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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site and exit immediately. CalmKIDS.com may revise and update these Terms and Conditions at any time. Your continued usage of this CalmKIDS.com site will mean you accept those changes. The contents of the Site, such as text, graphics, images and other materials contained on the Site ("Content") are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical or psychiatric advice, diagnosis or treatment. Always seek the advice of your physician, psychiatrist, psychologist or other qualified health provider with any questions you may have regarding a medical or psychiatric condition. Never disregard professional medical or psychiatric advice or delay in seeking it because of something you have read on this CalmKIDS.com site! CalmKIDS.com has provided the information contained within this Site and in any product information booklet both to instruct parents, teachers, caretakers and the general public about the nature of relaxation breathing and guided imagery, and to inform you about the wholesomeness and usefulness of these techniques to facilitate a healthy lifestyle. Relaxation breathing and guided imagery are not in any way meant as a substitute for standard medical, psychological or psychiatric treatment for serious or life-threatening conditions, such as medical trauma, surgical emergencies, bacterial infections, certain bodily "mechanical" difficulties and thought disorders such as psychosis or schizophrenia. These techniques are an adjunctive/complimentary processes for self- -help and positive growth. If you or your child is in psychotherapy or currently under a therapist's care, consult with the therapist before using these products. (Therapists, as well as parents, may contact Dr. Rogers for a copy of the transcript of any guided imagery on the tapes under consideration.) If you think that you or your child may have a medical or psychiatric emergency, call your doctor or 911 immediately. If you or your child begins to experience any physical discomfort or pain while using the product or is being bothered by other physical symptoms, STOP USING THE PRODUCT IMEMDIATELY and have a physician fully assess said pains or symptoms. Do not use or resume use of the products until your physician has fully completed all assessments and given approval for use. CalmKIDS.com does not recommend or endorse any specific tests, physician, product, procedures, opinions, or other information that may be mentioned on this Site, or in association with this Site, that is tangential to the CalmKIDS.com product. Reliance on any information provided by CalmKIDS.com, CalmKIDS.com employees, others appearing on this Site at the invitation of CalmKIDS.com or other visitors to the Site is solely at your own risk. AT NO TIME SHOULD THESE PRODUCTS BE USED WHILE BIKING, DRIVING OR OPERATING MACHINERY OR THE LIKE. IF LISTENING TO THE PRODUCT IN THE CAR, HEADPHONES OR THE LIKE MUST BE WORN BY THER LISTENER. Your use of CalmKIDS.com web site and products is at your own risk. When using this CalmKIDS.com web site, information will be transmitted over a medium that may be beyond the control and jurisdiction of CalmKIDS.com and its suppliers. Accordingly, CalmKIDS.com assumes no liability for or relating to any delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Site. This CalmKIDS.com Site and the Content are provided on an "as is" basis. CalmKIDS.com, its licensors, its employees and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement or third parties' rights and fitness for a particular purpose. CalmKIDS.com make no express or implied representation or warranties of results, insofar as human behavior cannot be predicted. Any results are ultimately achieved through the clients' and parents' own personal efforts applied over time, for which each customer, client, parent and other user accepts full responsibility. In no event shall CalmKIDS.com, its licensors, its employees, its suppliers or any third party mentioned on this Site or in association with CalmKIDS.com be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use the CalmKIDS.com Site, Contents or products, whether based on warranty, contract, tort or any other legal theory, and whether or not CalmKIDS.com is advised of the possibility of such damages. At CalmKIDS.com, your right to privacy is our number one concern. That is why, when you visit CalmKIDS.com, we help you maintain control over your personal data on the Internet. Below are the guidelines we use for protecting the information you provide us during a visit to our Internet site CalmKIDS.com. The online store at CalmKIDS.com is designed to give you control over your privacy of your credit card information, name, address, e-mail and any other information you provide us. We offer an industry standard security measure called Secure Server Certification available through your browser. When you provide your personal information such as name, street address, e-mail address and phone number, CalmKIDS.com will not give or sell this information to any outside company for any use. Moreover, it has always been a CalmKIDS.com policy to contact customers in the event a potential problem with your purchase or problem with any normal business communication regarding your