These Terms of Use (the "Terms") govern your access to and use of www.FIforKids.com and any other website, online store, page, feature, content, or service that links to these Terms (collectively, the "Website"). The Website is operated by F.I. for Kids Co., doing business as F.I. for Kids ("F.I. for Kids," the "Company," "we," "us," or "our"). These Terms also apply to purchases made through the Website and to online registration for classes, workshops, events, and other learning experiences, except where separate terms apply.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, CREATING AN ACCOUNT, MAKING A PURCHASE, REGISTERING FOR AN EXPERIENCE, OR CLICKING TO ACCEPT THESE TERMS, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE.

Certain purchases, promotions, classes, experiences, or Website features may be governed by additional terms, including product instructions, registration terms, waivers, releases, cancellation policies, promotion rules, or facilitator agreements ("Additional Terms"). If Additional Terms conflict with these Terms, the Additional Terms control for the applicable purchase, feature, or experience.

 

TABLE OF CONTENTS

1. Eligibility and Adult Responsibility

2. Privacy and Children's Information

3. Accounts and Account Security

4. Access to and Use of the Website

5. Educational and Nutrition Information

6. Classes, Workshops, and Experiences

7. Products, Descriptions, and Availability

8. Product Use and Safety

9. Orders and Acceptance

10. Prices, Taxes, and Payment

11. Shipping and Delivery

12. Returns, Refunds, and Cancellations

13. Promotions, Gift Cards, and Discounts

14. Intellectual Property Rights

15. Restrictions on Automated Access and Artificial Intelligence Use

16. User Content, Reviews, and Submissions

17. Feedback and Unsolicited Ideas

18. Acceptable Use and Prohibited Conduct

19. Third-Party Services and Links

20. Electronic Communications

21. Accessibility and Nondiscrimination

22. Contact Information and Legal Notices

23. Copyright Complaints

24. Disclaimers of Warranties

25. Limitation of Liability

26. Indemnification

27. Dispute Resolution, Governing Law, and Venue

28. Suspension and Termination

29. Changes to the Website and These Terms

30. General Provisions

 

1. ELIGIBILITY AND ADULT RESPONSIBILITY

The Website is intended for use by adults, including parents, legal guardians, caregivers, educators, healthcare professionals, facilitators, and other individuals who are legally able to enter into a binding agreement. You must be at least 18 years old, or the age of legal majority where you live, to create an account, make a purchase, register a child for an experience, or submit personal information through the Website.

F.I. for Kids creates products, content, and experiences for children, but the commercial and account-management portions of the Website are directed to adults. A parent, legal guardian, educator, or other authorized adult 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, or you otherwise have all 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 Additional 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.

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.

2. PRIVACY AND CHILDREN'S INFORMATION

Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy before using the Website or providing personal information.

Information about a child may be requested from an adult in connection with a class, workshop, event, product, or service. This may include the child's name, age, allergies, dietary restrictions, accessibility needs, emergency information, or other information reasonably necessary to provide the experience safely and effectively. By providing this information, you represent that you have authority to do so and consent to its use as described in the Privacy Policy and any applicable registration materials.

Children under 13 should not submit personal information directly through the Website. If you believe a child has provided personal information to us without appropriate authorization, contact us using Section 22 so we can review and address the matter.

3. ACCOUNTS AND ACCOUNT SECURITY

Certain Website features may allow or require you to create an account. If you create an account, you agree to:

• provide truthful, current, and complete information;
• promptly update information that changes;
• keep your username, password, and other credentials confidential;
• restrict access to your account and devices;
• accept responsibility for activity occurring through your account; and
• notify us promptly if you suspect unauthorized access, use, or another security issue.

You may not sell, transfer, assign, or share your account with an unauthorized person. We may reject a registration, require information to be corrected, suspend an account, or terminate an account if we reasonably believe the account information is inaccurate, the account is being misused, or these Terms have been violated.

We are entitled to act on instructions submitted through your account. To the extent permitted by law, we are not responsible for loss resulting from unauthorized account activity caused by your failure to safeguard your credentials or devices.

4. ACCESS TO AND USE OF THE WEBSITE

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Website and its content for lawful, personal, non-commercial purposes.

