Terms and Conditions

Hello and welcome! Performance Time, LLC (the “Company”) owns and operates the website, www.carrotology.com, our mobile application, and any services we offer connected to the website and mobile application (collectively, the “Website”). By using the Website, you agree to comply with and be bound by these Terms (the “Terms”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WITH RESPECT TO THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE.

Rules. If you are under 18 years of age, you must have the consent of your parent/guardian to create an account and use our service. You are responsible for maintaining the confidentiality of your login credentials and you are responsible for all information that you supply to us. By creating an account, you are representing that you are legally permitted to use our Website by the laws of your home jurisdiction.

You are not allowed to use another person’s account and you may not access, hack, or use non-public areas of the service or information. Other users’ information may not be copied, stolen, used, or accessed in any way without their consent.

Payment/Subscription. Your subscription to the Website will continue indefinitely until cancelled by you. You agree that your account will be subject to automatic renewal and whatever method of payment you provide will be charged on a recurring basis in the amount and at the frequency you have selected. By subscribing, you authorize us to charge your credit card, debit card, or other payment method at such time and again at the beginning of any subsequent subscription period, including any required or applicable sales or similar taxes imposed on your payments. Any discounted promotional fees, free trials, or other promotions that provide you access to the Website must be used within the specified time of the trial, and you must cancel before the end of the trial period in order to avoid being charged a fee. If you fail to cancel, you will be charged the regular, undiscounted fee.

You may cancel your subscription at any time, and your subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the fees paid for the then-current subscription period. Instead, you will retain access to your account for the remainder of the then-current subscription period. Upon cancellation and expiration of the then-current subscription period, your account will be deleted. We may retain your information after deletion of your account. However, you may request that we permanently delete your information by emailing info@carrotology.com. Within a reasonable amount of time from such request, we will remove your information. We also reserve the right at our sole discretion to terminate or suspend any user account, or to make use of any legal means available to enforce these terms, which may include blocking specific users or IP addresses, at any time and without liability.

Content. The Company grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal contingent upon your adherence to these Terms. By using the Website, you agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or a guardian. By using the Website, you further agree not to use the Website in violation of any applicable laws, and you agree to comply with the following terms related to content:

Prohibited Content.

Failure to abide by the following terms will result in termination of your account at our sole discretion:

You may not use language which could be deemed offensive or which is likely to upset, embarrass, or annoy any other user;
You may not post inappropriate, obscene, pornographic, illegal, or similar content;
You may not partake in abusive, insulting, or threatening language, or any language or actions which promotes or encourages sexism, racism, or bigotry;
You may not engage in any illegal activity, and we prohibit any language or actions which encourage illegal activity;
You may not promote any commercial activities;
You may not engage in sending or otherwise releasing on the Website any junk mail, spam mail, spyware, adware, viruses, or other programs which damage or limit the functionality of our service;
You may not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity while using the Website;
You may not distribute any other user content or our content without consent.

We reserve the right to enforce any of these rules, and our judgment and discretion will control. We reserve the right to remove, edit, limit, or block access to any of your content at any time.

Your Content.

You are responsible for the content you provide. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is provided with your express consent to all actions we take with respect to your information consistent with our privacy policy included in the Website processing such information.

Except as required to create your account, please do not reveal any personal information about yourself or others, regardless of the medium, and certainly do not reveal home addresses, telephone numbers, bank account information, or other details of others. Any information that you reveal is at your own risk. You should use the same caution in disclosing details online as you would under any other circumstance.

You must treat your username and password as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or any other agreement between you and us.

Our Content.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, graphics, displays, images, user and visual interfaces, specifications, certifications, technical guidelines, catalogs, data, video, audio, and other Company materials contained herein, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof (herein, the “Content”)), are owned by the Company, its licensors, or other third party providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any copying, redistribution, uploading, posting, mirroring (to any other computer, server, website or other medium, public display), republication, transmission, sale, incorporation into derivative works, or other distribution by you of any such Content or any part of the Website is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. We reserve all other rights.

Others’ Content.

