SECTION 1 – OVERVIEW

This website is owned and operated by Shop2aspire LLC (collectively “Company”, “we”, “us”, “our”). The Company offers https://shop2aspire.us, our Facebook Marketplace, Amazon store, Etsy store and all other websites and mobile apps owned and operated by the Company on which these Terms of Use are displayed, our services including, but not limited to those services that use AI and/or AI Tools services (as defined below) (collectively the “Services”), including but not limited to all information, tools and services available from the Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Use (the “Terms of Use”). As part of the Services, we may use artificial intelligence (“AI”) for content creation, pictures, marketing, generating materials and customer service (including, but not limited to chat-bot services) and this AI may collect and/or process data including but not limited to browsing behavior, purchase history and/or user location for direct marketing based upon user behavior (the “AI Tools”). These Terms of Use also govern the presence and use of AI Tools in our Services. For the purpose of this Terms of Use, the terms “you” or “your” refer to individuals using the Services, including but not limited to those acting as agents for others in relation to the Services.

This Terms of Use is a legally binding contract that describes the terms and conditions between you, whether personally or on your behalf of an entity and of the Company in connection with the Services as well as your purchase of any products or services from the Services and/or any other related products and/or services that refer or link to this Terms of Use. Please read these Terms of Use carefully before accessing or using our Services.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF USE INCLUDING, BUT NOT LIMITED TO THE POTENTIAL USE OF AI TOOLS AND THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE ON OUR SERVICES. THIS TERMS OF USE APPLIES TO ALL USERS OF OUR SERVICES, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT. IF YOU DO NOT AGREE TO THIS TERMS OF USE, THEN YOU MUST NOT ACCESS OR USE THE SERVICES. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE. PLEASE READ THIS TERMS OF USE CAREFULLY AS IT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.

Any new features or tools which are added to the current Services shall also be subject to this Terms of Use. You can review the most current version of the Terms of Use at any time on this page. The Company reserves the right, at its sole discretion, to amend or modify the Services or this Terms of Use (or any part thereof) at any time and such changes and modifications will take effect immediately upon being posted on our Services. It is your responsibility to review this Terms of Use for any such changes whenever you use the Services. By continuing to use the Services, you signify your acceptance of these changes and modifications.

We recommend that you print a copy of this Terms of Use for your records and that you print any modified Terms of Use which later becomes available.

For questions or comments about this Terms of Use, contact us at admin@shop2aspire.us.

SECTION 2 – MINIMUM AGE

The Services are intended for individuals who are at least 18 years old. By agreeing to this Terms of Use, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us your consent to allow any of your minor dependents to use the Services.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse Services and/or access to the Services to anyone for any reason or no reason at any time.

You understand that your content, data and/or information (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks;(b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) may be collected and/or processed using AI Tools. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Services including, but not limited to the AI Tools without our express prior written permission.

The headings used in this Terms of Use are included for convenience only and will not limit or otherwise affect this Terms of Use.

You may not use our Services and/or products and/or AI Tools for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

You acknowledge and agree that you will not use or rely on the AI Tools as the basis for a decision to purchase any product or service from us and the AI Tools do not constitute an offer to sell or solicitation to buy any product or service from us.

You are solely responsible for verifying and validating any output generated by the AI Tools, including but not limited to those in connection with any purchase decisions.

You acknowledge and agree that the AI Tools generate responses automatically which may not be subject to human review and may generate responses that are inaccurate and/or incomplete.

You acknowledge and agree that we are not responsible for any responses or content by the AI Tools since we do not control the AI Tools.

We make no guarantees regarding the accuracy, currency, suitability, quality or completeness of any responses or content by the AI Tools. You should independently verify any information provided.

You acknowledge and agree that we will not be responsible for any loss or damage incurred as the result of your use of, the responses of or any content by the AI Tools.

You acknowledge and agree that we may process and use your information and data in relation to the AI Tools to further develop, enhance, and improve the our Services and you hereby acknowledge and agree to such usage.

A breach or violation of any of this Term of Use will result in an immediate termination of your Services including but not limited to the AI Tools.

SECTION 4 – PRIVACY POLICY

The Company’s Privacy Policy, which is included as part of this Terms of Use by reference, provides detailed information on how we collect, protect, share, and use your information in relation to our technology platforms, products, and services. Your submission of personal information through the Services including, but not limited to the AI Tools is governed by our Privacy Policy.

