Effective Date: September 15, 2026
F.I. FOR KIDS CO. TERMS OF USE
Last Updated: September 15, 2026
Please carefully read these Terms of Use in their entirety before using the Website. If you do not agree to the Terms, then please do not use the Website and please do not order any Experiences or Products.
Part One has terms applicable to all Website visitors and users. Part Two has additional Terms of Sale applicable to users making purchases of products on the Website (“Products”) or purchases on the Website of live, instructor-led food and nutrition education classes and related activities for children (“Experiences”). Part One and Part Two are collectively referred to as the “Terms.”
PART ONE: TERMS APPLICABLE TO ALL WEBSITE VISITORS AND USERS
1. Terms and Acceptance of Terms
Welcome to F.I. FOR KIDS Co. Thank you for visiting our website located at www.fiforkids.com. The following information constitutes the Terms of Use for the website and other Company websites, mobile applications, social media pages and other online services that are linked to this site or affiliated with this site, including, without limitation, their content and materials, and all of the text, graphical, audio, video, software, information, data, trademarks, logos, product and program names and other content, materials and services available, displayed, or accessible on or through them (collectively the “Website”), and any services and materials that are made available to you through the website that do not require payment (“Services”) are provided to you subject to the Terms. In addition, if you register for an Experience, or purchase a Product on the Website, the Terms in this Part One and the terms in Part Two apply to such purchase and use. In the Terms, F.I. FOR KIDS Co is referred to as “Company,” “we,” “us” or “our,” and the term “you” refers to you.
The Terms represent a binding agreement between you and Company and affect your legal rights.
When accessing the Website, purchasing Products or Experiences or accessing the Services you; (a) have carefully read and agree to be bound by the Terms (as they may be updated by Company from time to time), (b) agree to comply with all applicable laws, rules and regulations, and (c) that you have the legal authority to accept the Terms on behalf of yourself or any party you represent. Your continued use of the Website constitutes a continued agreement to be bound to the Terms and by the terms of our Privacy Policy, (“Privacy Policy”), which governs the collection, use, and disclosure of personal information gathered on or through the Website and your consent to that policy, including the use of cookies.
Some programs and promotions offered by Company are provided through the use of third-party suppliers and service providers. If you join, enroll, register, pre-register, or otherwise take part in a program or promotion, you agree to be bound by the terms and conditions of such program or promotion, in addition to the Terms, and all terms incorporated by reference. Company may discontinue, or change from time to time, any program or promotion, including any applicable, without prior notice. Some program and promotion options are only available if you utilize corresponding program features.
The Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The Website is hosted on Shopify (“Host”). Host provides us with the online e-commerce platform that allows us to sell our Products to you, allow you to register for Experiences and provide the Services to you. Shopify’s Terms of Service apply to your use of the Website.
2. Updates to Terms and Information on Website
Company may update the Terms at any time without notice to you, and the updated Terms will be posted on this page or a similar page of the Website. You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of the Terms. It is your responsibility to review the Terms each time you use the Website. By continuing to use the Website, order Products or use the Services, you consent to any updated Terms.
Company has made and continues to make reasonable efforts to represent accurate and up-to-date information on the Website. However, it is possible that information provided and certain features may not be accurate or up-to-date. Company reserves the right to correct any errors or omissions on the Website and to change or update information on the Website at any time and without any notice, including any errors or omissions relating to Product descriptions, pricing, product availability, and we apologize for any inconvenience resulting from our reserved right to cancel any product order or refusal to accept any product order based on incorrect or incomplete information.
3. Eligibility to Use the Website
The Website is not targeted toward or intended for use by anyone under the age of 18. The Website is intended for use by adults, including parents or legal guardians who are legally able to enter into a binding agreement. You must be at least 18 years old to create an account, make a purchase of Products, register a child for an Experience, access the Services or submit personal information through the Website.
By using the Website, you represent and warrant that you (a) are 18 years of age or older and (b) are a legal resident of the United States and are located in the United States when you access the Website.
To use the Website and order Products or Experiences or use the Services you must be 18 years of age or older. Persons under the age of 18 are not permitted to use the Website or order products, Experiences or Services.
A parent or legal guardian may permit a child to view age-appropriate Website content under adult supervision. The adult is responsible for the child's use of the Website and for ensuring that the child follows these Terms.
By providing information about a child, registering a child for an Experience, purchasing a product for a child, or allowing a child to use Website content, you represent and warrant that:
• you are the child's parent or legal guardian and you have the authority and permissions required to act for the child;
• the information you provide is accurate and complete;
• you have authority to agree to all applicable terms and conditions, including these Terms, on the child's behalf; and
• you will provide appropriate adult supervision and follow all product instructions, age recommendations, safety notices, and experience requirements.
