Terms of Use

Table of Contents

Begin Terms Of Use

Effective date: May 30, 2023

Please read these Terms of Use (“Terms of Use” or “Terms”) carefully before using the BEGiN Services (as defined below). Please note that we offer services through a wide range of businesses and under many different brands, including Little Passports, HOMER (including Learn & Grow, Learn & Play by Fisher-Price, and Learn with Sesame Street), codeSpark, and kidpass Tutors. Your use of products, services, and websites from Conscious Content Media Inc.’s affiliated brands (including Member Services, defined below) is governed by the respective terms of use or other user agreements for those services.

By accessing or using any of the BEGiN Services or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use and to our collection, use, disclosure, and handling of information as described in our Privacy Policy. If you do not agree to these Terms of Use and Privacy Policy, you may not use the Services (as defined below).

Conscious Content Media Inc. (also known within this document as “BEGiN,” “we,” or “us”) endeavors to provide a safe and friendly educational environment for its users. All references to “you” or “your” mean the person who accesses, and/or uses the Services in any manner, and their heirs, successors, and assigns. 

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “CLASS ACTION WAIVER AND ARBITRATION” PROVISIONS BELOW IN SECTION 5.2.

1. GENERAL TERMS AND LICENSE

1.1 Governing Agreement

The Terms of Use of this agreement govern the relationship between you and BEGiN regarding your use of beginlearning.com and related websites and services that link to this Terms of Use (the “BEGiN Services”).  

1.2 Definitions

“Account Fee” – is a fee for any Product or Service associated with a user Account, including but not limited to Subscription Fees for access to the Services.

“Account Owner” – is a parent, guardian, or other adult who has created an account on the BEGiN Services. Account Owners have access to varying levels of functionality and content.

“Member” – is an Account Owner who has an active subscription to access BEGiN's Member Services.

“Membership” – is a membership of a Member who has subscribed to BEGiN's Member Services.  

“Member Services – any relevant services and products – whether offered by us, our affiliates, or others – that you need a Membership in order to access or receive.

“Products” – tangible items which may be purchased on BEGiN’s websites and/or mobile applications, and as available through other channels and retailers.

“Services” – the BEGiN Services and Member Services.

“Subscription Fee” – is a fee for access to Member Services.

“You”– in reference to you as the user or purchaser of the Services.

1.3 Terms of Use and Privacy Policy

By using the Services you: (1) agree to be bound by these Terms of Use; (2) agree to our privacy policy, which is located at https://www.beginlearning.com/privacy-policy/#begin-section and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on the Services from time to time. The legally binding Terms of Use set out your rights, obligations, and restrictions regarding your use of our Services.  If you do not agree to the Terms of Use and Privacy Policy, do not use the Services.

In order to participate in certain Services, you may be required to download content, software, and/or required to agree to additional Terms of Use. Unless otherwise expressly set forth in any such additional Terms of Use applicable to the specific Services or Member Services in which you choose to participate, those additional Terms of Use are incorporated into this Agreement. YOU MUST BE A PARENT, LEGAL GUARDIAN, OR OTHER ADULT TO USE OUR SERVICES; BY AGREEING TO THE TERMS OF USE AND PRIVACY POLICY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THE SERVICES AND M.

1.4 Eligibility for Use 

Although we offer products and services designed for children of all ages, the Services are not designed for anyone under 18 years of age. The use of products and services available from brands under the BEGiN umbrella (including the Member Services), including by children, is subject to the respective terms and conditions governing those products and services. You affirm that you have read and accepted these Terms of Use and the Privacy Policy, and are fully able and competent, and in fact do, to enter into the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. 

1.5 Updates to the Terms of Use

We may, from time to time, modify these Terms. We, therefore, reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting the amended Terms of Use on or within the Services or other notice in our discretion or required by law. The updated Terms of Use will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you or as required by applicable law, and except as provided in the Mandatory Arbitration and Class Action Waiver Section 5.2 of these Terms of Use. You will be deemed to have accepted such changes to the Terms of Use by continuing to use any of our Services. BEGiN may also revise other policies, codes or rules at any time, and the new versions will be available at or within our Services. 

If at any point you do not agree to any portion of the then-current version of our Terms of Use or Privacy Policy, or any other BEGiN policy, your license to use the Services shall immediately terminate and you must immediately stop using our Services.

To the extent the Terms of Use or Privacy Policy conflict with any other BEGiN policy, rules or codes of conduct, the terms and conditions contained in these Terms of Use and Privacy Policy shall govern.

1.6 Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant BEGiN policies, BEGiN grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Section 1 to access and use the Services for your own non-commercial purposes.

1.7 Account Information

When creating or updating an account, you may be asked to provide BEGiN with certain personal information, which will be subject to our Privacy Policy. You agree that you will supply accurate and complete information to BEGiN and that you will update that information promptly after it changes.  You agree you will not share your login information (including your password) with anyone else and you will notify us if you suspect there has been unauthorized access to your account.

You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the login information and anything that happens through your account. BEGiN will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur because of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, liability, damages, expenses, and attorneys’ fees incurred by BEGiN or a third party due to someone else using your account.

BEGiN reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

1.8 Account Fees

BEGiN may charge an Account Fee or Subscription Fee for access to certain Services, including Member Services. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

By enrolling in Member Services, you must accept the terms of use or other user agreements for each affiliate whose services or products are included in those Member Services. This may include Little Passport’s User Agreement, HOMER’s Terms of Use, and codeSpark’s Terms of Service.

1.8.1 Authorization to Charge for Use of Services

You must provide accurate and complete information for a valid payment method that you are authorized to use (such as a credit card or other payment method accepted by us to activate and maintain an account). You authorize BEGiN to charge you through the payment method that you use when you register for access to Member Services. You are also responsible for charges for any Products or Services ordered through your account that are offered for sale through our Services. If we do not receive payment via your payment method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the payment method you provide is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal).

1.8.2 Subscription Renewal 

If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly, semiannually, or annually) until cancelled. You will be charged your first Subscription Fee and any applicable taxes on the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The Subscription Fee is non-refundable except as expressly set forth in these Terms of Use or in accordance with applicable law. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Member Services or cancel your Subscription. You will be responsible for paying all past due amounts.

After the first month Subscription Fee is charged, your subscription period will renew on the date will be displayed in your [Account] page next to your active Subscription (the “Renewal Date,” which may be more than 30-days after the date of initial subscription). We reserve the right to change your Renewal Date after providing you with prior advance notice and any such changes will be displayed in your [Account] page next to your active Subscription.

1.8.3 Subscription Cancellations

When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. You may cancel your subscription by emailing customer service at support@beginlearning.com.

1.8.4 No Refunds

EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE and if you cancel your subscription, you will not receive any refund and you will continue to have access to the Services through the end of the subscription period. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and we may terminate your subscription and access to the Services.

We may, at our discretion, offer new customers a limited 30-day money back guarantee.  If you purchased subject to this offer, the guarantee is applicable to all eligible Services purchased directly from us within the specified time frame.  The guarantee is valid for 30 calendar days from the date of purchase.  If, within the eligible period, you decide that the Services do not meet your expectations or requirements, you can request a refund. Please note that certain terms and conditions may apply. Refunds will be issued using the same payment method used for the original purchase. It may take some time for the refund to be processed and for the funds to be reflected in your account, depending on your financial institution. If you have any questions or concerns regarding the refund process or if you wish to initiate a refund, please contact our customer support team at support@beginlearning.com. They will guide you through the necessary steps and assist you with any queries.

1.8.5 Free Trials and Promotional Rates

We may offer promotional trial subscriptions to obtain a Membership on a trial basis or access Services for free or at promotional rate, as well as referral discounts or similar free access to Member benefits when you refer a new user(s). 

If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you may be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have cancelled your subscription. You may cancel your subscription during your free trial to avoid being charged as described above.

If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of billing periods and upon completion of that period, your subscription will continue to automatically renew at the then-applicable full rate.

You may only be permitted to use one free trial or discounted price offer. If your subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible for a free trial or to take advantage of another discounted price offer.

1.8.6 Termination

We may terminate your subscription at our sole discretion and without any notice. If we cancel your subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms of Use, any applicable law, or has harmed another user. 

1.8.7 Changes to the Subscription

We may change the subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

1.9 License and Use Limitations

You are granted the revocable, non-transferable right and license to use the Services, including BEGiN educational content, Products, and games, for your private, non-commercial use. Any use of our Services in violation of the License Limitations defined in this Section is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.6, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any BEGiN content is a violation of BEGiN policy and may be a violation of criminal and civil laws.

You agree that you will not, under any circumstances (together, “License Limitations”):

  • Access the BEGiN Services if you under the age of 18;
  • Fail to monitor your account to restrict use by minors. You accept full responsibility for unauthorized use of the Services, including by minors, in connection with your account;
  • Engage in any act that BEGiN deems to conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms of Use or any other BEGiN policies;
  • Have more than one account at any given time, or create an account using a false identity or information, or on behalf of someone other than yourself;
  • Have an account or use any of the Services if you have previously been removed by BEGiN or previously been banned from accessing any of our Services;
  • Create an account or use any of the Services if you are a convicted sex offender;
  • Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Post any content or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or harasses, abuses, or threatens another person or is false or misleading;
  • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
  • Post or do anything that could disable, overburden, or impair the proper working of the Services, including make available any material that contains any virus, malware, software lock, worm, trojan horse, trap door, or similar material. 
  • Without BEGiN’s express written consent, use the Services or any part thereof for any commercial purpose, such as benchmarking;
  • Use your account to advertise, solicit, or transmit commercial advertisements or unauthorized communications through the Services, including junk mail, chain letters, spam, repetitive messages and any materials that promote malware, spyware and downloadable material;
  • Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Service in any way not expressly permitted by these Terms of Use, such as posting or doing anything that could disable, overburden, or impair the proper working of the Services, including making available any material that contains any virus, malware, software lock, worm, trojan horse, trap door, or similar material;
  • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by BEGiN, such as scraping, framing, or copying; or
  • Copy, modify or distribute rights or content from any Services or BEGiN’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Use.

