Terms of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THESE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR SERVICES.

This Terms of Service Agreement is effective as of 9/1/2026.
This Terms of Service Agreement was last updated 9/1/2026.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that governs the relationship between our users and All For KIDZ, Inc, also known as AFK ("we," "us," "our"), located at 2031 196th Street SW, Suite B201, Lynnwood, Washington 98036, and our subsidiaries and affiliates, in association with the use of the AFK websites, which include www.thenedshows.com, www.allforkidz.com, www.mindsetmission.com, www.kindnessadventure.com, et al. (the "Site") and its Services, defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site provides information about AFK products and services, and provides supplemental educational content, lesson plans, and curriculum materials for AFK customers and members (including, but not limited to, schools, districts, counselors, teachers, and parents), including but not limited to:

• The Focus On Character classroom unit (Never Give Up, Do Your Best, and Encourage Others)
• Preventing Bullying lesson plans
• Growth Mindset, Achieving Excellence, Building Relationships, Caring is Cool, and Keep Kindness Going lesson plans
• Weekly Themes (Weeks 1–40, including Core Personal Values, Emotional & Social Skills, Growth & Learning Mindset, Community and Relationships, and Practical Life Habits)
• NED at Home family engagement resources
• Writing and Learning Activities and All Learning Activities
• Self Reflections and Assessments
• Special Days and Events, Classroom Decor, Bulletin Board Kits, Encouragement and Awards, and Test Prep materials
• Family Fun Night event materials
• Related videos, printables, worksheets, art projects, activities, and other digital or physical materials made available through the Site or our authorized delivery partners (collectively, the "Materials")

Supplemental Nature of Materials. The Materials made available through the Site are supplemental educational resources intended to support character education, social-emotional learning, and classroom enrichment. The Materials are not, and are not designed or intended to be, a complete, all-encompassing, or standalone curriculum. They do not replace state-adopted, standardized, or district-required curricula, and are not a substitute for instruction in core academic subjects. Educators, schools, and districts remain solely responsible for determining how, whether, and to what extent any Materials are incorporated into their instructional programs, and for ensuring compliance with all applicable educational standards, laws, and district policies.

Any and all visitors to our Site, whether registered or not, are deemed "users" of the Services for purposes of this TOS. Once an individual registers for our Services by creating an account, that user is considered a "member." The user and/or member acknowledges and agrees that the Services provided through our website and applications — which may be made available on various platforms, social media networking sites, and downloadable programs — are the sole property of All For KIDZ, Inc.

At its discretion, AFK may offer additional Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any such additional or revised Services unless otherwise stipulated. AFK reserves the right to cancel and cease offering any Services and/or products. You acknowledge and agree that AFK shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance. Your continued use of the Services after posting of any updates, changes, and/or modifications constitutes your acceptance of such changes.

The Services offered are provided "AS IS," and AFK does not assume responsibility or obligation for the timeliness, missed delivery, deletion, or failure to store user content, communications, or personalization settings.

SENSITIVE SUBJECT MATTER DISCLAIMER

Some Materials, including but not limited to the Preventing Bullying lesson plans and related units, address sensitive subject matter such as bullying, conflict, and emotional difficulty. AFK designs all lesson plans, Materials, and videos to be age-appropriate for their intended grade level and to handle such subject matter in a supportive, safe, and encouraging manner for students.

The Materials are not a substitute for professional counseling, mental health services, therapy, or crisis intervention. Nothing in the Materials is intended to diagnose, treat, or provide clinical guidance regarding any student's mental health, emotional wellbeing, or safety. Educators, counselors, schools, and districts remain solely responsible for exercising their own professional judgment when presenting this subject matter to students, for recognizing signs of distress, abuse, bullying, or self-harm in students, and for complying with all applicable child welfare, safeguarding, and mandatory reporting laws and district policies. If a student discloses abuse, bullying, self-harm, or any safety concern during or after use of the Materials, it is the sole responsibility of the educator and/or district to respond in accordance with applicable law and their district's protocols. AFK assumes no liability for any action or inaction taken by an educator, school, or district in response to such disclosures.