F.I. For Kids does not request or knowingly collect information directly from children. You may not allow a child to create an account, make a purchase, register for an experience, or submit personal information directly to us unless we have expressly created a child-directed feature that includes the notices, permissions, and parental-consent process required by applicable law.
The Website and the Services are operated and controlled in the United States, and Company does not represent or warrant that the Website, products, Experiences, Services or any materials are appropriate or available for use in any location outside of the United States, and anyone who accesses the Website or the Services from outside of the United States does so at their own risk and is solely responsible for complying with all applicable laws and regulations. You acknowledge that Company, in its sole discretion, may terminate access to the Website, Products, Experiences and the Services at any time and will have no liability to you if your ability to access the Website, purchase Products or Experiences or access the Services is terminated or if the Website or the Products, Experiences, or Services are discontinued.
4. Registration, Account; Your Information; Investigation
Your privacy and the protection of your data on the internet are extremely important to us. Company uses reasonable steps to protect your information transmitted over the Website from improper use, including installation of antivirus software and the transmission of data over HTTPS secured websites, and the use of Transport Layer Security (TLS) technology; however, you acknowledge and agree that despite Company’s best efforts, transmitting data on the internet has inherent risk. By using the Website and the Services, you accept the risk inherent in transmitting personal data over the internet.
a) Registration; Account. You are not required to establish an account in order to access the Website or make a purchase of Products or Experiences; however, in order to access some of the resources the Website has to offer and to purchase some Experiences, you will be required to be or become a registered user. The Website may require adult users to create an optional account to access certain resources, view or manage orders, register for Experiences or make a Product purchase or use other available features. Children may not establish accounts. To establish a Website account, you will be asked to provide registration details, and you agree to (1) provide accurate, current and complete account information, (2) maintain and promptly update, as necessary, your account information, (3) maintain the security of your account credentials, (4) be responsible for the acts or omissions of any third party who has authority to access or use the Website or the Services on your behalf, and (5) immediately notify us if you discover or otherwise suspect any security breaches related to the Website, the Services or your account. Each user with access to the Website and the Service must separately establish an account and pay any associated fees for use of the Services. If Company believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, the Services or any of their resources, and to terminate or suspend your account or cancel any order you may have placed. You understand that any information you provide as part of the registration process will be treated by Company in the manner described in its Privacy Policy located at www.fiforkids.com/privacy-policy.
b) Your Information. During the registration process, you will be asked to select a username and password. Company, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that belongs to or is being used by another person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. It is your responsibility to maintain the accuracy and confidentiality of all your personal information requested by the Website during the registration process. You are responsible for all activity (including, without limitation, purchases) that occurs under your registered account, and you agree to immediately notify Company about any unauthorized use of your account or if any of your personal information has been compromised. Company will have no liability for any loss or damage arising as a result of an unauthorized party using your personal information to access your registered account, and Company is not responsible for any delay in shutting down your account after you have reported to Company any breach of your account. Access to an account may be authenticated through an email verification code or another authentication method offered through the Website or its third-party service providers. You may not transfer or resell your access to the Website or your account to any third party.
c) Investigation. You further understand and agree that Company may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Website account. You will defend and hold harmless all Company Parties from any claims resulting from any action taken by any Company Parties or law enforcement authorities during or as a result of its investigations.
5. Disclaimer of Warranties and Additional Disclaimer
Company does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, the content of the Website or any other websites linked to or from the Website, oR ABOUT THE PRODUCTs, SERVICES OR EXPERIENCES. Any MATERIAL downloaded or otherwise obtained through the use of the WEBsite AND THE USE OF SERVICES is PERFORMED at your own discretion and risk and you are solely responsible for any damage to your phone, computer system or loss of data that results from the download of any such material, or use of the Website OR THE SERVICES. The content, and information on the Website AND THE Services are provided on an “as is” and on an “as available” basis, without warranties of any kind, either express or implied. To the fullest extent possible under applicable law, Company disclaims and excludes all warranties, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, ACCURACY OF INFORMATIONAL CONTENT, non-infringement or other violation of rights, irrespective of any course of dealing or performance, custom or usage of trade. NEITHER THE COMPANY NOR ANY OF ITS CONTENT PROVIDERS WARRANTS THE ACCURACY, completeness OR TIMELINESS OF THE SERVICES, or that any information, content, result, productS, experienceS or serviceS will be suitable for any particular child, ADULT or purpose. You bear the entire risk as to the quality and performance of the Website, products, experiences or services and the information contained herein and therein. Company does not warrant that the Website, THE PRODUCTS, THE SERVICEs OR THE EXPERIENCES, ANY INFORMATION OR ANY OTHER SOFTWARE ACCESSED FROM THE WEBSITE, the services OR THE SERVICES will be uninterrupted, that THEIR use or operation will be error or defect free, OR that any defects will be corrected, that thEY will properly operate on any specific browser or computer, or that the Website, the services, OR ANY OTHER WEBSITE LINKED TO THE WEBSITE, the services, THEIR servers, or any email sent from Company is free of viruses or other harmful components OR COMPLIES WITH APPLICABLE LAWS. SomE STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
ADDITIONAL Disclaimers. Your use of this website is also subject to the disclaimers posted in the "Disclaimers" section of thE website (the "Disclaimers"), which are located at https://fiforkids.com/pages/disclaimer and are hereby incorporated into these Terms of Use by reference. The Disclaimers form an integral part of these Terms, and by accessing or using the website OR PURCHASING PRODUCTS OR EXPERIENCES, you acknowledge that you have read, understood, and agree to be bound by them.