All necessary photo, journalistic, and/or artistic credits are named in the Terms of Use on our website.

1.10. Suspension and Termination of Account and Services

Without limiting any other remedies, BEGiN may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if BEGiN suspects that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Without limiting our other remedies, BEGiN may limit, suspend or terminate any part of our Services and Accounts or portions thereof, prohibit access to our Sites and their content, and take technical and legal steps to prevent users from accessing our Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms of Use or policies. Additionally, BEGiN may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third party intellectual property rights.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted. You may also lose access to Products associated with your account.

1.12 Ownership

1.12.1. ACCOUNTS

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of BEGiN.

Generally, accounts created with BEGiN will be considered active until we receive an Account Owner request to deactivate or delete them; we also reserve the right to terminate any account that has not been accessed for 180 days.

1.12.2 THIRD PARTY HYPERLINKS AND THIRD PARTY CONTENT

The Services will often have hyperlinks to third party sites and may display content and other information from third party sites (“Third Party Content”). BEGiN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms. Furthermore, BEGiN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. BEGiN and its subsidiaries and affiliates are not responsible for any errors or omissions or for the results obtained from the use of such information contained in Third Party Content.

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by BEGiN, its subsidiaries and affiliates of the opinions or views expressed by these third party websites.

Finally, BEGiN will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

1.13 Feedback

We welcome feedback, comments and suggestions for improvements to our Services. You can submit feedback by contacting us using the information in the “Contact Us” section below. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, modify, create derivative works based upon and otherwise exploit the feedback you provide for any purpose.

2. COPYRIGHT NOTICES/COMPLAINTS

It is BEGiN’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). 

In accordance with the Digital Millennium Copyright Act of 1998, BEGiN will respond promptly to claims of copyright infringement that are reported to our Designated Copyright Agent in this form:

DMCA Notice of Alleged Infringement ("Notice") 

(1) Identify the copyrighted work that you claim has been infringed, or provide a comprehensive list of the copyrighted works that you claim have been infringed.

(2) Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, if applicable, the URL of the link or a specific description of where the material may be found.

(3) Provide your mailing address, telephone number, and, if available, email address.

(4) Include both of the following statements in the body of the Notice:

  • (a) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • (b) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

(5) Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Conscious Content Media’s Designated Copyright Agent at support@homerapp.com or 121 Varick Street, Floor 3, NY, NY 10013.

BEGiN reserves the right to terminate without notice any user’s access to any of the Services if that user is determined by BEGiN, in its sole discretion, to be a "repeat infringer." In addition, BEGiN accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

3. UPDATES TO THE SERVICE

BEGiN may require that you accept updates to the Services. You acknowledge and agree that BEGiN may update the Services with or without notifying you.

4. DISCLAIMERS AND LIMITATIONS OF LIABILITY

4.1. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEGiN is not responsible or liable for functions or features that are interrupted, unsecure, or contain errors. We do not warrant that defects will be corrected. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Services or with respect to the information and material contained on these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEGiN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), THAT MAY RESULT FROM THE USE OF OR IN CONNECT WITH, OR THE INABILITY TO USE, THE MATERIALS, INFORMATION, OR ANY LINK PROVIDED ON THE SERVICES. Notwithstanding the foregoing, in no event shall BEGiN’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. " This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

4.2. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 5.1. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 5.1 specifically do apply to you.

4.3. Indemnification

You agree to indemnify, defend and hold harmless, BEGiN, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. BEGiN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BEGiN in asserting any available defenses. 

You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Services.

5. DISPUTE RESOLUTION

5.1. General

You and BEGiN agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (“Claim”) in accordance with Subsection 6.2 or as BEGiN and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.

5.2. CLASS ACTION WAIVER AND ARBITRATION

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

5.2.1 Application. You and BEGiN agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 6.2 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to product availability, purchases, and advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

5.2.2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. In the event of a possible claim, a party must first send to the other, by certified mail, a written Notice of Dispute ("Notice") describing (a) the nature and basis of the claim or dispute; and (b) the specific relief sought (“Demand”). The Notice to BEGiN should be addressed to: Dispute Resolution Agent, BEGiN Inc, 121 Varick St., Floor 3, New York, NY 10013 USA ("Notice Address"). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with BEGiN, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. 

5.2.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section __ below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services or any services provided by BEGiN  shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class or representative actions. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator.  The amount of any settlement offer made by BEGiN or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BEGiN is entitled. Any failure or other delay by either party in enforcing this Section at any time, or in connection with any particular claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

5.2.4 Arbitrator’s Powers. Except as explicitly set forth in this Section 6.2, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

The rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require BEGiN to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, BEGiN will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.  If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator. 

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 14 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

5.2.5 Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you, unless you and we both agree to another location or telephonic arbitration. You and BEGiN agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

5.2.6  Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BEGIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

5.2.7  Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

5.2.8  30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [INSERT] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of (a) [Date you post these updated terms]; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, BEGiN also will not be bound by them.

5.2.9  Changes to This Section. BEGiN will provide thirty (30) days' notice of any changes affecting the substance to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. If you continue to use the site after the 30th day, you agree that any unfiled claims of which BEGiN does not have actual notice are subject to the revised clause.   You may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Section.

5.2.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive (i) any termination of your use of the Services or changes in, these Terms of Use other than changes to this section and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. 

Any failure or other delay by either party in enforcing this Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

6. SEVERABILITY

You and BEGiN agree that if any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.

7. GENERAL PROVISIONS

7.1 Force Majeure.

Under no circumstances shall BEGiN or its subprocessors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

7.2. Assignment

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without BEGiN’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

7.3. Entire Agreement

These Terms of Use contain the entire understanding of you and BEGiN and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service. These Terms of Use may be supplemented by additional terms of use or other user agreements for other services (including Member Services).

7.4. Notices

We may notify you via postings or via e-mail. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to BEGiN using the information in the “Contact Us” section below.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

You consent to receive notifications from BEGiN electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to it in an unchanged form. You agree to keep your contact information current.

7.5 Statute of Limitations

Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

7.6 No Waiver. 

No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of BEGiN to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. 

8. Contact Us

If you have any questions about these Terms of Use, please contact us by email at support@beginlearning.com or use our online contact us form

HOMER Terms of Use

Effective date: February 17, 2022

Please read these Terms of Use ("Terms of Use" or "Terms") carefully before using any HOMER services.

By accessing or using any of our Services (as defined below) or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use and to our collection, use, disclosure, and handling of information as described in our Privacy Policy. If you do not agree to these Terms of Use and Privacy Policy, you may not use Services.

HOMER (also known within this document as "Conscious Content Media", "we", or "us") endeavors to provide a safe and friendly educational environment for its users. Our Services include our mobile applications, our website ("Sites"), Products and other features, content and functionality offered by us from time to time in connection with our Sites. All references to "you" or "your" mean the person who accesses, and/or uses the Services in any manner, and their heirs, successors, and assigns.

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE "CLASS ACTION WAIVER AND ARBITRATION" PROVISIONS BELOW IN SECTION 6.2.

 

1. GENERAL TERMS AND LICENSE

1.1 Governing Agreement

The Terms of Use of this agreement govern the relationship between you and Conscious Content Media regarding your use of Conscious Content Media's mobile applications, educational content, games, related services, and Conscious Content Media's websites, including (together, "Services").  The Terms of Use also apply to any free trial of a Conscious Content Media Premium Service.

IF YOU ARE A PARENT OR GUARDIAN AND YOU ALLOW YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SERVICES. IF YOU ARE A SCHOOL OFFICIAL AND PROVIDE YOUR CONSENT TO A CHILD'S REGISTRATION WITH THESE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SITE, THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA).

If you consent in accordance with the HOMER Messaging Terms & Conditions, your use of the Services is also governed by those Terms & Conditions and you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from HOMER unless you opt-out.

1.2 Definitions

"Account Fee" – is a fee for any Product or Service associated with a user Account including but not limited to Subscription Fees for access to Premium Services.

"Account Owner" – is a parent or guardian who has created an account on https://learnwithhomer.com and/or Conscious Content Media's mobile applications, which may be used by a child. Account Owners have access to varying levels of functionality and content, depending on subsequent in-app purchases made by the Account Owners.

"Activity Kit" – refers to a collection of games, toys, stickers, and other hands-on activities, purchased on a subscription basis together with access to Conscious Content Media's Premium Services, physically packaged together and mailed to an Account Owner on a periodic basis, according to subscription terms.

"Member" – is an Account Owner who has an active subscription to access Conscious Content Media's Premium Services.

"Membership" – is a membership of a Member who has subscribed to Conscious Content Media's Premium Services.  

"Parent" – is an Account Owner that is a parent or legal guardian.

"Postings" – text, messages, ideas, concepts, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions, sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute through the Site's Art Space Feature.

"Products" – tangible items, including Activity Kits, which may be purchased on Conscious Content Media's websites and/or mobile applications, and as available through other channels and retailers.

