Wonderlab Kit Terms and Conditions
Effective Date: September 30, 2020
USE OF THE KIDHANCE’S WONDERLAB KIT SUBSCRIPTION PROGRAM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
By enrolling into the Kidhance’s Wonderlab Kit subscription program (the "Program"), you: (i) agree to these terms and conditions ("Terms"), including but not limited to the Agreement to Arbitrate and Notice of Privacy Practices (ii) agree to comply with all applicable laws; (iii) acknowledge that you are at least 18 years of age and are legally able to enter into a contract; and (iv) acknowledge that you are opting-in to a subscription for the monthly delivery of products (each delivery, a "Box").
These Terms are subject to change at any time with prior notice to you, for example, via email or a prominent notice on the Program website; your continued use of the Program after any changes have been made will constitute your acceptance of any such changes. If you do not wish to continue with the Program under the new changes or if you wish to end your participation in the Program, please see the Cancellation Policy for Monthly Subscription Renewals.
Except as set forth to the contrary in these Terms (which will govern in the event of any conflict), all of the policies, terms, and conditions for purchases made on macys.com apply to the Program.
ABOUT THE PROGRAM
The Program is a monthly educational product subscription program operated by Kidhance, LLC and its affiliates (collectively, "Kidhance’s", "we", or "us"). Due to the high demand for such a subscription program, you may not be able to subscribe to the Program; if you are interested in subscribing once the Program can accommodate new subscribers, you may sign up to be notified by joining the Program waitlist. The Program waitlist may be terminated at our sole discretion.
In order to become a monthly subscriber of the Program, you must log in to your Kidhance’s profile or, if you do not already have a Kidhance’s profile account, you must create a Kidhance’s profile account on kidhance.com. In order to sign up for the Program, you must have a valid payment card with sufficient funds for the first month's charge for the Program, according to the then current Program subscription rate. By becoming a monthly subscriber of the Program, you agree and acknowledge that you are opting-in to a monthly product subscription and that Kidhance’s will charge the payment card that you have provided to us for the initial and recurring monthly payment charges at the then-current Program subscription rate plus any taxes. You also agree and accept responsibility for all recurring charges prior to any cancellation by you or by Kidhance’s. At this time, Kidhance’s does not accept gift cards, or any loyalty rewards as forms of payment for the Program.
Your subscription will be automatically renewed for successive monthly periods and your payment card will automatically be charged for each successive monthly period at the then-current subscription rate plus any taxes, until youcancel your Monthly Subscription renewal.
Subscriptions are limited to one per Kidhance’s online profile.
If any problems arise with the delivery address or payment method associated with your subscription, we will notify you via email using the email address associated with your subscription or stored in your Kidhance’s online profile asking that you resolve the problem. Your subscription will be suspended and no additional Boxes will be processed or delivered until you have resolved the problem through your Kidhance’s online profile. If you fail to resolve the problem through your Kidhance’s online profile, then your subscription will be canceled.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS
You may cancel at any time by logging on to your Kidhance’s online profile and following the cancellation procedures there. You can also email Kidhance’s Customer Support at email@example.com. To cancel shipment of your next month's Box, you must cancel by the 10th of the current month. If you cancel after the 10th day of the current month, you will receive and be charged for the next month's Box and your subscription will be canceled from that point forward.
Due to federal shipping regulations and the limitations therein, we cannot offer the Program to customers in Alaska, Hawaii, U.S. territories, or with APO/FPO/GPO addresses or PO boxes.
PERSONAL USE ONLY AND FRAUD PROTECTION
The Program is intended for personal use only and not for resale. Kidhance’s may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order or suspend your subscription due to suspected fraud or unauthorized illegal activity.
If for any reason you are unhappy with your Box or if there were any problems with your order, please email Kidhance’s Customer Support at firstname.lastname@example.org and we will be happy to assist you. Products included as part of each monthly Box cannot be returned unless they arrive to you in a damaged condition, in which case Kidhance’s will either, at its election, refund your monthly subscription fee or replace your damaged products with the same products or products of equal or greater value. This is an exception to our standard Returns Policy.