purchase. New technologies are emerging on the Internet that help us deliver customized visitor experiences. At CalmKIDS.com, we primarily use "cookies" to maintain your shopping experience in our online store. A cookie is a small amount of data that is automatically sent to your web browser from a web server and stored on your computer's hard drive. They help you navigate our Site more easily. Our use of this technology does not mean that we automatically know any information about you. We might be able to ascertain what type of computer you are using or your Internet service protocol (ISP) address to assess the frequency of visits to the Site, but beyond that, our use of cookies is designed only to provide you with better experience while using CalmKIDS.com and to help us offer better products and services to meet the needs of you, our valued customer! CalmKIDS.com has no desire or intent to invade your privacy while using the CalmKIDS.com Site, and will never provide your personal information to anyone else. By the pure nature of this Site, CalmKIDS.com is committed to fully complying with the Children's Online Privacy Protection Act of 1998 (COPPA). Naturally, the safety of children is very important to CalmKIDS.com. CalmKIDS.com shares the CARU's (The Children's Advertising Review Unit of the Better Business Bureau) concerns for child safety on the Internet, and we urge every parent to discuss safe Internet privacy practices with their children. CalmKIDS.com does not solicit personally identifiable information from children. The products we sell are intended to be purchase by adults for children to be used with adult regulation. CalmKIDS.com does not permit children we know to be under the age of thirteen (13) to place any orders or communicate with us using this Site without the express prior permission of their parents or legal guardian. If we become aware that we have inadvertently received personally identifiable information from a user under that age of thirteen (13), we will delete such information from our records. Because we do not knowingly collect any personally identifiable information from children under the age of thirteen (13), we also do not knowingly distribute such information to third parties. The parent or guardian is responsible for providing supervision to ensure any minor's authentication of information is kept secure. CalmKIDS.com welcomes your comments and questions on its Site and in its "Contact Us" page. However, you acknowledge and agree that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information ("Information"), the Information shall be deemed, and shall remain, the property of CalmKIDS.com. By submission of any Information to us, you assign to us, and we shall exclusively own all now known or hereafter existing rights to such Information and shall be entitled to unrestricted use of the Information for any purposes, whatsoever, commercial or otherwise, without compensation to you. If you wish to keep any business information, ideas, concepts, inventions or other information private or proprietary, do not submit them to CalmKIDS.com by e-mail. We attempt to answer every e-mail in a timely manner, but are not always able to do so. CalmKIDS.com requests users to provide an optional password within the login and shopping Site features. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your CalmKIDS.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor and control access to and use of your CalmKIDS.com account and passwords; (3) promptly inform CalmKIDS.com of any need to deactivate a password. You grant CalmKIDS.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. CalmKIDS.com cannot and does not assume any responsibility or liability for any information you submit or your or third parties' use or misuse of information transmitted or received using CalmKIDS.com tools or services. CalmKIDS.com may provide links to third-party web sites. CalmKIDS.com does not recommend and does not endorse the content of linked third-party websites. CalmKIDS.com is not responsible for any content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. CalmKIDS.com does not endorse any product advertised on any third-party websites. You agree to defend, indemnify and hold CalmKIDS.com, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, but not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. CalmKIDS.com is based in Chagrin Falls, Ohio, in the United States of America. CalmKIDS.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Content branded CalmKIDS.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction and Complete Agreement. You expressly agree that exclusive jurisdiction for any dispute with CalmKIDS.com, or in any way relating to your use of this CalmKIDS.com site, resides in the courts of the State of Ohio, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any dispute, including any claim involving CalmKIDS.com or its affiliates, subsidiaries, telecommunications providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Except as expressly provided in a particular "legal notice" on this CalmKIDS.com web site, these Terms and Conditions and the CalmKIDS.com Privacy Policy and Agreement constitute the entire agreement between you and CalmKIDS.com with respect to the use of this CalmKIDS.com site and content. |