"Premium Services" – collectively, Conscious Content Media's mobile applications, educational content, Products, games, related services, and areas of Conscious Content Media's websites accessible only by Member Account Owners.

"Services" – collectively, Conscious Content Media's mobile and web applications, educational content, Products, games, related services, and Conscious Content Media's websites.

"Sites" – Conscious Content Media's mobile applications and its website.

"Subscription Fee" – is a fee for access to Premium Services available only to Members.

"You" – in reference to you as the Account Owner and your Child, whom you have granted access to the Services.

1.3 Terms of Use and Privacy Policy

By using Services (including through a free trial period) you: (1) agree to be bound by these Terms of Use; (2) agree to our privacy policy, which is located at https://www.beginlearning.com/privacy-policy/#homer-section and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on the Services from time to time. The legally binding Terms of Use set out your rights, obligations, and restrictions regarding your use of our Services.  If you do not agree to the Terms of Use and Privacy Policy, do not use the Services.

In order to participate in certain Services, you may be required to download content, software, and/or required to agree to additional Terms of Use. Unless otherwise expressly set forth in any such additional Terms of Use applicable to the specific Services in which you choose to participate, those additional Terms of Use are incorporated into this Agreement. YOU MUST BE A PARENT OR LEGAL GUARDIANTO USE OUR SERVICES; BY AGREEING TO THE TERMS OF USE AND PRIVACY POLICY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD'S USE OF THE SERVICES.

1.4 Eligibility for Use

If you are under the age of 13, you must have legal parental or guardian permission to use our Services. Account Owners may only register their own child(ren). Account Owners affirm that any child user associated with their account possesses legal parental or guardian permission to use the Services.  Account Owners affirm that they have read and accepted these Terms of Use and the Privacy Policy, and are fully able and competent, and in fact do, to enter into the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. If you believe that a child under 13 may have provided us personal information without adequate consent, please contact us at accounts@homerapp.com.

1.5 Updates to the Terms of Use

Conscious Content Media may, from time to time, modify these Terms. We, therefore, reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting the amended Terms of Use on or within the Services or other notice in our discretion or required by law. The updated Terms of Use will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you or as required by applicable law, and except as provided in the Mandatory Arbitration and Class Action Waiver Section 6.2 of these Terms of Use. You will be deemed to have accepted such changes to the Terms of Use by continuing to use any of our Services. Conscious Content Media may also revise other policies, codes or rules at any time, and the new versions will be available at or within our Services.

If at any point you do not agree to any portion of the then-current version of our Terms of Use or Privacy Policy, or any other Conscious Content Media policy, your license to use the Services shall immediately terminate and you must immediately stop using our Services.

To the extent the Terms of Use or Privacy Policy conflict with any other Conscious Content Media policy, rules or codes of conduct, the terms and conditions contained in these Terms of Use and Privacy Policy shall govern.

1.6 Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant Conscious Content Media policies, Conscious Content Media grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Section 1 to access and use the Services for your own non-commercial purposes.

1.7 Accessing the Service

You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component.

You are responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

1.8 Account Information

When creating or updating an account, you may be asked to provide Conscious Content Media with certain personal information, which will be subject to our Privacy Policy. You agree that you will supply accurate and complete information to Conscious Content Media and that you will update that information promptly after it changes.  You agree you will not share your login information (including your password) with anyone else and you will notify us if you suspect there has been unauthorized access to your account.

You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the login information and anything that happens through your account. Conscious Content Media will not be liable for any loss, damages, liability, expenses, or attorneys' fees that you may incur because of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, liability, damages, expenses, and attorneys' fees incurred by Conscious Content Media or a third party due to someone else using your account.

Conscious Content Media reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.

1.9 Account Fees

Conscious Content Media may charge an Account Fee or Subscription Fee for access to certain Services. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

1.9.1 Authorization to Charge for Use of Services

You must provide accurate and complete information for a valid payment method that you are authorized to use (such as a credit card, payment via the App Store, or other payment method accepted by us to activate and maintain an account). You authorize Conscious Content Media to charge you through the payment method that you use when you register for access to Premium Services. You are also responsible for charges for any Products or Services ordered through your account that are offered for sale through our Sites or Services. If we do not receive payment via your payment method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the payment method you provide is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal).

1.9.2 Subscription Renewal

If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annual) until cancelled. You will be charged your first subscription fee and any applicable taxes on the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The Subscription Fee is non-refundable except as expressly set forth in these Terms of Use or in accordance with applicable law. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Premium Services or cancel your Subscription. You will be responsible for paying all past due amounts.

1.9.3 App Store Subscriptions

Subscriptions purchased inside the Conscious Content Media app—not on Conscious Content Media's website—are managed directly by the applicable App Store. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Conscious Content Media relies on the App Store to collect subscription fees, manage the subscription, and to report on the status of subscription accounts that have been purchased from within the app. Conscious Content Media does not have the ability to manage any aspect of an App Store subscription on your behalf, including, but not limited to, initiating, canceling, or refunding subscriptions.

1.9.4 Subscription Cancellations

When you cancel a subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. You may cancel your subscription by visiting our website at learnwithhomer.com. If you are not already logged in, click or tap the blue "Log In" button, and enter the email address and password associated with your HOMER membership. Under "Membership", tap "cancel membership" or, for subscriptions purchased through a third party App Store or platform, through that third party. After canceling a subscription, you will continue to have access to Premium Services for the interval of time that has already been prepaid. Conscious Content Media does not provide full or partial refunds for prepaid subscription intervals, regardless of duration.  Conscious Content Media does not accept returns of Products purchased under a subscription plan.

1.9.5 No Refunds

EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE and if you cancel your subscription, you will not receive any refund and you will continue to have access to the Premium Services. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future

1.9.6 Free Trials and Promotional Rates

We may offer promotional trial subscriptions to obtain a Membership on a trial basis or access Services for free or at promotional rate, as well as referral discounts or similar free access to Member benefits when you refer a new user(s).

If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you will be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have cancelled your subscription. You may cancel your subscription during your free trial to avoid being charged as described above.

If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of billing periods and upon completion of that period, your subscription will continue to automatically renew at the full rate.

You may only be permitted to use one free trial or discounted price offer. If your subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible for a free trial or to take advantage of another discounted price offer.

1.9.7 Termination

We may terminate your subscription at our sole discretion and without any notice. If we cancel your subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms of Use, any applicable law, or has harmed another user.

1.9.8 Changes to the Subscription

We may change the subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward

1.9.9 Lifetime Membership

A Lifetime Membership allows you to access HOMER Learn & Grow for up to 4 child profiles until cancelled and for as long as the service is available and supported by us. The lifetime membership applies only to HOMER Learn & Grow and does not extend to any future services that may be developed or other components of the Services. We reserve the right to revise the terms or make changes to HOMER Learn & Grow and the lifetime membership. If your membership or account is cancelled or terminated for any reason, you will lose your lifetime membership, although you may be able to re-subscribe at the then-current rate for a specified period of time. You may not assign, transfer, or resell your lifetime membership to any other person or entity. We make no warranties or representations as to the expected lifetime of HOMER Learn & Grow, and in purchasing a lifetime membership, you acknowledge and agree that HOMER Learn & Grow could change or terminate in the future.

1.10 License and Use Limitations

You are granted the revocable, non-transferable right and license to use the Services, including Conscious Content Media educational content, Products, and games, for your private, non-commercial use. Any use of our Services in violation of the License Limitations defined in this Section is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.6, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Conscious Content Media content is a violation of Conscious Content Media policy and may be a violation of criminal and civil laws.

You agree that you will not, under any circumstances (together, "License Limitations"):

  • - Access the Services without permission of a parent or legal guardian, if you are under the age of 13; to the extent applicable, you shall not create an account for the Services if you under the age of 18;
  • - Fail to monitor your account to restrict use by minors. You accept full responsibility for unauthorized use of the Services, including by minors, in connection with your account;
  • - Engage in any act that Conscious Content Media deems to conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms of Use or any other Conscious Content Media policies;
  • - Have more than one account at any given time, or create an account using a false identity or information, or on behalf of someone other than yourself;
  • - Have an account or use any of the Services if you have previously been removed by Conscious Content Media or previously been banned from accessing any of our Services;
  • - Create an account or use any of the Services if you are a convicted sex offender;
  • - Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • - Post any content or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or harasses, abuses, or threatens another person or is false or misleading;
  • - Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person
  • - Post or do anything that could disable, overburden, or impair the proper working of the Services, including make available any material that contains any virus, malware, software lock, worm, trojan horse, trap door, or similar material.
  • - Without Conscious Content Media's express written consent, use the Services or any part thereof for any commercial purpose, such as benchmarking;
  • - Use your account to advertise, solicit, or transmit commercial advertisements or unauthorized communications through the Services, including junk mail, chain letters, spam, repetitive messages and any materials that promote malware, spyware and downloadable material;
  • - Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Service in any way not expressly permitted by these Terms of Use, such as posting or doing anything that could disable, overburden, or impair the proper working of the Services, including making available any material that contains any virus, malware, software lock, worm, trojan horse, trap door, or similar material;
  • - Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Conscious Content Media, such as scraping, framing, or copying; or
  • - Copy, modify or distribute rights or content from any Services or Conscious Content Media's copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Use.  

All necessary photo, journalistic, and/or artistic credits are named in the Terms of Use on our website.

