Effective Date: 7/1/2016
HOOT for Kids is committed to safeguarding your
privacy; we take your privacy seriously. We will not sell, rent or otherwise
distribute your personally identifiable information, which we receive through
our website or from any other source, to third parties except as explained
below. Please read the following policy to understand the care with which HOOT for Kids
will treat your information. This policy may change from time to time so please
check back periodically.
If you have concerns, comments or questions concerning this policy, please send us a
message through the "Contact" section of www.HOOTforKids.com
What information does HOOT for Kids collect from me?
HOOT for Kids may collect information about you, such as your name, postal address, email
address , zip code, phone number, child's name, age, and child's level of development through any of the
following: online email address submissions, purchases, surveys, online gift card purchases, customer
relations communications or other voluntary activities.
Can I remain anonymous when I provide information to HOOT for Kids?
You can visit our Website without identifying yourself or giving us any personal information. If you give
us your email address, make a purchase voluntarily provide feedback to customer relations or complete a
survey, you will no longer be anonymous to HOOT for Kids. We may ask you for additional information from
time to time, which you may decide to provide to us or not. If you contact HOOT for Kids through the
Website or otherwise, we may keep a record of that correspondence.
How does HOOT for Kids use the information?
HOOT for Kids’ primary goal in collecting information is to improve customer service by
understanding your preferences, communicating HOOT for Kids promotions and services and
providing you with the best possible experience. On a blinded, aggregated basis, we may
do research on our customers' and Website users' demographics and behavior based on the
information you, other customers and users provide to us. Personally identifiable
information would not be used for this type of research. We may disclose such blinded
and aggregated data and user statistics to third parties and for other lawful purposes.
Does HOOT for Kids share my information?
We will not sell, rent or otherwise distribute your personally identifiable
information to third parties, except when we have your permission or under the
How can I control access to my personal information and its use?
- As required by law: We may disclose or access your information when we
believe in good faith that the law requires it.
- To provide service: We may share aggregated, non-identifiable information
as well as personally identifiable information with our affiliated companies and
service providers, such as those who provide gift card service or email
marketing. All such service providers are under contract with HOOT for Kids to help
provide specific services. If you do not want your information to be shared, you
can choose not to provide the information.
- Other: We may disclose user information in special cases when we have
reason to believe that disclosing such information is necessary to identify,
contact or bring legal action against someone who may be violating HOOT for Kids’ Website Terms
of Use, or may otherwise be causing injury to or interference
with (either intentionally or unintentionally) HOOT for Kids’ rights or property, other
HOOT for Kids Website users or customers, or anyone else that could be harmed by such
activities. We may also need to disclose user information to service providers
when necessary to maintain, service or improve our Website, products and
services. As we continue to develop our business, we may buy or sell business
assets. In such transactions, confidential customer information generally is one
of the transferred business assets. In the event of a sale of some or all of
HOOT for Kids’ business, customer and site visitor information may be one of the
You may contact us you wish to view, edit or delete your personal information from our
database and we will use commercially reasonable efforts to accommodate your request.
How does HOOT for Kids protect financial-related information?
Keeping your personal financial information private is vitally important to us.
You may provide such information to us when you make a purchase online. We
do not store credit card numbers or bank account numbers. This information will
be kept secure and we will transfer your credit card number, bank account number
or other personal information only to the third party gift card service
provider, which is bound to keep your information confidential, and to the
appropriate credit card company or bank only in order to process any online
What security precautions are in place to protect the loss, misuse or
alteration of my information?
We closely guard your personally identifiable information. We use encryption
technology for credit card numbers and bank account numbers. Remember to close
your browser window when you have finished your order. This is to
ensure that others cannot access your information by using your computer when
you are away from it. Because of the global nature of the Internet, when you
give us information, that information may be sent electronically to servers
outside of the country where you originally entered the information. Though no
data transmission over the Internet can be guaranteed to be 100% secure, HOOT for Kids
employs security techniques that are designed to protect the privacy of any
information you share with us.
What are cookies and how does HOOT for Kids use them?
tags or web bugs to store and understand more information about you, such as
your nearest HOOT for Kids restaurant. A cookie is a small amount of data that is sent to
your browser from a Web server and stored on your computer's hard drive. Beacon
tags and web bugs allow us to understand what users have viewed a page. We may
and to monitor traffic on the site and measure traffic patterns to improve
How do I opt out?
