Terms of Service
This updated Member Agreement is effective October 1, 2020.
Welcome to GoodKiddo.com, the website and online service of GoodKiddo LLC. Below is an overview of our Terms of Service (“Terms”) for our “Platform”, which means any website, application, or service we offer. We use “GoodKiddo” here to refer to the GoodKiddo LLC website, our iOS and Android apps, and services. We also use “we”, “us”, and “our” to refer to GoodKiddo LLC and the companies operating our Platform. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We provide our Platform to you subject to these Terms. This agreement (“Agreement”) describes your rights and responsibilities related to your use of GoodKiddo’s website, mobile apps, and services as a registered GoodKiddo member, and what you can expect from us. We use “Terms” and “Agreement” interchangeably to mean this document together with our Policies and Guidelines. Your use of our Platform signifies that you agree to this Agreement.
If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
IMPORTANT: U.S. MEMBERS AND VISITORS, PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GOODKIDDO LLC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
GoodKiddo is the family hub for trusted connections and the exchange of helpful information, goods, and services. Our Platform is designed to enhance family life for our members by enabling you and millions of other families to meet, exchange ideas, learn, and find opportunities or work, and make decisions in a network of trusted relationships.
We hope that families everywhere will use GoodKiddo to build stronger, safer communities, and grow businesses around the world.
Each person is limited to one account per residence, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account.
When you register for GoodKiddo you must use your real name, not a pseudonym, except in circumstances that, in GoodKiddo’s sole judgment, warrant an exception. Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.
To use the Platform you must be 18 years of age or older and fully able and competent to enter into and perform, abide by, and comply with these Terms. THE PLATFORM IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18, AND ACCESS OR USE BY ANYONE YOUNGER THAN 18 IS NOT AUTHORIZED. YOUR MEMBER ACCOUNT MAY BE DELETED WITHOUT WARNING AND WITHOUT LIABILITY TO YOU IF WE BELIEVE THAT YOU ARE UNDER 18 YEARS OF AGE.
You may not use our Platform if: (1) you are a resident of the United States and are under 18 years old (or do not meet applicable age requirements to use social media services where you live); (2) you are a registered sex offender or share a household with one; (3) we previously disabled your account for violations of our Agreement or policies; or (4) you are prohibited from receiving our Platform under applicable law.
We need your help to enforce these eligibility requirements. If you believe that a member in your community does not meet these eligibility requirements, you may report your concerns to us. GoodKiddo reserves the right to refuse registration to any person or household and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to you.
Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a GoodKiddo group or GoodKiddo event may be set by the organizers of that group. GoodKiddo organizers control the Content and membership of their GoodKiddo groups.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Guidelines, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
We hope that you will continue using our Platform, but if you do not agree to our updated Terms and no longer want to be a part of the GoodKiddo community, you can delete your account at any time.
- Your account and membership
To access certain Content and features of the Platform, or to purchase any products or services made available via the Platform, you must create a user account (“Member Account”). GoodKiddo offers personal accounts to individual residential members, and special, restricted-functionality accounts, if available, to government agencies, such as city offices or police, and to businesses, nonprofits, hospitals, and other organizations. Special accounts agree to additional terms and are limited in the conversations they can see. Special accounts can’t access private messages that do not include them. Please note, not all GoodKiddo account types and features are available in all locations.
If you are creating a Member Account or using the Platform on behalf of an employer or other entity, you represent and warrant to GoodKiddo that you have the full legal authority to bind your employer or other entity to these Terms and the other rules, guidelines, and policies of GoodKiddo. Member Accounts, User IDs, and passwords are non-transferrable, and any attempted transfer will be void and of no legal effect. GoodKiddo strongly encourages you to take preventative measures to prohibit unauthorized persons from accessing the Platform with your User ID and password (for example, by not leaving your computer or other device unattended while accessing the Platform, and by always logging out of the Platform at the conclusion of your session). You acknowledge and agree that at all times you remain solely and entirely responsible for all activities that occur on or through your Member Account and User ID (including payments or other actions taken by unauthorized persons using your Member Account), and you hereby release GoodKiddo from any and all liability for losses of any kind arising out of or relating to any unauthorized use of your User ID and password. Please inform GoodKiddo immediately at email@example.com if you suspect any unauthorized use of or access to your User ID or password or upon any unintended or undesired disclosure to any third party of any of your User Information.
When you register, you must provide some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others.
You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by GoodKiddo, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- Fees, payments, and offers
Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars.
Subject to your compliance with this Agreement, GoodKiddo grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.