COMpany PARTIES will not be liable for any claims, claims for relief, demands, obligations, judgments, actions, causes of action, charges, expenses, or costs of any kind or description whatsoever, in tort (including negligence), contract, equity, statutory, warranty, strict liability, or otherwise, or any damages of any kind arising out of or relating to the purchase or use of The Website, any products, experiences or services offered through the website or the Services or the use or inability to use the Website, the services, their content or links OR THE RESULTS YOU HOPE TO OBTAIN FROM THE USE OF THE SERVICES including but not limited to, LOSSES OR DAMAGES RESULTING FROM DECISIONS FROM OR RELATED TO THE INFORMATION OR MATERIALS PROVIDED IN CONNECTION with THE WEBSITE, THE PRODUCTS OR THE SERVICES, OR damages caused by or related to errors, omissions, INACCURACIES, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other actual, direct, indirect, special, incidental, exemplary, punitive, consequential damages, personal injury and wrongful death, lost profits, tax consequence, or any damages resulting from lost data or business interruption, even if Company has been advised of the possibility of such damages or was on notice of the potential for such damages prior to the occurrence of damage. Company PARTIES WILL NOT BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY USeR OF THE WEBSITE, THE PRODUCTS or the services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, the Company parties’ total cumulative liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of the Website, OR THE PURCHASE OR USE OF ANY OF the PRODUCTS, EXPERIENCES, SERVICES, their content or links, shall not exceed $100.00. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE USE OF THE WEBSITE, THE PURCHASE OR USE OF SERVICES OR ANY OTHER SERVICES offered ON THE WEBSITE MAY BE BROUGHT MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. “COMPANY PARTIES” MEANS F.I. FOR KIDS CO AND ITS AFFILIATES, LICENSORS, VENDORS, RETAIL PARTNERS, AGENTS, REPRESENTATIVES, AND ANY OTHER PARTY INVOLVED IN THE CREATION, OPERATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, THE PRODUCTS, THE SERVICES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, SUCCESSORS, AND ASSIGNS.
If you are dissatisfied with the Website, the product, the experiences, the Services or content, then your sole and exclusive remedy is to discontinue using the Website, product, expERience, or services, except as otherwise provided under our refund and cancellation policy, and applicable express written warranty or applicable law.
YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, to waive your right to join and, if applicable, you agree to opt out of any class action or collective action against Company PARTIES related to the terms, the Website, THE experiences, products OR THE SERVICES. You agree to pursue any claim that you think you have against THE COMPANY PARTIES related to the terms or the Website, THE SERVICES OR THE SERVICES individually and not as a member of a class or collective action.
NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Indemnity and Unauthorized Access
In addition to any other indemnities you may provide under the Terms, you agree to defend, indemnify, and hold harmless the Company Parties, from, and waive and release the Company Parties from all claims, suits, proceedings, losses, damages, liabilities, and expenses (including without limitation, attorneys’ fees) arising out of or based on (a) your use (or use by any third party using your account) of or access to the Website, Products, Experiences or Services or of any material contained on the Website, Products, Experiences or Services, (b) your violation or breach of any of the Terms, (c) the submission or use of any content including User Content that you submitted, posted or otherwise provided to Company or the Website or the Services, (d) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants, or obligations under the Terms, (e) act or omission by you or any third party on behalf of you in connection with this Agreement or the use of the Website, Products, Experiences or Services, (f) your violation of any Intellectual Property rights or other rights of any Company Parties or any third party, (g) the use of or dissemination of any data generated from the use of the Website or the Services, including without limitation any data generated by your use of artificial intelligence in connection with such data, or (h) your violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Website, Products, Experiences and the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.
Unauthorized access to the Website, the Services and unauthorized use of any content, material or information on the Website, or the Services is strictly prohibited.