1.11. Suspension and Termination of Account and Services

Without limiting any other remedies, Conscious Content Media may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if Conscious Content Media suspects that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Without limiting our other remedies, Conscious Content Media may limit, suspend or terminate any part of our Services and Accounts or portions thereof, prohibit access to our Sites and their content, and take technical and legal steps to prevent users from accessing our Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms of Use or policies. Additionally, Conscious Content Media may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third party intellectual property rights.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted. You may also lose access to Products associated with your account.

You may cancel any account registered to you at any time by following the instructions here.

1.12 Ownership

1.12.1. ACCOUNTS

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Conscious Content Media.

Generally, accounts created with Conscious Content Media will be considered active until we receive an Account Owner request to deactivate or delete them; we also reserve the right to terminate any account that has not been accessed for 180 days.

1.12.2 THIRD PARTY HYPERLINKS AND THIRD PARTY CONTENT

The Services will often have hyperlinks to third party sites and may display content and other information from third party sites ("Third Party Content"). Conscious Content Media does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Your interactions with such third parties will be governed by the third parties' own terms of service and privacy policies, and any other similar terms. Furthermore, Conscious Content Media is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Conscious Content Media and its subsidiaries and affiliates are not responsible for any errors or omissions or for the results obtained from the use of such information contained in Third Party Content.

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Conscious Content Media, its subsidiaries and affiliates of the opinions or views expressed by these third party websites.

Finally, Conscious Content Media will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

2. USER CONTENT

2.1. Content Screening

Conscious Content Media may reject, refuse to post or delete any Posting for any or no reason, including, but not limited to, Postings that in the sole judgment of Conscious Content Media may violate these Terms of Use. By providing Postings through our Services, you are granting to Conscious Content Media an irrevocable, world-wide, perpetual, royalty-free, non-exclusive, license to copy, distribute, publicly perform, modify, edit, reproduce, adapt, prepare derivative works or otherwise use such content, with the right to sublicense.

Please be advised that Postings do not necessarily reflect the views of Conscious Content Media. In no event shall Conscious Content Media assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Without limiting the foregoing, Conscious Content Media will have the right to use and change the Postings in any manner that Conscious Content Media may determine.

Additionally, Conscious Content Media may or may not monitor and sweep Postings periodically in its sole discretion. Conscious Content Media does not allow Postings which contain:

  • - profanity or obscenities;
  • - personal attacks on other individuals;
  • - photographs, drawings, video, music, or any other content which infringes the intellectual property rights of any third party;
  • - slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Conscious Content Media deems in its sole discretion to be inappropriate for its Site.

Although Conscious Content Media may periodically monitor the Postings, we have no legal obligation to do so and we cannot be responsible for the views or opinions expressed by third parties. Conscious Content Media reserves the right to refuse to post, edit, or delete any Postings, including those that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring.

If you believe that any content on our Services (including, without limitation, Postings) violates any of the Terms of Use (except for any notices covered by Section 3 Copyright Notices/Complaints ) please send us a message about it (please refer to Section 3 Copyright Notices/Complaints for how to send us a notice regarding copyright issues ). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

2.2. Disclosure

Your information, and the contents of all of your online communications (including without limitation, IP addresses and your personal information), may be accessed and monitored as necessary to provide the Service, in a good faith belief that such access, preservation, or disclosure is permitted by HOMER's Privacy Policy,  or may be disclosed for any of these reasons: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant, or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that our Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection, spam/malware prevention, and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Conscious Content Media, including to enforce these Terms of Use.  Use of the Services constitutes your consent to such monitoring, access, and disclosure.

2.3 Content Provided for Promotions or Contests

From time to time, we may feature certain promotions or contests that allow you to post your child's artwork or other content on our Sites. Participating in these promotions or contests is at your sole discretion. Except as otherwise described in these Terms of Use and in our Privacy Policy, you agree that your content will be treated as non-confidential and nonproprietary and will not be returned. When submitting content to us, you grant to us the non-exclusive, worldwide, irrevocable, perpetual, and cost-free right to use, copy, distribute, sell, display, transmit, publish, make derivative works of, and otherwise use your submitted content, for any purpose. You also grant us, and agree to grant us, the unconditional, perpetual, irrevocable right to make full use of and benefit from your name, persona and likeness in connection with any submitted content. Except as prohibited by law, you hereby waive any moral rights (including attribution and integrity) that you may have in any submitted content. You understand that you will not receive any payment or consideration for any of the rights granted in this Section.

3. COPYRIGHT NOTICES/COMPLAINTS

It is Conscious Content Media's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

In accordance with the Digital Millennium Copyright Act of 1998, Conscious Content Media will respond promptly to claims of copyright infringement that are reported to our Designated Copyright Agent in this form:

DMCA Notice of Alleged Infringement ("Notice") 

(1) Identify the copyrighted work that you claim has been infringed, or provide a comprehensive list of the copyrighted works that you claim have been infringed.

(2) Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, if applicable, the URL of the link or a specific description of where the material may be found.

(3) Provide your mailing address, telephone number, and, if available, email address.

(4) Include both of the following statements in the body of the Notice:

  • (a) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • (b) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

(5) Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Conscious Content Media's Designated Copyright Agent at support@homerapp.com or 121 Varick Street, Floor 3, NY, NY 10013.

Conscious Content Media reserves the right to terminate without notice any user's access to any of the Services if that user is determined by Conscious Content Media, in its sole discretion, to be a "repeat infringer." In addition, Conscious Content Media accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

4. UPDATES TO THE SERVICE

Conscious Content Media may require that you accept updates to the Service and to Conscious Content Media's content you have installed on your computer or mobile device. You acknowledge and agree that Conscious Content Media may update the Service with or without notifying you.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

5.1. DISCLAIMER OF WARRANTIES

THE SITES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Conscious Content Media is not responsible or liable for functions or features that are interrupted, unsecure, or contain errors. We do not warrant that defects will be corrected. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Sites or with respect to the information and material contained on these Sites. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Conscious Content Media, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), THAT MAY RESULT FROM THE USE OF OR IN CONNECT WITH, OR THE INABILITY TO USE, THE MATERIALS, INFORMATION, OR ANY LINK PROVIDED ON THE SERVICES. Notwithstanding the foregoing, in no event shall Conscious Content Media's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Sites.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. " This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

5.2. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 5.1. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 5.1 specifically do apply to you.

5.3. Indemnification

You agree to indemnify, defend and hold harmless, Conscious Content Media, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. Conscious Content Media reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Conscious Content Media in asserting any available defenses.

You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.

6. DISPUTE RESOLUTION

6.1. General

You and Conscious Content Media agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service ("Claim") in accordance with Subsection 6.2 or as Conscious Content Media and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.

6.2. CLASS ACTION WAIVER AND ARBITRATION

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

6.2.1 Application. You and Conscious Content Media agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 6.2 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to product availability, purchases, and advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

6.2.2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. In the event of a possible claim, a party must first send to the other, by certified mail, a written Notice of Dispute ("Notice") describing (a) the nature and basis of the claim or dispute; and (b) the specific relief sought ("Demand"). The Notice to Conscious Content Media should be addressed to: Dispute Resolution Agent, Conscious Content Media Inc, 121 Varick St., Floor 3, New York, NY 10013 USA ("Notice Address"). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Conscious Content Media , and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

6.2.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section __ below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services or any services provided by Conscious Content Media  shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class or representative actions. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator.  The amount of any settlement offer made by Conscious Content Media or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Conscious Content Media is entitled. Any failure or other delay by either party in enforcing this Section at any time, or in connection with any particular claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

 

6.2.4 Arbitrator's Powers. Except as explicitly set forth in this Section 6.2, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

The rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Conscious Content Media to pay the additional cost. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Conscious Content Media will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney's fees in certain cases.  If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party's identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS's Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 14 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

6.2.5    Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you, unless you and we both agree to another location or telephonic arbitration. You and Conscious Content Media agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

6.2.6  Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party's respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CONSCIOUS CONTENT MEDIA  AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

6.2.7  Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party's right to arbitration under this agreement.

6.2.8  30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [INSERT] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of (a) [Date you post these updated terms]; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Conscious Content Media also will not be bound by them.

6.2.9  Changes to This Section. Conscious Content Media will provide thirty (30) days' notice of any changes affecting the substance to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Conscious Content Media does not have actual notice are subject to the revised clause.   You may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Section.

6.2.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive (i) any termination of your use of the Services or changes in, these Terms of Use other than changes to this section and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

Any failure or other delay by either party in enforcing this Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

 

7. SEVERABILITY

You and Conscious Content Media agree that if any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.

8. GENERAL PROVISIONS

8.1 Force Majeure.

Under no circumstances shall Conscious Content Media or its subprocessors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

8.2. Assignment

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Conscious Content Media's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

8.3. Entire Agreement

These Terms of Use contain the entire understanding of you and Conscious Content Media and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

8.4. Notices

We may notify you via postings or via e-mail. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: support@learnwithhomer.com.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

You consent to receive notifications from Conscious Content Media electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to it in an unchanged form. You agree to keep your contact information current.

8.5 Statute of Limitations.

Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

8.6 No Waiver.

No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Conscious Content Media to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

8.7 iOS Terms

You acknowledge and agree that (i) these Terms are binding between you and Conscious Company Media only, and Apple is not a party hereto, and (ii) as between Conscious Content Media and Apple, it is Conscious Content Media that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party's intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Conscious Content Media, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Conscious Content Media's responsibility, but only to the extent provided by these Terms of Use. Please read the entire Terms of Use, as other sections of these Terms limit Conscious Content Media's liability in this regard.

 

9. Contact Us

If you have any questions about these Terms of Use, please contact us by email at support@homerapp.com.