DIGITAL DELIVERY, ACCESS PERIODS, AND THIRD-PARTY DELIVERY PLATFORM

Delivery Platform. Digital products, including but not limited to videos, printables, worksheets, and other downloadable or streamable Materials, are hosted and distributed to authorized users through Sky Pilot, a third-party digital delivery platform operated by Shop Circle ("Sky Pilot"). By purchasing, accessing, downloading, or streaming any digital Materials through the Site, you acknowledge and agree that you are also subject to, and agree to be bound by, Sky Pilot's own Terms of Service, available at https://web.skypilotapp.com/pages/terms-of-service, as well as any applicable Sky Pilot privacy policy. AFK is not responsible for the operation, availability, security, or performance of the Sky Pilot platform, and any issues related to file delivery, streaming, storage, or access through Sky Pilot should be directed as instructed at the time of purchase or within the login portal.

Limited-Time Access. Access to videos and other digital Materials distributed through Sky Pilot or any other delivery platform is granted to authorized users for a limited period of time. The specific access period applicable to each product will be identified (a) at the time of purchase, and (b) within the login portal associated with your account. Access to any Materials may expire, be revoked, or be limited at the end of the applicable access period, and AFK is under no obligation to extend, renew, or restore access after that period has ended, except as may be separately agreed to in writing or as required by the specific product's stated terms at purchase. It is the user's or member's responsibility to review the applicable access period for each product prior to purchase and to download, save, or otherwise make use of Materials within that window where permitted.

No Guarantee of Continuous Access. AFK does not guarantee uninterrupted or error-free access to digital Materials during the applicable access period and shall not be liable for any interruption, delay, or loss of access caused by the delivery platform, internet connectivity, or other factors outside AFK's reasonable control.

AGE RESTRICTION; NOT INTENDED FOR MINORS

The Site and its Services are designed and intended for use by school districts, schools, teachers, counselors, and other adult education professionals for the purpose of purchasing and administering access to the Materials for classroom and district use. The Site is not intended for use by, or directed toward, individuals under the age of 18, including children and minor students. You must be at least 18 years of age to register for an account, make a purchase, or otherwise directly access or use the Site or its Services.

While AFK cannot fully prevent a minor from independently locating, accessing, or attempting to use the Site, no part of the Site is designed for direct, unsupervised use by minors, and minors are not authorized users of the Site or Services under this TOS. Any use of Materials by students is expected to occur solely through the intermediary of an authorized adult educator, in a classroom or otherwise supervised setting, and not through independent minor access to the Site itself.

If AFK becomes aware that a minor under the age of 18 has accessed or used the Site, registered an account, or otherwise provided personal information directly to AFK through the Site, AFK will take all reasonable steps within its power to promptly remove and delete any such information collected, in accordance with applicable law, including the Children's Online Privacy Protection Act (COPPA) where applicable. Parents, guardians, or district administrators who believe a minor has accessed or used the Site, or provided personal information through it, should contact AFK immediately using the contact information provided in this TOS so that appropriate action can be taken.

REGISTRATION

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract, and must be in good standing and not previously barred from receiving AFK's Services under applicable law. Registration is intended for teachers, school/district administrators, counselors, and other adult education professionals acting on behalf of themselves or their school or district.

When you register, AFK may collect information such as your name, title/occupation, email address, country, and school or district information (name, state, country, zip/postal code), and personal interests. You may edit your account information at any time. Once you register and sign in to our Services, you are no longer anonymous to us.

The registering party acknowledges and agrees to: (a) furnish factual, correct, current, and complete information as requested during registration, and (b) maintain and promptly update your registration and profile information to keep it accurate and complete.

If anyone knowingly provides false, untrue, inaccurate, or incomplete information, AFK has grounds to suspend or terminate the member's account and to refuse any current or future use of AFK Services.

It is AFK's priority to ensure the safety and privacy of all visitors, users, and members. As described above, the Site is not intended for direct use or registration by minors under the age of 18.

PRIVACY POLICY

Every member's registration data and other personal information are protected by the AFK Online Privacy Policy (see the full Privacy Policy at http://www.thenedshows.com/privacy.html). As a member, you consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by AFK and/or our subsidiaries, affiliates, and authorized service providers (including Sky Pilot, for purposes of digital delivery).