8. Ownership and Intellectual Property
Except as otherwise expressly noted, Company or its licensors (as applicable) own all right, title and interest in and to all of the Website, Products, Experiences, Services and other intellectual property, including all copyright, trademarks, service marks, patents, logos, slogans, trade dress, product designations and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing (collectively, the “Intellectual Property”). Company does not represent or warrant that such materials do not infringe the rights of any other person or entity. Intellectual Property displayed on the Website may not be used without Company’s written authorization or license of the owner of such Intellectual Property. You acknowledge that content available on the Website, including without limitation, the content of third parties and the Intellectual Property, is protected by copyright, trademark, patent, or other intellectual property rights and laws and you will not use or allow any third party to use any of the Company’s trademarks without Company’s express written consent. Access to the Website, Products, Experiences and/or the Services does not confer on you any license under Company’s or any third party Intellectual Property rights other than as expressly granted in this Section. Without the express written consent of Company in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, decompile, disassemble, reverse engineer or create derivative work of or use any Intellectual Property, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by the Terms. Any other access to the Website or to the Services or the use of content, and Intellectual Property is prohibited.
9. Copyright
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Website, and the Services by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the Intellectual Property rights of others. If you believe in good faith that content or material on the Website or the Services infringes a copyright or other Intellectual Property owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to Company’s designated agent at: F.I. FOR KIDS Co., Attn: 57 Sunset Avenue, Glen Ellyn, IL 60137. This notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work claimed to have been infringed, (c) identification of the material that is claimed to be infringing or the subject of the infringing activity reasonably sufficient to allow Company to locate the material, (d) the name, address, telephone number, and email address of the complaining party, (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
10. User Conduct
You agree that while you are accessing or using the Website you will (a) comply with the Terms and all applicable laws, rules and regulations, (b) not damage or infringe upon the rights of any person or entity, (c) not act in any way that is defamatory, libelous, harassing, obscene or otherwise objectionable, (d) not engage in the commercial resale of Products, Experiences or Services without the prior written consent of Company, (e) not affect or interrupt or attempt to affect or interrupt operation of the Website, and (f) provide complete, truthful and accurate information on the Website and provide updates as needed. You agree that you are solely responsible for your conduct, while accessing or using the Website. In addition, you will not:
· Submit information about, register, purchase an Experience for, or execute any agreement or waiver on behalf of a child unless you are the child’s parent or legal guardian;
· Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
· Disrupt or interfere with the security of, or otherwise abuse, the Website, any material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites;
· Use or attempt to use another user’s account without authorization from such user and Website;
· Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
· Modify, disassemble, or reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Website;
· Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access;
· Develop any third party applications that interact with the Website without our prior written consent;
· Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data, “data mine” or otherwise interfere with or modify the rendering of the Website’s pages or functionality;
· Intentionally hold Company and/or its employees and/or directors up to public scorn, ridicule and/or defamation;
· Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates the Terms;
· Create hyperlinks from other websites to the Website, unless expressly permitted in writing by Company;
· Post any content, including without limitation, User Content (as defined below) that (i) is offensive, unlawful, harmful, abusive, defamatory, pornographic, threatening, or obscene; (ii) impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, libelous, deceptive, or misleading; (iii) involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized in writing by Company or (iv) you do not have a right to make available under any law or under a confidential or fiduciary obligation or agreement; or
· Use any device or computer program that interferes with or attempts to interfere with the operation of the Website, including any activity that precedes attempts to breach security.
11. User Content and Feedback
Company’s collection and use of personally identifiable information, which may be included in content users of the Website provide through the use of the Website, social media channels, by users posting such information on social media, or otherwise, is subject to the Privacy Policy. Users of the Website and social media channels may post, upload, or otherwise contribute feedback, comments and reviews of Services and certain other materials related to Company or its Products, Experiences or Services on the Website or on social media channels (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). Any User Content you post on the Website or social media channels that relates to Company or its Products, Experiences or Services will be deemed NOT TO BE CONFIDENTIAL and is subject to the Terms in addition to the terms of use and privacy policies of such social media channels, and you specifically acknowledge and agree that Company can post any User Content that you post on social media channels on the Website, paraphrase the User Content and attribute it to you. If you submit feedback directly to us (e.g., via the Website or email), you grant Company a nonexclusive, unrestricted, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, paraphrase, create derivative works from, and distribute any of your User Content or feedback, along with your name or any part thereof, your city of residence, through any medium, whether alone or in combination with other materials, in any manner and by any means, method or technology, for any purpose whatsoever without any compensation or attribution to you or any other person, including without limitation on the Website. You hereby waive any right to inspect or approve any such use by Company, and you waive, release, and hold harmless the Company Parties from and against any and all claims and liabilities arising from Company’s use of your User Content on the Website.