Educators, healthcare professionals, and authorized facilitators may use materials only to the extent expressly permitted on the Website, in the applicable product, in a separate written license, or in Additional Terms. Purchasing a product or registering for an experience does not grant a right to reproduce, teach, sell, publicly perform, distribute, or commercially exploit F.I. for Kids curriculum, characters, artwork, activities, or other content.

We may restrict the Website's availability, refuse service, or limit access to a person, geographic area, device, or feature when reasonably necessary for legal, safety, security, operational, or business reasons.

The Website is controlled and operated from the United States. We do not represent that the Website or all products and services are appropriate or available in every jurisdiction. If you access the Website from outside the United States, you are responsible for compliance with applicable local laws.

5. EDUCATIONAL AND NUTRITION INFORMATION

F.I. for Kids provides general educational information intended to help children and families build food knowledge, curiosity, and age-appropriate independence. Website content, products, characters, activities, classes, and other materials are for educational and informational purposes only.

THE WEBSITE AND F.I. FOR KIDS PRODUCTS AND EXPERIENCES DO NOT PROVIDE MEDICAL, NUTRITIONAL, DIETETIC, MENTAL-HEALTH, DIAGNOSTIC, OR TREATMENT ADVICE AND ARE NOT A SUBSTITUTE FOR ADVICE FROM A PHYSICIAN, REGISTERED DIETITIAN, ALLERGIST, OR OTHER QUALIFIED PROFESSIONAL WHO UNDERSTANDS THE INDIVIDUAL CHILD'S NEEDS.

Food, nutrition, allergy, developmental, and safety needs vary. You are responsible for determining whether any information, food, ingredient, activity, product, or experience is appropriate for you or a child in your care. Always consult an appropriate professional regarding allergies, food restrictions, medical conditions, swallowing concerns, developmental differences, eating disorders, or other individualized needs.

We do not promise or guarantee any particular educational, behavioral, developmental, nutritional, or health outcome from using the Website, a product, or an experience. Information may change as research, professional guidance, products, or laws evolve.

6. CLASSES, WORKSHOPS, AND EXPERIENCES

The Website may allow adults to register children or themselves for classes, workshops, events, demonstrations, camps, programs, or other learning experiences (collectively, "Experiences"). Experience details, including location, date, time, age range, capacity, price, materials, supervision requirements, and cancellation terms, will be displayed at registration or communicated separately.

Experience registration may require Additional Terms, including a participation agreement, liability waiver, emergency authorization, allergy or dietary information, conduct rules, photo or media release, or host-location requirements.

These documents are separate from these Terms. If there is a conflict regarding an Experience, the Experience-specific Additional Terms control.

The registering adult represents that all participant information is accurate and that the participant meets the stated eligibility requirements. The adult must promptly disclose relevant allergies, dietary restrictions, medical conditions, accessibility needs, or safety concerns through the registration process and update us if the information changes. F.I. for Kids cannot guarantee an allergen-free environment or the absence of cross-contact unless expressly stated in writing for a specific Experience.

Participants must follow reasonable safety instructions and conduct standards. We may refuse or end participation if conduct presents a safety risk, materially disrupts the Experience, or violates applicable rules. A parent or legal guardian remains responsible for the participant before check-in and after check-out and at all times during Experiences designated as caregiver-attended.

We may reschedule, relocate, modify, substitute an instructor or activity, or cancel an Experience due to enrollment, instructor availability, illness, weather, venue conditions, safety concerns, force majeure, or other circumstances. Any credit, transfer, or refund will be governed by the cancellation policy presented at registration and applicable law.

7. PRODUCTS, DESCRIPTIONS, AND AVAILABILITY

Products offered through the Website may include toys, books, games, educational materials, tableware, kitchen tools, apparel, accessories, kits, and other items (collectively, "Products"). Product descriptions, images, dimensions, ages, features, contents, packaging, and colors are provided for convenience and may contain reasonable variations or occasional errors.

We make reasonable efforts to present Products accurately, but screen settings, production methods, natural materials, handmade elements, and manufacturing updates can affect appearance. We do not guarantee that colors, textures, proportions, or packaging will appear exactly as shown on a device.

