Terms of Service

These Terms of Service govern your use of Services made available to you by Kid & Coe via the Website (www.kidandcoe.com) on condition that you accept these Terms of Service, and confirm your acceptance of the Privacy Policy and Terms of Use posted on the Website (collectively, the “Agreement”). The terms “You” or “Your” refers to the person accessing or using the Services. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “You” or “Your” refers to such entity. BY CLICKING THE “ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE AGREEMENT. IF YOU DO NOT ACCEPT THE AGREEMENT, OR DO NOT HAVE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES. Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Terms of Use and Privacy Policy. THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Services.

Kid & Coe provides an online platform that connects hosts who have accommodations for rent (“Hosts”) with guests seeking to rent such accommodations (“Guests”) (each, a “Subscriber” and collectively, the “Subscribers”) Through the Services, Hosts may create listings for accommodations and Guests who are interested in such listings may book those accommodations. You may browse the Website and review listings for accommodations as a visitor, but if you wish to check availability, book an accommodation or create a listing, you will need to register through the Website to create an account.

You understand and agree that Kid & Coe is not: (a) a party to any rental or other agreements between Hosts and Guests; (b) a real estate broker, agent or insurer; (c) an owner or manager for any rental property listed on the Website by a Host; or (d) a provider or operator of hotel rooms, motel rooms, other lodgings or travel services.

You are using this Website and the Services at your own risk and you are personally responsible for verifying their suitability for your needs.

Registration.

During the online registration process, you will be asked to provide your name, email address and other information, and create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.

You shall be solely and exclusively responsible for using this Website and the Services strictly in accordance with applicable laws. You will not make the Services available to any third party, remove or modify any proprietary marking or restrictive legends placed on the Services or the Website, or introduce into the Services or the Website any device, software, virus, worm, “back door,” Trojan Horse, or similar harmful code.

Kid & Coe Reservation of Rights.

Kid & Coe is under no obligation to accept any individual as a Subscriber to the Services, and may accept or reject any applicant in its sole and complete discretion. We reserve the right, but have no obligation, to request and obtain further evidence of identification from Hosts and/or Guests prior to accepting a property to the Site for listing or processing a booking request, as applicable. Our decisions regarding the adequacy of identification and acceptance of a property and/or booking shall be made solely at our discretion.

Accommodation Listings.

Once registered, Subscribers may create listings for properties that they are legally authorized to list for rental. Kid & Coe will ask you to provide information about the property to be listed, such as its address, square footage/meters, number of rooms/bedrooms/bathrooms, features, neighborhood, pricing per night, deposit preferences, financial terms, standards and rules. Guests will book your property through the Services based on the information you provide in your listing. The price for any booking may not be altered once a Guest has confirmed a booking of your accommodation.

Subscribers listing any property acknowledge and agree that they are solely responsible for any and all listings they post. Accordingly, each Host represents and warrants that any listing and any stay by any Guest at any such accommodation will be in compliance with all applicable laws, tax requirements, rules, regulations zoning laws and laws governing rentals of residential and other properties, will not breach any agreements with any third parties, and will not conflict with the rights of third parties. You are solely responsible for evaluating the listed accommodations and ensuring that they comply with applicable law.

Kid & Coe requires all hotels to offer a complementary 1-night stay to the reviews team as part of its membership to the site. This allows the Kid & Coe team to verify the property meets the right criteria.

Accommodation Bookings.

Hosts are required to confirm or reject a Guest’s booking request within 48 hours of the submission of such request, or the request will be automatically timeout. If the Host confirms a Guest’s booking request within the forty-eight hour period, then the Guest’s credit card will be charged an amount equal to 30% of the Host Fee and Kid & Coe fees, or 100% if the check in date is within 6 weeks. Some hosts have a custom payment policy that may require a different % deposit being paid on booking acceptance and/or the balance payment being due more than 6 weeks before arrival.

Fees.