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You are responsible for maintaining the secrecy and confidentiality of your password and for all activity that occurs on or within your account. You are responsible for any act or omission of any user who accesses your account that, if undertaken by you, would violate this TOS. You must notify AFK immediately of any unauthorized access, use of your account or password, or other breach of security. AFK shall not be liable for any loss or damage arising from failure to comply with this section.

CONDUCT

As a user or member, you acknowledge that all information, text, software, data, photographs, music, video, messages, tags, or other content, whether publicly or privately posted or transmitted, is the sole responsibility of the individual from whom the content originated. You are solely responsible for any content you post, upload, email, transmit, or otherwise make available through AFK Services, and we do not guarantee the accuracy, integrity, or quality of such content.

You agree not to use AFK's Services to:

a) upload, post, email, transmit, or otherwise make available 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;

b) cause harm to minors in any manner;

c) impersonate any individual or entity, including AFK officials, or misrepresent an affiliation with an individual or entity;

d) forge captions, headings, or titles, or offer content you have no right to under law or contract;

e) upload or transmit content that infringes upon any patent, copyright, trademark, or other proprietary right of any party;

f) upload or transmit content you have no right to offer under law or contractual/fiduciary relationship;

g) upload or transmit unsolicited or unauthorized advertising, promotional materials, "junk mail," or "spam," except in designated areas;

h) upload or transmit content containing a software virus or other harmful code designed to interfere with, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;

i) disrupt the normal flow of communication or negatively affect other users' ability to participate in real-time interactions;

j) interfere with or disrupt AFK Services, servers, or networks;

k) violate any local, state, federal, national, or international law or regulation;

l) provide informational support to, or conceal the character, location, or source of, any organization designated a "foreign terrorist organization";

m) "stalk" or harass another individual; and/or

n) collect or store personal data relating to another member or user in connection with prohibited conduct described above.

AFK reserves the right to pre-screen, refuse, and/or delete any content available through our Services, and to remove content that violates this TOS or is otherwise objectionable.

AFK reserves the right to access, preserve, and/or disclose member account information and content if required by law or in good-faith belief that such action is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that content violates the rights of a third party; (d) respond to customer service requests; or (e) protect the rights, property, or personal safety of AFK, its visitors, users, and members, including the general public.

AFK reserves the right to use security components to protect digital information or Materials, subject to usage guidelines established by AFK or applicable content providers, including our authorized delivery partner, Sky Pilot. You are prohibited from attempting to override or circumvent any embedded usage rules, download limits, expiration dates, or access controls applied to the Materials. Unauthorized reproduction, publication, distribution, or exhibition of any Materials supplied through our Services, in whole or in part, is expressly prohibited.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through use of our network you agree to comply with all local rules relating to online conduct and acceptable content. Uploading, posting, and/or transferring software, technology, and other technical data may be subject to U.S. export and import laws and those of other countries.

You agree to comply with all applicable export and import laws, statutes, and regulations, and represent that you: (a) are not on any list of prohibited individuals or a member of a government identified in an export-prohibited country; (b) will not transfer any software, technology, or technical data through our Services to any export-prohibited country; and (c) will not post, transfer, or upload software, technology, or technical data in violation of applicable export/import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

AFK does not claim ownership of content submitted by visitors, members, or users for inclusion on our website Services. You grant AFK worldwide, royalty-free, nonexclusive licenses to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display such content for the purpose of providing and promoting the specific area to which it was submitted, for so long as you remain a member (terminating upon discontinuation of membership), except that content made available on publicly accessible areas of our sites may be subject to a broader, sublicensable license as described in the prior version of this TOS.

PHOTOGRAPHS, VIDEOS, AND OWNERSHIP OF MATERIALS

AFK does not take, use, publish, or distribute photographs or video footage of any individual, including students, teachers, or family members, without the express permission of the individual involved (or, in the case of a minor, the express permission of a parent or legal guardian, obtained through the applicable school or district in accordance with the district's own media release policies).