Except as otherwise stated below in the Agreement to Arbitrate, Kidhance’s reserves the right to cancel or modify the Program at any time, including without limitation, to modify the monthly subscription fee. Kidhance’s will provide you with prior notice of any material change (including any change in the monthly subscription fee). If you do not agree with any change, you may cancel your subscription as set forth in these terms and conditions.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL KIDHANCE’S, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES ASSOCIATED WITH THE PROGRAM (COLLECTIVELY, THE "KIDHANCE’S PARTIES"), BE LIABLE TO YOU OR ANY ENTITY AFFILIATED WITH YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, WHETHER BASED UPON WARRANTY, CONTRACT, OR TORT. THIS LIMITATION OF LIABILITY PROVISION SHALL SURVIVE ANY TERMINATION OF YOUR WONDERLAB KIT SUBSCRIPTION OR THE RELATIONSHIP BETWEEN YOU AND KIDHANCE’S, INCLUDING THE BANKRUPTCY OF ANY PARTY OR ANY TRANSFER IN OR CHANGE OF CONTROL OF KIDHANCE’S. THE PARTIES AGREE THAT, TO THE EXTENT THIS LIMITATION OF LIABILITY PROVISION IS NOT ENFORCEABLE, IN WHOLE OR IN PART, UNDER APPLICABLE LAW, THE COURT SHALL MODIFY OR SEVER THIS PROVISION TO COMPLY WITH APPLICABLE LAW BUT ONLY IN THE PARTICULAR JURISDICTION IN WHICH THIS PROVISION WAS DETERMINED TO BE IN CONFLICT WITH APPLICABLE LAW. THESE TERMS ARE BINDING IN NEW JERSEY BUT SOME OTHER JURISDICTIONS LIMIT CONSUMER LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE PROVISIONS ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE KIDHANCE’S PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PROGRAM. THIS INDEMNIFICATION PROVISION SHALL SURVIVE ANY TERMINATION OF YOUR WONDERLAB KIT SUBSCRIPTION OR THE RELATIONSHIP BETWEEN YOU AND KIDHANCE’S, INCLUDING THE BANKRUPTCY OF ANY PARTY OR ANY TRANSFER IN OR CHANGE OF CONTROL OF KIDHANCE’S. THE PARTIES AGREE THAT, TO THE EXTENT THIS INDEMNIFICATION PROVISION IS NOT ENFORCEABLE, IN WHOLE OR IN PART, UNDER APPLICABLE LAW, THE COURT SHALL MODIFY OR SEVER THIS PROVISION TO COMPLY WITH APPLICABLE LAW BUT ONLY IN THE PARTICULAR JURISDICTION IN WHICH THIS PROVISION WAS DETERMINED TO BE IN CONFLICT WITH APPLICABLE LAW.
AGREEMENT TO ARBITRATE / DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A CLASS / COLLECTIVE / CONSOLIDATED / REPRESENTATIVE ACTION WAIVER.
Most customer concerns can be resolved by emailed Customer Service at email@example.com. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Claims (as defined below) are resolved through arbitration.
In this Agreement to Arbitrate, the term "Kidhance’s" includes Kidhance’s, Inc. and any of its affiliates or subsidiaries (regardless of tier and including but not limited to Kidhance.com, LLC), and any persons or entities (including agents or employees) related to Kidhance’s, Inc. or its affiliates or subsidiaries.
THIS SECTION PROVIDES THAT CLAIMS (AS DEFINED BELOW) BETWEEN YOU AND KIDHANCE’S MUST BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR FILE OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1-16 ("FAA"), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.
You and Kidhance’s agree that any claim, dispute, or controversy arising out of or relating to your Wonderlab Kit subscription (except claims, disputes, or controversies concerning the validity, enforceability, or scope of any part of this Agreement to Arbitrate) shall be subject to binding individual arbitration (hereinafter "Claim" or "Claims"). IN ARBITRATION, NEITHER YOU NOR KIDHANCE’S WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM. BOTH PARTIES HEREBY AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL OR OTHER TRIAL IN COURT.
By agreeing to the Terms, you and Kidhance’s agree that any and all Claims against each other may be brought only on an individual basis in arbitration, as set forth in this Agreement to Arbitrate. You and Kidhance’s agree to forgo/waive any right or ability to file, or participate in, any class, collective, consolidated, or representative action/proceeding against the other party and instead agree to arbitrate all Claims against the other party on an individual basis only. You and Kidhance’s agree that Claims of two (2) or more persons may not be combined or consolidated in the same arbitration. You and Kidhance’s agree that the arbitrator has no authority or power to arbitrate or otherwise decide any Claim on a class, collective, or other representative basis, and may award relief only on an individual basis. The arbitrator also has no power or authority to rule on his/her own jurisdiction or to determine the validity, enforceability, or scope of any part of this Agreement to Arbitrate.
All Claims are subject to arbitration, no matter what legal theory the Claims are based on and no matter what remedy (including any type of monetary relief (including but not limited to damages and penalties) and including any type of injunctive, declaratory, or other equitable relief) the Claims seek, including but not limited to: Claims based on contract, tort (including but not limited to intentional torts), fraud, agency, negligence, equity, qui tam, deceptive trade practices, any statutory or regulatory provisions (federal, state, or otherwise), or any other sources of law (federal, state, or otherwise); Claims made as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; Claims made regarding past, present, or future conduct; your application for the Wonderlab Kit subscription; and any benefits and/or services related to the Wonderlab Kit subscription. You agree not to sell, assign, or transfer any Claim.