SECTION 5 – COPYRIGHT, TRADEMARK, AND MARKS

The Company owns or holds licenses and all intellectual property rights in our Services including, but not limited to all text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces, computer code, source code, databases, functionality, technology, software, AI Tools, advertising copy, URLs, website designs, button icons, designs, audio, video, text, photographs, images, graphics, overall arrangement or “look and feel” of such materials in the Services and in the AI Tools (collectively “Content”), as well as all trademarks, service marks, copyrights and logos contained therein (the “Marks”). The Content and Marks are protected by trademark, copyright, patent laws, intellectual property rights, unfair competition laws, various other intellectual property rights and other applicable treaties in the United States, Canada and worldwide. The Content and Marks are provided in and through the Services are “As Is, Where Is”. By using the Services including, but not limited to the AI Tools you will not obtain any ownership or intellectual property or other interest in any item or content on the Services including, but not limited to the Content and Marks.

We grant you a non-exclusive, non-transferable, non-assignable, revocable license to access the Services solely for your personal and non-commercial use, subject to your compliance with this Terms of Use including, but not limited to the “Prohibited Uses” as stated in these Terms of Use. Unless otherwise set forth in this Terms of Use, you must not copy, reproduce, aggregate, republish, reverse engineer, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit for any commercial purpose whatsoever any of the Services without our express prior written permission. If you wish to make any use of the Services, Content or Marks other than as set forth in this Terms of Use, please address your request to: admin@shop2aspire.us and if we expressly grant you via express prior written permission to copy, reproduce, aggregate, republish, reverse engineer, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit for any commercial purpose whatsoever and of our Services, Content or Marks, then you must identify us as the owners or licensors of the Services, Content or Marks and you must ensure that any copyright, trademark or proprietary notice appears or is visible on our Services, Content or Marks.

We reserve all rights to and in the Services, Content and Marks which are not expressly granted to you by us in a prior writing. Any breach of these Intellectual Property Rights as set forth in this Terms of Use will constitute a material breach of this Terms of Use and your use of our Services will immediately terminate and you must immediately discontinue use of all Services.

SECTION 6 – PROHIBITED USES

In addition to other prohibitions as set forth in this Terms of Use, you are prohibited from using the Services, Marks and/or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to generate or distribute content intended to misinform, misrepresent or mislead, including through misrepresentation of content generated by the AI Tools by claiming such content was created by a human, or represent generated content as original works;(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) to engage in “High-risk” activities, as defined under applicable AI legislation (e.g., the EU AI Act and the Colorado AI Act) and/or (m) to interfere with or circumvent the security features of the Services, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, Marks, Content or any related website or service for violating any of the prohibited uses.

SECTION 7 – DIGITAL MILLENNIUM COPYRIGHT ACT (“DCMA”) NOTICE AND POLICY

If you believe that any material available on or through the Services including, but not limited to the AI Tools infringes upon any copyright you own or control, please immediately notify us through the contact information provided in this Terms of Use, as found on our Services or through our email: admin@shop2aspire.us (a “Notification”).

All Notifications must meet the requirements of DMCA 17 U.S.C. §512(c)(3) and must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (iii) identification of the material(s) that is claimed to be infringing or claimed to be the subject of infringing activity and that you request to be removed or request that access to which is to be disabled and information reasonably sufficient to permit us to locate the material(s); (iv) information reasonably sufficient to permit us to contact the complaining party including, but not limited to an address, telephone number, and/or email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that the alleged use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent or the applicable law, rules or regulations; and (vi) a statement that the information in the Notification is accurate and under the penalty of perjury the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Once a Notification is submitted by you to us, a copy of your Notification will be sent to the person who posted or stored the material identified in the Notification. You may be held liable for damages if you make a material misrepresentation in a Notification under applicable federal, state or local law, rules or regulations; therefore, if you are not sure that material located on or linked by the Services and/or Website infringes on your copyright, then you should consider first contacting an attorney.

If you believe your own copyrighted material has been removed from the Services including, but not limited to the AI Tools as a result of a mistake or misidentification, you may submit a written counter notification to us through the contact information provided in this Terms of Use, as found on our Services or through our email: admin@shop2aspire.us (a “Counter Notification”).

All Counter Notifications must meet the requirements of the DMCA and must include the following information: (i) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (ii) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside of the United States of America, for any judicial district in which we are located; (iii) a statement that you will accept service of process from the party that filed the Notification of the party’s agent; (iv) your name, address, telephone number and email address; (v) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (vi) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting these requirements, we may restore your removed or disabled material unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. If materially misrepresent that the disabled or removed content was removed by mistake or misidentification then this constitutes perjury and you may be liable for damages including, but not limited to the costs, expenses and attorneys’ fees.

