Testing Single Address Line
Test 100 Martine Ave, White Plains, NY 10601, USA
Test 100 Martine Ave, White Plains, NY 10601, USA
Last Revised: October 20, 2025
In the text that follows, the terms “we”, “us”, “our” or “KAC” refer to Kids’ Activity Center L.L.C. The term “you” refers to any person or entity visiting www.kidsactivitycenter.com (“Website”), or any person of entity using the Website to market their activities, services or products (collectively “Activities”).
If you are a supplier or provider of Activities (“Supplier”), this Website is provided solely to assist you in marketing your Activities to parents and/or legal guardians, and for no other purposes. If you are a parent, this Website is provided solely to assist you in finding Activities for your children, and for no other purposes. Please read these Terms of Use carefully and be aware that these Terms of Use contain waivers of liability as well as waivers of class action, venue selection, and notice requirements, and also contain arbitration/dispute resolution provisions.
We offer the Website, including all information, tools and services available from the Website to you conditioned upon your acceptance without modification of these terms and conditions contained herein and other policies and/or notices stated in this document, including without limitation our Privacy Policy, also available on our Website (collectively, “Terms of Use”). By visiting our Website, posting an advertisement on the Website, or utilizing the services of any Supplier listed on the Website, you are agreeing to these Terms of Use and agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, you must not use our Website, contact us, or utilize any services of a Supplier listed on the Website.
As a condition of your use of the Website, you represent and warrant to KAC that:
We reserve the right at our sole discretion to deny access to the Website and the services we offer at any time for any reason, including but not limited to, for violating these Terms of Use.
Suppliers may post advertisements for their Activities on the Website for predefined time frames, such as 30, 90, 180, or 365 days. Suppliers have the ability to temporarily hide their ads at any time if they do not wish to be contacted by parents. For example, if a Supplier posts a 30-day ad for music lessons starting June 1st and their schedule fills up by June 3rd, the Supplier may deactivate the ad to prevent receiving further inquiries they cannot accommodate. If the Supplier wishes to accept more participants later, they may reactivate the ad (e.g., on June 12th), after which it will be visible to parents again. However, the original expiration date of the ad remains unchanged (e.g., June 30th for a 30-day ad posted June 1st).
Suppliers may activate and deactivate their ads as frequently as they wish, but the overall posting period (30, 90, 180, or 365 days) counts continuously from the original posting date and is not extended or renewed by such activations or deactivations.
All ads will be automatically deleted from the Website two years after their expiration date.
All Activities are owned, controlled or otherwise made available, either directly or indirectly, by independent third parties, including, without limitation, camps, childcare providers, schools, venues (e.g., mini golf and amusement parks), events (e.g., craft fairs, concerts in parks), instructors (e.g., tutors for math, piano, sports, etc.), sports teams, tournaments, and other providers of Activities (“Suppliers”). The Suppliers, and not KAC own, operate and provide the Activities that appear on, or are used in connection with, the Website; your interaction with Suppliers is at your own risk, and KAC shall not have any liability, obligation or responsibility in connection with any Supplier. The Website is designed solely for providing a marketing platform for parents to discover and independent research Activities, and for Suppliers to market and advertise their activities, and except for fees paid by Suppliers to post their ads, KAC does not receive any other payments from Website users. KAC is not, and shall not be deemed, the merchant of record in connection with the purchase of Activities by parents, guardians or other users of the Website (regardless of whether the Website facilitates the same or not). The Website may be accessed and used throughout the United States as well as internationally and may contain references to services not available in all states of the United States or in all countries or jurisdictions. References to a particular feature or component of the Website does not imply that we intend to make such aspects of the Website available in all states, countries, or jurisdictions, and no warranty or representation is given that the Website (or any components or features thereof) will be available for all users.
