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Website Terms of Use

Website Terms of Use
Welcome to Keepwellkidsclub! This Web site (www.Keepwellkidsclub.com, this “Site”) is
provided by Creative Kids Concepts, LLC and its affiliates (collectively
“,Keepwellkidsclub.com” “we” or “us”). Your use of this Site is governed by and subject to
these terms and conditions of use (this “Agreement”). Please read this Agreement carefully and
thoroughly. By accessing and using this Site, you agree that you have read and understand
this Agreement, and that you accept and agree to be bound by the terms and conditions set
forth in this Agreement. If you do not agree to the terms and conditions of this Agreement,
please do not continue to access and use this Site.

Changes to Terms
This Agreement may be updated by from the Keepwellkidsclub.com time to time, and may be
amended to incorporate additional terms specific to certain additional Keepwellkidsclub.com
products or services, which you choose to purchase or license. All such updates and changes are
effective immediately upon notice thereof, which we may give by any means, including, but not
limited to, posting a revised version of this Agreement or other notice on this Site. You should
view this Agreement often to stay informed of changes that may affect you, as your
continued
use of this Site signifies your continuing consent to be bound by the terms of this
Agreement.

We expressly reserve the right to make any changes to this Agreement, or to the Site and its
contents, at any time without prior notice to you.
Access, Registration and Use

In this Agreement, “you” refers to an individual accessing this Site, regardless of any particular
Keepwellkidsclub.com products or services purchased or licensed. To the extent applicable,
“you” also includes, your minor dependants, the corporation or other legal entity (your
“Company”), if any, on whose behalf you are accessing this Site. Though registration is not
required to access and use certain features and materials that we make available on the Site, you
must register with as as Keepwellkidsclub.com subscriber in order to take advantage of the
features and benefits of (Keepwellkidsclub.com as described below). You agree that all
information that you provide to Keepwellkidsclub.com in connection with your access to and use
of the Site (including, but not limited to, all information that you may provide in the
Keepwellkidsclub.com subscriber registration process) is true, accurate and complete to the best
of your knowledge, belief and ability, and that you will maintain and routinely update such
information to keep it true, accurate and complete at all times. We reserve the right to terminate
this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion
or features of this Site, to you or any other person or entity, for any reason or for no reason
whatsoever, at any time, and without notice or liability, including, but not limited to, termination
of your use of the Site and your Keepwellkidsclub.com membership, in the event that any
information provided by you in the basic registration or Keepwellkidsclub.com subscriber
registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or
if you otherwise fail to comply with the terms and conditions of this Agreement or membership,
purchase order or other agreement that you have with us.

Keepwellkidsclub.com Privacy Policy
Information that you provide or that we collect about you and your Company through your
access to and use of this Site is subject to our Privacy Policy, the terms of which are hereby
incorporated into this Agreement by reference. We encourage you to read and become familiar
with our privacy practices. To review our Privacy Policy, please click here.

Consents
Before continuing to access and use the Site, you must obtain all required consents and approvals
from, your Parents if you are a minor, your Company and from any customers, clients and other
third parties who may be affected by, or may need to consent to, your access to and use of the
Site and any of the materials, products and services provided through the Site, whether such
consents and approvals are required by law or otherwise.

Security
Keepwellkidsclub.com takes commercially reasonable measures to secure and protect
information transmitted to and from the Site, however we cannot and do not guarantee that any
such communications or any electronic commerce conducted on or through the Site is or will be
totally secure.