SECTION 8 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available in the Services including, but not limited to the AI Tools are not accurate, complete or current. The material in the Services including, but not limited to the AI Tools is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in the Services including, but not limited to the AI Tools is at your own risk.

You acknowledge and agree that the AI Tools have not been fully tested and may use experimental technology. As such, any content provided by the AI Tools may not meet your desired use, including, without limitation, that it may be inaccurate, offensive, or duplicative content, and in each case, may provide content that does not represent our views. It is your responsibility to use discretion before relying on, publishing or otherwise using the AI Tools or the content produced by the AI Tools.

The Services including, but not limited to the AI Tools may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services including, but not limited to the AI Tools at any time, but we have no obligation to update any information on the Services including, but not limited to the AI Tools. You agree that it is your sole responsibility to monitor changes to the Services including, but not limited to the AI Tools.

SECTION 9 – MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) including, but not limited to the AI Tools without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services including, but not limited to the AI Tools.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services including, but not limited to the AI Tools that contains typographical errors, inaccuracies or omissions that may relate to things including, but not limited to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services including, but not limited to the AI Tools or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services including, but not limited to the AI Tools or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services including, but not limited to the AI Tools or on any related website, should be taken to indicate that all information in the Services including, but not limited to the AI Tools or on any related website has been modified or updated.

SECTION 11 – PRODUCTS OR SERVICES; RETURN POLICY

Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and may be subject to return or exchange only according to a Refund Policy which currently allows for returns 14 days after the purchase of products using our Services only for unworn products which still have their original tags and label attached and that are packed in the original bags. We use http://loopreturns.com/ for returns. Our Return Policy may be updated periodically on our website and we encourage you to frequently review our website for any changes to this Return Policy: www.kiddiekips.com.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the Services; however, some pictures of our products are AI photos. We cannot guarantee that your computer monitor’s display or the device you access the Services will accurately depict any color accurately, we cannot guarantee that any color will be accurate in any printed materials or other materials which are a part of the Services and we cannot guarantee that any AI generated image of our products will be accurately depicted on your computer monitor’s display or the device with which you access our Services.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product and/or service at any time. Any offer for any product or service made in the Services or otherwise is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services, including but not limited to depictions using AI Tools will be corrected.

SECTION 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases make using our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 13 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

AI Tools may contain derivatives of, or incorporate or be integrated with, third-party tools including but not limited to AI models whose distribution is subject to restrictions. You agree to comply with any and all policies concerning third-party tools.

We may also, in the future, offer new Services and/or features on the Services (including, but not limited to the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Use.

SECTION 14 – LINKS TO THIRD PARTY WEBSITES

Certain content, products and services available via our Services including, but not limited to AI Tools may include materials from third-parties (“Third-Party Links”).

Third-Party Links may direct you to third-party websites or other materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Links and/or any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to Third-Party Links and/or the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or Third-Party Links. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction with any third-party. Complaints, claims, concerns, or questions regarding third-party products and/or Third-Party Links should be directed to the third-party.

SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries, product reviews or interacting with our AI Tools) or if without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, on our Services or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

By using the Services and/or by searching on social media accounts for us and/or by other methods, you may have access to one or more of our social media accounts including, but not limited to X, TikTok, Instagram, LinkedIn and Facebook. If you send certain specific submissions, make comments or posts or otherwise interact in any way, shape or form with our social media account(s) (collectively, “social media comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any social media comments that you post or forward to us. We are and shall be under no obligation to: (1) maintain any social media comments in confidence; (2) pay compensation for any social media comments; or (3) respond to any social media comments.

We may, but have no obligation to, monitor, edit or remove content and/or comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments and/or social media comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and/or social media comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services and/or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments and/or social media comments. You are solely responsible for any comments and/or social media comments you make and their accuracy. We take no responsibility and assume no liability for any comments and/or social media comments posted by you or any third-party.

You acknowledge and agree that the comments, social media comments, any questions, comments, suggestions, ideas, feedback and/or other information provided by you to the Company through the Services and/or by any other means are not confidential and you grant us a worldwide, perpetual, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions and comments. The Company shall be entitled to the unrestricted use and dissemination of these submissions and comments for any purpose, commercial or otherwise without any acknowledgement of or compensation to you including, but not limited to the comments and/or the social media comments.