If you are a Host, you agree to pay all applicable fees made known to you during registration (“Editorial Fees”). We may use a third-party payment processor to process your payment. You warrant and represent that you are the valid owner or an authorized user of the credit card you provide, and that all such information is accurate.

Each listing posted on the Website by a Host shall reference the rate associated with booking the accommodation. All rates are inclusive of all applicable fees.

Host fees include (i) the price per night for the property multiplied by the number of nights confirmed in the booking (the “Property Fee”), (ii) Security Deposit, (iii) Cleaning Fee, (iv) Kid & Coe Fee, and (v) applicable taxes. Hosts are given the option in their account settings to specify a Security Deposit up to 5,000 $/€/£, and a Cleaning Fee, which will be applied to every booking of the Host property. The Host may change the Security Deposit and/or the Cleaning Fee at any time. The Kid & Coe Guest Fee (18% of the Property Fee for Private Properties) is paid to Kid & Coe in consideration for its provision of the Services, along with a 3% processing fee.

The Host Service Fee is an administrative fee charged to the Host by Kid & Coe for provision of services such as facilitating the collection and distribution of fees, international marketing and promotion, and customer support. The current Service Fee varies between 5% for Private Hosts and 15% + 2.5% processing fee for Professional Partners.

Hosts will be paid in accordance with the payment schedule set forth at
Private Hosts:
https://kidandcoe.zendesk.com/hc/en-gb/articles/360012719040-HOST-Payment-Policy-Private-Host
Professional Partners:
https://kidandcoe.zendesk.com/hc/en-gb/articles/360012822319-HOST-Payment-Policy-Professional-Partners
Hotels:
https://kidandcoe.zendesk.com/hc/en-gb/articles/360012718960-HOST-Payment-Policy-Hotels

Kid & Coe reserves the right, in its sole discretion, to change the Kid & Coe Fee and/or the Service Fee at any time without notice to Subscribers.

The Security Deposit will be charged to the Guest only if there is damage to the Host property (see Security Deposit Policy below). Kid & Coe will remove and retain the Service Fee and the applicable Kid & Coe Fee from the Total Fee prior to remitting the balance of the Host Fee to the Host. Hosts may be paid via PayPal, a bank check (drawn on a U.S. bank), by ACH payments or via wires. The Host is solely responsible for paying all applicable taxes and bank fees.

Subscribers are responsible for providing a valid credit card number at the time of submitting a booking request and, for Hosts, information regarding deposit of Host Fees such as banking information or wiring instructions. You represent and warrant that you are an authorized user of such credit card and authorized to provide the applicable banking information, and you agree to pay all charges resulting from your booking of an accommodation, including damages incurred per the security deposit below, or incidentals as agreed between you, the Guest, and the Host property. If the Host confirms the requested booking within the 48-hour period, you, as Guest, hereby authorize Kid & Coe to immediately charge your credit card for an amount equal to thirty percent (30%) of the Total Fee. You, as Guest also authorize Kid & Coe to charge your credit card for the remaining seventy percent (70%) of the Total Fee six (6) weeks prior to your scheduled arrival or as otherwise specified by the Host in the Host’s payment policy which can be viewed either on the property page under ‘PAYMENT POLICY’, or by clicking the TOS link on the booking page. If a Guest books an accommodation less than six (6) weeks before the confirmed date of arrival, Kid & Coe shall charge your credit card for the entire amount of Total Fee due immediately upon confirmation of the booking. The failure of the credit card charge to be completed for any reason will result in the immediate termination of any confirmed booking. Kid & Coe will provide notice to the Guest and Host in the event the credit card is declined. We will do everything commercially possible to obtain payments from Guests; however we are not liable for any payments that we have been unable to process. Kid & Coe cannot control any transactional fees charged by the credit card provider including, without limitation, service fees, currency conversion fees and any and all other fees, and Kid & Coe expressly disclaims any and all liability for such charges. Kid & Coe accepts payments in USD/EURO/GBP.

Security Deposit Policy.