Proprietary Content
Keepwellkidsclub.com respects the intellectual property rights of others and expects you to do
the same. Keepwellkidsclub.com has expended substantial time, effort and funds to create the
Site and to collect and provide the materials, products and services that are available through the
Site. You understand and agree that owns Keepwellkidsclub.com or (where required, appropriate
or applicable) has been licensed by third parties to use all right, title and interest in and to the
Site and the products and services made available on or through the Site, and all information,
text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software,
and other content contained therein, and the collection, design, selection and arrangement thereof
(collectively, the “Content”). You acknowledge that the Content contains valuable proprietary
information that is protected by applicable intellectual property and other proprietary rights and
laws of the United States and other countries, and that you acquire no ownership interest by
accessing and using the Site and the Content. Such intellectual property and proprietary rights
include, but are not limited to, various patents, copyrights, trademarks and service marks,
registered trademarks and service marks, trade dress protection and trade secrets, and all such
rights are and shall remain the property of Keepwellkidsclub.com and its licensors.

Use of Content
Keepwellkidsclub.com grants you a limited license to access and make personal use of this Site
and the Content for legitimate purposes. Except as expressly provided for in this Agreement or in
an applicable, validly executed license or service agreement between you, your child if you are
agreeing for a minor, or your Company and Keepwellkidsclub.com, any alteration, modification,
reproduction, redistribution, retransmission, redisplay or other use of any Content in any other
manner or for any other purpose constitutes an infringement of Keepwellkidsclub.com’s
intellectual property and other proprietary rights. Other than as necessary and required to
facilitate your personal use, you may not reproduce, perform, create derivative works from,
republish, upload, post, retransmit, or redistribute in any way whatsoever any Content from this
Site, or any other Web site owned or operated by Keepwellkidsclub.com, without the prior
written permission of Keepwellkidsclub.com. Use of the Content or any portion thereof on any
other Web site or other networked computer environment is expressly prohibited without prior
written permission from Keepwellkidsclub.com. You shall not remove or modify any copyright
notice or trademark legend, author attribution or other notice placed on or contained within the
Content. Except as expressly authorized by Keepwellkidsclub.com in writing, in no event shall
you reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any
portion of the Content or the Site, or access to or use of the Content and the Site.

Keepwellkidsclub.com and Software
Keepwellkidsclub.com owns or (where required, appropriate or applicable) has been licensed by
third parties to use all right, title and interest in and to the Keepwellkidsclub.com software
(collectively, with the associated documentation and other materials, “Keepwellkidsclub.com”).
Keepwellkidsclub.com constitutes valuable proprietary information that is protected by
applicable intellectual property and other proprietary rights recognized by, and the laws and
international treaties of, the United States and other countries. You may only use
Keepwellkidsclub.com pursuant to a subscription purchased from Keepwellkidsclub.com or its
authorized sales representatives and for which you have paid the applicable membership fees. All
use of Keepwellkidsclub.com is subject to the terms and conditions of this term of use document.

Copyright Agent
Keepwellkidsclub.com has registered a designated agent with the United States Copyright Office
pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) and if you believe that
your copyrighted material is being used on this Site without required permission, please notify
Keepwellkidsclub.com’s designated agent at:
Joan M. Jacobs, Copyright Owner
PO Box 698
Middletown, CA 95461

Submissions
By submitting information and material to the Site or to Keepwellkidsclub.com, whether by
email, telephone or other mode of communication, or through access to and use of the Site or the
Content including, but not limited to, access to and use of any available pages or applications,
submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software
or computer files of any type, you thereby expressly grant, or warrant that the owner of such
material has expressly granted, Keepwellkidsclub.com a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, make and have made, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and to incorporate it in
other works in any form, media or technology now known or hereafter developed, subject to our
Privacy Policy, as set forth on this Site.

Compliance with Law
You, or you child with your permission, access and use the Site and the materials, products and
services available on or through the Site or Keepwellkidsclub.com at your own initiative and
risk. In connection with your access to and use of the Site and that of any person authorized by
you to use the Site, you are responsible for compliance with all applicable laws, regulations and
policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to
comply with all applicable local rules regarding online conduct and acceptable content. You
expressly agree to comply with all applicable laws regarding the transmission of data or
information out of the country in which you reside. You further agree not to upload to the Site
any data or software that cannot be exported without prior written government authorization,
including, but not limited to, certain encryption software. These assurances and commitments by
you shall survive termination of this Agreement.

