YOUR RIGHTS, OBLIGATIONS AND PRIVILEGES: The following is the Membership Agreement (“Agreement”) between the provider of this membership program (“Kids Live Safe” and “KidsLIveSafe.com” and "We" and “Our” and "Us") and the enrolled member of this membership program ("You" and Your”). UPON ENROLLMENT, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR MEMBER SERVICE REPRESENTATIVES AT THE NUMBER IN YOUR MEMBERSHIP MATERIALS OR ON THE PROGRAM WEBSITE. MEMBERSHIP BENEFITS: As a Member, You are entitled to access discounts and/or other benefits on certain products and services offered by participating vendors ("Benefits"), as explained in the membership materials or on the membership program website ("Program Website" and “Site”). Some Benefits may not be available in Your area. Please see Your membership materials and Program Website for details and limitations. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion. USE OF MEMBERSHIP: Your membership is non-transferable. You agree that only You and Your Immediate Family may use the membership. "Immediate Family" means You, Your spouse or partner and Your children (age 13 and older) living in Your home. Benefits are not for resale. You will promptly notify Us if You become aware of any unauthorized use of Your membership (where applicable). If You were offered the opportunity to claim a gift in connection with Your enrollment in the program, You are limited to one gift per program and, depending upon the offer You agreed to, You may be required to still be a member of the program at the time Your gift claim is processed. MEMBERSHIP TERM: Your membership is effective for: (a) under the annual payment plan, a period of twelve (12) months following the membership enrollment date and will continue on an annual basis until You cancel Your membership as described below (b) under the monthly payment plan, a period of one (1) month following the membership enrollment date and will continue on a month-to-month basis until You cancel Your membership as described below, or (c) under the installment payment plan, the period agreed upon by You. You are limited to one membership per twelve-month period per Immediate Family as defined below.
We reserve the right to terminate your account with or without cause at any time and for any reason. You agree that any termination of your access to the Benefits may be effected without prior notice. Once your account has been terminated for any reason, you will have no further right or access to use the Service, and you immediately shall cease using and destroy all copies of any Software.
FEE-BASED SERVICE CHARGES: Certain features of this Site are available only through the purchase of a Site subscription ("Fee-Based Services"). (a)You agree to pay, using a valid credit card or debit card, the trial fee, monthly, quarterly, semi-annual or annual subscription charges set forth on the Site and other charges incurred on Your account in order to access the Fee-Based Services. (b)After the trial period, and every month, quarter, half-year or year thereafter until You cancel, the membership fee will be automatically billed to Your credit card (or debited from Your checking account, if You authorized that option). The renewal charge will be the then current published rate for the term of Your subscription. In the event We cannot charge Your account, we reserve the right to continue trying to bill Your account or to terminate Your access to the Fee-Based Services. (c)You may be subject to a pre-authorization at the time You order Your Online Membership. THE PRE-AUTHORIZATION IS NOT A CHARGE TO YOUR CREDIT CARD, HOWEVER THE THEN APPLICABLE SUBSCRIPTION CHARGE MAY BE RESERVED AGAINST YOUR AVAILABLE CREDIT CARD LIMIT. FOR FURTHER DETAILS, CONTACT YOUR CREDIT CARD ISSUER FOR FURTHER DETAILS. CANCELLATION POLICY:
You understand that to cancel Your subscription you must either email us at firstname.lastname@example.org or call our member support department by calling 1-800-301-5905. Once you have confirmed your desire to cancel, Your account is immediately canceled and You will receive a cancellation confirmation email. If You do not receive a cancellation confirmation email, Your account was not canceled.
