Terms of Use
for the
KidsBooksByKids™ Writing & Book Club for Kids
Please read the Terms of Use for the Club carefully and in their entirety before participating in the KidsBooksByKids™ Writing & Book Club for Kids
(hereinafter referred to as the “Club”). The Club and any of the Club’s content are owned by Magnified Light Publishing.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Magnified Light Publishing.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, interacting on video chat (Zoom), trying, or otherwise engaging in the Club.
“You” or “Your” means the person or responsible person for the minor using the Club.
2. Consent:
By participating in the Club, you and on behalf of your child implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Club, you understand that Julie Koning is a Business Partner of Magnified Light Publishing and is not a formal teacher or educator.
This Club is for informational and educational purposes only. The information and education provided in this Club are not intended or implied to supplement or replace the professional advice of any licensed educator or other professional.
Although we do our best to make sure all of the Club’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Club’s information, or its safety or efficacy as it applies to you.
4. Assumption of the Risk
We will be meeting on Zoom. Only those who participants who have registered previously are allowed on the Zoom meeting. You should use your best judgment in using Zoom with your child and regarding the information provided in the Club, which is done at your own risk or risk for your child. It is your responsibility to discern the risk of using the Club or its content for yourself and child. You assume responsibility for your and your child’s actions, choices, or lack thereof, related to the Club.
5. Intellectual Property Ownership:
The Club and its content, including, but not limited to, KidsBooksByKids™ handouts or materials are intellectual property owned by Julie Koning and Magnified Light Publishing. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. Participation & Access Terms:
You cannot distribute, copy, forward, and/or share the Club or its content with anyone else.
You may not share your password or login information for the Zoom meetings with anyone. We want to protect the access for safety reasons. Please let us know if you would like another child to join the Club as we will need their parents’ or legal guardians’ permission.
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that a child will gain any skills by participating or being a member in the Club.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Club. We are not responsible for the success or failure of your or your child’s business, business decisions, income, sales, or any other result of any kind that you or your child may have as a result of your participation in the Club.
8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Club in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Club. The Club is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Club.
9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Magnified Light Publishing expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you or your child related to your purchase or use of, or your or child’s participation in, the Club, its materials, our website, or any other information obtained by you from us. By enrolling in the Club, you hereby agree to this limitation of liability and release Magnified Light Publishing from any and all claims.
By participating in and/or purchasing the Club, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Magnified Light Publishing, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or your or your child’s participation in the Club and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Club, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Magnified Light Publishing as stated in this section herein.
10. ARBITRATION CLAUSE:
If you or on behalf of your child have any complaint or should any issue arise in the use of the Club, please contact us directly first by emailing Julie Koning at magnifiedlightpublishing@pm.me.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Julie Koning and Magnified Light Publishing shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 miles of Royal Oak, Michigan.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Michigan. The only award that can be issued to you is a refund of any payment made to Magnified Light Publishing for the applicable Club or Program. You are not permitted to seek additional damages, including consequential or punitive damages.
11. Payment + Purchase Terms
This is a free club. If at any time there are club materials or other items purchased, then you may pay for any of our items or programs by credit card, check or in-person by cash. If paying by credit card, you authorize and give permission to Magnified Light Publishing to charge your credit or debit card for the amount owed for payment of the items or Program. When you purchase any items or Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Square who may have privacy policies or security practices that are different than ours. Julie Koning and Magnified Light Publishing is not responsible for the merchant’s independent policies or practices.
12. Limitation of Liability:
Magnified Light Publishing is not responsible or liable in any way for any and all damages you or your child receives directly or indirectly from your or your child’s participation in the Club. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Club or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
13. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
By participating in the Club you implicitly signify your agreement to all of the terms in these Terms of Use for yourself and on behalf of your child.
If you have any questions about the Terms of Use, please contact Julie Koning at magnifiedlightpublishing@pm.me. Thank you.
Last Updated on August 31, 2022.