Linked Sites
For your convenience, certain hyperlinks may be provided on the Site which link to other Web
sites that are not under the control of Keepwellkidsclub.com. Keepwellkidsclub.com does not
sponsor or endorse such Web sites and is not responsible for the accuracy, content or any aspect
thereof. Keepwellkidsclub.com disclaims all liability for such Web sites, and for any use of the
links to such Web sites or use of such Web sites themselves. We also disclaim all liability and
make no representations or warranties for any products or services made available, sold or
provided to you by any third party. Your use of other Web sites, and the offer or purchase of
products or services on or through such other Web sites, is subject to the terms and conditions
thereof. You agree that you will bring no suit or claim against Keepwellkidsclub.com arising
from or based on your use of, or the offer or purchase of products or services on or through, such
other Web sites. Links do not imply that Keepwellkidsclub.com is affiliated or associated with,
or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in
connection with or accessible through such links, or that any linked site is authorized to use any
trademark, trade name, logo or copyright symbol of Keepwellkidsclub.com or any of its
affiliates.

Disclaimer
Although Keepwellkidsclub.com strives to make this Site and the materials, products and
services provided through this Site helpful, reliable and current, you understand that your access
to and use of the Site and all materials, products and services available through it and
Keepwellkidsclub.com are at your own initiative and risk. It is your responsibility to take
precautions to ensure that any information, materials, software or data that you access, use,
download or otherwise obtain on or through the Site and Keepwellkidsclub.com are:
(i) uptodate, accurate, complete, reliable, and suitable to and appropriate for the purpose for which
you, or your Company, may desire to use them; and (ii) free of viruses and other destructive
routines.

Limitation of Liability
NEITHER KEEPWELLKIDSCLUB.COM, ITS SUBSIDIARIES, CONTRACTORS,
SUPPLIERS, CO-BRANDERS AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE
FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES AS LISTED HERETOFORE IN
THIS SENTENCE, COLLECTIVELY, THE “KEEPWELLKIDSCLUB.COM ASSOCIATES”),
SHALL BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY
LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH: (A) YOUR USE, NEGLIGENT USE OR NON-USE, OR YOUR
RELIANCE ON OR FAILURE TO RELY ON THE SITE, THE CONTENT, AND THE
MATERIALS, PRODUCTS AND SERVICES ACCESSIBLE, ACCESSED OR USED ON OR
THROUGH THE SITE OR KEEPWELLKIDSCLUB.COM; (B) ANY DECISIONS MADE OR
NOT MADE, OR ACTIONS TAKEN OR NOT TAKEN BY YOU, YOUR COMPANY, OR
ANY THIRD PARTY WITH REGARD TO, IN RELIANCE ON, OR AS A RESULT OF,
ACCESS AND USE OF THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS
AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND
KEEPWELLKIDSCLUB.COM; (C) KEEPWELLKIDSCLUB.COM PERFORMANCE OF
OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER OR IN CONNECTION WITH
THIS AGREEMENT, OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR
SERVICES PROVIDED BY THIRD PARTIES THROUGHKEEPWELLKIDSCLUB.COM.
UNDER NO CIRCUMSTANCES SHALL THE KEEPWELLKIDSCLUB.COM ASSOCIATES
BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR
COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF
GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS
INTERRUPTION AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, THE USE, NEGLIGENT USE OR NON-USE OF
MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE
OR KEEPWELLKIDSCLUB.COM, THE USE, COPYING OR DISPLAY OF THIS SITE OR
THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER
THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF
KEEPWELLKIDSCLUB.COM), EVEN IF KEEPWELLKIDSCLUB.COM WAS ADVISED,
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR
COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE
KEEPWELLKIDSCLUB.COM ASSOCIATES SHALL BE LIMITED IN ACCORDANCE
WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE
KEEPWELLKIDSCLUB.COM ASSOCIATES ARE FOUND LIABLE TO YOU OR ANY
THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING
UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE
KEEPWELLKIDSCLUB.COM ASSOCIATES’ COLLECTIVE, AGGREGATE AND
MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY
CALENDAR YEAR SHALL NOT EXCEED $100.