SECTION 16 – SOCIAL MEDIA

By using the Services you may be able to link your account with online accounts you have with third party service providers (each being a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services or (ii) allowing us to access your Third Party Account as permitted under the applicable terms and conditions that govern your use of your Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations that may be imposed by the third party service provider of the Third Party Account. By granting us access to any Third Party Accounts, you understand and agree that: (a) we may access, make available and store any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Services and/or Website via your account including, but not limited to any of your friends lists; and (b) we may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party Account. Personally identifiable information that you post to your Third Party Accounts may be available on and thorough the Services depending on the Third Party Accounts you choose and also subject to the privacy settings you have set in such Third Party Accounts. The Social Network Content may no longer be available on and through the Services if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider. Your relationship with the third party service providers associated with your Third Party Accounts is governed solely by your agreement(s) with such third party service providers. We do not review any Social Network Content for any purpose including, but not limited to for accuracy, legality or non-infringement and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book and other information including but not limited to your contacts list stored on your mobile device or tablet associated with a Third Party Account. You may deactivate the connection between the Services and your Third Party Account by contacting us by email at admin@shop2aspire.us or through your account settings, if applicable. We will attempt to delete any information stored on our servers that was obtained through such Third Party Account except for the username and profile picture that become associated with your account.

SECTION 17 – ERRORS AND DELAYS

You acknowledge and agree that the Company is not responsible for any errors or delays in responding to any request you may have or referral form or any other form that may be caused by factors such as an incorrect email address or other information provided by you, or technical issues beyond our reasonable control.

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services and/or through the AI Tools (or any part or content thereof) will be accurate or reliable.

We reserve the right at any time to modify or discontinue the Services and/or the AI Tools (or any part or content thereof) without notice at any time.

You agree that from time to time we may remove the Services and/or AI Tools for indefinite periods of time or cancel the Services and/or AI Tools at any time, without notice to you.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services and/or AI Tools.

The Company shall not be liable for any damages arising from your reliance on or use of the content, Services, the AI Tools or other items found on the Services.

The inclusion or offering of any products or services in the Services and/or AI Tools does not constitute an endorsement or recommendation by the Company. All such information, products, and services are provided “as is” and “as available” without any warranty.

You expressly agree that your use of, or inability to use, the Services and/or AI Tools is at your sole risk. All products and services delivered to you through the Services, including but not limited to the AI Tools are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The Company disclaims all warranties, whether statutory, express, or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

You understand and agree that any material and/or data obtained through the use of the Services, including but not limited to the AI Tools is done at your sole risk. You should not rely on factual assertions in output from the AI Tools without independently fact checking their accuracy. Output from the AI Tools that appears accurate because of their detail or specificity may still contain material inaccuracies. Output from the AI Tools may not account for events or changes to underlying facts occurring after the development of the AI Tools. No information or advice, whether oral or written, obtained by you from us, our Services or through our AI Tools shall create any guarantee or warranty of any kind.

In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including, but not limited to negligence), strict liability or otherwise, arising from your use of any of the Services, including but not limited to the AI Tools or any products procured using the Services, including but not limited to the AI Tools, or for any other claim related in any way to your use of the Services, including but not limited to the AI Tools or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services, including but not limited to the AI Tools or any content (or product) posted, transmitted, or otherwise made available via the Services, including but not limited to the AI Tools, even if advised of their possibility.

The Company’s liability, if any, is limited to direct and foreseeable damages, up to the amount specified below. The Company shall not be liable for any indirect, incidental, consequential, special, statutory, punitive, or exemplary damages, such as loss of revenue, anticipated profits, or business, loss or damage to data, or emotional distress. In no event shall the Company’s total liability exceed USD $100.00. these limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails its essential purpose, or if the Company knew or should have known about the possibility of such damages. These limitations and exclusions apply to any claims related to this Terms of Use and/or the Services to the maximum extent permitted by law.

Because some states, provinces (including the province of Quebec) or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, parent, subsidiaries, partners, contractors, licensors, service providers, subcontractors, suppliers, interns and affiliates (referred to as “Kiddie Kips Parties”) from any and all claims, losses, liabilities, expenses (including, but not limited to attorneys’ fees and costs), and damages arising from or related to your breach of these Terms of Use or the documents they incorporate by reference, your use of the Services including, but not limited to the AI Tools and/or your violation of any third-party rights or laws. You are not permitted to settle any such claim or matter without the express prior written consent from the Company. The Kiddie Kips Parties have the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to fully cooperate in the defense of such claims.