Members are responsible for paying any subscription and other applicable fees to GoodKiddo on time and through our approved payment methods. Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. We may offer free trials of subscriptions and other products on our Platform.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
We may change, suspend or discontinue any of our paid Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
GoodKiddo reserves the right to change its fees at any time, and changes are immediately effective upon posting on the Platform. All fees are stated in United States Dollars unless otherwise provided. You are responsible for the timely payment of all fees and for providing GoodKiddo with a valid payment method for such payments. GoodKiddo reserves the right to assess late fees and suspend or otherwise restrict your access to and use of the Platform until payment is received in full. If for any reason GoodKiddo is unable to collect fees owed and you fail to timely make other acceptable arrangements, GoodKiddo, in addition to seeking any remedies available at law or equity, may employ collection agencies and attorneys to collect such amounts. GoodKiddo and any associated collection agencies may also report late or missed payments to the various credit bureaus (i.e., Experian, TransUnion, and EquiFax).
- Privacy and preferences
We don’t charge you to use GoodKiddo. Instead, businesses and organization pay us to show you job postings and ads for their products and services. By using GoodKiddo, you agree that we can show you ads that we think will be relevant to you and your interests. We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission.
Protecting people’s privacy is central to how we’ve designed GoodKiddo. This means that we can show you relevant and useful ads without telling advertisers who you are. We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use GoodKiddo. People will only build community on GoodKiddo if they feel safe. We employ dedicated teams and develop advanced technical systems to detect misuse of our website, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
By default, you will receive notifications from GoodKiddo via email. You may also opt in to various topics for which you will then receive notifications. You can change your preferences about receiving messages from government agencies, businesses, or other organizations, and customize your default and opt-in notification settings.
- Content and interactions with other members
You are responsible for the Content that you post to the Platform or otherwise provide to GoodKiddo. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include:
- The material that organizers and members typically post to the Platform, such as information about GoodKiddo groups and GoodKiddo events, comments, videos, and photos;
- All feedback, suggestions, and other communications that you send or direct to GoodKiddo.
By being responsible for your Content, you agree, among other things, that:
- You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to GoodKiddo;
- Your Content does not include personal, private or confidential information belonging to others; and
- Your Content does not otherwise violate the rights of any individual or entity.
GoodKiddo is under no obligation to screen, monitor, edit, block, or remove any communications or other content. GoodKiddo does not endorse nor is responsible for any Member communications or other content, and the opinions of the authors of such communications or other content are not necessarily shared by GoodKiddo. We are not nor will be liable to you or any other Member for any communications or other content you or any other Member encounters on the Platform and perceives to be inaccurate, misleading, illegal, deceptive, defamatory, libelous, slanderous, obscene, pornographic, or otherwise offensive. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect GoodKiddo and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant GoodKiddo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a member of a GoodKiddo group or of the Platform.
We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively moderate Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms a GoodKiddo family.
By submitting, posting, or displaying your Content on the GoodKiddo Platform, you grant GoodKiddo and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use your Content in connection with the operation or use of the GoodKiddo Platform or the promotion, advertising or marketing of the GoodKiddo Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for GoodKiddo to make your Content available to other companies, organizations, business partners, or individuals who collaborate with GoodKiddo for the syndication, broadcast, communication and making available to the public, distribution or publication of your Content on the GoodKiddo Platform or through other media or distribution methods. This license also includes the right for other users of the GoodKiddo Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works.
You acknowledge and agree that GoodKiddo may preserve your Content and may also disclose your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of GoodKiddo, its users, or the public.
The content, information and services made available on the GoodKiddo Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
5.1 Be a good member
At GoodKiddo, we believe that kind behavior is the foundation of healthy communities. This Agreement includes our Community Guidelines on appropriate use of GoodKiddo.
We want people to use GoodKiddo to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Platform to do or share anything:
- That violates these Terms, our Community Guidelines, and other terms and policies that apply to your use of GoodKiddo.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or violates someone else’s rights, including their intellectual property rights.
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Platform.
- You may not access or collect data from our Platform using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or restrict access to content that is in violation of these provisions.
If we remove content that you have shared in violation of our Community Guidelines, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Platform; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the GoodKiddo community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination.
By using the Platform, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. GoodKiddo generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Platform, and you agree that we are not responsible for any such misuse.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
When the Platform uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Platform feature mapping services provided by Google Maps and Google Earth. When you use these mapping services on the Platform, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.
5.2 Transactions with other members
In using GoodKiddo and its member-to-member transactional features (such as For Sale & Free), you, and not GoodKiddo, are responsible for your own decisions and actions. In addition, your use of Jobs or any similar feature does not make us an employer, placement agency, representative, or agent of or for you or any other neighbor or service provider. If you and another member decide to work together, the two of you, and not GoodKiddo, are responsible for complying with any laws that might apply, such as tax or employment laws. GoodKiddo is not a party to transactions or disputes between members. If you write a recommendation or other comment about a transaction with a member or their business (for example, a recommendation of a tutor), be truthful, and fair in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.