To avoid conflicts and breakages, we recommend that all breakables and items of value are stored out of the way of the smallest guests. We also understand accidents happen, so we encourage our Subscribers to work together cooperatively on a voluntary basis to resolve any claimed property damage

A Host must submit a damages claim to Kid & Coe (via email to team@kidandcoe.com), within 48 hours of the guest’s departure. Kid & Coe shall use commercially reasonable efforts to forward such claim to the applicable Guest. Any such claims must specify the claimed damages in writing and provide photographs. Upon request, Kid & Coe may, at its sole discretion, endeavor to assist Subscribers in resolving the claim(s). Notwithstanding the foregoing, Subscribers are solely responsible for pursuing and/or resolving any and all claims or disputes by or among them, or with a third party, that may arise in connection with the Services, the Website and/or the Content including, but not limited to, filing legal and/or equitable claims, and notifying insurance companies. The Guest’s credit card will be charged for the amount of the Security Deposit, or portion thereof, that the parties agree is owed in connection with the property damages claim. The guest will be responsible for the 2.9% credit card fee associated with processing the security deposit.

Cancellations.

(Applicable to bookings accepted from 3rd November 2022. NOTE: This is our Standard Cancellation Policy. Some hosts may have their own Custom Cancellation Policy that will apply instead of this. Guests must check 'Cancellation Policy' drop down on the Property page for exact Cancellation Terms that will apply to a booking.)

Cancellations notified up to 6 weeks before the check in date, guests will receive a refund of any amount paid less 15% of the total cost of the booking.

For cancellations notified at 6 weeks or less before the check in date, no refunds are given unless the host agrees. If a host does agree to a full or partial refund, this amount will be returned to the guest less 15% of the total cost of the booking.

Some hosts will also allow a stay to be rescheduled. Guests should contact their host for further information regarding any request to change the dates of a stay.

Host Cancellations

As a guest:

In the rare event that a host cancels your reservation before your check in date, we email you to let you know immediately. There are two options available if this happens:

We will help you find a suitable alternative property. As soon as you are happy with the alternative and the new host has accepted the booking, we will arrange for your payment to be applied to the new property to make the reservation live. You can then contact the host directly through the site to co-ordinate new arrival logistics, welcome at the home, etc.

If we are unable to find you suitable alternative accommodation, then we would offer you a full refund, including any service fees that are charged by Kid & Coe.

Whenever you make a booking through Kid & Coe, we strongly urge guests to take out adequate travel insurance to cover all eventualities and help in the case of extenuating circumstances once a booking has been accepted.

As a host, the following applies:

If you cancel a booking that you have already accepted, $/£/€150 will be deducted from your first/next payout after a cancellation.

If you cancel a booking that you have already accepted, your calendar will be marked as unavailable and you won't be able to accept another reservation for the dates for which you have cancelled the reservation.

If you cancel 2 or more reservations within a year, we may deactivate your listing.

There may be some instances where you need to cancel a booking that are out of your control. We will review each cancellation on a case by case basis and we may require documentation to support the cancellation request.

Occupancy Policy

Guest Occupancy:

Gatherings of more than the booked number of guests are not permitted at a host property unless the host has agreed in advance. Guests who are reported for exceeding the number of occupants during a stay are subject to account suspension or removal from the site.

Parties and Events:

It is prohibited to host disruptive parties and events during a stay. Any guest found to violate this policy may be subject to account suspension or removal from the site.

Hosts reserve the right to turn away or charge a penalty for unauthorised guests

User credits and discount codes

From time to time Kid & Coe may provide user credits and/or discount codes in the form of marketing coupons and customer service credits (“Promotional Codes”). Promotional Codes are intended for single use only and may not be transferred to another person. Each Promotional Code is valid for a limited time and expires on the date specified in the offer details. A Promotional Code has no cash value and is not for resale and may not be redeemed for cash. The maximum combined value of coupons/credits/discounts that can be used per booking is $250. Kid & Coe reserves the right, in its sole discretion, to discontinue any Promotional Code at any time.