Arbitration shall be administered by the American Arbitration Association ("AAA") according to this Agreement to Arbitrate and the applicable AAA consumer arbitration rules (except any AAA or other rules permitting class, collective, consolidated, or representative arbitrations, which rules are not part of this Agreement to Arbitrate and are not applicable) in effect when the Claim is filed (hereinafter "AAA Rules"). If there is any conflict (express or implied) between the AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. You can obtain copies of the AAA Rules at AAA's website (www.adr.org) or by calling 800-778-7879. You or Kidhance’s may choose to have an in-person arbitration hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person arbitration hearing will be held within 50 miles of your billing address, unless you and Kidhance’s agree on a different location.
Arbitration shall be initiated in accordance with the AAA Rules. The arbitration shall be conducted by a single arbitrator in accordance with this Agreement to Arbitrate and the AAA Rules. Both you and Kidhance’s shall participate equally in the selection of the arbitrator. The parties shall request AAA to provide a panel of seven (7) neutral arbitrators from AAA's national roster of arbitrators along with materials showing the background of each arbitrator on the panel provided. Within seven (7) calendar days after the panel is received, the parties shall take turns striking unacceptable arbitrators from the panel until only one remains. The parties then shall inform AAA of the remaining arbitrator who will decide the dispute. If both parties agree that the remaining arbitrator is unacceptable, the parties may request a second panel from AAA and the selection process will begin again. If both parties agree that no one on the second panel is acceptable, either party may request AAA to appoint an arbitrator who was not on either panel.
You and Kidhance’s agree to limit discovery in arbitration. Each party agrees to limit their respective discovery in arbitration to: (i) depositions of up to three (3) relevant individuals; (ii) service of one set of up to twenty (20) interrogatories (including subparts); and (iii) service of one set of up to twenty (20) requests for production of relevant documents. The party taking the deposition shall be responsible for all associated costs, including the cost of a court reporter, transcript, videographer, or video. Responses to interrogatories or document requests must be served within thirty (30) calendar days of receipt of the interrogatories or document requests. The arbitrator also may allow additional relevant and reasonable discovery consistent with this Agreement to Arbitrate.
The arbitrator must honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator must allow, and has the authority to grant, motions dispositive of all or part of any Claim. The arbitrator shall apply the substantive law, including the conflicts of law, of the state in which your billing address is/was located at the time you and Kidhance’s entered into this Agreement to Arbitrate. For Claims or defenses arising under or governed by federal law, the arbitrator shall follow the substantive law as set forth by the United States Supreme Court and by the United States Court of Appeals and United States District Court covering your billing address at the time you and Kidhance’s entered into this Agreement to Arbitrate.
The arbitrator shall have the authority to award individual monetary and non-monetary relief available under applicable law and the Program Terms. The arbitrator shall issue a written award and statement of decision explaining the findings and conclusions on which the award is based, including the calculation of any damages awarded. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute. No decision by an arbitrator shall serve as precedent in any other matter. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator's award is final and binding and is subject to judicial review only as allowed by the FAA or other applicable law.
You are responsible for paying the consumer filing fee required by the AAA Rules. Kidhance’s will pay the other costs for the parties to access the arbitral forum that are required by AAA. The parties are otherwise responsible for their own attorney's fees, expert fees, and any other costs and expenses incurred, unless applicable law allows the arbitrator to award such fees, costs, or expenses to you for prevailing on a Claim.
Kidhance’s may modify this Agreement to Arbitrate upon giving sixty (60) days advance written notice to you. Any such modification shall be effective sixty (60) days after the written notice is provided to you, will only apply prospectively, and will not apply to any Claims that have arisen or accrued before the effective date of the modification. Your continued use of the Program after the effective date of the modification will constitute your acceptance of, and agreement to, any such modification. In the absence of such advance written notice, if the Claims arose or accrued before the effective date of the modification, or if the modification is not allowed by a court in the applicable jurisdiction, the Agreement to Arbitrate that was in effect before the modification shall govern the parties' dispute.
This Agreement to Arbitrate shall survive any termination of your Wonderlab Kit subscription or the relationship between you and Kidhance’s, including the bankruptcy of any party or any transfer in or change of control of Kidhance’s. If any terms or parts of this Agreement to Arbitrate are deemed invalid or unenforceable under applicable law, the other terms/parts of this Agreement to Arbitrate shall remain in full force and effect, except that you and Kidhance’s agree that there will never be any arbitration of any Claims on a class, consolidated, collective, or representative basis.
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