Little Passports User Agreement

Welcome to the Little Passports website (the “Website”). We hope you will enjoy it!

PLEASE REVIEW THIS USER AGREEMENT CAREFULLY. The following terms govern your use of the Website.

The Website is owned and operated by Little Passports, Inc., (“Little Passports” or “us” or “we”). This User Agreement (the “User Agreement”) is a contract between you and Little Passports and applies to all users of the Website. In this User Agreement “you” or “your” means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), “you” or “your” shall also include such person’s parent or legal guardian. Unless otherwise stated, “Little Passports”, “we” or “our” refers to Little Passports, Inc. and its successors and assigns.

Users of any age may access the Website, but in compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user’s parent or guardian approving the collection of that user’s information and such user’s registration on the Website where registration is required. If you register on the Website, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Website will not violate any law or regulation.

READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS USER AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE AND MUST EXIT THE WEBSITE NOW.

ARBITRATION NOTICE

UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THIS USER AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LITTLE PASSPORTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

AMENDMENTS

We may amend or supplement this User Agreement at any time and for any reason. Please check this User Agreement each time you access and use the Website so that you will understand the terms applicable to your access and use of the Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. By continuing to use the Website after we have posted modifications or amendments to the User Agreement, you consent to such amendments and/or modifications. If you do not consent to any such modifications or amendments, you may not continue to access or use the Website.

PRIVACY POLICY

Our Privacy Policy (as currently posted on the Website and as may be amended by us) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. If you do not agree to our Privacy Policy, you may not continue to access or use the Website.

Any other posted guidelines or rules applicable to any individual use of the Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules.

FEEDBACK

We welcome feedback, comments and suggestions for improvements to our Website and services. You can submit feedback by emailing us customerservice@littlepassports.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, modify, create derivative works based upon and otherwise exploit the feedback you provide for any purpose.

PRODUCTS AND SUBSCRIPTIONS

Little Passports offers a variety of child-directed products for sale through its Website, including, but not limited to, products that include hands-on activities, collectibles, stickers, letters, activity books, experiment kits, comic books, and other materials (“Product” or “Products”). Customers may purchase Products either a la carte basis or on a subscription basis (“Subscription(s)”). Non-subscription, one-off Product purchases are one-time, non-recurring sales.

Little Passports delivers Subscriptions on a recurring basis through physical packages sent via the postal mail. Each Subscription includes a variety of Products and Product lines suitable for a range of ages and covering certain subject matters. For instance, the “Early Explorers” Subscription includes Products concerning world themes and is suitable for children from three to five years old; meanwhile, the “Science Junior” Subscription includes Products focusing on science, technology, engineering, and mathematics and is suitable for children from five to eight years old. For more information regarding billing for Subscriptions, please see the “PAYMENTS” section, below.

PAYMENTS

When you purchase a Little Passports Subscription or Product(s) through the Website, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed before the shipping date for your Subscription package or Product(s) in order for Little Passports to process the shipment.

Any Subscription that you purchase will automatically renew on a recurring basis, the cadence of which will be communicated to you when you purchase the Subscription. Subscriptions renew at the same cadence you specify when you initially purchase the Subscription, unless you request a change after such purchase. For example, a 12-month Subscription will automatically renew for an additional 12-month term, which will begin once the initial Subscription term ends. Subscriptions will renew at the Subscription rate that is applicable to the Subscription line that is being renewed on the date upon which the renewal is processed (plus any applicable sales tax and/or shipping fees). By way of illustration, if you purchase a 12-month Subscription, your Subscription will renew to an additional 12-month Subscription term at the rate for that additional Subscription at the time of the renewal is processed; this price may be different than the rate that applied during the initial Subscription term. You may elect to cancel a Subscription or not renew a Subscription at your discretion.

Payments for Subscriptions will continue until you elect to cancel the Subscription. If for any reason your Subscription has fewer packages remaining than the renewal term, you will be charged a prorated amount for the remaining packages.

You may elect to cancel your Subscription at any time by logging into My Account and cancelling the Subscription or by emailing Little Passports Customer Care Team at support@littlepassports.com. Cancellation must occur at least 2 days prior to your next billing date, which can be found in your My Account under Manage Subscriptions or by emailing Little Passports’ Customer Care Team at support@littlepassports.com. Any packages paid for prior to cancelling, be it from your initial or a renewal term, will continue to be delivered.

In order to continue your Subscription or complete a Product sale, you authorize Little Passports to charge your Payment Method for the payment due. Little Passports reserves the right to change the timing of its billing in its discretion including but not limited to, the following if your Payment Method has not successfully settled; if there are unforeseen delays that hinder Little Passport’s ability to ship to you; or if there are changes to your account or Subscriptions. Please note that you may request to switch from one Subscription line (Early Explorers, World Edition, USA Edition, Science Junior and Science Expeditions) to another if this is offered as per of the functionality associated with your Subscription. In addition, your Subscription to a particular Subscription line may automatically progress to next Subscription line as a convenience to you in the event you have received all available Products under a Subscription. If your Subscription is automatically switched from your current Subscription line (an “Updated Subscription”) to another Subscription you will be notified via email. You may decline an Updated Subscription by contacting us at support@littlepassports.com.

Little Passports reserves the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). Little Passports may update your Payment Method with information provided by the applicable payment service provider(s), and you authorize Little Passports and its payment service provider(s) to continue to charge amounts due to the updated Payment Method. Little Passports may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify Little Passports that your Payment Method is no longer valid.

RETURNS

Little Passports does not accept returns of its monthly Subscription packages or Products if you change your mind. However, if a Subscription package or Product you received was damaged or incomplete, please email Little Passports Customer Care Team at support@littlepassports.com for resolution. Resolution may include shipment of a replacement Subscription package or Product, an extension of your Subscription or similar corrective actions. To the extent permitted by law, Little Passports may, in its sole discretion, choose which resolution method to use.

LINKS TO OTHER WEBSITES

The Website may include links to other websites owned and/or operated by Little Passports. Such sites are not part of the Website, and each has its own user agreement that you must agree to in order to use that website.

The Website may also include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of Little Passports and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website may have its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites linked from our website. Little Passports takes no responsibility for your use of any such third party websites and shall not have any liability for events arising from your use of such websites. LITTLE PASSPORTS ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE LITTLE PASSPORTS WEBSITE, INCLUDING ANY MATERIAL THAT MAY BE ACCESSED THROUGH LINKS FROM THE WEBSITE.

REGISTRATION AND YOUR USERNAME AND PASSWORD

You may access the homepage and certain other portions of the Website without registering for or logging into the Website, but other portions of the Website may require registration, now or in the future. This User Agreement applies to and governs your use of all portions of the Website, regardless of whether you register. If you register on the Website, you may be asked to choose a username and password and to enter other information. Do not use personal information (for example, your first and last names) that can be used to identify who you are as your username. Please read our privacy policy for our policies governing the collection of personal information.

IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU DO NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE.

We will use your username and password to identify your account when you return to our Website. If you forget your username or password you may not be able to access your account and/or certain portions of the Website. You are responsible for maintaining the confidentiality of your username and password, and for all activities that occur on your account or using the Website when a user is logged into the Website under your username and password. You agree to: (i) immediately notify Little Passports of any unauthorized use of your account, your username and password, or any other breach of security; and (ii) ensure that you log out of the Website at the end of each session. Little Passports will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination may only be used by you and is not transferable to other users.

We reserve the right to restrict, suspend, or terminate access to the Website for any username and password combination because of inactivity under that account, fraudulent activity under that account, or any other reason we deem appropriate in our sole discretion. If you have any questions about your access to the Website, please contact us at support@littlepassports.com.

COMMUNICATIONS; NOTIFICATIONS

You acknowledge and agree that all communications and documents between you and Little Passports with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Little Passports shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to our customers or Website users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users.

OWNERSHIP OF INTELLECTUAL PROPERTY

All products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, digital images, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Little Passports Materials”) are the intellectual property of Little Passports, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this User Agreement, the use of any Little Passports Materials on any other website or networked computer environment is prohibited.

LICENSE GRANT

This User Agreement grants to you a limited license to access and use the Website and its content for your personal, non-commercial use. Any attempts to otherwise access or display the Little Passports Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Website and/or the Little Passports Materials, in whole or in part. You may not make any modifications to any Little Passports Materials other than as expressly permitted by us or the applicable Licensor.

USER CONTENT

For the purposes of this User Agreement, “User Content” means text, graphics, images, works of authorship of any kind, and information or other materials that you provide or otherwise make available through the Website. Little Passports does not claim any ownership rights in any User Content and nothing in this User Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. However, by making any User Content available through the Website, you hereby grant to Little Passports a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Website and Little Passports Materials to you and to other users and account holders.

Notwithstanding the above, you are responsible for all User Content posted by you, and Little Passports does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Website or otherwise to us. Little Passports does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. Little Passports retains the right, but has no obligation, to review, edit or delete any User Content that Little Passports deems to be illegal, offensive, or otherwise inappropriate.

CONTESTS AND PROMOTIONS

From time to time, we may run contests or promotions from the Website. We will provide the rules for any such contests and promotions when they are made available on the Website. In order to participate in the contest or promotion, you may be required to agree to the posted rules and regulations applicable to such contest or promotion.