To the extent you are able to view, or have access to, another member/user’s content, you shall treat any such information as confidential. Such content remains the sole and exclusive property of that member/user and you have no rights to control or disseminate such information.

The Website may include links to other websites not established or supervised by us. We do not endorse, sponsor, or guarantee those linked websites. We are not responsible for any advice, content, or other information made available through such linked websites. You should review such linked website’s terms and conditions and privacy policies as our Terms and Conditions do not apply to any linked websites, nor does our Privacy Policy or our Children’s Privacy Policy.

1. Use of Information. As stated, we collect your information only for use and in conjunction with the Website. We will use the information that you provide to us only to enhance our services to you, and it will not be sold or otherwise disseminated without your permission. Please review our Privacy Policy for a detailed description of how we collect and use your information as use of the Website is also governed by the Privacy Policy.

1. The Beacon. When you subscribe to the Website, you will have the option to purchase the Beacon device for an additional, non-refundable fee. The Beacon device is not required in order to utilize the Website, but it will enhance your experience. Once you purchase the Beacon, it becomes your property, and you will not need to return it upon cancellation of your subscription to the Website. Should issues with your Beacon device arise during your subscription period, you should contact support at support@carrotology.com for assistance.

1. In-App Purchases. We may offer in-app purchases, including making items available for virtual purchase. Virtual items or in-app currency purchased or available to you on the Website are not redeemable or subject to refund and cannot be traded outside of the Website for money or other items for value. Such virtual purchases are final and nonrefundable, even if such purchases were made by your child without a parent or guardian’s permission. We may modify or discontinue virtual items or in-app currency at any time.

1. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use or misuse of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

1. Notices; Disclaimers. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.Each child’s experience using the Website is unique. Therefore, you agree and acknowledge that we are not guaranteeing that use of our Website will improve your child(ren)’s behavior. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising between you and us including those that arise out of or are related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1. Governing Law; Jurisdiction and Venue. This Agreement is to be interpreted in accordance with the laws of the state of Kansas. Any dispute between you and us is to be governed by the laws of the state of Kansas, without regard to principals of conflicts of law. You agree that by utilizing this service you agree to submit to venue in Johnson County, Kansas and the circuit and/or federal courts having jurisdiction therein.

1. Notice. We may provide you with notices, including legally binding notices and notices with regard to changes to these Terms and Conditions using any reasonable means, including by email, regular mail, text message, SMS, MMS, and/or postings on our website. You agree that if you are deemed to have received any notice that would have been delivered to you had you accessed the service, it shall serve as valid notice despite the fact you may have failed to access our service.

1. Entire Agreement; Other. These Terms and Conditions constitute the entire agreement between you and use with regard to the use of our products and services. If any provision of these Terms and Conditions is held invalid, the remainder shall continue in full force and effect. Our failure to exercise or enforce any right or provision provided to us under these Terms and Conditions shall not constitute a waiver of any such right or provision. You agree that your subscription is non-transferable and all of your rights to your profile and contents within your account terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of this agreement and you may not make any representations or bind the company in any manner.

1. Amendment. These Terms and Conditions are subject to being changed by us at any time in our sole discretion. Your use or purchase of our products or services, regardless of whether you pay for the same, following any changes to these Terms and Conditions constitutes acceptance by you of the revised Terms and Conditions. If you do not accept the changes to the Terms and Conditions, you should stop using our service immediately.

1. Acceptance. The Website is provided upon the absolute condition of your full and complete acceptance of these Terms in their entirety. You acknowledge that but for your full and complete acceptance of these Terms, we would not make the Website available to you. You acknowledge that by (i) clicking to submit information or initiate an action through the Website, (ii) clicking to accept or agree to these Terms and Conditions, or (iii) otherwise using or accessing the Website, in each situation where these Terms and Conditions are linked, you accept and agree to be bound and abide by these Terms and Conditions, which is a binding legal agreement between you and us regarding your use and all claims arising out of or related to the Website to which these Terms and Conditions are linked. If you do not want to agree to these Terms of Use, you must not access or use the Website.

1. Contact. You may contact us regarding these Terms and Conditions at info@carrotology.com.

Terms and Conditions