In addition to other prohibitions as set forth in other sections of these Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, county or local regulations, rules, laws, or 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, or conduct fraudulent or deceitful activities; (g) 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 Website or any related site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related site, other websites, or the Internet. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website, or any Activities on the website that are not created by you, without the express written permission by us. We reserve the right to terminate your access to the Website (and if you are a Supplier, remove your advertisements or other content without notice) if you violate any of the aforementioned prohibited uses listed in this section, or if you otherwise violate these terms of use, or for any other reason or no reason, in our sole discretion. If you have conducted fraudulent, illegal, or deceitful activity, or any activity contrary to the public policy, we reserve the right to take any legal action against you, and avail ourselves of any legal remedies at law or in equity, and you may be liable for losses, including litigation costs and damages and reasonable attorney’s fees. Violation of these Terms of Use may require us to notify law enforcement, when legally required, and without limitation to the foregoing, child exploitation or similar crimes shall be reported immediately to law enforcement.
As described above, we reserve the sole and absolute right to remove or disable any advertisement posted by Suppliers on the Website that we, in our sole discretion, determine to be in violation of these Terms of Use, including without limitation, advertisements that contain false, misleading, unlawful, or inappropriate content, or that otherwise breach applicable laws or regulations. Suppliers acknowledge and agree that in the event an advertisement is removed or disabled due to such violations, they shall have no claim against KAC for any refund, credit, reimbursement, or compensation of any kind.
Through our Website we may provide you with access to third-party software and tools (“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 optional tools offered through the Website 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). We may also, in the future, offer new services and/or features through the Website (including the release of new Tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
Certain content, products and services available via our Website may include materials from third parties, including without limitation, Suppliers. Third-party links on this Website may direct you to third-party websites 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 materials or websites, or for any other Activities, materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, feedback on Activities or Suppliers, or other materials, whether online, by email, by postal mail, 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 submit to us or our Website. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You represent and warrant to KAC that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further represent and warrant to KAC that your 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 Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself or the company you represent, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
The Website is owned and operated by KAC and as such all content of the Website belongs to KAC. All rights reserved; this includes, without limitation, all copyright, trademark, patent, intellectual and other property rights including but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on this Website, and no express or implied license is granted in respect thereof. All intellectual and other property rights are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Any unauthorized use or reproduction of the intellectual information or proprietary rights contained in this Website is strictly prohibited. Other logos, products and company names available on or through the Website may be the trademarks of their respective owners. We are not responsible or liable for content on websites operated by third parties.
We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you have an intellectual property rights-related complaint about material posted on the Website, you may contact our DMCA designated agent at the following address: 691 Wicklow Way, River Vale, NJ 07675, phone number: 551-252-5363, and email address: info@kidsactivitycenter.com. Please note that this procedure is exclusively for notifying us that your copyrighted material may have been infringed. All intellectual property infringement claims shall be made under penalty of perjury. Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must comply include the following information:
Upon receipt of a valid DMCA notification, we will expeditiously remove or disable access to the allegedly infringing material and notify the user who posted it. KAC will promptly terminate the ability of users that are determined by KAC to be repeat infringers from supplying content to the Service. You may submit a counter-notice if they believe content was wrongly removed, containing the required information as set out in 17 U.S.C. § 512(g)(3). By complying with the DMCA notice-and-takedown procedures and maintaining a registered DMCA Agent, we seek to qualify for the DMCA safe harbor protections under 17 U.S.C. § 512.
When you use the Website or send emails to KAC you are communicating with, and consent to receive communications from, KAC electronically. KAC will communicate with you by email or by posting notices on the Website. You agree that all documents, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.
KAC may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, contact us, determine your location, and other similar activities. By accepting these Terms of Use, you consent to our use of any personal information required to provide or operate these features. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.