REFER-A-FRIEND TERMS AND CONDITIONS

By participating in Little Passports’s Refer-a-Friend program (“Program”), you  ( “Referrer”)  are subject to Little Passports’s Terms of Use and Little Passports’s Privacy Policy, as well as the following additional Terms & Conditions for Little Passports’s Program. Capitalized terms not defined here will have the same meaning as in the Little Passport’s Terms of Use:

  • Qualified Referral. A “Qualified Referral” is defined as the completed purchase of a Little Passports 6- or 12-month Subscription oncom by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program linkreceived via email. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
  • Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). You cannot refer yourself to earn referral rewards and purchases made by Referred Customers who share your email address, billing address or shipping information will not qualify for a referral reward.
  • Referral Rewards. Subject to these Terms & Conditions, once a Qualified Referral occurs, you will receive via email a single-use, promotional $25 coupon code that may be used towards the purchase of Little Passports Subscriptions or Product(s) on littlepassports.com. This coupon code can be applied during the checkout process on littlepassports.com.
    Coupon Code Limitations. Promotional coupon codes cannot be combined with any other offer and may not be redeemed for cash or any cash equivalent, including but not limited to gift cards, certificates, or refunds. If the coupon code is used on an order of lesser dollar value than the coupon, you will forfeit any remaining balance.
    As a Referrer, you are responsible for any and all tax liability resulting from referral rewards received.
    The coupon code for the Referrer will expire 3 months after it is sent via email. The coupon code for the Referred Customer will expire 1 month after it is sent via email.
  • Eligibility is limited to individuals only. Little Passports’s Program cannot be used by businesses for affiliate lead generation as determined in Little Passports’s sole discretion.
  • No Spam or Posting on Coupon Sites. You may not post or promote your referral link on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes, as determined by Little Passports in its sole discretion. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Little Passports’s Refer-a-Friend program.
  • Right to Close Accounts. Little Passports reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Little Passports’s Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
  • Right to Cancel Program or Change Terms. Little Passports reserves the right to cancel the Program or to change these Terms & Conditions at any time in its sole discretion. If Little Passports cancels the Program, any unclaimed referral rewards will be forfeited at that time.

RESTRICTIONS ON USE

We provide the Website to you and intend the Website to be used in a safe and enjoyable manner. You are responsible for your User Content. Users of the Website must not: (a) use the Website in such a way as to offend or interfere with the use by anyone else of the Website; (b) sell, trade or barter any items through the Website; (c) upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds, goods, or services; or (viii) are treated as confidential under any contract or policy; (d) reveal personal information to other users online; attempt to circumvent the security systems of the Website; (e) attempt to gain access to or use the Website in a fraudulent manner; (f) attempt to gain access to any other user’s accounts; (g) attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of the Website or any other website, or by e-mail communication; (h) attempt to harvest or otherwise collect information about other users without their consent; (i) attempt to use the Website for any purposes other than the purposes intended by Little Passports; (j) or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Moreover, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or the Little Passports Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Little Passports or its licensors; (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Little Passports or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Website to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

DMCA NOTICE

Little Passports respects copyright law and expects its users to do the same. It is Little Passports’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Little Passports’ Copyright Policy for further information.

DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE LITTLE PASSPORTS MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE WEBSITE OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH LITTLE PASSPORTS’ CUSTOMER SERVICE DEPARTMENT OR A LITTLE PASSPORTS REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY THAT (I) THE WEBSITE AND/OR THE LITTLE PASSPORTS MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND THE LITTLE PASSPORTS MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, THE WEBSITE OR THE LITTLE PASSPORTS MATERIALS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SOFTWARE UNDERLYING THE WEBSITE AND THE LITTLE PASSPORTS MATERIALS OR IN THE WEBSITE OR THE LITTLE PASSPORTS MATERIALS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE LITTLE PASSPORTS MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LITTLE PASSPORTS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE LITTLE PASSPORTS MATERIALS, EVEN IF LITTLE PASSPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, LITTLE PASSPORTS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE. TO THE EXTENT NOT PROHIBITED BY LAW, LITTLE PASSPORTS’ TOTAL CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE WEBSITE WILL NOT EXCEED US $100.00.

INDEMNITY

By accepting this User Agreement and using the Website, you agree to indemnify, defend and otherwise hold harmless Little Passports and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website and/or the Little Passports Materials; ii) unauthorized access to or alteration of your communications with or through the Website and/or the Little Passports Materials, or iii) any other matter relating to the Website and/or the Little Passports Materials. Any communications or transactions which may arise between users from their use of the Website and/or the Little Passports Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such communications or transactions.

GOVERNING LAW

This User Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions.

The Website is offered by Little Passports from the United States of America. We make no representations that the Website is appropriate or available for use in other countries. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

DISPUTE RESOLUTION

You and Little Passports agree that any dispute, claim or controversy arising out of or relating to this User Agreement or the breach, termination, enforcement, interpretation or validity thereof, including disputes related to the interpretation, enforceability or formation of this “Dispute Resolution” section, or the use of the Website or Little Passports Materials, products or services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Little Passports with written notice of your desire to do so by email at customerservice@littlepassports.com or regular mail at 121 Varick St., Floor 3, New York, NY 10013 within thirty (30) days following the date you first agree to this User Agreement (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Little Passports with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Little Passports with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Little Passports with an Arbitration Opt-out Notice, you acknowledge and agree that you and Little Passports are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Little Passports otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this User Agreement.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and Little Passports otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Little Passports submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Little Passports will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules, but if you are unable to pay any of them, Little Passports will pay them for you. In addition, if your claim for damages does not exceed $75,000, Little Passports will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions of the “Amendments” section above, if Little Passports changes this “Dispute Resolution” section after the date you first accepted this User Agreement (or accepted any subsequent changes to this User Agreement), you may reject any such change by sending us written notice (including by email to www.Little Passports.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Little Passports’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Little Passports in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this User Agreement (or accepted any subsequent changes to this User Agreement).

GENERAL PROVISIONS

This User Agreement, our Privacy Policy, our FAQs and our other published policies contain the entire understanding between you and Little Passports in connection with the Website and the Little Passports Materials and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written, between you and Little Passports with respect thereto. If any provision of this User Agreement is found to be illegal, void or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of this User Agreement will remain in full force and effect. You may not assign or transfer this User Agreement, by operation of law or otherwise, without Little Passport’s prior written consent. Any attempt by you to assign or transfer this User Agreement, without such consent, will be null. Little Passport may freely assign or transfer this User Agreement without restriction. Subject to the foregoing, this User Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Little Passport’s failure to enforce any right or provision of this User Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Little Passports. Except as expressly set forth in this User Agreement, the exercise by either party of any of its remedies under this User Agreement will be without prejudice to its other remedies under this User Agreement or otherwise.

CONTACT INFORMATION

If you have any questions about this User Agreement or our services, please contact Little Passports by mail or email:

Little Passports, Inc.
121 Varick Street, Floor 3
New York, NY 10013
email: info@littlepassports.com

AUSTRALIAN CUSTOMERS

The following clauses shall apply to customers located in Australia, instead of the clauses appearing above.

CANCELLING YOUR SUBSCRIPTION

Customers located in Australia can cancel a Subscription by emailing Little Passports’ Customer Care Team at support@littlepassports.com. The cancellation of your Subscription will become effective two months from the date of your email.

DISPUTE RESOLUTION

Customers located in Australia can contact Little Passports at info@littlepassports.com if you have a query or complaint about our services and we will endeavor to resolve your complaint as soon as possible. Other than where you or we seek urgent relief, we shall first seek to resolve any Dispute by negotiation.

Any Disputes between us shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which have jurisdiction to hear appeals from any of those courts.

Effective Date: March 2, 2021

codeSpark Terms of Service

Welcome to The Foos, which is owned and operated by codeSpark, Inc. ("Company" or "We" or "Us") These terms are the binding legal agreement (the "Terms") governing all users of the websites (the "Sites"), applications ("Apps") and products and services that link to these Terms (the "Services"). In addition to these Terms, your agreement with Us includes the specific policies and additional terms that apply to any Services you use. If you do not agree to all of these terms, please do not use the Services. BY REGISTERING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR ACCESSING AND USING ANY OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.

Privacy Policy

Use of the Services is subject to the Privacy Policy, located at: https://www.beginlearning.com/privacy-policy/#codespark-section. Throughout the Site and in all of the documentation, whenever we refer to the "Agreement" we mean these terms, including the Privacy Policy and other policies posted on the Site or provided in connection with the Services.

Ability to Accept Terms

If you are under the age of 18, you must have a parent, legal guardian or authorized school official of at least 18 years of age ("Adult User") set up the account and agree to these Terms. Parents, legal guardians and authorized school officials affirm that they are fully able and competent to enter into the Terms and agree to these Terms.

Changes

We are constantly developing the Services. This means that we may change or discontinue any aspect of the Services without notice or liability to you. In addition, we may change all or part of the Agreement at any time, including these terms. We will post changes to these terms on the Site. YOUR CONTINUED USE OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE CHANGED TERMS.

Accounts

Each account must be set up by a designated Adult User. The Adult User is responsible for payments and all use on the account, including to protect the confidentiality of account information and passwords. Please notify Us if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account. Subscriptions. For certain types of accounts, We charge a fee, such as a subscription or purchase fee. For existing subscribers, as a subscriber you may receive access to certain sections, features and functions of the Services that are not available to trial members. We currently offer monthly, annual and lifetime subscription options.

"Monthly" subscriptions are paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that We are authorized to charge the same credit card as was used for the initial subscription fee or other payment method in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled.

"Yearly" subscriptions are paid for by an upfront one-time payment with automatic annual renewal. "Yearly" subscriptions are paid for by an upfront one-off payment with automatic annual renewals respectively. You acknowledge and agree that We are authorized to charge the Payment Method used for the initial annual or two year subscription fee at the rate secured at the time of purchase.