All photographs, videos, lesson plans, worksheets, printables, artwork, graphics, branding, and other Materials made available through the Site, whether provided as part of a purchased product or used in AFK's own marketing and promotional materials, are and remain the sole property of All For KIDZ, Inc. Except for the limited license granted to authorized users to use purchased Materials for their intended classroom or district educational purpose as described elsewhere in this TOS, no photograph, video, lesson plan, or other Material may be copied, reproduced, distributed, published, displayed, modified, or otherwise used by any user, member, school, or district for any other purpose — including marketing, resale, or redistribution outside the purchasing school or district — without the express written permission of AFK in a signed licensing or use agreement.

CONTRIBUTIONS TO COMPANY WEBSITE

When you submit ideas, documents, suggestions, and/or proposals ("Contributions") to our Site, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) AFK is under no obligation to maintain confidentiality regarding Contributions; (c) AFK may use and/or disclose Contributions as it sees fit; (d) your Contributions become the sole property of AFK; and (e) AFK is under no obligation to compensate you for Contributions.

INDEMNITY

You agree to hold AFK, our subsidiaries, affiliates, agents, consultants, contractors, employees, officers, partners, and licensors (including Sky Pilot, solely with respect to its role as our authorized delivery platform) harmless from any claim or demand, including reasonable attorney fees, made by any third party arising from content you submit, post, modify, transmit, or make available through our Services, your use of AFK Services, your violation of this TOS, or your violation of the rights of another person.

COMMERCIAL REUSE OF SERVICES AND MATERIALS

You agree not to replicate, duplicate, copy, trade, sell, resell, or exploit for any commercial reason any part of, use of, or access to AFK's sites or Materials — including lesson plans, videos, printables, or other downloadable content — without written permission from AFK. This includes, without limitation, sharing login credentials, redistributing purchased Materials to unauthorized users, or making Materials available beyond the applicable licensed access period or authorized user group specified at purchase or within the login portal.

Mailing Address:
All For KIDZ, Inc Attn: Creative Department
2031 196th Street SW, Suite B201, Lynnwood, Washington 98036
Telephone: 877-872-9696
Email: customercare@tallforkidz.com

USE AND STORAGE GENERAL PRACTICES

AFK may set practices and limits regarding use of our Services, without limitation as to the maximum retention period for any content, maximum number or size of messages, maximum disk space allocated, or maximum frequency/duration of access. AFK has no responsibility or liability for the removal or failure to maintain storage of content maintained or transmitted through our Services, subject to the limited-time access terms described above for purchased digital Materials. AFK reserves the right to delete or remove inactive accounts and to modify these general practices at its discretion.

MODIFICATIONS

AFK reserves the right, at any time, to modify, alter, and/or discontinue our Service or any part thereof, with or without notice, and shall not be liable to you or any third party for any such alteration, modification, suspension, or discontinuance.

FORCE MAJEURE

AFK shall not be liable for any delay, failure to perform, interruption of Service, or failure to deliver Materials resulting, directly or indirectly, from any cause or circumstance beyond AFK's reasonable control. This includes, without limitation: acts of God; natural disaster; fire; flood; extreme weather; epidemic or pandemic; war, terrorism, or civil unrest; governmental action, order, or regulation; labor dispute or strike; failure or interruption of internet, telecommunications, power, or utility service; and any failure, outage, or interruption of a third-party platform or service that AFK relies upon for delivery of Services or Materials, including but not limited to Sky Pilot. During any such event, AFK's obligations under this TOS shall be suspended for the duration of the event, and any applicable limited-time access period may, at AFK's discretion, be extended to account for the period of interruption, though AFK is under no obligation to do so.

TERMINATION

As a member, you may cancel or terminate your account by submitting a request to customercare@allforkidz.com.

AFK may, without prior written notice, immediately suspend, terminate, discontinue, and/or limit your account or access to Services for reasons including but not limited to: (a) breach of this TOS; (b) requests from law enforcement or government agencies; (c) discontinuance or material modification of our Services; (d) unexpected technical or security issues; (e) extended inactivity; (f) fraudulent or illegal activity; and/or (g) nonpayment of fees owed in connection with your account.

Termination of your account includes: (a) removal of access to all or part of the Services; (b) deletion of your password and related account information; and (c) barring further use of our Services. Termination of your account or access does not, by itself, extend the limited-time access period applicable to previously purchased digital Materials.

