or will be totally secure. You are responsible for maintaining the confidentiality of any login or ID (your “User ID”) and any password that may be assigned to you by WellKiddos.com, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify WellKiddos.com of any unauthorized use of your User ID or password or any other breach of Site security of which you become aware. WellKiddos.com cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID and password.

Proprietary Content

WellKiddos.com respects the intellectual property rights of others and expects you to do the same. WellKiddos.com has expended substantial time, effort and funds to create the Site and to collect and provide the materials, products and services that are available through the Site. You understand and agree that as between you and WellKiddos.com, WellKiddos.com owns all right, title and interest in and to the Site and the products and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of WellKiddos.com and its licensors.

Use of Content

WellKiddos.com grants you a limited, non-exclusive, fully revocable license to access and make personal use of this Site and the Content for legitimate purposes. Except as expressly provided for in this Agreement or in

an applicable, validly executed license or service agreement between you, your child if you are agreeing for a minor, or your Company and WellKiddos.com, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Content in any other manner or for any other purpose constitutes an infringement of WellKiddos.com or its licensor’s intellectual property and other proprietary rights. Other than as necessary and required to facilitate your personal use, you may not reproduce, perform, create derivative works from, republish, upload, post, retransmit, or redistribute in any way whatsoever any Content from this Site, or any other Web site owned or operated by WellKiddos.com, without the prior written permission of WellKiddos.com. Use of the Content or any portion thereof on any other Web site or other networked computer environment is expressly prohibited without prior written permission from WellKiddos.com. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content. Except as expressly authorized by WellKiddos.com in writing, in no event shall you reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site, or access to or use of the Content and the Site.

Submissions

By submitting information and material to the Site or to WellKiddos.com, whether by e-mail, telephone or other mode of communication, or through access to and use of the Site or the Content including, but not limited to, access to and use of any available pages or applications, submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software or computer files of any type, you thereby expressly grant, or warrant that the owner of such material has expressly granted, WellKiddos.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, prepare derivatives of, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to our Privacy Policy, as set forth on this Site.

Compliance with Law

You, or your child with your permission, access and use the Site and the materials, products and services available on or through the Site or WellKiddos.com at your own initiative and risk. In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. You expressly agree to comply with all applicable laws regarding the transmission of data or information out of the country in which you reside. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. These assurances and commitments by you shall survive termination of this Agreement.

Linked Sites

For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of WellKiddos.com. WellKiddos.com does not sponsor or endorse such Web sites and is not responsible for the accuracy, content or any aspect thereof. WellKiddos.com disclaims all liability for such Web sites, and for any use of the links to such Web sites or use of such Web sites themselves. We also disclaim all liability and make no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against WellKiddos.com arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites. Links do not imply that WellKiddos.com is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of WellKiddos.com or any of its affiliates.

Although WellKiddos.com may from time to time monitor or review any user postings, transmissions, or the like that may occur on WellKiddos.com (“User Postings”), WellKiddos.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such transactions on WellKiddos.com. WellKiddos.com does, however, reserve the right to remove any such information or User Posting if a user or other party brings to WellKiddos.com’s attention the possibility that such information may result in liability or offense to any other party.

Disclaimer

Although WellKiddos.com strives to make this Site and the materials, products and services provided through this Site helpful, reliable and current, you understand that your access to and use of the Site and all materials, products and services available through it and WellKiddos.com are at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and WellKiddos.com are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Company, may desire to use them; and (ii) free of viruses and other destructive routines.

This site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. Through this site and linkages to other sites, WellKiddos.com provides general information for educational purposes only. The information provided in this site, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. WellKiddos.com is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this site.

IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN. If you believe you have any other health problem, or if you have any questions regarding your health or a medical condition, you should promptly consult your physician or other healthcare provider. Never disregard medical or professional advice, or delay seeking it, because of something you read on this site or a linked website. Never rely on information on this website in place of seeking professional medical advice. You should also ask your physician or other healthcare provider to assist you in interpreting any information in this Site or in the linked websites, or in applying the information to your individual case.

Medical information changes constantly. Therefore the information on this Site or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this Site or any linked websites is solely at your own risk.

WellKiddos.com does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be provided on the linked websites. The linked websites may contain text, graphics, images or information that you find offensive.WellKiddos.com, its licensors and its suppliers have no control over and accept no responsibility for such materials.

Limitation of Liability

NEITHER WELLKIDDOS.COM, ITS SUBSIDIARIES, CONTRACTORS, SUPPLIERS, CO-BRANDERS, LICENSORS AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES AS LISTED HERETOFORE IN THIS SENTENCE, COLLECTIVELY, THE “WELLKIDDOS.COM ASSOCIATES”), SHALL BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, NEGLIGENT USE OR NON-USE, OR YOUR RELIANCE ON OR FAILURE TO RELY ON THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THE SITE OR WELLKIDDOS.COM; (B) ANY DECISIONS MADE OR NOT MADE, OR ACTIONS TAKEN OR NOT TAKEN BY YOU, YOUR COMPANY, OR ANY THIRD PARTY WITH REGARD TO, IN RELIANCE ON, OR AS A RESULT OF, ACCESS AND USE OF THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND WELLKIDDOS.COM; (C) WELLKIDDOS.COM’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH WELLKIDDOS.COM. UNDER NO CIRCUMSTANCES SHALL THE WELLKIDDOS.COM ASSOCIATES BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE, NEGLIGENT USE OR NON-USE OF MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR WELLKIDDOS.COM, THE USE, COPYING OR DISPLAY OF THIS SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF WELLKIDDOS.COM, EVEN IF WELLKIDDOS.COM WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE WELLKIDDOS.COM ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE WELLKIDDOS.COM ASSOCIATES ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE WELLKIDDOS.COM ASSOCIATES’ COLLECTIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.