Our "Lifetime" subscription is paid for by a one-off upfront payment.

You can become a subscriber by purchasing a subscription to the Services on the Sites, and within the Apps, where allowed by the App marketplace partners. By activating a paid subscription account, except where you have purchased a lifetime membership (where there is only a one time charge) you agree that we may renew your subscription automatically and you authorize Us to charge you upon the monthly or annual renewal as the case may be for the subscription term, unless you cancel your account prior to its renewal date through the cancellation procedures described on the platform where you purchased. Your credit card (or other method of payment if originally used) will be charged each year, month or other applicable period at the then-current applicable price. We may offer promotional trial subscriptions to access the Services for free or at discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited to the terms of such trial and will terminate or renew according to those terms.

Prices

We may change the amount of such fees at any time at the end of your subscription period, provided that, we will first notify you by email or via posting on our website. Please note that we do not provide price protection or refunds for existing subscribers.

Cancellation

The cancellation procedures will be set forth on the platform where you purchase. For example, if you purchased a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchased a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. You may also cancel by providing us notice at the address below at least 30 days prior to your renewal period. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and is not subject to any refunds. Purchases made through Google Play can be refunded within 2 hours of when the purchase is made by going into your account order history and selecting the subscription you want to modify and clicking refund.

For cancellations, You must cancel your Monthly subscription before it renews each month in order to avoid billing of the next month's subscription fee. You must cancel your Yearly subscription before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period or once the next subscription period is charged.

Credit Card Charges

Subscriptions are in US dollars. Our third party payment provider can accept payments in multiple currencies and will convert and deposit funds in US dollars, subject to a conversion fee.

You agree to promptly notify Us of any changes to the credit card or other payment method you provided while subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. In the course of your use of the Services, We and our payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Us and our payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the updated service. Should you desire to do so, please contact your credit card issuer.

Gift Subscriptions

The Site offers you the option to provide a Gift Certificate to the App to your favorite teacher or nephew. A "Gift Certificate" is a gifted subscription usually provided in the form of a redemption code issued by codeSpark to enable the purchased subscription to the Apps by the gift recipient (i.e. annual or lifetime). Payment can be made by credit cards and payment vehicles we accept online. A Gift Certificate is redeemable only on the Site and can only be used to redeem a pre-purchased subscription of our App/Game. To redeem a Gift Certificate, you must enter your redemption code at www.thefoos.com/redeem. Promotional offers for Gift Certificates may have specific terms and restrictions that apply.

Gift Certificates are non-transferable and may not be re-sold or bartered. Gift Certificates are not redeemable for cash (except where required by law) and cannot be used toward the purchase of a new Gift Certificate. All Gift Certificates will be honored until redeemed. Lost or stolen Gift Certificates are replaced only if we can verify the proof of purchase. The provisions of these Terms apply to Gift Certificates purchases, except where prohibited by law.

Terms for Gift Subscriptions

6 month, 12 month and lifetime subscriptions are available. For Lifetime subscription gift purchases, we will ship to the gift recipient a free Glitch plush toy (US addresses only). 30 day money back guarantee is available for 6 months and 12 months, but there are no refunds for lifetime purchases. Gift Certificates are non-transferable and may not be re-sold or bartered or redeemed for cash (except where required by law). All Gift Certificates will be honored until redeemed. Lost or stolen Gift Certificates are replaced only if we can verify the proof of purchase. We reserve the right to modify or end this offer at any time. Void where prohibited or restricted by law.

Things Not to Do

  • Give false or misleading information to Us or anyone else in connection with your use of the Services, including giving false information in an account registration.
  • Access or scrape the Site by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute.
  • Copy, modify, create derivative works from, or distribute any content from our Services; or copy, display or use the trademarks in any way; or use the Services for any purpose not explicitly authorized in the Agreement.
  • Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use.
  • Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or redistribute content from the Site except as expressly authorized by Company.
  • Anything we ask you not to do.

User Generated Content/Take Downs

  • For all content created by users ("UGC"), We reserve the right to remove any UGC temporarily or permanently if We are notified by a player, parent or a third party, or if we otherwise become aware that any such content or any part of it breaches this terms or otherwise violates our policies including due to any of the following:
    • It breaches the intellectual property rights or any other rights of any third party;
    • It breaches any applicable law;
    • It is pornographic, inappropriate, or otherwise breaches our rules;
    • It contains any virus, malware, other harmful software or may have an adverse impact on Us;
  • While we do not accept any obligation to monitor, screen, review, flag, filter, moderate or remove any UGC, though we reserve the right to review and monitor as necessary.

If you have any concerns that UGC breaches any of these requirements, or other basis by which you want us to takedown content, then please contact us at: info@codespark.com.

Limited License to Use the Services; Company Rights;

Subject to your compliance with these Terms, We hereby grant you permission to use the Services solely for your personal, non-commercial use, and in case of schools, solely for educational use (i.e. teachers may use the Services for educating their students only without charging any fees). Company retains all right, title and interest in the Services, including all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright laws. Except for rights expressly granted in the Agreement, nothing in the Agreement grants you any right, title or license. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited.

Third Party Trademarks and Content

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in the Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

Indemnity, Disclaimers and Limits on Liability

COMPANY PROVIDES THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING ANY PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY'S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY SERVICE OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$100.00. COMPANY'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You will indemnify, defend, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Covered Entity in any way arising out of or relating to the Services and any failure to comply with this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim.

General

We do not want to receive information that is confidential or proprietary. If you send us feedback, suggestions, content or ideas of any kind, including potential improvements to the Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to you.

This Agreement will not be construed against either party as the drafter.

You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.

Your registration and use of the Services constitutes consent to receiving electronic communications from Us. You agree that any such communications from Us satisfies any legal requirements, such as that notice be provided to you in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. If you no longer want to receive non-transactional communications, you may unsubscribe at any time.

As stated above, the Agreement includes these terms and any additional terms you enter into with Company. The Agreement is the entire agreement between you and Company and it replaces any other agreement between us on this subject. Aside from the right of Company to make changes, any amendments to the Agreement must be in a writing signed by both parties.

You cannot assign the Agreement without the written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.

The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $5,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator's award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party's individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class of collective arbitrations even if the arbitration procedures or rules would. The arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.

CODESPARK, INC., 130 W. UNION STREET, PASADENA, CA 91103: INFO@CODESPARK.ORG
DATED DECEMBER 31, 2016

Learn with Sesame Terms of Use

Thank you for visiting our web sites located at sesameworkshop.org and sesamestreet.org, which we will refer to collectively below as the "Sites." Through the Sites, Sesame Workshop (also referred to as "we," "us" or "our") aims to extend our mission to use educational media to help children reach their highest potential. We offer the Sites to you (referred to as "you" or "user") and your children, as applicable, under the Terms of Use described below. By using and accessing the Sites, you, on your own behalf and on behalf of your children, are agreeing to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as "Terms of Use" or "Agreement") between you and Sesame Workshop. If you do not agree to these terms, please discontinue your access to and use of the Sites immediately.

We reserve the right, in our sole discretion, to change these terms at any time, and will publish a revised version of these Terms of Use on the Sites. You are responsible for regularly reviewing these Terms of Use. Continued access to and use of the Sites following any such change means you accept and will abide by the changes.

Ownership of Sites and Site Content
The Sites are owned and operated by Sesame Workshop, a nonprofit educational organization with charitable, tax-exempt status, and with offices at 1900 Broadway, New York, NY 10023, USA. Sesame Workshop and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively "SW Parties") own the copyright in all elements of the Sites and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of the Sites (collectively, "Site Content") include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Sites. Your use of the Sites does not give you ownership of any Site Content.

Trademarks
All trademarks, logos, service marks and trade names (collectively, "Trademarks") displayed on the Sites or on Site Content are registered or unregistered Trademarks of Sesame Workshop, the SW Parties and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Sites or on the Site Content, if any, are the property of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites.

Use of Site Content
You may access and view the Site Content only for your personal, noncommercial use on a single computer or other Internet compatible device to enable you to use the Sites, provided that you do not remove or alter any copyright or other legal notices from the Site or any Site Content. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.

Consideration
You acknowledge and agree that your access to and use of the Sites, the Site Content and the services provided through the Sites are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.

User Submissions
We do not ask for nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by email or in any other way. If you post, upload, transmit or submit any materials, content (including, for example, any photographs), information or ideas to Sesame Workshop ("Your Content"), (i) you represent and warrant that Your Content is original to you, that no other party has any rights thereto, and that any "moral rights" in Your Content have been waived, and (ii) you grant to Sesame Workshop a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, sell, and otherwise use Your Content for any purpose Sesame Workshop chooses, commercial or otherwise, in its sole discretion, without any compensation to you and in accordance with our Privacy Policy. We cannot be responsible for maintaining Your Content that you provide to us, and we may delete or destroy Your Content at any time.

User Information
During the course of your use of the Sites, you may be asked to provide certain personalized information to us (such information referred to herein as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

Prohibited User Conduct
You warrant and agree that, while accessing or using the Sites, you will not:

impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites or Sesame Workshop or the SW Parties;
insert your own or a third party's advertising, branding or other promotional content into any of the Site Content, materials or services;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided for through the Sites;
engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
use the Sites or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party's use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
use the Sites or their services in violation of the intellectual property or other proprietary or legal rights of Sesame Workshop or the SW Parties or any third party;
use the Sites or its services in violation of any applicable law; or
attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or their services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Sites.

