Terms and Conditions

1. Contractual Relationship.

These Terms and Conditions of Use (“Terms”) govern your access or use of the websites, content, and services (collectively, the “Services,” as more fully defined below in Section 2) made available by Kid Lift LLC (“Kid Lift”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KID LIFT. In these Terms, the words “including” and “include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Kid Lift may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures (e.g., a particular webpage on www.kidliftpa.com) or in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Kid Lift may amend the Terms from time to time. Amendments will be effective upon Kid Lift’s posting of such updated Terms on the applicable Services. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Kid Lift changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Kid Lift written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective Date” above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Kid Lift LLC at 100 Cornerstone Ct., Venetia, PA 15367, or (b) by email at kidliftpa@gmail.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

Kid Lift’s collection and use of personal information in connection with the Services are described in Kid Lift’s Privacy Policy available at http://www.kidliftpa.com/privacy-policy/ (“Privacy Policy”). The Privacy Policy, as amended, is hereby incorporated by reference.

 

2. The Services.

2.1. General.

The Services enable users to arrange, schedule, and provide transportation for your children and/or children in your care. 

2.2. License.

Subject to your compliance with these Terms, Kid Lift grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Services on your personal devices solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Kid Lift and Kid Lift’s licensors.

2.3. Restrictions.

You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Kid Lift; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

2.4. Ownership.

The Services and all rights therein are and shall remain Kid Lift’s property or the property of Kid Lift’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Kid Lift’s company names, logos, product and service names, trademarks or services marks or those of Kid Lift’s licensors.

 

3. Access and Use of the Services. [1]

3.1. User Requirements and Conduct.

No person under the age of 18 may authorize the use of any Services. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage of any kind to any person. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.[2]

3.2. Text Messaging and Telephone Calls.

You agree that Kid Lift may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any services. You also understand that you may opt out of receiving text messages from Kid Lift at any time, either by texting the word “STOP” to any promotional message, or by contacting help ‘[______________].[3] If you do not choose to opt out, Kid Lift may contact you as outlined in its Privacy Policy, located at http://www.kidliftpa.com/privacy-policy/.

3.3. Referrals and Promotional Codes.

Kid Lift may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services or benefits related to the Services, subject to any additional terms that Kid Lift establishes. You agree that Promo Codes (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Kid Lift; (iii) may be disabled by Kid Lift at any time for any reason without liability to Kid Lift; (iv) may only be used pursuant to the specific terms that Kid Lift establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Kid Lift reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Kid Lift determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Kid Lift’s Terms.

3.4. Network Access and Devices.

Kid Lift does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

4. Payment. [4]

You understand that use of the Services may result in charges to you for the services you receive (“Charges”). Kid Lift will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services via http://www.kidliftpa.com/pay-now/. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges. Please visit http://www.kidliftpa.com/pricing/ for further pricing information.

[All payments must be made prior to the scheduled pickup, after which you will receive a receipt by email.][5] Charges paid by you are final and non-refundable unless otherwise determined by Kid Lift.

As between you and Kid Lift, Kid Lift reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Kid Lift’s sole discretion. Kid Lift will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Kid Lift may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. [You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee.][6]

 

5. Disclaimers; Limitation of Liability; Indemnity.

5.1. DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KID LIFT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. IN ADDITION, KID LIFT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. If applicable law requires any warranties with respect to the Services, all such warranties are limited in duration to 90 days from the date of first use.

5.2. LIMITATION OF LIABILITY.

KID LIFT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF KID LIFT, EVEN IF KID LIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KID LIFT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES EVEN IF KID LIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KID LIFT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KID LIFT’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KID LIFT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON KID LIFT’S CHOICE OF LAW PROVISION SET FORTH BELOW.

5.3. Indemnity.

You agree to indemnify and hold Kid Lift and its members, affiliates, officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party.

 

6. Other Provisions.

6.1. Choice of Law.

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law principles.

6.2. Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Kid Lift’s designated agent. Please visit Kid Lift’s web page at www.kidliftpa.com for the designated address and additional information.

6.3. Notice.

Kid Lift may give notice by means of a general notice on the Services, electronic mail to your email address, telephone or text message to any phone number provided in connection with your use of the Services, or by written communication sent by first-class mail or pre-paid post to any address connected with your use of the Services. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Kid Lift, with such notice deemed given when received by Kid Lift, at any time by first-class mail or pre-paid post to our registered agent for service of process, c/o Kid Lift  LLC. The name and current contact information for the registered agent is .

6.4. General.

You may not assign these Terms without Kid Lift’s prior written approval. Kid Lift may assign these Terms without your consent to (i) a subsidiary or affiliate; (ii) an acquirer of Kid Lift’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Kid Lift or any third-party provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under the law. Kid Lift’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kid Lift in writing.

[1] NTD: Currently, the Services are not set up to utilize user accounts. This may be something to consider as it would be easier to ensure that people read these Terms.

[2] NTD: The Service isn’t set up in  a way to do this as say an Uber would, but I believe we would want something like this in the Terms as an extra precaution given the services orientation around children.

[3] NTD: Consider whether Kid Lift will conduct such marketing.

[4] NTD: We may want to add more detail to the pricing page. For example, we should elaborate on the home office/travel time charge.

[5] NTD: Consider what happens in the event of nonpayment. Does the customer get charged the last minute fee? Is there a separate fee?

[6] NTD: We may want to either (i) make the fee very low or (ii) get rid of the cancellation fee.