Products, quantities, prices, bundles, and availability may change without notice. We may limit quantities, discontinue Products, correct errors, or restrict sales by person, household, order, geographic region, or channel. Inclusion of a Product on the Website does not guarantee that it is in stock or available at a particular time.

8. PRODUCT USE AND SAFETY

Products must be used only for their intended purpose and in accordance with all packaging, instructions, warnings, age grading, assembly directions, cleaning guidance, and supervision requirements. An adult is responsible for selecting age- and developmentally appropriate Products, inspecting them before each use, and providing appropriate supervision.

Some Products may contain small parts, cords, magnets, rigid components, removable pieces, batteries, internal supports, kitchen tools, or other features that require age restrictions or adult supervision. Not every Product is appropriate for every child. Do not use a Product if its packaging, instructions, or condition indicates that it is unsuitable for the intended user.

Inspect Products regularly for wear, damage, loose components, sharp edges, breakage, or other hazards. Stop use immediately if a Product is damaged or no longer functions as intended. Do not modify a Product or use it in a manner inconsistent with its instructions.

F.I. for Kids characters, toy foods, learning props, cards, dough or modeling materials, and other play components are not food and must not be eaten unless a Product is expressly labeled as edible. Kitchen products and food-preparation activities require close adult supervision and appropriate hygiene, allergy precautions, and safe food-handling practices.

Nothing in these Terms limits any non-waivable product warranty or consumer right provided by applicable law.

9. ORDERS AND ACCEPTANCE

Submitting an order is an offer to purchase the identified Products or services under these Terms and the terms displayed at checkout. An order confirmation acknowledges receipt but does not necessarily constitute acceptance. We accept an order when we send a shipping confirmation, provide the purchased digital access, or otherwise expressly confirm acceptance.

We may verify information before accepting an order. We may reject or cancel all or part of an order because of unavailability, suspected fraud, payment issues, pricing or description errors, shipping restrictions, quantity limits, legal requirements, or other reasonable business concerns. If we cancel an order after payment has been captured, we will refund the amount paid for the cancelled portion to the original payment method, subject to processing times outside our control.

You agree that order, billing, shipping, registration, and contact information will be accurate and complete. Products are sold for personal or authorized institutional use and not for unauthorized resale.

10. PRICES, TAXES, AND PAYMENT

Unless otherwise stated, prices are shown in U.S. dollars and exclude shipping, handling, and applicable taxes. Charges will be displayed at or before checkout. Prices and promotions may change prospectively without notice. We do not provide retroactive price adjustments unless required by law or expressly stated in a posted policy.

You authorize us and our third-party payment processors to charge the payment method you provide for the total amount shown at checkout. You represent that you are authorized to use that payment method. Payment processing is also subject to the processor's terms and privacy practices.

If a price or other material term is incorrect, we may contact you for instructions or cancel the affected order and issue any required refund. We are not obligated to fulfill an order based on an obvious typographical, technical, or pricing error.

11. SHIPPING AND DELIVERY

Shipping options, costs, and estimated delivery times will be displayed at checkout or in our Shipping Policy. Delivery dates are estimates and are not guaranteed. Delays may occur because of carriers, customs, weather, inventory, address errors, peak demand, force majeure, or other circumstances.

You are responsible for providing a complete and accurate delivery address and for complying with any carrier requirements. We are not responsible for delays or losses caused by an incorrect address supplied by you, an unavailable recipient, or a carrier event outside our reasonable control, except as required by law.

Title and risk of loss pass as provided by applicable law and the shipping terms presented at checkout. If a package is damaged, missing, or materially delayed, contact us promptly so we can review the issue and, where appropriate, work with the carrier.

12. RETURNS, REFUNDS, AND CANCELLATIONS

Product returns and refunds are governed by the Return Policy posted on the Website at the time of purchase. Experience transfers, credits, cancellations, and refunds are governed by the policy displayed during registration. Those policies are incorporated into these Terms.

Unless otherwise required by law or stated in an applicable policy:

• original shipping and handling charges are non-refundable;
• returned Products must satisfy the stated return window, condition, packaging, and authorization requirements;
• personalized, used, opened, hygiene-sensitive, downloadable, final-sale, or clearance items may be non-returnable;
• Experience registrations may be non-refundable after a stated deadline or once materials, venue commitments, or staffing costs have been incurred; and
• refunds will be issued to the original payment method, subject to payment-processor timing.