If you no longer wish to receive ongoing marketing communications from us, we
will provide you with simple instructions on each marketing email from HOOT for Kids to
enable you to unsubscribe from future emails from HOOT for Kids. You may also contact the
Privacy Desk as explained above or opt out by sending us a message through the "Contact"
section of www.HOOTforKids.com
What else should I know about my privacy?
Please keep in mind that whenever you voluntarily disclose information online,
that information may be accessible to other online users. Ultimately, you are
solely responsible for maintaining the secrecy of your passwords and/or any
other personal information. Please be careful and responsible whenever you are
How is information from children treated?
HOOT for Kids does not intend to collect any personally identifiable information from
children under the age of 18 without verifiable parental consent. In fact, when
we request personal information from users of this Website, we also ask for
their birth date in order to comply with the Children's Online Privacy
Protection Act (COPPA) which prohibits the collecting of personal information of
anyone under the age of 18. If we learn that such a child has provided us with
personally identifiable information, we will immediately delete it. If you learn
that such a child has provided us with personally identifiable information, the
parent or guardian should contact us at the Privacy Desk above and we will
immediately delete it.
Your use of the Website of HOOT for Kids ( HOOT for Kids ) or any of
the products or services offered on the Webs site (Services) is subject to these
back periodically. When you use our Website, you accept these Terms, including
any changes that we make from time to time.
Some of the Services may be subject to additional posted conditions and your use
of those Services is subject to those conditions. In the event of an
inconsistency between these Terms and any additional posted conditions, the
provisions of the additional conditions will control.
Unless you have greater rights in a separate signed agreement with us, we have
the right, but not the obligation, to take any of the following actions in our
sole discretion at any time and for any reason without giving you any prior
- Restrict, suspend, or terminate your access to all or any part of our Services
or the Website;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any content that is available on our Website;
- Establish general practices and limits concerning use of our Website.
You agree that we will not be liable to you or any third party for taking any of
You understand and agree that our Services may include communications such as
service announcements and administrative messages from us or from our affiliates
or business partners and that these communications are considered part of the
Services. You also understand that our Services may include advertisements.
You are solely responsible for all materials, whether publicly posted or
privately transmitted, that you upload, post, e-mail, transmit, or otherwise
make available on our Site ("Your Content"). You certify that you own all
intellectual property rights in Your Content. You hereby grant HOOT for Kids, our
affiliates, and our partners a worldwide, irrevocable, royalty-free,
nonexclusive, sublicensable license to use, reproduce, create derivative works
of, distribute, publicly perform, publicly display, transfer, transmit,
distribute, and publish Your Content and subsequent versions of Your Content for
the purposes of (i) displaying Your Content on our Site, (ii) distributing Your
Content, either electronically or via other media, to users seeking to download
or otherwise acquire it, and/or (iii) storing Your Content in a remote database
accessible by end users, for a charge. This license shall apply to the
distribution and the storage of Your Content in any form, medium, or technology
now known or later developed.
Content on our Website
Our Website includes a combination of content that we create and that our
affiliates or business partners create. All materials published on our Website,
including, but not limited to, written content, photographs, graphics, images,
illustrations, marks, logos, sound or video clips, and Flash animation, are the
intellectual property of HOOT for Kids or our affiliates or business partners. You may
not modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works of, distribute, publicly perform, publicly
display, or in any way exploit any of the materials or content on our Website
in whole or in part, other than as necessary for your own personal
non-commercial use, without our written consent.
Our Website contains content that we create as well as content provided by
third parties. This content may include, among other things, company
information, and product or service information or reviews. There may be some
inadvertent inaccuracies or typographical errors in the content and we do not
guarantee the accuracy, integrity, completeness or quality of the content on our
Website or that located at third party URLs that may be posted on our Website.
Trademarks and logos
The use of HOOT for Kids’ trademarks, service marks and logos is prohibited without our
written consent and we will strictly exercise and enforce our rights to them to
the full extent of the law.
