Welcome to the Consult 4 Kids website service (the "Service"), operated by Consult 4 Kids (C4K). This document (the "User Agreement") is a legal contract that describes the conditions under which the user ("User", "you") are permitted to have access to the Service provided by C4K. Consult 4 Kids provides it's Service to you on its website: consultfourkids.com , and your use of this Service is subject to the terms of this User Agreement. 

Changes to the Agreement

C4K may change or update this User Agreement from time to time. We encourage you to periodically review the User Agreement, which you can review at any time at: www.consultfourkids.com   Your continued use of any of the materials and/or vocational training, online or webinar instruction learning opportunities constitutes your acceptance of the mC4K updated version of the User Agreement and all such terms, conditions, policies, and notices.  If you do not agree with the changes, you should discontinue your Use of the Service and contact us at [email protected] .

Scope of Usage

You are authorized to use the C4K Service only for personal and noncommercial purposes, and may not use this Service to generate revenue. The Service contains materials that are protected by copyright, trademark or other intellectual property. You may not download, modify, publish, transmit, use this material to create works, or in any way take advantage of, any component of the Service. 

Modifications to Service

C4K reserves the right to modify, remove, or discontinue, permanently or temporarily, with or without notice any part of the Service. You agree that C4K shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Any changes shall become part of the User Agreement and shall apply as soon as such changes are made. By continuing to use the Service after the changes are made, you are indicating your acceptance of those changes. 

Sponsors, Third Parties, and Advertisers

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the C4K website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that C4K shall 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 sponsors, third parties, or advertisers on the C4K website. 

Linked Websites

As a courtesy and convenience to Users, C4K provides links to other websites or Internet resources. C4K does not endorse, sponsor, control or accept responsibility for this material as we have no control over such websites and resources. When using these links, you acknowledge and agree that C4K is not responsible for the availability of such external websites or resources, and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. This is also true for links to websites provided by a third party.

You further acknowledge that this User Agreement does not apply to the websites accessed through the links and further agree that C4K shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on, or through any such website or resource. 

Disclaimer of Guarantees and Warranties; Limitation of Liability

As a user of the C4K service, you expressly understand and agree that:

1. Your use of the service is at your sole risk.
2. C4K provides this service on an "as is" and "as available" basis without guarantees or warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights, or freedom from computer virus. There are inherent risks in the use of any software or information found on the internet, and you acknowledge that you understand these risks before making use of this site;
3. C4K makes no guarantee or warranty that the service will be uninterrupted, error-free or secure or will meet your requirements or that the results that may be obtained from the use of the service will be reliable or accurate;
4. C4K makes no guarantee or warranty that the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations;
5. C4K makes no guarantee or warranty that its website, its content, and the servers on which the website and content are available are free of viruses or other harmful components; or that any errors in the software will be corrected;
6. Any and all material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
7. No advice or information, whether oral or written, obtained by you from C4K or through, or from, the service shall create any warranty not expressly stated in the Terms of Service.
8. Information created by third parties that you may access on the website or through links is not adopted or endorsed by C4K and remains the responsibility of such third parties.
9. As a user/subscriber you expressly understand and agree that C4K shall not be liable for any incidental, special, direct, indirect, exemplary or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if C4K has been advised of the possibility of such damages), resulting from:
   1. The ability or inability to use the service;
   2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received of transactions enter into through or from the service;
   3. The unauthorized access to or alteration of your transmissions or data;
   4. Statements or conduct of any third party on the service; or
   5. Any other matter relating to the service

Notice of Copyright

All materials on the C4K website, including without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by C4K or by other parties that have licensed their material to C4K. Except as specifically provided herein, no Online Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this website. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this website for means other than its intended purposes is prohibited. 

C4K trademarks and logos belong to C4K. All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. C4K will enforce its intellectual property rights to the fullest extent of the law. If you suspect that the content or trademarks of an C4K website product are being misused please contact [email protected] as soon as possible. 

Notice of Copyright Infringement

C4K respects the rights of all copyright holders, and C4K has adopted a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

1. identification of the copyright material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
2. information reasonably sufficient to permit us to contact you, the complaining party;
3. 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;
4. 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; and
5. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of infringement on the Site is:

Brett Zandes

7850 White Lane Suite E150

Bakersfield, CA  93311

 

[email protected]

 

C4K will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement. 

Governing Law; Integration; No Waiver; Severability; Termination

The laws of the United States of America and the State of California will govern this Agreement. You agree that any dispute arising from the terms of this agreement or breach of this agreement will be under this jurisdiction and you agree to personal jurisdiction by the state and federal courts sitting in Fresno, California. If you are outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of California, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, this User Agreement and agree to submit to binding arbitration.

This Agreement, along with the Privacy Policy disclosed on the C4K website (see Privacy Policy tab) constitutes the entire agreement between you and C4K. They govern your use of the Service (excluding service, if any, that C4K may provide to you under a separate written agreement).

Even if C4K acts in a way that you believe to be inconsistent with the User Agreement, those actions will not constitute a waiver of such right or provision. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of our rights.

If any provision of the User Agreement is ruled unlawful, void, or unenforceable, that provision will be removed from this User Agreement, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

C4K reserves the right to terminate the Service and User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions.

Indemnification

You agree to indemnify, defend, and hold harmless C4K from and against any and all claims, damages, losses, liabilities, costs of debt, and expenses, including but not limited to reasonable attorneys' fees, arising from or related to any breach by you of any terms of this user agreement. You further agree to provide all requested assistance to the indemnified parties in defending or prosecuting any legal action covered by this indemnification; this defense and indemnification obligation will survive any termination of the user agreement or your access to the service. 

Submissions: Letters, Reviews, or Other Such Comments or Materials

All information submitted to C4K via this site, shall be deemed and remain the property of C4K shall be free to use the submission unless you explicitly state in the correspondence that the received material is "not for publication" and contains "private and proprietary" information that may not be distributed. C4K shall have no obligation of any kind with respect to such Received Materials and C4K will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. C4K is free to use for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.. C4K shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the C4K entity having the direct customer relationship or as otherwise specifically agreed or required by law. Finally, C4K is however, under no obligation to publish any submissions on its website, whatsoever.

Privacy

Read C4K's Privacy Statement located at the Privacy Tab 

 

Restrictions on Use

Software applications ("Applications") are copyrighted materials under the laws of the United States of America and international treaty provisions. These Applications, regardless of the form or media in which the original or copies may exist are the sole and exclusive property of C4K. These Applications, including the source and object codes, logic and structure, constitute valuable trade secrets of C4K. C4K may, in its sole discretion, change, terminate, suspend, or discontinue any aspect of the Application, including, but not limited to, content, features, or hours of availability.

Trademarks: The trademarks, service marks, logos, trade dress, URLs and domain names ("Marks") appearing on this Site are the property of C4K, its affiliates or other third parties who have given C4K license to use the Marks. You may not use, copy, download or display any of the Marks. Any unauthorized use of any Mark is strictly prohibited. All rights in the Marks are reserved by C4K and their affiliated companies. Other products and company names mentioned in the Site may be the trademarks of their respective owners.

You may not use C4K or its content for any illegal purpose or in any manner inconsistent with this User Agreement. You agree to use C4K solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.