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Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOU MUST ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.

This Kohl's FIT website ("Site") is provided by Phoenix Children's Hospital and Kohl's. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions of Use, and to comply with all applicable laws and regulations.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

If you do not agree to these Terms and Conditions of Use, you should not use this Site!

We may change these Terms and Conditions of Use at any time. Your continued use of this Site means that you accept all such changes.

Kohl's FIT Program. This Site intends to make it possible for children (ages 6 to 18 years) to have the skills to live healthier by making informed choices. This Site provides programs that address children's health promotion through one or more of the following critical areas:

· Physical Activity - Includes support of programs that work directly with children and adolescents to promote physical activity through behavior-focused strategies.

· Nutrition - Includes support of programs that work directly with children and adolescents to promote nutrition and healthy eating habits through behavior-focused strategies.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. As a user of this Site, you agree that no relationship exists between you and us for the purpose of providing recommendations or advice, and that we do not owe you any duty of care to screen or evaluate information for its safety, reliability, completeness, or suitability for any purpose.

The contents of this Site, such as text, graphics, images, information obtained from our licensors, and other material contained on this Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider concerning any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that might be mentioned on this Site. Reliance on any information provided by us on this Site is solely at your own risk.

USE OF CONTENT. We authorize you to view or download the Content on this Site in accordance with this Agreement. You may use the Content solely for the Kohl's FIT Program, and without modification, and you must include all copyright, trademark and other proprietary rights notices that are contained in the Content. No other use of the Site or the Content is authorized. Further, the Content shall be used solely for the purposes contemplated by the Site, and all use of the Content must be strictly in accordance with the copyright and trademark laws of the United States of America. You agree that any copy of the Content or any portion thereof that you make shall retain all copyright and other proprietary notices contained therein. Any special rules for the use of certain software and other items accessible on this Site may be included elsewhere within this Site and are incorporated into these Terms and Conditions of Use by reference.

If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates, and you must immediately destroy any copies you have made of any portion of the Content, and you must retrieve any copies that you may have given to others, or permitted others to make.

LIABILITY OF Phoenix Children's Hospital and Kohl's. Please be aware that your use of this Site and its Content is at your own risk.

When using this Site, information will be transmitted over a medium that might be beyond the control and jurisdiction of Phoenix Children's Hospital, Kohl's, and our licensors and suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Site.

This Site and its Content are provided on an "as is" basis. Phoenix Children's Hospital, Kohl's, and OUR LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Phoenix Children's Hospital, Kohl's, and our licensors and suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of this Site.

2. The satisfaction of any governmental regulations requiring the approval or compliance of any software tools with regard to the Content contained on this Site.

In no event shall Phoenix Children's Hospital, Kohl's, our licensors or suppliers, or any third parties mentioned on this Site, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Phoenix Children's Hospital, Kohl's, our licensors or suppliers, or any third parties mentioned on this Site, know, should know or are advised of the possibility of such damages. Phoenix Children's Hospital, Kohl's, our licensors and suppliers, and any third parties mentioned on this Site, are not liable for any personal injury, including death, caused by your use or misuse of this Site or the Content.

PASSWORDS. This Site has tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Kohl's FIT password, user name, or account. It is your sole responsibility to (1) control the dissemination and use of activation codes, user names, and passwords; (2) authorize, monitor, and control access to and use of your Kohl's FIT user name, account, and password; and (3) promptly inform Phoenix Children's Hospital at kidsrockstars@phoenixchildrens.com of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Site. We cannot and do not assume any responsibility or liability for any information you submit to us, or your or any third party's use or misuse of information transmitted or received using this Site's tools and services.

LINKS TO OTHER SITES. The Site may provide links to third-party web sites. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, and do not make any representations regarding their content, accuracy or legality. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. We do not endorse any product advertised on this Site or other websites.

CONTACT US. Questions or comments regarding this Site and/or its Content, including any reports of non-functioning links, should be directed to: kidsrockstars@phoenixchildrens.com

INDEMNITY. You agree to defend, indemnify, and hold us, and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.

COMPLETE AGREEMENT. Except as expressly provided in a particular "legal notice" on this Site, these Terms and Conditions of Use constitute the entire agreement between you and us with respect to the use of this Site and its Content.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use!

PLEASE NOTE: This Site does not provide medical advice, diagnosis, or treatment. The Content and other information described in these Web pages are accurate, to the best of our knowledge, at the time of publication. We provide this information for informational purposes only, and not as a substitute for medical, legal, or other professional advice. Neither Highmark Foundation nor InnerLink, nor any of our respective licensors or suppliers, shall be liable to any other person or entity for any damages of any kind for any reason pursuant to any legal theory, incurred by the User as a result of its/her/his use of or reliance on the information.

© 2010 Phoenix Children's Hospital. All rights reserved.

 

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9+ hours of sleep
5 servings of fruits and veggies
2 hours or less of screen time
1 hour of play
0 sugary drinks

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