Contact us promptly regarding an incorrect, incomplete, damaged, or defective Product. Your rights for defective or nonconforming goods are not limited where applicable law provides a non-waivable remedy.

13. PROMOTIONS, GIFT CARDS, AND DISCOUNTS

Coupons, promotional codes, special offers, contests, sweepstakes, giveaways, bundles, referral offers, and discounts may be subject to Additional Terms. Unless otherwise stated, promotions cannot be combined, have no cash value, apply only during the stated period, and may be limited by product, geography, customer, household, or transaction. We may reject or cancel a promotion obtained or used through fraud, error, unauthorized distribution, or violation of its rules.

Gift cards or gift codes, if offered, are subject to the terms disclosed at purchase and applicable law. They may not be resold, transferred for value, or redeemed for cash except where required by law. We are not responsible for a lost, stolen, or misused gift card or code after delivery to the purchaser or designated recipient, except as required by law.

14. INTELLECTUAL PROPERTY RIGHTS

The Website and all content made available through it, including text, graphics, photographs, illustrations, characters, names, stories, curriculum, lesson structures, activities, worksheets, printables, videos, animation, audio, music, designs, logos, icons, product concepts, trade dress, software, code, and the selection and arrangement of these materials (collectively, "Company Content"), are owned by or licensed to F.I. for Kids and are protected by copyright, trademark, patent, trade-secret, and other laws.

F.I. FOR KIDS, F.I. FOR KIDS logos, THE F.I. GUY, character names and designs, product names, slogans, and related marks are trademarks or other proprietary identifiers of F.I. for Kids or its licensors. Nothing in these Terms grants a right to use any Company name, mark, character, logo, artwork, or trade dress without prior written permission.

Except for the limited license in Section 4, no right, title, or interest in the Website or Company Content is transferred to you. Without our prior written permission, you may not copy, reproduce, modify, translate, adapt, create derivative works from, publish, upload, display, perform, transmit, distribute, license, sell, teach commercially from, or otherwise exploit Company Content.

Any facilitator, educator, school, healthcare provider, retailer, distributor, licensee, or commercial partner may use Company Content only under a separate written agreement or an express license included with the applicable material. All rights not expressly granted are reserved.

15. RESTRICTIONS ON AUTOMATED ACCESS AND ARTIFICIAL INTELLIGENCE USE

Unless F.I. for Kids gives prior written authorization, you may not use bots, spiders, crawlers, scrapers, scripts, browser automation, data-mining tools, or other automated means to access, copy, monitor, extract, index, download, or reproduce the Website or Company Content, except for ordinary indexing by a public search engine that follows our robots instructions.

We do not consent to the Website or Company Content being used to develop, train, fine-tune, test, benchmark, validate, operate, or enhance an artificial intelligence, machine-learning, computer-vision, generative, synthetic-media, or similar model or system. Prohibited uses include creating datasets, embeddings, model weights, prompts, outputs, character imitations, style imitations, digital replicas, voice replicas, or derivative content from Company Content.

This Section does not prohibit normal personal use of consumer accessibility tools or other assistive technologies.

16. USER CONTENT, REVIEWS, AND SUBMISSIONS

The Website may allow users to submit reviews, comments, photographs, videos, testimonials, questions, messages, profile information, or other content ("User Content"). You retain any ownership rights you have in User Content, but you are solely responsible for it.

By submitting User Content, you represent and warrant that:

• you own it or have all rights and permissions needed to submit it and grant the license below;
• it is accurate and not misleading where it describes an experience or Product;
• it does not violate another person's intellectual-property, privacy, publicity, confidentiality, or other rights;
• it complies with these Terms and applicable law; and
• if it identifies or depicts a child, you are the child's parent or legal guardian or have documented authorization from the child's parent or legal guardian.