ADVERTISERS

Any dealings with advertisers located on or through our Services are solely between you and the advertiser. AFK is not responsible or liable for any loss or damage resulting from such dealings or from the presence of advertisers on our website.

LINKS

AFK or third parties may provide links to other websites or resources. We are not responsible for the availability of external sites, and do not endorse or assume responsibility for any content, products, advertising, or materials on or from third-party sites, including but not limited to Sky Pilot's website and platform beyond its role in delivering AFK Materials.

PROPRIETARY RIGHTS

AFK's Services and any Software used in connection with our Services contain proprietary and confidential material protected by applicable intellectual property laws. Content presented through our Services, including all lesson plans, videos, worksheets, art project instructions, and other Materials, is protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly permitted by law or authorized by AFK, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on AFK Services or Materials, in whole or in part.

AFK grants you a personal, non-transferable, non-exclusive license to use the Materials for their intended educational purpose (classroom, home, or district use, as applicable to your purchase), and you agree not to allow any third party to duplicate, alter, modify, plagiarize, reverse engineer, sell, assign, sublicense, or otherwise transfer any right in the Materials or Software.

You agree not to access or attempt to access our Services through any means other than the interface provided by AFK, or, where applicable, our authorized delivery partner Sky Pilot.

WARRANTY DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF AFK SERVICES, SOFTWARE, AND MATERIALS IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. AFK AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

b) AFK MAKES NO WARRANTY THAT: (i) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) RESULTS OBTAINED FROM USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIALS PURCHASED OR OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OR MATERIALS WILL BE CORRECTED.

c) THE MATERIALS ARE SUPPLEMENTAL EDUCATIONAL RESOURCES ONLY AND ARE NOT A SUBSTITUTE FOR A COMPLETE OR STANDARDIZED CURRICULUM. AFK MAKES NO REPRESENTATION OR WARRANTY THAT THE MATERIALS SATISFY ANY PARTICULAR STATE, DISTRICT, OR ACCREDITATION STANDARD, OR THAT USE OF THE MATERIALS WILL RESULT IN ANY PARTICULAR EDUCATIONAL OUTCOME.

d) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH AFK SERVICES SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR AND WAIVE ANY CLAIMS RELATED TO DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS, OR LOSS OF DATA RESULTING FROM DOWNLOAD OF SUCH MATERIALS.

e) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED FROM AFK OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

f) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING VIDEO MATERIALS. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION IN USERS WITH NO PRIOR HISTORY OF SEIZURE. IF YOU OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, INVOLUNTARY MOVEMENT, OR CONVULSIONS WHILE USING OUR SERVICES.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT AFK AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE OR MATERIALS, INCLUDING EXPIRATION OF ACCESS AT THE END OF ANY LIMITED-TIME ACCESS PERIOD;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE, INCLUDING OUR THIRD-PARTY DELIVERY PLATFORM;

e) ANY OTHER MATTER RELATED TO OUR SERVICE.

RELEASE

In the event of a dispute, you agree to release AFK (and its officers, directors, employees, agents, parent, subsidiaries, affiliates, co-branders, partners, and other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected to such dispute.

EXCLUSION AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY THEREFORE NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

Unless otherwise expressly provided in this TOS, there are no third-party beneficiaries to this Agreement.

NOTICE

AFK may furnish notices, including changes to this TOS, via email, regular mail, MMS/SMS, text messaging, postings on our website, or other reasonable means. Notices may not be received if you violate this TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes agreement that you are deemed to have received notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

All AFK trademarks, copyrights, trade names, service marks, logos, brand features, and product/service names are and remain the property of AFK. You agree not to display or use the AFK logo or marks without AFK's prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

AFK respects the intellectual property of others and asks that all users do the same. AFK may disable and/or terminate the accounts of users who violate this TOS or infringe the rights of others. If you believe your work has been used in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide:

a) The electronic or physical signature of the individual authorized to act on behalf of the copyright/IP owner; b) A description of the copyrighted work or intellectual property allegedly infringed; c) A description of the location of the allegedly infringing material; d) Your physical address, telephone number, and email address; e) A statement that the disputed use is not authorized by the copyright owner, its agent, or the law; and f) A statement, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright/IP owner.