You represent and warrant that, with respect to any User Content you post on the Website or social media channels that relates to Company or its Products, Experiences, or Services, (a) you own or otherwise control all of the rights to the User Content, (b) such User Content is true, accurate and not misleading, (c) such User Content or the displaying, publishing or posting publicly and using the User Content by Company as contemplated by the Terms by posting it on the Website and as otherwise set forth in the Terms, does not violate the Terms or applicable law, and does not infringe or violate the Intellectual Property rights, privacy rights or other rights of any third party or imply any affiliation with or endorsement of you or your User Content by Company (d) Company will not need to obtain licenses from any third party or pay royalties to any third party for its use of User Content, and (e) such User Content complies with the Terms and all applicable laws, rules and regulations.
Company reserves the right, in its sole discretion to, but has no obligation to, monitor, review, paraphrase or edit User Content that it posts on the Website. In all cases, Company reserves the right to remove, edit or disable access to any User Content that we post on the Website for any or no reason. Company may take these actions without prior notification to you or any third party. Removal, editing or disabling of access to User Content on the Website shall be at our sole discretion, and we do not promise to remove, edit or disable access to any specific User Content. Company shall have no liability to you or any other user arising from such actions or inactions.
You are solely responsible for all User Content that you post on social media channels and on the Website and that we post on the Website. Under no circumstances will the Company Parties be liable in any way for any User Content and Company does not endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST COMPANY PARTIES RELATED TO USER CONTENT THAT YOU POST ON THE WEBSITE OR ON SOCIAL MEDIA CHANNELS THAT COMPANY PARTIES POST ON THE WEBSITE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE COMPANY PARTIES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
You grant Company and its affiliates, licensees, assignees, and designees an irrevocable, unrestricted, assignable, transferable, sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to use, disclose, copy, transmit, distribute, reformat, reproduce, modify, incorporate, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display, and otherwise use your User Content, along with your name or any part thereof, your city/town/village of residency, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes (including, without limitation, in marketing, advertising, and promotions) without compensation or attribution to you or anyone else. You hereby waive any right to inspect or approve any such use
by Company.
You waive, release, and hold harmless the Company Parties from and against any and all claims and liabilities arising from Company’s use of your User Content on the Website.
If you provide reviews, feedback, ideas or suggestions to Company in connection with a purchase of Products, Experiences, Services or the use of our Services, Experiences or Products (collectively, “Reviews and Feedback”), any such Review or Feedback is considered User Content, and you acknowledge that any such Review or Feedback is not confidential and you authorize Company to use the Review and Feedback without restriction and without payment to you. If you provide Reviews and Feedback, you agree to state your opinions lawfully, honestly and in good faith and to reveal in your Reviews and Feedback any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Reviews and Feedback are strictly the opinion of the user posting such reviews, and Company does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.
Do not post or submit a child’s full name, contact information, location, health, accommodation, allergy, emergency, pickup, or other sensitive information in public reviews, comments, social-media posts, or other publicly visible content. Company will not repost, use, or publish User Content that includes a child’s photograph, video, audio, name, likeness, voice, or other Personal Information unless the child’s parent or legal guardian has separately and affirmatively authorized that use through the applicable media release or other written consent. Nothing in this Section authorizes Company to use a child’s photograph, video, audio, name, likeness, or voice beyond the scope of that authorization.
12. Risks related to the Internet; Liability for Computer System
You acknowledge and agree that hardware, software, and internet connections can fail, and agree that Company is not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software, or any equipment used to access the internet. You acknowledge and agree that any activity on the Website and through the use of the Services or Experiences is subject to monitoring by Company at any time and that Company may use the information obtained from such monitoring in any way, without any limitation, subject to applicable laws.
You acknowledge and agree that despite Company’s best efforts to protect your data, third parties may illegally access the Website and compromise such data contained hereon and use such data for illegal purposes. You agree that any potential liability to Company arising from any data breach of any data maintained by Company and/or the Website and/or the Services is limited by the Limitation on Liability provisions set forth in the Terms. You specifically agree to disclaim Company from any liability whatsoever arising from any breach of data related to the Website or the Services or the Experiences or the Products.
Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to Company by email, unless adequate security measures are in place in order to ensure the security of the transmission. Company, its agents and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to Company. You assume all risks related to such communications.
Company and its agents and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
13. Third Party Websites and Content; Links
The Website and the Services may contain links to other websites that are not owned, operated, or maintained by Company, including links to social media platforms (“Third Party Websites”). These links to Third Party Websites are provided solely for your convenience and all correspondence and business dealings between you and such third parties on the Third Party Websites are solely between such you and such third parties. Company does not endorse, and is not responsible or liable for, the content on the Third Party Websites, your use of the Third Party Websites or any loss or damage you may incur as a result of such use or dealings. Company makes no warranties or representations about the content of, any products or services offered by, or the Intellectual Property compliance of or accuracy or completeness, such Third Party Websites. You access Third Party Websites at your own risk and by accessing Third Party Websites you leave the Website and the Services. As a result, you acknowledge and agree that Company has no liability or responsibility, directly or indirectly, for any damages or loss you may incur in connection with your use of such Third Party Websites or in connection with any of the information you receive from or submit to such Third Party Websites or in connection with any content, products or services available from such Third Party Websites. References on the Website to any Third Party Websites are not an endorsement or recommendation of any third party or any products or services. Use of the Third Party Websites may also be subject to you agreeing to separate binding agreements, including terms of service and privacy statements, which can be found on the Third Party Website if applicable. You should read the terms of service, privacy policies, and any other user agreements of the Third Party Website before using the Third Party Website.