You grant F.I. for Kids a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, format, adapt, publish, display, distribute, and otherwise use User Content as reasonably necessary to operate, improve, protect, and promote the Website, Products, Experiences, and F.I. for Kids business. Where required by law, we will obtain separate permission before using a child's name, image, voice, or likeness in advertising. A separate photo or media release for an Experience controls over this Section for content created at that Experience.

Do not submit confidential information, trade secrets, or content you do not want used as described here. We may, but are not obligated to, review, refuse, remove, edit, or disable User Content. We are not responsible for User Content submitted by other users.

17. FEEDBACK AND UNSOLICITED IDEAS

If you send us suggestions, ideas, concepts, improvements, proposals, or other feedback about the Website, Products, Experiences, characters, curriculum, or business ("Feedback"), you agree that the Feedback is voluntary, non-confidential, and provided without expectation of payment, attribution, review, or other obligation.

You grant F.I. for Kids a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable right to use, reproduce, modify, develop, commercialize, and otherwise exploit the Feedback for any lawful purpose. This Section does not apply to personal information, which is handled under our Privacy Policy.

18. ACCEPTABLE USE AND PROHIBITED CONDUCT

You may not use the Website, Company Content, Products, or Experiences to:

• violate a law, regulation, court order, or another person's rights;
• infringe or misappropriate copyright, trademark, patent, trade-secret, privacy, publicity, or other rights;
• harass, threaten, abuse, exploit, bully, defame, or discriminate against another person;
• submit unlawful, obscene, sexually explicit, hateful, violent, fraudulent, deceptive, or harmful content;
• endanger, exploit, groom, or otherwise harm a child;
• impersonate a person or organization or misrepresent an affiliation, endorsement, or sponsorship;
• collect, publish, or misuse personal information about another person, especially a child;
• transmit malware, malicious code, corrupted files, or other harmful technology;
• interfere with the Website, a server, a network, security controls, access restrictions, or another user's experience;
• attempt to gain unauthorized access to an account, system, data, or feature;
• frame, mirror, republish, resell, or commercially exploit the Website or Company Content;
• use the Website for unauthorized advertising, spam, phishing, solicitation, or political campaigning;
• manipulate reviews, promotions, orders, pricing, inventory, or Website functionality; or
• assist, encourage, or enable anyone else to engage in prohibited conduct.

We may investigate suspected violations and cooperate with law enforcement or legal process when appropriate.

19. THIRD-PARTY SERVICES AND LINKS

The Website may use or link to services operated by third parties, including Shopify, payment processors, shipping carriers, booking platforms, waiver providers, analytics tools, social networks, video platforms, maps, and external websites ("Third-Party Services"). Third-Party Services are governed by their own terms and privacy practices.

We do not control and are not responsible for the availability, security, accuracy, accessibility, content, products, policies, or practices of Third-Party Services. A link or integration does not necessarily mean that we endorse or are affiliated with the third party. Your interactions and transactions with a Third-Party Service are between you and that provider, except to the extent we expressly state otherwise.

20. ELECTRONIC COMMUNICATIONS

When you use the Website, make a purchase, register for an Experience, or communicate with us electronically, you consent to receive transactional communications from us electronically, including order confirmations, receipts, registration details, policy notices, and account or safety messages. You agree that electronic communications satisfy any legal requirement that a communication be in writing.

Marketing email and text messages are subject to separate consent and opt-out rights. Consent to marketing is not a condition of purchase unless expressly permitted by law. Message and data rates may apply to text messages. You are responsible for keeping your contact information current.

21. ACCESSIBILITY AND NONDISCRIMINATION

F.I. for Kids complies with applicable federal civil-rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Providing people with disabilities meaningful access to the Website, information, Products, and Experiences is extremely important to us.

Our accessibility efforts and contact options are described in our Accessibility Statement. If you experience difficulty accessing any part of the Website, call (773) 627-8777 or email info@fiforkids.com. A representative will assist you and will make reasonable efforts to provide the requested information or service through an accessible alternative.

If you believe you have experienced discrimination based on a disability while using the Website, please promptly provide written notice describing the perceived discrimination to F.I. for Kids at the contact address in Section 22. Before initiating legal action against F.I. for Kids arising from the alleged Website-related disability discrimination, you agree to first provide that written notice, allow up to 60 days for F.I. for Kids to acknowledge receipt, and allow an additional 120 days to investigate and, where appropriate, cure the issue. This paragraph applies only to the extent permitted by applicable law and does not waive a right that cannot lawfully be waived.

