PRUDENT KIDS WEBSITE: TERMS AND CONDITIONS / PRIVACY
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE PRUDENT KIDS WEBSITE, AS WELL AS TO THE REGISTRATION OF A PARTICIPANT AT A PRUDENT KIDS SEMINAR (“SEMINAR”). PLEASE READ THESE TERMS CAREFULLY AND FULLY. BY CLICKING THE “ACCEPT” BUTTON, OR CONTINUING TO USE THE PRUDENT KIDS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
The terms “you”, “your”, “yours” and “Customer” means you and all persons and business organizations on whose behalf you have received and/or utilized the Prudent website, goods or services. The terms “we,” “us” and “our” refer to Prudent Consulting Group, LLC, doing business as Prudent Kids. These Terms apply only to information collected through Prudent’s website and not to information collected offline.
SECTION 1. CONDITIONS FOR USE OF PRUDENT WEBSITE.
1.1 Authorized User, Use And Responsibilities – You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself to these Terms; (ii) you consent to be bound by these Terms; and (iii) the information you supply to us is correct and complete. You understand that Prudent relies on the information you supply, and that providing false or incorrect information may result in the withholding, delay or suspension of the delivery or performance of any Prudent service, Seminar or product. You agree to promptly notify Prudent whenever your personal or billing information changes, including, but not limited to, your name, address, telephone number, and credit card number and expiration date.
1.2 Service Provided At Prudent’s Discretion – Prudent, at its sole discretion, may refuse to accept your request for any service, purchase of a product, or registration for a Seminar.
1.3 Disclaimer Of Warranty For Prudent Website – Prudent provides its website and the contents therein on an “AS IS” basis and makes no warranty or representation regarding any product, service or Seminar, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, all of which are hereby expressly disclaimed unless otherwise stated herein. You understand and agree that the Internet is not owned, operated, managed by, or in any way affiliated with Prudent, and that Prudent is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Internet.
1.4 Errors On And Changes To Prudent Website – Despite continuing efforts to ensure that the information on the Prudent website is accurate, complete and current, there may be instances when information about Prudent, its services or products contains inaccurate or incomplete data, including data about the price or availability of a Prudent product or Seminar. Prudent makes no warranty or guarantee that the information on the Prudent website is error-free, complete, or current. Prudent expressly reserves the right to correct errors and/or update these Terms, and the content on our website at any time without notice. Prudent also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, irrespective of whether the order has been confirmed and/or your payment has been processed. If your order is canceled after your payment has been processed, Prudent will issue a full refund to the original pay type.
SECTION 2: PRIVACY.
2.1 Collection Of Information – Prudent collects information from you when you register on its website, place an order, subscribe to our newsletter, respond to a survey, or fill out a form. Prudent respects and understands the importance of privacy and security for its online customers.
2.2 Use Of Information – Any information collected is used by Prudent to contact customers for marketing and operational purposes, to improve and personalize your experience with Prudent, and/or to improve the Prudent website. Persons who supply us with their telephone number or e mail address online may receive telephone or e-mail contact from Prudent with the information regarding special promotions, new products and services or upcoming events. Your personal information will only be disclosed as required by law. However, non-personally identifiable information may be provided to other parties for marketing, advertising or other uses.
2.3 Security Of Personal Information – Prudent implements a variety of safety measures to maintain the safety of your personal information. All sensitive/financial information is transmitted via Secure Socket Layer technology and encrypted into Prudent’s payment gateway providers database, which is only accessible by Prudent. After a transaction with Prudent, your private information (credit card numbers, Social Security numbers, etc.) will not be stored on our servers.
2.4 Third-Party Advertising – Prudent uses Google as a third-party vendor to host ads on the Prudent website. Google’s use of the DART cookie enables it to serve ads to Prudent’s website users based on their visit to the Prudent website and other websites on the Internet. Users may opt out of the use of the DART cookie. Please visit www.google.com/privacy_ads.html for more information.
2.6 Third-Party Links – Occasionally and at Prudent’s discretion, Prudent may include information regarding third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content of these third-party sites or their respective privacy policies. Nonetheless, we seek to protect the integrity of our website, and welcome any feedback about these third-party sites.
2.7 California Online Privacy Protection Act Compliance – Because Prudent values your privacy, Prudent has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. Prudent therefore will not distribute your personal information to outside parties without your consent.
2.8 Children’s Online Privacy Protection Act – Prudent is in compliance with the requirements of the Children’s Online Privacy Protection Act. Prudent’s website, products and services are all directed to people who are at least 13 years old or older. Prudent has no intention of collecting any personally identifiable information (such as name, address, telephone or email address) from individuals under 13 years of age. If Prudent becomes aware of a child having provided us with personally identifiable information, Prudent will take all reasonable steps to delete such information from Prudent’s website.
SECTION 3. GENERAL TERMS.
3.1 Damages – In no event shall Prudent, its owners, affiliates, or their respective officers, directors, employees, representatives, agents, successors or assigns be liable for special, incidental, consequential, punitive, indirect, or other special damages resulting from your use of the Prudent website, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, irrespective of whether Prudent was advised of the possibility that any such damages may exist.
3.1.1 Prudent will not be liable for delays, damages or failures in performance by Prudent due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or other things we do not control, or an inability to obtain necessary equipment or services.
3.2 Governing law – These Terms are to be exclusively governed and construed according to the laws of the State of Nevada. No choice of law rules of any jurisdiction will apply.
3.3 Jurisdiction – You consent to the exclusive personal jurisdiction of and venue in a court located in Clark County, Nevada for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of these Terms, or with respect to any Prudent product, Seminar or service.
3.4 Severability – If any provision of these Terms is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case these Terms will immediately terminate.
3.5 Indemnification – You agree to defend, indemnify and hold harmless Prudent from and against all liabilities, costs and expenses, including reasonable attorney fees, related to or arising from: (a) your violation of applicable laws, regulations or these Terms; (b) your negligent acts, errors, or omissions; or (c) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Terms, except to the extent that such liabilities arise from the gross negligence or willful misconduct of Prudent.
3.6 Notices – Notices required under this Agreement by you shall be provided to Prudent at the following address: Prudent Kids, P.O. Box 531051, Henderson NV, 89053-1051. Notices by Prudent to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to these Terms shall be deemed given upon posting to the pages on the Prudent website.
3.7 Waiver – Prudent’s failure at any time to insist upon strict compliance with any of the provisions of these Terms in any instance shall not be construed to be a waiver of such terms in the future.
3.8 Integration – This Agreement is the entire agreement between you and Prudent. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.