We are committed to excellence in dealing with users of our Website so we will try to address your concerns in case any problems arise. Prior to proceeding with arbitration or any other type of formal proceeding, legal or otherwise, you agree to give us the opportunity to resolve any dispute, controversy or claim related to the Website (“Claim”) by contacting us by email at info@kidsactivitycenter.com. All Claims and Claim resolutions are subject to these Terms of Use. Please note that any issues, disputes, questions or concerns with a Supplier must be directed to that specific Supplier and KAC shall have no liability, responsibility or obligation in connection therewith.
Any Claim arising out of or relating to our Website or these Terms of Use, whether in contract, tort, statute, or otherwise, including any breach thereof, shall be submitted to and decided by binding and confidential arbitration, except for (a) claims solely for injunctive or other equitable relief, (b) claims arising out of intellectual property rights for which a provisional remedy or equitable relief is sought, or (c) claims relating to a party’s obligation to indemnify the other party. Notwithstanding the foregoing, for any equitable or injunctive relief, or for any intellectual property claims, either party may elect to seek such relief in any federal or state court located in New Jersey and all parties consent to the exclusive jurisdiction and venue of the State of New Jersey in connection with any such actions. Arbitration shall be conducted in accordance with the Federal Arbitration Act (“FAA”) and the American Arbitration Association’s Commercial Arbitration Rules and Procedures then in effect.
Arbitration shall be conducted by one neutral arbitrator, unless either party elects to have a panel of three arbitrators; in such case, the party making such election shall appoint one arbitrator, the other party shall appoint a second arbitrator, and the two arbitrators shall, within ten (10) business days after appointment of the second arbitrator, appoint the third arbitrator. The arbitration shall take place in Bergen County, New Jersey, and shall be conducted in English.
Each party shall be responsible for its own costs incurred in connection with any arbitration. Any arbitral award or determination shall be final and binding upon the parties, and judgment may be entered on any award by any court of competent jurisdiction.
BY AGREEING TO THIS ARBITRATION PROVISION, THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY ARE WAIVING THE RIGHT TO LITIGATE IN A COURT OF LAW, AND TO TRIAL BY JURY IF APPLICABLE. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Notwithstanding anything herein to the contrary, any cause of action or Claim you may have arising out of or relating to these Terms of Use must be commenced in arbitration within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Your submission of personal information to us and/or our Website is governed by our Privacy Policy. You can access our Privacy Policy via our Website, or request a copy from us.
Minors are prohibited from accessing and using the Website alone; parents/guardians are responsible for supervising use of the Website by minors. KAC does not knowingly collect, use, or disclose personal information from children under the age of 13 without verified parental consent. Parents or legal guardians must provide consent for the collection, use, or disclosure of personal information from children under 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. We encourage parents to discuss online safety and privacy with their children and to monitor their children’s online activities.
Prices and availability of Activities are subject to change by Suppliers without notice. We will notify the applicable Suppliers of any errors, inaccuracies and/or omissions where discovered, and we have the right to correct any information or typographical errors contained in the Website without notice to you (or any liability, responsibility or obligation to you).
We cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of functions, features, operations, content or information regarding the Website or any Activity. We cannot and do not warrant your use of our Website, or the operation or function of our Website, or any component, feature, function, capability or offer will be uninterrupted or error free, or that defects or malfunctions will be corrected, or that the Website is free of viruses or other harmful elements, or concerning Activities, that they will be provided as described by the Supplier. Although we endeavor to engage in basic screening processes, we do not conduct background checks or detailed investigations on the Suppliers that post advertisements for, or otherwise market, their Activities on the Website.
Your use of our Website and any Activity is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with, connected to, or arising from attempted, alleged or actual use or access of our Website. We make no representations about the suitability, availability, timeliness and accuracy of the Website or any information contained therein. OUR WEBSITE AND THE CONTENT CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
In accordance with California Civil Code Section 1789.3, users of the Website are hereby informed of the following consumer rights:
KAC does not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We may remove the Website for indefinite periods of time at any time, or permanently, without notice to you. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuation of the Website. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
All content, information and material on the Website 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, which includes the applicable Supplier for any Activity. Any reliance on the content, information and material on this Website is at your own risk.