Group organizers may establish membership criteria for their own groups. While there is probably a group out there for everyone, not every GoodKiddo group is for you. If you can’t find the right group, you can easily start your own group. We can’t control what happens online or in the real world, and we are not responsible for it. You also acknowledge the risk that you or your organization may take and should use common sense and good judgment when interacting with others.
5.3 Disputes between members; waiver of claims against GoodKiddo
In the real world and online, families sometimes disagree. If you have a dispute with another GoodKiddo member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that GoodKiddo is not responsible for the actions of its members; each member is responsible for their own actions and behavior, whether using GoodKiddo or chatting over the phone. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
GoodKiddo is not a party to any offline arrangements made through the Platform. GoodKiddo does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. GoodKiddo makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
Exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at events.
5.4 Prohibited uses of the Platform
Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
5.5 Platform safety and security
You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by this Agreement, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.
You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in GoodKiddo groups and events. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law. You also agree to safeguard such data from unauthorized access or processing. You must delete such personal data once it is no longer strictly necessary for the administration of a GoodKiddo group or event or promptly following a request from GoodKiddo, and you will promptly certify to such deletion.
You acknowledge that some GoodKiddo group events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.
GoodKiddo reserves the right to limit your use of the Platform, including the number of your connections and your ability to contact other members. GoodKiddo reserves the right to restrict, suspend, or terminate your account if you breach this Agreement or the law or are misusing our Platform (e.g., violating our Policies and Guidelines).
Use of this Platform is at your own risk. Neither GoodKiddo affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom.
5.6 Platform modifications
We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party. Every effort will be made to correct inaccurate material when reported. GoodKiddo and its suppliers make no representations and disclaim all warranties, express or implied. While every effort will be made to prevent errors, viruses and other harmful components, you shall not hold GoodKiddo liable for losses that could occur.
- Third-party websites, advertisers or services
The Platform contains links to third-party websites, advertisers, or services that are not owned or controlled by GoodKiddo. GoodKiddo may periodically provide information about or hyperlinks to third-party products and services on the Platform and may also run third-party advertisements and promotions on the Platform. Such information about and links to third-party products and services are provided for your convenience only. GoodKiddo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. GoodKiddo has not examined or evaluated the quality, nature, reliability, or accuracy of any content, materials, products, or services available on or via such third-party services, nor is GoodKiddo responsible for such content, materials, products, or services. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SERVICE LINKED FROM THE GOODKIDDO SERVICE, YOU DO SO ENTIRELY AT YOUR OWN RISK. GOODKIDDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIRD-PARTY SERVICES AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY SUCH THIRD PARTIES THROUGH THE GOODKIDDO SERVICE OR VIA ANY HYPERLINKED SERVICE OR FEATURED IN ANY ADVERTISEMENT APPEARING ON, VIA, OR IN CONNECTION WITH THE GOODKIDDO SERVICE. YOU EXPRESSLY RELEASE GOODKIDDO FROM ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO ANY USE BY YOU OF ANY THIRD-PARTY SERVICES AND THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND/OR SERVICES.
We don’t control these third parties and aren’t responsible for those sites or services or their content or products. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.
Advertisements. The GoodKiddo Platform may include advertisements, which may be targeted to content or information on our Platform, queries made through our Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by GoodKiddo are subject to change. In consideration for GoodKiddo granting you access to and use of our Platform, you agree that GoodKiddo and its third-party providers and partners may place such advertising on our Platform. If you wish to become an advertiser, you may be required to enter into separate and supplemental terms with us about providing advertising services on our Platform.
Health and Medical Advice. The Platform provides educational information regarding working parents, some of which may contain information pertaining to health and safety, diet and nutrition, exercise and fitness, and information about treatments, medications, and dietary supplements. This information is not intended to be used as medical advice, diagnosis, or treatment. You should always seek the advice of a qualified physician or other health care provider with any questions regarding a medical condition.
- Copyright and DMCA
If you believe Content on GoodKiddo infringes your copyright, you can contact us. If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).
GoodKiddo respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers.
GoodKiddo trademarks, logos, service marks, and service names are the intellectual property of GoodKiddo. You agree not to use our intellectual property without our prior written consent.