22. CONTACT INFORMATION AND LEGAL NOTICES

Questions about the Website, these Terms, an order, an Experience, or accessibility may be directed to:

F.I. for Kids Co.

Attn: Legal / Customer Care

8 The Green Ste B, Dover, DE 19901

Email: info@fiforkids.com

Phone: (773) 627-8777

Notices concerning a legal claim, accessibility-related discrimination, copyright complaint, or other formal dispute must be sent by a method that provides written confirmation of delivery to the mailing address above, with a copy by email to info@fiforkids.com. Email alone is not sufficient for a formal legal notice unless we expressly confirm in writing that we accept it as such.

Do not send sensitive medical, financial, payment-card, or other confidential information by ordinary email.

23. COPYRIGHT COMPLAINTS

We respect the intellectual-property rights of others. If you believe content available through the Website infringes your copyright, send a written notice to the contact information in Section 22 containing:

• your physical or electronic signature;
• identification of the copyrighted work claimed to have been infringed or, for multiple works, a representative list;
• identification of the allegedly infringing material and information reasonably sufficient for us to locate it, including the relevant URL;
• your name, mailing address, telephone number, and email address;
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notice is accurate and, under penalty of perjury, that you own the copyright or are authorized to act for the owner.

If you believe content you submitted was removed or disabled because of mistake or misidentification, you may send a counter-notice containing the information required by applicable law. We may provide a copy of a notice or counter-notice to the affected party. Knowingly making a material misrepresentation in a copyright notice or counter-notice may result in liability.

If F.I. for Kids registers a designated DMCA agent with the U.S. Copyright Office, the agent information published on the Website and in the Copyright Office directory will control for notices under the Digital Millennium Copyright Act.

24. DISCLAIMERS OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, COMPANY CONTENT, USER CONTENT, PRODUCTS, EXPERIENCES, AND RELATED SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY OR NON-WAIVABLE RIGHT PROVIDED BY LAW.

F.I. FOR KIDS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, FACILITATORS, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION.

THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE, OR AVAILABLE AT ALL TIMES; THAT DEFECTS WILL BE CORRECTED; OR THAT INFORMATION OR RESULTS WILL BE COMPLETE, ACCURATE, CURRENT, OR SUITABLE FOR A PARTICULAR CHILD OR PURPOSE.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.

25. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE WEBSITE, COMPANY CONTENT, USER CONTENT, PRODUCTS, EXPERIENCES, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE ANY OF THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, COMPANY CONTENT, USER CONTENT, PRODUCTS, EXPERIENCES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO F.I. FOR KIDS FOR THE PRODUCT OR EXPERIENCE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

The foregoing limitations do not apply to liability that cannot be excluded or limited under applicable law, including where applicable liability for fraud, willful misconduct, gross negligence, or personal injury caused by a party's legally actionable conduct. They also do not limit a non-waivable product warranty or consumer-protection remedy.

Each limitation is intended to apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose.

26. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company Parties from claims, liabilities, judgments, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your material breach of these Terms or Additional Terms;
• your unlawful or unauthorized use of the Website, Company Content, a Product, or an Experience;
• your User Content or Feedback;
• your violation of a law or another person's rights; or
• acts or omissions of a child or other person whom you authorize to use your account, access the Website, or participate in an Experience, except to the extent caused by a Company Party's conduct for which liability cannot lawfully be excluded.

We may assume the exclusive defense and control of a matter subject to indemnification. If we do, you agree to cooperate reasonably, and you may not settle the matter without our prior written consent.

27. DISPUTE RESOLUTION, GOVERNING LAW, AND VENUE

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES MAY BE RESOLVED.

Informal resolution. Before filing a lawsuit arising out of or relating to the Website, a Product, an Experience, these Terms, or Additional Terms, the party raising the dispute must send the other party a written notice describing the dispute, the facts supporting it, the requested relief, and contact information for the person raising it. Notices to F.I. for Kids must be sent as provided in Section 22. The parties will attempt in good faith to resolve the dispute informally for at least 30 days after confirmed receipt. Accessibility-related claims are also subject to the process in Section 21 to the extent permitted by law.