Mailing Address:
All For KIDZ, Inc Attn: Copyright Agent
2031 196th Street SW, Suite B201, Lynnwood, Washington 98036
Telephone: 877-872-9696
Email: customercare@allforkidz.com

CLOSED CAPTIONING

All For KIDZ, Inc complies with all applicable Federal Communications Commission rules and regulations regarding closed captioning of video content. For more information, please visit www.thenedshows.com.

ACCESSIBILITY (ADA / SECTION 508)

All For KIDZ, Inc is committed to making the Site and its Materials accessible to the widest possible audience. AFK does its absolute best to comply with the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and related accessibility laws and guidelines, and works in reasonable good faith toward providing an accessible experience for users and, where applicable, students.

If you experience an accessibility barrier while using the Site, or believe any Materials do not meet applicable accessibility standards, please notify the AFK team at:

Telephone: 1-877-872-9696
Email: customercare@allforkidz.com

AFK will review reported accessibility issues and work to rectify them within reason and as resources reasonably allow. This section does not constitute a warranty or guarantee of full compliance with any specific accessibility standard, law, or regulation.

THIRD-PARTY TERMS

In addition to this TOS, your use of certain Services may be subject to additional terms and conditions, including but not limited to the Sky Pilot Terms of Service (https://web.skypilotapp.com/pages/terms-of-service), which govern the hosting, streaming, and delivery of digital Materials purchased through the Site. In the event of a conflict between this TOS and Sky Pilot's terms specifically as they relate to file delivery, hosting, or streaming mechanics, Sky Pilot's terms shall govern solely with respect to those delivery mechanics; this TOS shall govern all other aspects of your relationship with AFK.

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and AFK and governs the use of our Services, superseding any prior version of this TOS. You may also be subject to additional terms and conditions applicable when you use or purchase certain other AFK Services, affiliate Services, or third-party content or software, including the Sky Pilot Terms of Service referenced above.

CHOICE OF LAW AND FORUM

This TOS shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions. Subject to the Arbitration and Class Action Waiver section below, any claims, causes of action, and/or disputes arising out of or relating to this TOS, or the relationship between you and AFK, that are not subject to arbitration shall be filed within the courts having jurisdiction within the County of Snohomish, Washington, or the U.S. District Court located in said state. You and AFK agree to submit to the jurisdiction of such courts and waive objections to jurisdiction and venue.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and AFK agree that any dispute, claim, or controversy arising out of or relating to this TOS, the Site, the Services, or the Materials (a "Dispute") shall, to the fullest extent permitted by law, be resolved through binding individual arbitration rather than in court, except that either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

Arbitration shall be administered by a mutually agreed-upon arbitration organization (such as the American Arbitration Association) under its applicable rules, and shall take place in Snohomish County, Washington, unless you and AFK agree otherwise. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND AFK EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a Dispute proceeds in court rather than in arbitration, you and AFK each waive any right to a jury trial and any right to participate in a class action or class-wide arbitration.

This arbitration provision does not apply to any Dispute that a school district is required by applicable state procurement law, district policy, or an existing separate written agreement to resolve through a different process; in such cases, the terms of that governing law, policy, or agreement shall control with respect to that Dispute.

WAIVER AND SEVERABILITY OF TERMS

AFK's failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of that right or provision. If any provision of this TOS is found invalid by a court of competent jurisdiction, the parties agree the court should give effect to the parties' intentions as reflected in the provision, and the remaining provisions shall remain in full force and effect.

NO RIGHT OF SURVIVORSHIP; NON-TRANSFERABILITY

Your account is non-transferable, and any rights to your ID and/or account contents terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and its contents permanently deleted.

STATUTE OF LIMITATIONS

Any claim or action arising out of or related to use of our Services or this TOS must be filed within three (3) years after such claim or cause of action arose, or shall be forever barred.

VIOLATIONS

Please report any violations of this TOS to All For KIDZ, Inc as follows:

Mailing Address:
All For KIDZ, Inc. 
2031 196th Street SW, Suite B201, Lynnwood, Washington 98036
Telephone: 877-872-9696
Email: customercare@allforkidz.com