Legal Information

Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Kinderberry Hill Child Development Centers (“KBH”, “our”, or “we”), as well as any online features, services, and/or programs offered by KBH (collectively, the “Website”).

KBH owns and operates early learning educational schools (each a “School”).

These Terms do not apply to web pages operated and/or owned by an entity other than KBH. Users of web pages operated and/or owned by entities other than KBH should refer to the Terms and Conditions in effect for the applicable web page owner.

By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. The Website is not intended for, or designed to be used by or attract, children under the age of thirteen (13).

1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, KBH does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) KBH has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses, or other harmful components; and/or (g) any information obtained by you in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy, or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from the Website without the express, prior, written consent of KBH. We may make changes to the Website and/or to the services described in these Terms at any time and without further notice to you.
3. USER ACCOUNT, PASSWORD, AND SECURITY. When and if User Accounts are used in connection with the Website, the following shall apply.

(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a User ID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your User ID, password, and User Account information. You, however, are ultimately responsible for protecting your User ID, password, User Account, and any other information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify KBH of any unauthorized use of your User ID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. We do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.

(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if KBH has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her User ID and password.

DISCLAIMERS

(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. KBH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. KBH DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KBH WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless KBH and its respective owners, directors, officers, employees, and agents, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by KBH, directly or indirectly, with respect to or arising out of: (i) your failure to comply with or your breach of these Terms; and/or (ii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

LIMITATION OF LIABILITY.IN NO EVENT WILL KBH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF KBH WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
NO GUARANTEE OF ADMISSION. The availability of the Website does not constitute an offer for placement at a School or a guarantee of availability of services.
Personal data that you provide to KBH regarding yourself and/or your children will be handled in accordance with KBH’s Privacy Policy.
THIRD PARTY CONTENT.

(a) The Website may provide hyperlinks to other websites maintained by third parties, or third party content may be provided on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER KBH’S CONTROL, AND KBH IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with KBH. KBH may not be aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment, or frame Content; (iii) may not imply that KBH is endorsing it or its products or services; (iv) may not misrepresent its relationship with KBH; (v) may not present false or misleading information about KBH or their respective products or services; (vi) should not include content that could be construed as distasteful, offensive, or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules, and regulations.

COPYRIGHT AND TRADEMARKS. The trademarks, service marks, and logos used and displayed on the Website are either (a) KBH’s, or its subsidiaries’ or affiliates’, or (b) another party’s registered and unregistered trademarks. KBH is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of KBH, or its subsidiaries or affiliates, that may be referred to on the Website are the property of KBH, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of KBH’s, or its subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without KBH’s prior written permission. KBH aggressively enforces its intellectual property rights. Neither the terms “New Horizon” nor “New Horizon Academy”, nor any of KBH’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without KBH’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 8(b) above may use the term “New Horizon” or “New Horizon Academy” in or as part of that link.
By submitting comments, information, or feedback to us through email and/or the Website, you agree that the information submitted will be subject to KBH’s Privacy Policy. However, if you send, transmit, post, email or otherwise convey to KBH, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself or your child(ren), or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), subject to KBH’s Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant KBH and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display, and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to KBH and its successors and assigns the right to incorporate Submissions into other works in any form, medium, or technology now known or later developed, for the full term of any copyrights, trademarks, and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to KBH that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that KBH and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
Information that KBH publishes on the Website may contain references or cross-references to products, programs, or services of KBH, its partners, subsidiaries, or affiliates that are not necessarily announced or available in your area. Such references do not mean that KBH, or any of its partners, subsidiaries, or affiliates, will announce any of those products, programs, or services in your area at any time in the future. You should contact KBH for information regarding the products, programs, and services that may be available to you, if any.
COPYRIGHT COMPLAINTS. KBH owns, protects, and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of KBH. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), KBH will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to KBH at 3405 Annapolis Lane N, Suite 100, Plymouth, Minnesota 55447 Attn: Corporate Counsel.
TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to KBH, its partners, to the business of the Website’s Internet service provider, or to other information providers.
GOVERNING LAW. These Terms will be governed by the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or inequity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the Hennepin County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
LOCAL LAWS. KBH makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. The Website is intended for users in the United States only. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. KBH is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Your Consent To This Agreement

By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:

Kinderberry Hill Child Development Centers

3405 Annapolis Lane N, Suite 100

Plymouth, MN 55447