You acknowledge and agree that your interactions with third parties providing Third Party Websites are solely between you and such third parties. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or the Services are solely between you and such third party. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website or on the Services
14. Termination or Suspension
You acknowledge and agree that Company, in its sole discretion, may terminate or suspend your use of the Website and/or the Services or the ability to purchase Products or Experiences at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Accessing the Website or the Services after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Company will not have any liability whatsoever to you or any third party for any termination or suspension of your access to the Website or the Services or if the Website, the Products, the Experiences or the Services are discontinued.
15. Governing Law
By accessing the Website, the Services and/or the purchasing Products or Experiences, you agree that the laws of the State of Illinois, USA without regard to conflict of laws principles will apply to all matters related to the use of the Website, the Services and the purchase and use of the Services, Products and Experiences.
16. Customer Service
Please contact our customer service team, who are ready to help you and answer your questions by email at CustomerService@fiforkids.com or call (773)773-5023 In the event that our customer service team is not able to resolve your concern, by using the Website, the Services and the Products and the Experiences Services you agree that all claims relating to the use of the Website, including without limitation, all claims or disputes arising out of or relating to any Services, Experiences or Products purchased from Company through the Website will be entirely resolved through binding individual arbitration, rather than in court.
17. Dispute Resolution; Arbitration Agreement
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring disputes or claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this arbitration agreement constitutes a waiver of your right to litigate disputes and claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this arbitration agreement and can award the same damages and relief as a court (including attorney’s fees).
a) Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by contacting us at F.I. FOR KIDS Co, 57 Sunset Avenue, Glen Ellyn, IL 60137 or (773)773-5023 We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days from our receipt of notice of such dispute, you and/or Company agree to resolve any claims related to the Terms, the Website, the Services, the Experiences and the Products, if applicable, through final and binding arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
b) Opt-Out Rights. You can opt-out and decline this agreement to arbitrate by contacting Company within thirty (30) days from the date that you first became subject to this arbitration provision (i.e., the date you initially accepted the Terms). You must write us at [F.I. FOR KIDS Co]., 57 Sunset Avenue, Glen Ellyn, IL 60137 Attn: Opt-Out Arbitration. If you opt out, neither you nor Company can require the other to participate in an arbitration proceeding.
c) Arbitration Procedures. Except in the event the dispute meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all disputes shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (the “AAA”). The arbitration will be conducted before a single arbitrator. The arbitration shall be held in DuPage County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
d) Exceptions to Agreement to Arbitrate. Either you and/or Company may assert claims, if they qualify, in small claims court in DuPage County, Illinois. Company may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Website, breach of Company’s confidential information and/or Intellectual Property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
e) Class Action Waiver. You and Company agree that any dispute arising out of or related to the Terms, the Website, the Services or the Experiences or the Products is personal to you and Company and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals (“Class Action Waiver”). You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Company and is non-severable from this arbitration agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then this arbitration agreement shall be null and void.
f) Authority of Arbitrator. As limited by the Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by the Terms.
g) Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, or if you opt-out in accordance with subsection (b) above, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of DuPage County, Illinois. Both you and Company consent to the foregoing venue and jurisdiction.
18. Compliance with Law
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside. You may not use, export, or re-export the Services or any copy or adaptation in violation of any applicable laws or regulations including without limitation, United States, Canadian or European export laws and regulations.
19. No Amendments or Supplements to The Terms
No employee of Company is authorized to make any statement that adds to or amends any of the warranties or limitations contained in the Terms. You acknowledge and agree that oral statements made about the Website or about information contained in the Website do not constitute warranties, will not be relied on by you, and will not be binding or enforceable. No supplement or amendment of the Terms will be binding unless set forth in writing by an authorized officer of Company or posted on the Website.
20. Nondiscrimination; Accessibility Notice
Company complies with all federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. While Company may not be a “place of public accommodation” under the Americans with Disabilities Act of 1990, accessibility of the Website to people with disabilities is extremely important to Company. Company believes that the Website is accessible to people with disabilities, and is compatible with standard screen readers used by people who are blind and visually-impaired. Please review our Accessibility Statement for further information. If you believe that the Website is inaccessible to you for any reason, please call (773)773-5023 and a Company representative will assist you.
