TERMS AND CONDITIONS OF USE
Welcome to littlepeanutonthego.com, the website and app provided by Karimack Productions, LLC and Little Peanut On The Go™ (collectively referred to as “our,” “us,” and “we”).
Please read all of these Terms and Conditions of Use (“Terms”) carefully. You acknowledge, agree, and understand that you are legally bound by these Terms by your use of this website and related websites, apps, software, services, and mobile services offered by us (collectively referred to as the “Products”). The software and app Products made available through us are licensed, not sold, to you.
Your continued use of any Products indicates your review and acceptance of these Terms. If you do not agree to be bound by these Terms, you should not use the Products.
We reserve the right to amend or modify these Terms at any time, without notice, and all such amendments or modifications will immediately become incorporated into these Terms. It is your responsibility to review these Terms from time to time for any revisions. If you do not agree to be bound by the amended and modified Terms, you should discontinue use of the Products.
When using the Products, you agree to provide and maintain true, accurate, current, and complete information (“Information”) when registering for the Products, and to use the Products in a lawful and responsible manner. If we have reasonable grounds to suspect that you provided false Information, we reserve the right to suspend or terminate your account.
Do not reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your user identification and password, and you should monitor who you allow to use and access your account. You are responsible for all activities that occur on or through your account. You should notify us immediately of any suspected unauthorized use of your account. We are not responsible for any losses arising out of the unauthorized use of your account.
We may keep your Information and disclose it if required to do so by law or if we believe in good faith that such disclosure is reasonably necessary to comply with the law or legal process, or to enforce these Terms.
When downloading or using the Products for no charge, you may have the ability to use some but not all of the features and functions. Certain features and functions of the Products require purchase. We reserve the right to modify the purchase prices at any time and without notice.
Through the website and app, you will have the ability to enter into agreements or make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this website and the app, including notice of cancellation, policies, contracts, and applications.
All fees are quoted and payable in US dollars, unless otherwise stated. Prices are subject to change at any time and we do not provide price protection or refunds in the event of a price reduction or promotional offering.
In order to make a purchase, you will have to provide us or a third party provider with a valid credit card or other form of payment we or the third party provider designate in our sole discretion. You represent that your use of the credit card or other accepted form of payment is authorized and that all information that you submit to us, or the third party provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information). We, or the third party provider may reverse a transaction if we have a reasonable, good faith belief that such transaction, alone or with other transactions, is illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity).
The forms of payment that we accept for purchase may include one or more forms of payment offered by a third party provider. In such case, your payment may be made directly to such third party and not to us. Such third party will be responsible for your payment, including cancellations and refunds, and the terms and conditions associated with your payment will be as set forth in the agreement between you and the applicable third party provider.
You agree to pay for any Products you use. You are responsible for the timely payment of all fees and for providing a valid form of payment for all fees. EXCEPT AS OTHERWISE STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL. If you believe you have been charged an incorrect amount, please notify us immediately.
Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively referred to as “Taxes”). In the event that Taxes apply, we or the third party provider, as applicable, will collect the required Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Products, except for Taxes as described in this section or as required by applicable law.
We and any third party provider reserve the right to modify the payment policies at any time and without notice.
Any promotions, including a free trial, that we offer that provides additional access to features and functions for which a fee is typically charged, must be used within the time period specified. Prior to the end of such time period, you will be required to either (1) pay the fees to purchase such additional features or functions or (2) cancel the additional features or functions.
The Products may allow you and other third parties to post information, text, messages, opinions, advice, reviews, comments, photographs, and other materials that will be accessible by visitors and members (“Public Content”). Public Content includes any information you submit outside of your account, such as on message boards or blogs. No password is needed to view or access Public Content. Any information posted outside your secure account is not private.
The Products may also allow you to post information, text, messages, opinions, advice, reviews, comments, photographs, and other materials that will be accessible only to you and other members specifically designated by you (“Private Content”). Private Content includes your family’s personal information that you submit and we collect to help organize and manage your life and share with your family and care providers. Private Content may include schedules, allergies, providers, shopping items, and packing items. Private Content is input into your secure account, which is only accessible to those whom you allow.
Public Content and Private Content are collectively referred to in these Terms as “Content.” All Content, whether publicly posted on or privately transmitted via the Products, cannot be resold and is the sole responsibility of the person from whom the Content originated and not of us or our members, governors, managers, or employees. We may review and delete any Content, in whole or in part, that in our sole judgment violates these Terms or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will we or our members, governors, managers, or employees be held liable for any loss or damage caused by your reliance on Content obtained through the Products.