The Website 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 this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. KAC disclaims all warranties and conditions that the Website, its servers and email sent by us are free of harmful components. The content, information, material, and Tools available on the Website are provided ‘AS IS’ and ‘AS AVAILABLE’, ‘WITH ALL FAULTS’, 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.
In no case shall KAC, or our members, managers, officers, employees, affiliates, agents, contractors, or licensors be liable for any damages, 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 negligence), strict liability or otherwise, arising from your use of the Website or any of the Activities you discover and utilize due to your use of the Website, or for any other claim related in any way to your use of the Website or any Activity, including, but not limited to, any errors or omissions in any content, information or material, or any loss or damage of any kind incurred as a result of the use of the Website or any content, information or material (e.g., Activities) posted, transmitted, or otherwise made available via the Website or our promotional documentation, even if advised of their possibility.
IF DESPITE THE LIMITATION ABOVE, KAC IS FOUND LIABLE FOR ANY DAMAGES, INJURY, LOSS, CLAIMS IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE, THEN THE LIABILITY OF KAC WILL IN NO EVENT EXCEED IN THE AGGREGATE ONE THOUSAND DOLLARS (US$1,000.00). IF YOU DO NOT AGREE TO THIS LIMITATION ON KAC’S LIABILITY, YOU MUST NOT USE THE WEBSITE OR ANY ACTIVITIES ADVERTISED THEREIN.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive indefinitely and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of KAC and/or their respective successors and assigns.
To the fullest extent provided by law, you agree to indemnify, defend, release and hold harmless KAC and our members, managers, officers, employees, affiliates, agents, contractors, or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your use of the Website, or your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
KAC cannot accept liability (and shall not have any responsibility or obligation) where the performance or prompt performance of KAC or a Supplier is prevented or affected, or an Activity is cancelled, as a result of circumstances amounting to Force Majeure. “Force Majeure” means any event or circumstances which either party could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of third parties in connection with the Activity, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire, earthquake, volcanic eruption, and all similar events outside our control. In the case of Force Majeure, parents must work with the applicable Suppliers to obtain refunds, reschedule or obtain credits or other remuneration in connection with the Activities affected by Force Majeure. KAC shall have no obligation, responsibility, duty or liability, financial or otherwise, in connection with Force Majeure events.
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 deemed to be severed from these Terms of Use, such determination shall not affect the validity and right to enforce the other remaining provisions. The parties agree to substitute for such provision a valid enforceable provision which most closely approximates the intent and economic effect of such severed provision.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. If the above arbitration provision is ruled invalid, or otherwise not applicable, any controversy or claim arising out of or relating to these Terms of Use shall be brought exclusively in a court of competent jurisdiction located in Bergen County in the State of New Jersey.
These Terms of Use, together with our Privacy Policy, constitute the entire agreement and understanding between you and KAC, and govern your use of the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. The terms and conditions of these Terms of Use which by their nature extend beyond termination or expiration of these Terms of Use shall survive the termination or expiration of these Terms of Use to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.
Any notice or communication required or permitted under these Terms shall be given in writing by either party to the other in accordance with this section and will be deemed to have been received by the recipient: (a) if given by hand, immediately upon receipt; (b) if given by overnight courier service, the first business day following dispatch; (c) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail; or (d) if given by email, immediately upon receipt or twenty-four hours after delivery, whichever is sooner.
You can review the most current version of the Terms of Use at any time on our Website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. We will indicate the date that the Terms of Use were last updated at the beginning of the document. It is your responsibility to check our Website periodically for changes. Your continued use of our Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Questions about the Terms of Use should be sent to us at KAC by email at info@kidsactivitycenter.com. To report abuse, fraud, or suspected illegal activity, contact us at the above email immediately. KAC reserves the right to investigate and, where required, notify appropriate authorities.