If you believe that you are suffering discrimination based on your disability in using the Website, before initiating any legal action against Company arising from such discrimination, you agree to first provide written notice of the perceived discrimination to Company at the contact address set forth in Section 22 below, to allow 60 days for Company to acknowledge receipt of the complaint, and to allow an additional 120 days for Company to cure the issue.
21. Additional Terms and Information
Part One of the Terms of Use and the Terms of Service in Part Two of the Terms of Use and the Parent/Guardian Registration, Consent, and Waiver and the Optional Parent/Guardian Media Release referenced in Part Two of the Terms of Use, which are incorporated into the Terms by this reference, constitute the entire agreement between you and Company regarding your use of the Website, the Services and the use and purchase of Experiences and Products from Company and supersedes any prior agreements between you and Company regarding your use of the Website, the Services and the use and purchase of Experiences and Products. In the event of a conflict between Part One of the Terms of Use, the Terms of Service in Part Two, the Parent/Guardian Registration, Consent, and Waiver and the Optional Parent/Guardian Media Release referenced in Part Two of the Terms of Use, the Parent/Guardian Registration, Consent, and Waiver and the Optional Parent/Guardian Media Release, respectively, will control to the extent of the conflict. If any provision in the Terms, including without limitation, the Parent/Guardian Registration, Consent, and Waiver and the Optional Parent/Guardian Media Release, is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision of the Terms in any jurisdiction. The Terms apply while you are accessing the Website, the Services, the Experiences and purchasing and using the Products and remain in effect thereafter. In the event that the Website or the Services are no longer accessible to you or is terminated, the provisions set out above in Ownership and Intellectual Property, User Content and Feedback, Limitation of Liability, Disclaimer of Warranties, Indemnity and Unauthorized Access, Governing Law and Dispute Resolution; Arbitration Agreement and the provisions contained in Part Two below, the Parent/Guardian Registration, Consent, and Waiver and the Optional Parent/Guardian Media Release and the Privacy Policy will survive any termination of the Terms and will continue to remain in effect and apply to you.
Some services, products and promotions provided by Company are subject to additional terms and conditions. Company requires that you review all terms and conditions that apply to you.
22. Contact Us
To contact us regarding these Terms or the operation of the Website itself, or for any reason required by these Terms, please write to us at the following: F.I. FOR KIDS Co, 57 Sunset Avenue, Glen Ellyn, IL 60137, email us at info@fiforkids.com or call us at (773)773-5023.
PART TWO: ADDITIONAL TERMS APPLICABLE TO WEBSITE USERS MAKING PURCHASES OF PRODUCTS AND EXPERIENCES (“TERMS OF SALE”)
Thank you for your F.I. For Kids Co. (“Company”) purchase! We are excited to have you as a Company customer. The Terms of Sale apply to you and us when you purchase a Product or Experience from Company. Please read the Terms of Sale carefully and if you place an order for Products or Experiences through the Website, you are agreeing to and are bound by both the Terms of Sale and our Terms of Use set forth in Part One above (collectively, the “Terms”). All terms not defined in this Part Two are defined in Part One https://fiforkids.com/pages/terms-conditions.
We do not ship to addresses located outside of the United States and we do not sell any of our Products to persons under the age of 18 and we do not allow any persons under the age of 18 to make purchases of Experiences. If you purchase or register a child for an Experience, you must be the child’s parent or legal guardian and must complete the Parent Guardian Registration, Consent, and Waiver and any other required parent/guardian authorization before the child participates.
1. Product Orders
By presenting the Products and Experiences on the Website, Company is presenting an opportunity for you to submit offers that are binding on you. The order confirmation automatically sent by Company by email does not give rise to a binding contract of sale. A contract of sale only arises when Company ships the Products. The Terms in effect at the time you place an order for our Products will apply. By transmitting an order, you confirm you have read the Terms and agree to and accept them without reservation. We reserve the right to make changes to the Terms from time to time, and any such changes will apply to future orders. If any provision set forth in the Terms is not enforceable, it will not affect any other provision.
If you wish to purchase Products or Experiences on the Website, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other payment information to Company third party payment processor and shipping information to Company or its third party shipping provider. You understand that any such information will be treated by Company in the manner described in its Privacy Policy, and by such third party providers in the manner described in such third party providers’ privacy policies. You represent that all information that you provide to Company and to such third party providers will be accurate, current, and complete, and you acknowledge that Company may share information about your transaction and about you with other companies for the purpose of transaction processing, shipping and fraud prevention in accordance with our Privacy Policy.
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Products or Experiences without notice, even if you have already placed your order. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.