Indemnification
You agree to indemnify, defend and hold all of the Keepwellkidsclub.com Associates harmless
from and against all claims, demands, suits or other proceedings, and all resulting loss, damage,
liability, cost and expense (including reasonable attorneys’ fees), made by any third party due to
or arising out of content, data or information you submit, post to or transmit through the Site,
your access to and use, negligent use or non-use of the Content, the Site and other materials,
products and services available on or through the Site and Keepwellkidsclub.com, your violation
of this Agreement or your violation of any rights of another. We reserve, and you grant to us, the
right to assume exclusive defense and control of any matter subject to indemnification by you.
All rights and duties of indemnification set forth herein shall survive termination of this
Agreement.

Miscellaneous
This Agreement and the Keepwellkidsclub.com Privacy Policy referenced herein (as each may
be revised and amended from time to time according to their respective terms), together with any
applicable, validly executed licenses or services agreements between you or your Company and
Keepwellkidsclub.com collectively constitute the entire agreement with respect to your access to
and use of the Site and the materials, products and services available on or through the Site or
Keepwellkidsclub.com. Our electronically or otherwise properly stored copy of this Agreement
shall be deemed to be the true, complete, valid, authentic and enforceable copy of this
Agreement and you agree that you shall not contest the admissibility or enforceability of
Keepwellkidsclub.com’s copy of this Agreement in a court in connection with any proceeding
arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits
upon any person other than you and Keepwellkidsclub.com. Keepwellkidsclub.com may assign
its rights and duties under this Agreement at any time to any party without notice. You may not
assign this Agreement without the prior written consent of Keepwellkidsclub.com. This
Agreement shall be binding on and inure to the benefit of the parties hereto and their respective
successors and assigns. Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a proper legal authority, the validity and enforceability of the other
provisions shall not be affected.

Jurisdiction
This Site was created and is presently maintained, located and controlled by
Keepwellkidsclub.com in the State of California. This Agreement shall be governed by and
construed under the law of the State of California, without regard to conflicts of law principles or
rules thereof. Any legal action arising out of or related to this Agreement and your access to and
use of this Site must be commenced within one year after the cause of action arises. YOU
AGREE AND UNDERSTAND THAT KEEPWELLKIDSCLUB.COM AND YOU EACH
WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. Keepwellkidsclub.com and
you each agree to use your best efforts to settle any dispute or claim arising out of, or relating to,
for resolution of any matters related to interpretation, construction or enforcement, or otherwise
in connection with this Agreement, the Keepwellkidsclub.com Privacy Policy referenced herein,
or otherwise related to or in connection with your access to and use of this Site and the materials,
products and services available on or through this Site or Keepwellkidsclub.com. If
Keepwellkidsclub.com and you cannot reach a written settlement agreement within thirty (30)
days of your initially raising the controversy or claim, Keepwellkidsclub.com and you shall
submit any controversy or claim arising out of, or relating to, this Agreement to binding
arbitration in Lake County, California administered by the American Arbitration Association
under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof.

International Users and Export Control Laws
The Site can be accessed from countries around the world. Keepwellkidsclub.com makes no
representation that the Site, or the services and products available through it, are appropriate or
available for use at other locations outside the United States, and access to the Site from
territories where the Site or any of its services or products are illegal is prohibited. The export
and re-export of software products are controlled by the United States Export Administration
Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which
the United States embargoes goods. In addition, Keepwellkidsclub.com software may not be
distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals.

Questions Regarding Terms of Access
Please contact us with any questions regarding this Site or these Terms of Use by e-mail at
contact@ Keepwellkidsclub.com

Acknowledgement
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THE KEEPWELLKIDSCLUB.COM PRIVACY POLICY
REFERENCED HEREIN.