SECTION 20 – DISPUTE RESOLUTION, GOVERNING LAW, WAIVERS AND LIMITATIONS

You agree that any dispute between you and the Company, including, but not limited to disputes related to the Services including, but not limited to the AI Tools, content, and/or services, shall be resolved through final and binding individual arbitration administered by the American Arbitration Association in accordance with its consumer arbitration rules. The arbitration hearings will take place in Vienna, Virginia and the arbitrator(s) will be bound by the law and strive to expedite the proceedings and limit discovery. By agreeing to arbitration, you and the Company waive the right to litigate the dispute in court and waive the right to a jury trial. The laws of the Commonwealth of Virginia will govern any dispute without giving effect to any choice or conflict of law provision or rule, and if any matter proceeds to court, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fairfax County, Virginia.

You also agree that any arbitration under this Terms of Use will be conducted on an individual basis, and you may not join or consolidate claims with those of any other party. Furthermore, you are not permitted to litigate or arbitrate claims as a representative or member of a class or in a private attorney general capacity.

Any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Terms of Use, including but not limited to the provisions related to dispute resolution and arbitration, will be subject to final and binding arbitration.

Additionally, you acknowledge that any dispute or cause of action arising from or related to the Services, the AI Tools and/or Content must be initiated within one year from the date the dispute or cause of action accrues, or within one year of when you should have known about it through diligent effort. Otherwise, the cause of action is permanently barred.

SECTION 21 – ENTIRE AGREEMENT

This Terms of Use, including, but not limited to all referenced or incorporated policies, agreements, and provisions, constitutes the entire agreement between you and the Company, superseding all prior or contemporaneous oral or written agreements or communications between the parties regarding the subject matter discussed herein. In the event of a conflict between the language of this Terms of Use and any incorporated terms, the latter incorporated terms shall prevail.

SECTION 22 – INTERPRETATION

Any ambiguities in the interpretation of this Terms of Use shall not be construed against the drafting party. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Terms of Use and/or your use of the Services and/or AI Tools.

SECTION 23 – NO REPRESENTATIONS OR WARRANTIES

You acknowledge and agree that, by entering into this Terms of Use, you are not relying on any representation, warranty, statement, or promise, whether expressed or implied, that is not explicitly set forth in these Terms of Use. You hereby waive any claim of reliance on such representations.

SECTION 24 – TERMINATION

This Terms of Use are effective unless and until terminated by either you or us. You may terminate this Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Terms of Use, we also may terminate this Terms of Use at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Terms of Use for all purposes.

SECTION 25 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be modified to the extent feasible to make it enforceable with respect to the specific dispute at hand and to reflect the original intent of the provision as considered in the context of this Terms of Use as a whole. This modified provision shall be enforced with respect to the underlying claims in the dispute, and any finding of invalidity or unenforceability shall not affect the validity or enforceability of this Terms of Use as a whole or any other remaining provision herein.

SECTION 26 – WAIVER

The failure of us to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision.

SECTION 27 – ASSIGNMENT

This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. However, we may assign, novate or subcontract any or all of our rights and obligations under this Terms of Use at any time.

SECTION 28 – DATA PROCESSED IN THE UNITED STATES

We process data in the United States, and we make no representation that our Services including, but not limited to the AI Tools are appropriate or available for use beyond the United States. If you use our Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Services including, but not limited to the AI Tools may describe programs and services that are available only in the United States (or only parts of it).

We reserve the right to limit the availability of our Services, our AI Tools and/or the provision of any content, programs, service, or other feature described or available on our Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, service, or other feature that we provide.

If you are in a jurisdiction outside the United States and nevertheless continue to use our Services, your personal information may be transferred into and processed within the United States, and your continued use of our Services constitutes your consent to such transfer and processing. Please review our Privacy Policy for additional information on how we process and protect your data.

SECTION 29 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of this Terms of Use by posting updates and changes on our Services and/or on our website: www.kiddiekips.com. It is your responsibility to check our website periodically for changes: www.kiddiekips.com. Your continued use of or access to our Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 30 – SURVIVAL

The terms and conditions providing for any activity following the termination or expiration of this Terms of Use, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of this Terms of Use, shall survive the termination or expiration of this Terms of Use.

SECTION 31 – CONTACT US

If you have any questions about this Terms of Use, the Services, please email us at admin@shop2aspire.us.