We do not endorse or control the Content and we disclaim all liability with regard to such Content. It is your responsibility to evaluate the Content available through the Products. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content. We do not guarantee the accuracy, copyright compliance, legality, integrity, or quality of any Content.
We may remove Content and accounts containing Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violates these Terms. We reserve the right, in our sole discretion, to terminate access to the Products for any such violation. While we prohibit offensive and unlawful conduct and content on our website, you understand and agree that we are not responsible or liable for the Content posted on the website. You may be exposed to such materials and agree to use the Products at your own risk.
RIGHTS IN CONTENT
You are responsible for any Content you provide and any consequences related to such provision. By providing, uploading, and posting Content, you represent and warranty the following:
- You own all right, title and interest (including all intellectual property rights) in your Content (including all rights to the audio, video, or digital recording contained in your Content) or, alternatively, you have acquired all necessary rights in your Content to enable you to grant the rights in your Content described herein;
- You have paid or will be solely responsible to pay (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Products;
- You are the individual pictured or heard in your Content, or you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of majority) who appear or are heard in your Content to grant the rights described herein;
- You shall make such permissions available to us upon request;
- Your Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party; and
- You agree to keep all records necessary to establish that your Content does not violate any of the foregoing representations and warranties and to make such records available upon our request. You acknowledge that your consideration for the rights you grant under these Terms in and to your Content is, among other things, the tools and functionality provided for your use on the Products and the possibility of us to review or use of your Content. You will not receive any further compensation of any kind for your Content and you will not receive credit on or in association with the Content. Your Public Content will not be acknowledged, returned or held “in confidence” by us. We reserve the right in our sole discretion to remove or not post any Content, for any reason. We have no obligation to inform you of any decision to remove or not post such Content.
INTELLECTUAL PROPERTY RIGHTS
Little Peanut On The Go™ is a trademark of Karimack Productions, LLC. All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Karimack Productions, LLC. Any trademarks not owned by Karimack Productions, LLC that appear on the Products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. All content and compilation thereof on the Products, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, recipes, and the Products, is the property of Karimack Productions, LLC, its licensors, or its product suppliers, and is protected by United States and international copyright laws. Material, including, but not limited to, the material listed above, should not be duplicated, reproduced, published, modified, copied, transmitted, or used without the prior express written permission of Karimack Productions, LLC. You are not granted any right or license with respect to any of the intellectual property set forth herein. Any rights not expressly granted herein are reserved.
The contents of this website and the app are © 2015 Karimack Productions, LLC. All rights reserved.
Subject to payment therefor and compliance with these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to install and use one copy of the app per mobile device solely to use the Products to the extent you have the right to access the Products. Your right to access the Products will be limited by these Terms. Except for this license granted to you, we retain and reserve all right, title, and interest in and to the Products, including all related intellectual property rights. The Products are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Products; (b) rent, lease, or sublicense the Products; nor (c) circumvent or disable any security or technological features or measures in the Products.
When you post Public Content, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any lawful purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.
RESTRICTIONS ON USE
You agree to use the Products for your personal use. You agree to refrain from using the website, the app and the Products to:
- Upload, post, transmit, or otherwise make available any Public Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URLs), or any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Create a false identity, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, transmit, or otherwise make available Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, transmit, or otherwise make available Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
- Upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Products, apps, website, or servers or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website or the app;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, cyber-stalk, cyber-bully, or otherwise harass another, or harvest, collect, or store personal data about other users;
- Use any automated means to access the website, the apps or the Products or collect any information from the website, the apps or the Products (including, without limitation, robots, spiders, or scripts); or
- Frame the website, the apps or the Products, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
The Products include mobile features that allow you to access information in your account from your mobile phone. Your mobile service provider may charge for use of the features. Message and data rates may apply. Currently supported mobile operators are subject to change.
The app contains a feature that allows it to automatically update to incorporate new versions. If you interrupt or disable this feature, your copy may not operate correctly. The app may contain a feature that is used to automatically disable it to ensure that you do not use the app longer than the term of your license to use it. You acknowledge that upon the expiration of your license to use the app, it may cease to function in some or all respects, and you may lose access to the app and data made with or stored using the app. You acknowledge that the disabling of the app is a key feature of the license rights and responsibilities conveyed under these Terms.
These Terms will remain in full force and effect while you use the Products, unless otherwise terminated as set forth here. You may terminate your use of the Products at any time, for any reason, by sending email to us at email@example.com. You agree that we, in our sole discretion, may terminate your account, user identification, password, and use of the Products, and remove and delete any Content within the Products, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the these Terms, including failing to deliver payment for any Products purchased by you. We may also, in our sole discretion, and at any time modify or discontinue providing the Products, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Products may occur without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Products. You agree that we shall not be liable to you or any third party for any modification or termination of your access to the Products, or for your inability to recover any Content.