- Dispute resolution
If you have a dispute with GoodKiddo, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
This Agreement constitutes the entire agreement between you and us with respect to our Platform, and supersedes any other agreements or understandings (oral or written). We can amend this Agreement and any additional terms by notifying you of the changes (for example, by emailing you, or by posting an amendment notice on our Platform). If you keep using GoodKiddo after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using GoodKiddo and delete your account.
- No warranty
GOODKIDDO AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE PLATFORM, INCLUDING ANY REPRESENTATION THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE PLATFORM (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. We do not promise that any aspect of our software or service will work properly or continuously. We also make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GOODKIDDO AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using GoodKiddo or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.
YOU ACKNOWLEDGE AND AGREE THE PLATFORM IS CONTROLLED AND OFFERED BY GOODKIDDO FROM ITS FACILITIES LOCATED IN THE UNITED STATES. GOODKIDDO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY OTHER LOCATION OR JURISDICTION. ANY MEMBER OR VISITOR THAT ACCESSES OR USES THE PLATFORM FROM ANY LOCATION OUTSIDE OF THE UNITED STATES DOES SO AT THEIR SOLE RISK AND REMAINS SOLELY AND ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS AND REGULATIONS.
Feedback. We welcome your feedback and suggestions about how to improve the GoodKiddo Platform. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and with no restriction or obligation (payment or otherwise) to you.
- Limitation of liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW (AND UNLESS GOODKIDDO HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), GOODKIDDO, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL GOODKIDDO OR THE RELATED PARTIES OR THE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, AND CONTRACTORS OF GOODKIDDO AND THE RELATED PARTIES, BE LIABLE TO YOU, AND YOU AGREE NOT TO HOLD GOODKIDDO OR ANY OF THE FOREGOING PARTIES RESPONSIBLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PRIVACY, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, OR ANY OTHER DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM, AND SPECIFICALLY (A) ANY UNAUTHORIZED ACCESS TO OR USE OF GOODKIDDO’S SERVERS AND ANY PERSONAL, FINANCIAL, OR USER INFORMATION STORED ON SUCH SERVERS; (B) THE QUALITY, ACCURACY, OR COMPLETENESS OF CONTENT POSTED, UPLOADED, LISTED, TRANSMITTED, COMMUNICATED, OR OTHERWISE DISTRIBUTED ON OR VIA THE SERVICE; (C) ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE, OR TERMINATION OF THE SERVICE OR ANY PARTICULAR CONTENT, INCLUDING YOUR CONTRIBUTIONS; (D) ANY VIRUSES, TROJAN HORSES, OTHER MALICIOUS SOFTWARE OR HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO, THROUGH, OR IN CONNECTION WITH THE SERVICE; (E) THE CONTENT, ACTIONS, AND OMISSIONS OF GOODKIDDO’S MODERATORS, EXPERTS, STAFF, AND OTHER USERS; (F) ANY SUSPENSION, RESTRICTION, OR TERMINATION OF YOUR GOODKIDDO MEMBER ACCOUNT AND PRIVILEGES; (G) ANY REAL OR PERCEIVED NEED BY YOU TO MODIFY YOUR PRACTICES OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS AS A RESULT OF CHANGES TO THESE TERMS OR THE OTHER RULES, GUIDELINES, OR POLICIES OF GOODKIDDO; (H) ANY ACTION OR INACTION TO PREVENT, RESTRICT, REDRESS, OR REGULATE ANY CONTRIBUTIONS OR OTHER CONTENT, OR TO IMPLEMENT OTHER ENFORCEMENT MEASURES AGAINST ANY PARTICULAR USER, OR ANY MEMBER’S CONDUCT OR VIOLATION OF THESE TERMS OR THE OTHER RULES, GUIDELINES, AND POLICIES OF GOODKIDDO; (I) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PERSON OR ENTITY; AND (J) ANY ACTS OR OMISSIONS CAUSED BY CIRCUMSTANCES BEYOND GOODKIDDO’S REASONABLE CONTROL, WHETHER ANY OF THE FOREGOING DAMAGES OR LOSSES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOODKIDDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT OF FEES, IF ANY, YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, GOODKIDDO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL GOODKIDDO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AGGREGATE AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICE. YOU HEREBY RELEASE GOODKIDDO AND THE RELATED PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AND GOODKIDDO AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST FILE ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE PLATFORM OR THE SUBJECT MATTER OF THESE TERMS WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE SUCH CLAIM OR ACTION WILL BE PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless GoodKiddo and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Platform with your unique username, email address, password or other appropriate security code. If someone brings a claim against GoodKiddo (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages. As a condition of use of this Platform, you agree to indemnify GoodKiddo and its affiliates from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this Platform.