Governing law. These Terms and any dispute arising out of or relating to them, the Website, a Product, or an Experience are governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except that the Federal Arbitration Act will govern if the parties later enter a separate written arbitration agreement.

Venue. Unless applicable law requires otherwise, any judicial proceeding must be brought exclusively in the state courts located in DuPage County, Illinois, or the United States District Court for the Northern District of Illinois. You and F.I. for Kids consent to personal jurisdiction and venue in those courts and waive objections based on inconvenient forum.

Jury-trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND F.I. FOR KIDS EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN A DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, A PRODUCT, OR AN EXPERIENCE.

Individual claims and class-action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND F.I. FOR KIDS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. This paragraph does not prevent either party from participating in a class-wide settlement where participation cannot lawfully be waived.

Small claims and equitable relief. Either party may bring an eligible individual claim in small claims court. Nothing in this Section prevents either party from seeking temporary or preliminary equitable relief to protect intellectual property, confidential information, data security, or safety pending final resolution.

If a provision of this Section is found unenforceable as to a particular claim or remedy, that provision will be severed only to the minimum extent necessary, and the remaining provisions will continue to apply.

28. SUSPENSION AND TERMINATION

These Terms remain effective while you use the Website. You may stop using the Website at any time. We may suspend or terminate your account, license, access, order, or participation when we reasonably believe you violated these Terms or Additional Terms, created a safety or security risk, engaged in fraud or unlawful conduct, failed to pay an amount due, or exposed F.I. for Kids or another person to liability.

Where appropriate, we may provide notice or an opportunity to correct the issue, but we are not required to do so where immediate action is reasonably necessary. Termination does not eliminate payment obligations or liability arising before termination.

Sections that by their nature should survive termination will survive, including provisions concerning ownership, licenses to User Content and Feedback, disclaimers, limitations of liability, indemnification, disputes, and general terms.

29. CHANGES TO THE WEBSITE AND THESE TERMS

We may update, modify, suspend, or discontinue all or part of the Website, a feature, Product offering, or service. We are not liable for a modification, suspension, or discontinuation except as required by law or expressly provided in Additional Terms.

We may revise these Terms from time to time. The "Effective Date" will identify the latest version. Material changes will apply prospectively, and we may provide additional notice through the Website, an account notice, or email where appropriate or required by law. Your continued use of the Website after revised Terms become effective means that you accept the revised Terms. If you do not agree to revised Terms, you must stop using the Website.

Changes to dispute provisions will not apply retroactively to a dispute for which the parties received written notice before the change became effective, unless the parties agree otherwise.

30. GENERAL PROVISIONS

Entire agreement. These Terms, the Privacy Policy, and applicable Additional Terms constitute the entire agreement between you and F.I. for Kids regarding the subject matter they cover and supersede prior or contemporaneous communications regarding that subject matter.

Order of control. If these Terms conflict with Additional Terms, the Additional Terms control for the relevant Product, Experience, promotion, licensed content, or feature. A separately signed written agreement controls over both to the extent of a conflict.

Severability. If a provision is unlawful, void, or unenforceable, it will be enforced to the greatest extent permitted and severed only to the minimum extent necessary. The remaining provisions remain in effect.

No waiver. A failure or delay in exercising a right is not a waiver. A waiver must be in writing and signed by an authorized representative of the party granting it.

Assignment. You may not assign or transfer these Terms or your rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, financing, reorganization, sale of assets, change of control, or by operation of law.

No third-party beneficiaries. Except for the Company Parties as expressly stated, these Terms do not create rights for third-party beneficiaries.

Force majeure. We are not responsible for delay or failure caused by events beyond our reasonable control, including severe weather, natural disaster, epidemic, pandemic, labor disruption, transportation interruption, utility or network failure, government action, war, terrorism, civil unrest, venue closure, or supplier interruption.

Interpretation. Headings are for convenience only. "Including" means "including without limitation." A reference to "writing" includes electronic communications where legally permitted. These Terms will not be construed against a party merely because that party drafted them.

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