DISCLAIMER OF WARRANTIES
The WEBSITE, THE Products (including all Content), and the app are provided “as is” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We make no representations or warranties of any kind with respect to the WEBSITE, THE Products or the app, or any contents therein. We assume no liability or responsibility for any errors or omissions in providing the Products, the app, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the website. WE MAKE NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE EXPRESS DISCLAIM ANY LIABILITY RELATING THERETO. We expressly disclaim all EXPRESS AND IMPLIED representations and warranties relating to the Products, the app, the content, and the website, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement. In addition, we do not represent or warrant that the information on or accessible via the website, THE APPS or through the Products is complete or current.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT KARIMACK PRODUCTIONS, LLC, ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE MANAGERS, OFFICERS, GOVERNORS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, ANY MATERIAL OR INFORMATION SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR THE APPS. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES OR INCLUDED IN THIS WEBSITE OR THE APPS BY ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL KARIMACK PRODUCTIONS, LLC, ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE MANAGERS, OFFICERS, GOVERNORS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF USE), ARISING FROM YOUR USE OF OR RELIANCE UPON THIS WEBSITE, THE APPS, ANY MATERIALS CONTAINED HEREIN, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THIS WEBSITE, EVEN IF KARIMACK PRODUCTIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, ITS MATERIALS, OR ANY PRODUCTS OBTAINED FROM KARIMACK PRODUCTIONS, LLC, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEMS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF KARIMACK PRODUCTIONS, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WHICH OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS KARIMACK PRODUCTIONS, LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless Karimack Productions, LLC, its affiliates, managers, governors, members, employees, representatives, agents, successors or assigns from and against any and all claims, liabilities, demands, damages, and expenses (including attorneys’ fees and court costs) arising out of, resulting from, or connected with the use, modification, misinterpretation, misuse, or reuse by you of the website, the app or the Products, including any Content sent or posted by you, as well as any breach by you of these Terms.
THIRD PARTY INFORMATION AND WEBSITES
The website, the apps and Products may display advertisements. We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any websites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such websites. WE ARE NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE OF THE WEBSITE. Your business dealings with, or participation in promotions of, other third parties, users, or advertisers found on or through the website or the Products, and any other policies, terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party, user, or advertiser. You are responsible for viewing and abiding by the policies and terms of us posted in such third party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties, users, or advertisers on the website or the Products.
Karimack Productions, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and relationship between you and us is governed in accordance with the laws of the State of Minnesota, USA, as such laws are applied to agreements entered into and to be performed entirely within Minnesota between Minnesota residents, without reference to its principles of conflicts of laws. You hereby irrevocably submit to venue and exclusive personal jurisdiction in the federal and state courts in Hennepin County, Minnesota, USA for any dispute hereunder and waive all objections to the appropriateness or convenience of venue and jurisdiction of such courts.
Notwithstanding any statute or law to the contrary, you agree that any claim under these Terms must be filed within six (6) months after such claim or cause of action arises and that failure to do so will permanently bar such claim or cause of action.
In the event that you have a dispute with one or more users of the website, the apps or the Products, you release Karimack Productions, LLC (and our managers, governors, agents, affiliates, agents, representatives, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code 1542, which says: ” A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You may not export or re-export the Products without our prior written consent and you must comply with all applicable export control laws and obtain any necessary permits and licenses.
Karimack Productions, LLC shall not be liable for any interruption, delay or failure to perform when such interruption, delay or failure results from causes beyond its reasonable control or as a result of a force majeure event, including strikes, lockouts or other labor difficulties; acts of any government, riot, terrorism, insurrection or other hostilities; epidemics, embargo, fuel or energy shortage, earthquakes, fire, flood, acts of God, wrecks or transportation delays; or delay or interruption of telecommunication services.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. By using the website, the apps or the Products, you consent to receiving electronic communications from us. These communications may include notices about your account and Product related information. You agree that any notice or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. These Terms compose the entire agreement between you and us and supersede all prior agreements between the parties regarding the subject matter contained herein. If any part of these Terms is declared invalid, void or unenforceable, the remainder of the Terms shall not thereby be invalidated or voided, but such parts shall be deemed modified to the extent required to make it enforceable, or, if necessary, the Terms shall be deemed to be amended to delete the unenforceable parts and the remainder of the Terms shall have the same force and effect as if such parts had never been included herein.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
LAST UPDATED: January 2015