To the fullest extent permitted by law, Company may, in its sole discretion, choose to cancel your order in certain circumstances, even if you received an automated confirmation (for example, when information on the Website is found to be inaccurate or when we suspect the request is fraudulent). If Products you ordered are out of stock or if Experiences are full, we will notify via email and either cancel your order or provide you with a refund.
All Products and Experiences are at all times subject to the disclaimers contained in the Terms and in the the Parent/Guardian Registration, Consent, and Waiver and the Optional Parent/Guardian Media Release.
Any Products or Experiences mentioned on the Website or provided by Company are made available in accordance with local law and only where they may be lawfully offered for sale. Company does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the Products or Experiences described on the Website will be available for purchase in all jurisdictions.
2. Errors Regarding Product Pricing and Descriptions
There may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, Company will not be liable for these inaccuracies, omissions, or errors. Company will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. If a price is listed incorrectly, you agree that Company will not be bound by that incorrect price unless you have already been charged for that purchase. If you have not been charged and we notice a mistake, we will let you know the correct price and you can decide if you wish to proceed with the order at the correct price. We do not warrant that the quality of any Products, Experiences, information, or other material purchased or obtained by you will meet your expectations. Any corrections or resolution of errors made by Company will be at the sole discretion of Company.
We have made every effort to display as accurately as possible the images of our Products and Experiences. We cannot guarantee that your computer monitor's or phone or tablet’s display of any images will be accurate.
3. Prices for Products
All prices for Products and Experiences are in U.S. Dollars. Taxes, shipping and handling charges are additional. Final prices will be displayed at checkout. Company reserves the right to change prices at any time without notice; you will be charged for the Products and Experiences on the basis of the correct prices offered at the time of order.
You agree to pay, all charges and losses incurred in connection with your purchase, including all applicable taxes, shipping, handling, and insurance. You will be notified separately of shipping costs prior to dispatch of your order. These may vary depending on delivery location and item weight.
4. Payments
Company uses a third-party payment processing company and a third-party processing gateway to process your orders (“Payment Processors”). We do not collect or store your credit card information. Company is not responsible for error by the Payment Processors. By choosing to purchase a Product from the Website, you authorize us, through the Payment Processors, to charge your chosen payment provider (“Payment Method”) the total amount of your order, including the price of the Product and/or Experience and any applicable taxes and shipping and handling charges. You represent and warrant that you have the right to use the Payment Method that you use in connection with a purchase on the Website.
You must provide current, complete and accurate information for your Payment Method. If the Payment Method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled, and your order canceled.
Company’s Payment Processor currently is Shopify . If you use Shopify, you agree to their terms of service and privacy policies located at shopify.com/legal/privacy.
5. Delivery; Shipping
Company does not ship Products to addresses located outside of the United States.
Any shipping times shown on the Website are estimates only – actual delivery dates may vary. Company uses third party transportation carriers, but we will work with you to resolve issues related to delivery delay, including reimbursement where appropriate, on a case-by-case basis. Risk of loss and title to the Products will pass to you upon delivery of the Products to the applicable transportation carrier by Company.
6. Refunds and Cancellations
If you are not satisfied with any Products received, please contact Company customer service at customerservice@fiforkids.com or (773)773-5023. All sales of Products are final, except where prohibited by law. Cancellations of Experiences made at least seven (7) days before the class are eligible for a refund to the original payment method, less a five percent (5%) processing fee. No refunds will be issued for cancellations of Experiences made fewer than seven (7) days before the start of class. For more information on cancellations for Experiences, please review the Parent/Guardian Registration, Consent, and Waiver form required for registration.
7. Order Changes and Cancellations
You cannot cancel or change your order once it is placed.
8. Customer Service
If you have any problems with your order, please contact our customer service team, who are ready to help you and answer your questions by email at customerservice@fiforkids.com or by phone at (773)773-5023. In the event that our customer service team is not able to resolve your concern, by using the Website, you agree that all claims arising out of or relating to any Products or Experiences purchased from Company will be entirely resolved through binding individual arbitration, rather than in court in accordance with the terms described in Section 17 of Part One.
9. Exclusivity of Remedy; Disclaimer of Warranties and Limitation of Liability
Your sole and exclusive remedy, and Company’s sole and exclusive liability, for any claims arising under the Terms in connection with your purchase of a Product or Experience, shall be your right to contact customer services to discuss the issue.
Please see Section 5 (Disclaimer of Warranties and Other Disclaimers) and Section 6 (Limitation of Liability) of Part One and the following link https://fiforkids.com/pages/disclaimer-of-product-warranty for provisions regarding disclaimer of warranties and limitation of liability applicable to the purchase and use of the Products and Experiences.
10. Notice for California Users
California Civil Code Section 1789.3 provides that California residents may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1624 North Market Blvd., Suite N112, Sacramento, CA 95834 or by phone at (800) 952-5210.