Indemnification

You agree to indemnify, defend and hold all of the WellKiddos.com Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), made by any third party due to or arising out of content, data or information you submit, post to or transmit through the Site, your access to and use, negligent use or non-use of the Content, the Site and other materials, products and services available on or through the Site and WellKiddos.com, your violation of this Agreement or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.

 

Miscellaneous

This Agreement and the WellKiddos.com Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms), together with any applicable, validly executed licenses or services agreements between you or your Company and WellKiddos.com collectively constitute the entire agreement with respect to your access to and use of the Site and the materials, products and services available on or through the Site or WellKiddos.com. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of WellKiddos.com copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you and Wellkiddos.com. WellKiddos.com may assign, delegate, or sublicense, in each case in whole or in part, its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of WellKiddos.com. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.

 

Jurisdiction

This Site was created and is presently maintained, located and controlled by WellKiddos.com in the State of California. This Agreement shall be governed by and construed under the law of the State of California, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to this Agreement and your access to and use of this Site must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT WELLKIDDOS.COM AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. WellKiddos.com and you each agree to use your best efforts to settle any dispute or claim arising out of, or relating to, for resolution of any matters related to interpretation, construction or enforcement, or otherwise in connection with this Agreement, the WellKiddos.com Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of this Site and the materials, products and services available on or through this Site or WellKiddos.com. If WellKiddos.com and you cannot reach a written settlement agreement within thirty (30) days of your initially raising the controversy or claim, WellKiddos.com and you shall submit any controversy or claim arising out of, or relating to, this Agreement to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

International Users and Export Control Laws

The Site can be accessed from countries around the world. WellKiddos.com makes no representation that the Site, or the services and products available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its services or products are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which the United States embargoes goods. In addition WellKiddos.com software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

 

Privacy

Any communication or material you transmit to the Site by uploading, electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by WellKiddos.com or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, WellKiddos.com is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

WellKiddos.com makes commercially reasonable efforts to safeguard individual Site users’ personal information. Nevertheless, WellKiddos.com cannot ensure that these measures will provide perfect security. WellKiddos.com will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your information.

In using the Site to conduct transactions, you may acquire access to others’ personal information, such as names and addresses. Your use of the Site constitutes your agreement to respect others’ privacy with respect to personal information. You may not, under any circumstances, release others’ personal information to third parties, including your employees who have no need for the information, without the written consent of both WellKiddos.com and the person or persons whose personal information you intend to forward. You may not, under any circumstances, use personal information obtained from the Site to send unsolicited email, facsimile transmissions, or spam, even if the person to whom you intend to send unsolicited email or spam has communicated with you in the past. You agree to immediately notify WellKiddos.com of any release or breach of any third party’s personal information (including name, address, phone numbers, email addresses, account numbers, investment histories, or social security number) that occurs as a result of use of the Site under your user name.

You may not use any device, software, or process to interfere or attempt to interfere with any function of the Site. You may not deliberately, willfully, or negligently take any action that overloads, places an unreasonable burden on, or otherwise diminishes (in any significant way) the functionality or responsiveness of the Site or its infrastructure. WellKiddos.com will be the sole arbiter of what is an “unreasonable” burden or a “significant” diminution of the Site’s functionality and/or responsiveness. Any attempt to alter information posted on the Site or to interfere with the functions of the Site will result in immediate termination of your right to access the Site and may also render you liable for civil and/or criminal penalties.

Information Gathered

We do not share any of the personal information you provide to us with any third party other than service providers of ours who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we will endeavor to ensure that party has agreed to comply with our privacy standards as described in this Agreement. The information gathered from our users through inquiry forms on the Site is used to provide quality services to our customers. WellKiddos.com will make reasonable efforts to protect our users and partners from privacy violations.

 

Log Files

WellKiddos.com periodically collects log files, including IP addresses, from our server. These files give a general picture of who is visiting the Site and which pages are being viewed most often. This information is collected to assist us in the maintenance and administration of the Site. Log files are collected mainly for research purposes to see what pages are of most interest and use to current and potential clients as well as to gather demographic, geographic and economic trends.

WellKiddos.com reserves the right to make changes to this policy’s description of log files use at anytime.

Cookies

WellKiddos.com uses “cookie” technology that allows our servers to deposit codes on a visitor’s computer. This information helps determine the number of visitors to a Site on an ongoing basis and the types of Internet browsers (e.g., Mozilla Firefox or Internet Explorer) and operating systems (e.g., Windows or Apple) used by the Site’s visitors. This information is used to enhance your online visits.

 

Copyright Notices

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide WellKiddos.com with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

WellKiddos.com’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Well Kiddos

POB 871

Moss Beach Ca 94038

By phone:

650.274.0269

By email:

manu@wellkiddos.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Questions Regarding Terms of Access

Please contact us with any questions regarding this Site or these Terms of Use by e-mail at sabine@wellkiddos.com.

Acknowledgement

YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE WELLKIDDOS.COM PRIVACY POLICY REFERENCED HEREIN.

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