License Grant.

Kid & Coe grants Subscriber a non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Website, the Content, and the Services.

Insurance.

Kid & Coe does not provide liability or property insurance for Subscribers. Subscribers are solely responsible for obtaining insurance coverage sufficient to protect their properties and Guests during the entire duration of their stay. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover all property and bodily harm arising from the rental of the property they list through the Services prior to the arrival of their first Guest. Hosts further agree to maintain and increase the insurance amounts, as needed, so as to carry all appropriate and adequate amounts through the departure date of any Guest booked through the Services. Kid & Coe recommends that Subscribers carry all applicable travelers, liability, renters, homeowner’s and any other appropriate insurance to cover any losses to person and/or property during each Guest’s stay. Please contact your insurance broker, carrier or respective provider to be sure your coverage encompasses Guests within the premises of your home for the duration of their stay. Subscribers agree to provide Kid & Coe copies of relevant proof of coverage upon request. We strongly urge guests to consider travel insurance to help in the case of extenuating circumstances.

United States Use Only.

This Website and the Services are intended to be used only by residents of the United States. Anyone who accesses the Website or uses the Services from outside the United States does so at their own initiative and risk and is responsible for compliance with all applicable laws.

Giveaways

Kid & Coe may sponsor giveaways through the Website or otherwise in connection with the Services. Eligibility, entry, and other applicable rules will be provided at the time of entry. All giveaways are void where prohibited by law. No purchase is necessary to enter, and a purchase will not increase your chance of winning.

Disclaimer of Warranties.

KID & COE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “KID & COE PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE MATERIALS ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE KID & COE PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS WILL BE FREE FROM VIRUSES OR MALWARE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MATERIALS. NONE OF KID & COE PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF KID & COE PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE KID & COE PARTIES DO NOT ENDORSE ANY HOST, GUEST, OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY SUBSCRIBER). YOU ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICES MERELY PROVIDE A VENUE THAT ALLOWS HOSTS TO CONNECT WITH GUESTS. NONE OF THE KID & COE PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN HOSTS AND GUESTS OR FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. NONE OF THE KID & COE PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY HOST OR GUEST. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

Limitation of Liability.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE KID & COE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF THE KID & COE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE SHALL BE LIMITED TO THE LESSER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE MATERIALS MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE MATERIALS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE MATERIALS AT ANY TIME WITHOUT NOTICE.

Indemnification.

You agree to defend, indemnify, and hold Kid & Coe Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Website, the Content, or the Services; (iii) any User Generated Content provided through your account; (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; and (v) any claims brought against Kid & Coe by a Subscriber as a result of your acts or omissions.

Binding arbitration.

In the event of a dispute arising under or relating to this Agreement, the use of the Website or the Services (each, a “Dispute”), (i) Kid & Coe or (ii) any user of our Website or the Services (in either instance, “a party”), may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS mediators and arbitrators pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in the Section below, nothing in this Privacy Policy will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

Class Action Waiver.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Termination.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, the Content and/or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Website, the Content and/or the Services at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to team@kidandcoe.com.

Modifications.

We reserve the right to amend this Agreement at any time and from time to time without notice. If you use the Website and/or the Services after this Agreement has been posted, you will be deemed to have agreed to this Agreement. If you do not agree to the modified Agreement, you should discontinue your use of the Services, which termination is your sole and exclusive remedy.

Miscellaneous.

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release Kid & Coe Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Kid & Coe to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. This Agreement contains the entire agreement of the parties concerning this Website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Kid & Coe.

You consent and agree that Your clicking of the “I Accept” button constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by You in writing. Further, You agree that no certification authority or other third-party verification is necessary to the enforceability of Your signature. At our request, any electronically signed document must be re-executed in original form by You. No party hereto may raise the use of an electronic signature as a defense to the enforcement of these Terms or any amendment or other document executed in compliance with these Terms.