All of the information that we collect from you, such as your e-mail address and
related personal information and credit card information, is subject to our
Your conduct on our Website
Any information that you choose to provide us must be true, accurate, current,
and complete. You agree not to copy or imitate the appearance, design or style
of our Website. The technology and the software underlying our Website and the
Services is the property of HOOT for Kids, our affiliates and/or our business partners.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in, or otherwise transfer any right
to the technology or software underlying our Website or the Services. You agree
not to modify the software underlying our Website in any manner or form or to
use modified versions of such software, including (without limitation) for the
purpose of obtaining unauthorized access to our Website.
You agree that you will not use our Website or its content to take any of the
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of
HOOT for Kids or any other person or entity;
- Transmit files that contain viruses, corrupted files, or any other similar
software or programs that may damage or adversely affect the operation of
another person's computer, our Website, software or hardware, third party websites
or telecommunications equipment;
- Restrict or inhibit any other user from using and enjoying any public area
within our Website;
- Collect or store personal information about other end users;
- Interfere with or disrupt our Website, servers, or networks;
- Take any action that imposes an unreasonably or disproportionately large load on
- Transmit information that infringes any trademark, patent, copyright or other
intellectual property right of any third party; or
- Engage in any illegal activities.
Use of our Website is subject to existing laws and legal process. Nothing
contained in these Terms will limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your use of our
You hereby agree to indemnify, defend and hold HOOT for Kids and all of our officers,
directors, owners, employees, agents, information providers, affiliates,
partners, and licensors (collectively, HOOT for Kids’ Parties) harmless from and against
any and all liability, losses, costs, and expenses, including attorneys' fees,
incurred by any HOOT for Kids Party in connection with any claim, including, but not
limited to, claims for defamation, violation of rights of publicity or privacy,
copyright infringement, or trademark infringement arising out of:
- Your use or misuse of our Website or any information obtained from our Website;
- Your connection to our Website;
- Your violation of these Terms; or
- Your violation of the rights of HOOT for Kids or any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims.
Unless you have greater rights in a separate signed agreement with us, we
disclaim any service outages that are caused by our maintenance on the servers
or the technology that underlies our Website, failures of our service providers
(including telecommunications, hosting, and power providers), computer viruses,
natural disasters or other destruction or damage of our facilities, acts of
nature, war, civil disturbance, or any other cause beyond our reasonable
WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN
ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEBSITE. OUR
WEBSITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEBSITE IS DONE AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR
DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS
PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEBSITE WILL MEET YOUR REQUIREMENTS,
(ii) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE
OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR
AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO OUR WEBSITE, ANY CONTENT, OR ANY OF OUR SERVICES,
TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITE AND THE
ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR
THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
HOOT for Kids may elect to resolve any controversy or claim arising out of or relating to
these Terms or our Website by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim will be arbitrated on an individual basis and will not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration will be conducted in Orange County, California
and judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either you or we may seek any interim or preliminary
relief from a state or federal court of competent jurisdiction in the state of
California, necessary to protect the rights or the property of you or HOOT for Kids (or
its agents, suppliers, and subcontractors), pending the completion of
Our failure to exercise or enforce any right or provision of these Terms will
not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of our Website or these Terms
must be filed within one year after such claim or cause of action arose or be
These Terms will be construed in accordance with the laws of the State of
California, and the parties irrevocably consent to bring any action to enforce
these Terms before an arbitration panel or before a court of competent
jurisdiction in California if seeking interim or preliminary relief or
enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision, and the remainder of the Terms shall continue
Infringement Claims/Copyright Agent
If you believe that any material contained on the Site infringes your copyright
or other intellectual property rights, you should notify HOOT for Kids of your copyright
infringement claim in accordance with the following procedure. HOOT for Kids will process
notices of alleged infringement which it receives and will take appropriate
action as required by the Digital Millennium Copyright Act (DMCA) and other
applicable intellectual property laws. The DMCA requires that notifications of
claimed copyright infringement should be sent to this Site's Designated Agent
who is: http://www.loc.gov/copyright/
U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
Price and availability subject to change HOOT for Kids reserves the right to alter the
of all provisions and restrictions due to the nature of the ever evolving
please send us a message through the "Contact" section of www.HOOTforKids.com
© 2018 HOOT for Kids, LLC unless otherwise noted. All Rights Reserved.