We process requests for a Kids Live Safe membership promptly, and immediately incur costs for account setup. Therefore, we have a NO REFUND policy for Kids Live Safe. PRICING INFORMATION: We offer several membership types including Trial Memberships, a Standard Membership and an Annual Membership. As we sometimes offer promotional discounts the price of your membership may vary depending on the date you signed up. Each membership type and the respective cancellation policies are explained below:
7-Day Trial Membership (Monthly Subscription): You will have full access to the service for 7-days for a nominal trial fee. If You do not cancel the service during the trial period, You will be billed $29.97 exactly 7-days from the date and time You originally registered. For example, if You signed up for the trial on January 1 at 2PM, You would be billed for the first month of service on January 8 at 2PM. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED. 7-Day Trial Membership (Quarterly Subscription): You will have full access to the service for 7-days for a nominal trial fee. If You do not cancel the service during the trial period, You will be billed $39.97 exactly 7-days from the date and time You originally registered. For example, if You signed up for the trial on January 1 at 2PM, You would be billed for the first quarterly of service on January 8 at 2PM. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED. 7-Day Trial Membership (Semi-Annual Subscription): You will have full access to the service for 7-days for a nominal trial fee. If You do not cancel the service during the trial period, You will be billed $49.97 exactly 7-days from the date and time You originally registered. For example, if You signed up for the trial on January 1 at 2PM, You would be billed for the first half-year of service on January 8 at 2PM. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED.
7-Day Trial Membership (Annual Subscription): You will have full access to the service for 7-days for a nominal trial fee. If You do not cancel the service during the trial period, You will be billed $59.98 exactly 7-days, from the date and time You originally registered. For example, if You signed up for the trial on January 1 at 2PM, You would be billed for the first year of service on January 8 at 2PM. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON AN ANNUAL BASIS UNTIL CANCELLED Standard Membership (Monthly): You will be billed $29.97, immediately upon registration. There is NO trial with the Standard Membership. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED.
Standard Membership (quarterly): You will be billed $39.97, immediately upon registration. There is NO trial with the Standard Membership. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED. Standard Membership (Semi-Annual): You will be billed $44.94, immediately upon registration. There is NO trial with the Standard Membership. YOUR ACCOUNT WILL CONTINUE TO BE BILLED EVERY 6 MONTHS UNTIL CANCELLED.
Standard Membership (Annual): You will be billed $59.88, immediately upon registration. There is NO trial with the Standard Membership. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON An ANNUAL BASIS UNTIL CANCELLED.
In the event that Your payment cannot be processed for insufficient available credit or funds, We may, at our discretion, divide the total membership fee into incremental charges in order to process the total membership fee. Additionally, We reserve the right to bill at a discounted rate as determine by Us.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
From time to time, in our sole discretion, We may provide a reduced membership fee, for a promotional period, to first-time or other selected customers. If You are provided with such a promotional reduction in Your membership fee ("Promotional Membership Fee"), Your payment source will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by Us, and that the regular applicable periodic membership fee will be charged to Your payment source following the end of the promotional period. Terms of the Promotional Membership Fee, including the duration and amount of the Promotional Membership Fee, may vary from time to time.
You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. In the event you dispute or otherwise challenges Our performance hereunder and request a chargeback or otherwise dispute a charge with the issuer of your credit/debit card utilized to make payment hereunder, or the credit/debit card issuer authorized by you for Us to charge payment hereunder, you shall immediately pay by cashier’s check or money order to Us a sum equal to your balance as shown on Our books. Payment of this sum by you is a condition precedent to your ability to institute any such action in law, equity or otherwise arising out of or relating to this Agreement.
You have the right to receive written notice of all changes to Your membership fee that vary from the amount You previously authorized. Should You wish to receive such written notification in advance of any change to Your membership fee, please contact Us at 1-800-301-5905 or write to: Kids Live Safe c/o Renewal Price Change Notification, 3905 State Street, Suite 7-228, Santa Barbara, CA 93105. Please include Your name, address, telephone number and Customer ID. USER EMAIL OR TESTIMONIALS: If You are a customer and send an email to the website, or if You communicate with the site by phone or mail, the website collects information about Your communication and by communicating with the site You give Your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit. Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes. COPYRIGHT AND TRADEMARKS: All materials on the Site, including without limitation text, images, software, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by KidsLiveSafe.com, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of KidsLiveSafe.com.
KidsLiveSafe.com has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of KidsLiveSafe.com in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel Your subscription.
(b) To the Site:
In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Any claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in Santa Barbara County, California, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your membership as well as voluntary payment of the debt in full by You or any bankruptcy by You.
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