- FORCE MAJEURE
GoodKiddo will not be liable to you for any loss or damage arising out of or relating to any delay or failure to perform under these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond GoodKiddo’s reasonable control and without GoodKiddo’s negligence, including, but not limited to: (a) any fire, flood, earthquake, or other natural disaster; (b) war, riot, or order of governmental authority; (c) labor dispute or any order, regulation, ruling, or action of any labor union or association affecting GoodKiddo or the industry in which it is engaged; (d) delay in the delivery of materials and supplies or the general unavailability of materials and supplies; (e) casualty, accident, illness, or incapacity; (f) power failure, failure of computer systems or other equipment, or other Internet, network, or communications outages, interruptions, or disturbances; (g) delay in performance by any of GoodKiddo’s Related Parties; or (h) any other cause which prevents GoodKiddo from performing under these Terms.
- General legal terms
Michigan Law. The website and Services are operated from the state of Michigan, USA. This Agreement is executed (signed) and performed in Michigan. The Platform and Services shall be deemed a passive website that does not give rise to personal jurisdiction over GoodKiddo, either specific or general, in jurisdictions other than Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles.
GoodKiddo makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Platform should not be construed as GoodKiddo’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Michigan.
No Implied Waiver. No waiver by GoodKiddo shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of GoodKiddo.
Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
International Considerations. GoodKiddo makes no representations that the Platform or Service is appropriate or available for use in locations other than the United States. Those who access or use the Platform or use the Services from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
Assignment. GoodKiddo may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.
This Agreement does not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship. If any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not located in a country that is (i) subject to a U.S., Irish, or EU Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country or (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.
- Jurisdiction-specific disclosures
15.1 Arbitration agreement; Venue for dispute resolution
You and GoodKiddo shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator in Michigan, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator’s award shall be brought only the U.S. Court for the Eastern District of Michigan, Southern Division, or the Circuit Court for the County of Oakland; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys’ fees and expenses in connection with any such motion to enforce the arbitration award.
You and GoodKiddo agree to the arbitration and dispute resolution terms in this section (the “Arbitration Agreement”). For the purposes of this Arbitration Agreement, references to “GoodKiddo,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs.
You agree that any dispute or claim relating in any way to your access or use of the GoodKiddo’s website, mobile apps, and service, or to any aspect of your relationship with GoodKiddo, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the GoodKiddo Platform (“claim”), you agree that it will be resolved exclusively in the state court located in Oakland County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Michigan will govern these Terms and any claim, without regard to conflict of law provisions.
We are available by email and by regular mail to address any concerns you may have regarding your use of the GoodKiddo Platform. Most concerns may be quickly resolved in this manner. The parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with us, before initiating a lawsuit or arbitration.
15.3 Waiver of jury trial
YOU AND GOODKIDDO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only.
15.4 Waiver of class or other non-individualized relief
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Michigan. All other claims shall be arbitrated. You agree to resolve disputes with GoodKiddo on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.
The parties each further agree that any arbitration will be conducted in our respective individual capacities only and not as a class action or other representative action, and each expressly waives its respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
15.5 30-day right to opt out
You have the right to opt-out of the provisions of this Agreement that mandate arbitration by sending written notice of your decision to opt-out, within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision. Your notice must include your name and address, your GoodKiddo username (if any), the email address you used to set up your GoodKiddo account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
15.6 Survival of agreement
This Arbitration Agreement and any other provisions will survive any termination or expiration of this Agreement.
Both you and GoodKiddo may terminate this Agreement at any time with or without notice to the other. On termination, you lose the right to access or use the Platform. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
Any amounts owed by either party prior to termination remain owed after termination. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.
Notwithstanding any provision in this Agreement to the contrary, we agree that if GoodKiddo makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing GoodKiddo.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.
- Other terms and policies
This Agreement and the relationship between you and GoodKiddo shall be governed by the laws of the State of Michigan without regard to its conflict of laws provisions.
- Community Standards: These guidelines outline our standards regarding the content you post to GoodKiddo and your activity on GoodKiddo and other GoodKiddo products and services.
- Groups and Events Policies: These guidelines apply if you create or administer a GoodKiddo group, or event, or if you use GoodKiddo to communicate or administer a promotion.
- Commerce Policy: These guidelines outline the policies that apply when you offer products and services for sale on GoodKiddo.
- Advertising Terms: These terms apply when you use our advertising interfaces to deliver advertising or other commercial or sponsored activity or content.
- Payment Terms: These terms apply to payments made on or through GoodKiddo.
We may amend this Agreement (including any Policies and Guidelines that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Platform, or other manner. Your failure to cancel your account, or cease use of the Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Platform.