Links From The Sites to Third Party Sites
As a convenience for users, the Sites may contain links to Internet sites maintained by third parties ("Linked Sites"). You acknowledge and agree that Sesame Workshop and the SW Parties do not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site. When you link to a Linked Site, you become subject to their terms of use and privacy policyrather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of Linked Sites, and any reliance on the contents of a Linked Site is at your own risk.

Links To The Sites From Third Party Sites
You agree that if you include a link from any other web site to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Sites. You are not permitted to link directly to any image hosted on the Sites, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is "framed," surrounded or obfuscated by any third party content, materials or branding. We may require that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time.

Right to Monitor and Editorial Control
Sesame Workshop and the SW Parties reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites or through the Sites' services or features by users, and Sesame Workshop and the SW Parties are not responsible for any such materials posted by users. However, Sesame Workshop and the SW Parties reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of Sesame Workshop and the SW Parties are objectionable or in violation of this Agreement, the policies of Sesame Workshop and the SW Parties or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

Indemnification
You agree to indemnify and hold harmless Sesame Workshop and the SW Parties, and its and their respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Sites in any way, your placement or transmission of any message, content, information, software or other materials on, to or through the Sites or your violation of law or breach of the terms of this Agreement. Sesame Workshop and the SW Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by Sesame Workshop and the SW Parties.

Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:

David K. Chan
One Lincoln Plaza
New York, NY 10023
Voice: 212-875-6299
Fax: 212-875-6117
e-mail: copyrightdmca@sesame.org

General Disclaimer and Limitation of Liability
Sesame Workshop controls and operates the Sites from offices in the United States of America. We make no representation that Site Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Sites, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.

The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. Sesame Workshop specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Sites.

The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. Sesame Workshop specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Sites.

Sesame Workshop does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Sites or any of the Site Content. Sesame Workshop is not liable for any errors, omissions, or inaccurate Site Content on the Sites.

THE SITES AND THE SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. SESAME WORKSHOP DOES NOT WARRANT THAT THE SITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. SESAME WORKSHOP ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. SESAME WORKSHOP MAKES NO WARRANTY THAT THE SITES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL SESAME WORKSHOP OR THE SW PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SESAME WORKSHOP OR THE SW PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL SESAME WORKSHOP'S OR THE SW PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES.

Termination
Sesame Workshop may terminate, change, suspend or discontinue any aspect of the Sites at any time. Sesame Workshop may restrict, suspend or terminate your access to the Sites and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on the Sites or you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. Additionally, Sesame Workshop may terminate use or access privileges to the Sites of users who are repeat infringers of intellectual property rights. You may terminate this Agreement by discontinuing your use of and access to the Sites. This Agreement is effective until terminated by you, or by Sesame Workshop for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Sites and to immediately destroy all materials obtained from it.

Miscellaneous
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Sites, including our Privacy Policy; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail.

You agree that Sesame Workshop may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you and you may not transfer or assign it to a third party.

This Agreement is governed by and is construed in accordance with the laws of the State of New York, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to your use of the Sites. Notwithstanding the foregoing, Sesame Workshop shall have the right to bring action against visitors of the Sites in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a New York court.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, 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 Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and Sesame Workshop with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sesame Workshop with respect to the Sites. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted in this Agreement are reserved to Sesame Workshop.

Effective date: August 4, 2008

KidPass Terms Of Service

Please read these Terms of Service (collectively with KidPass, Inc.'s Privacy Policy, Community Guidelines and Copyright Dispute Policy, the "Terms of Service") fully and carefully before using KidPass.com (the "Site") and the services (including the ECE Services (as defined below)), features, content or applications (together with the Site and the ECE Services, the "Services") offered by KidPass, Inc. ("KidPass", "we", "us" or "our"). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

  1. Acceptance of Terms of Service.
    1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
    2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
    3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
    4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
  2. Eligibility. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
  3. The Services.
    1. Overview. The Services allow you to reserve, schedule, purchase, access and attend a wide range of recreational activities, events, event planning services and childcare services. KidPass does not own, operate or control any of the activities or services that are offered at or through such facilities, or guarantee the availability of particular activities or services. The type, quantity and availability of activities and services offered are determined by KidPass in its sole discretion.
    2. Options. KidPass has various subscription and promotional plans, as well as non-subscription purchases and both free and paid services and products. These options (such as the ECE Services, described below) may be subject to additional terms and conditions. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. KidPass makes no representations or warranties on the quantity, availability, type or frequency at which any activities or other offerings will be available to you.
    3. Plans. You will need to register for an Account (as further described below) before you sign up for a subscription or use any of our Services. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below). Unless we otherwise communicate a different time period to you at the time of sign up or otherwise, each billing cycle is one month in length (a "Subscription Cycle"). When you sign up and purchase your KidPass subscription, your first Subscription Cycle will be billed immediately. Your KidPass subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method on the same date each month, until your subscription is cancelled or terminated. We reserve the right to change the timing of our billing (and if we do, we'll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. If you add a subscription or if you pause, hold, resume, restart, postpone, cancel, upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms of Service. Subscriptions will continue indefinitely until canceled or terminated.
    4. Credits. If you have a membership, you will be allotted credits to be used to book activities during a Subscription Cycle. If you don't use all of your credits before your Subscription Cycle ends, we will automatically rollover such unused credits for a period of 90 days. You may also happen to receive credits through purchasing credits individually, through other plans, refunds, credit-backs, or through other means and they will also expire with these same terms applied. If your subscription is canceled or terminated your unused credits will expire immediately. We will not refund your payment for any unused amount, and credits have no cash value outside of our Services. When your cycle automatically renews for the next month, you'll automatically receive your new allotment of credits.
    5. Activity Availability. The prices and number of credits needed to book a specific activity is based on a number of factors, including facilities, location, pricing, popularity, and other characteristics. KidPass does not guarantee the availability of particular activities, and availability may change at any time. KidPass determines the type, quantity, prices, discounts, credits, allocation and availability of activities in its sole discretion.
    6. Reservations and Cancellations. As a KidPass user, you must reserve and cancel your activities through the Site. It is a breach of these Terms of Service if you reserve or cancel directly with an activity provider, independent of KidPass. We reserve the right to charge you the full amount that the activity provider charges for such activity and/or any applicable cancellation fees, and/or to suspend or terminate your subscription if you reserve or cancel directly with such activity provider.
  4. ECE Services.
    1. General.
      1. The "ECE Service" is a network that connects you with early childhood education professionals and teachers ("Providers") for ECE classes. These Terms of Service place certain restrictions on your use of the ECE Services, but you understand that KidPass is not a party to the relationship formed between you and a Provider. You may use KidPass to facilitate your receipt of the ECE Services, but KidPass can't and won't be responsible for making sure the ECE Services are actually provided or are up to a certain standard of quality, or for mediating disputes between you and Providers. KidPass similarly can't and won't be responsible for ensuring that information (including credentials) a Provider provides about himself or herself is accurate or up-to-date. We don't control the actions of any Provider, and Providers aren't our employees.
      2. You and a Provider may choose to enter into a separate agreement outside of KidPass regarding the ECE Services (a "Supplemental Agreement"). We will not be a party to, and will not be responsible for enforcing, such Supplemental Agreement. We encourage you to use Supplemental Agreements, but we will not review their terms. If you choose to enter into a Supplemental Agreement, it must not, in any manner, conflict with these Terms of Service.
    2. Enrollment in an ECE Class.
      1. Providers shall routinely offer tours and open houses so that you can visit the location and premises of a Provider's ECE class. You must attend such a tour or open house before enrolling your child(ren) in an ECE class.
      2. While attending a tour or open house, you may inform the Provider that you would like to enroll your child(ren) in such Provider's ECE class, and such Provider may send you an invitation to enroll your child(ren) in the ECE class ("Enrollment Invitation") after the tour or open house. The Enrollment Invitation may include the duration of the ECE class and the specific price. When you receive an Enrollment Invitation, you must either confirm or reject the Enrollment Invitation within the time period as stated therein ("Enrollment Invitation Period"). When a Provider sends you an Enrollment Invitation, we will automatically share with you (i) the first and last name of Provider providing the Enrollment Invitation and (ii) a link to the Provider's KidPass Account profile page. If you are unable to confirm or decide to reject an enrollment request within the Enrollment Invitation Period, any amounts collected by KidPass (via the Payment Processor, as defined below) for the Enrollment Invitation as described in "Fees for the ECE Services" below will be refunded to you.
      3. If, after the tour or open house, you request to enroll your child(ren) in the ECE class via the Site, the applicable Provider will be required to either confirm or reject the enrollment request within the Enrollment Request Period specified when you send the request, or the enrollment request will automatically expire. When you submit an enrollment request via the Site, we will share with the applicable Provider (i) your first and last name, (ii) a link to your KidPass Account profile page and (iii) an indication of whether or not your have provided other information to KidPass, such as a verified email address, or a government ID. If the Provider is unable to confirm or decides to reject an enrollment request within the Enrollment Request Period, any amounts collected by KidPass (via the Payment Processor) for the requested ECE class enrollment as described in "Fees for the ECE Services" below will be refunded to you.
      4. The applicable Provider, not KidPass, is solely responsible for honoring any confirmed ECE class enrollment(s) and making available any ECE class(es) reserved through the Site. You agree to personally inspect the premises of the ECE class via a tour or open house prior to your child(ren)'s attendance at any ECE class and acknowledge that KidPass is not responsible for the nature and/or condition of such ECE class.
    3. Cancelling Enrollments.
      1. A Provider may cancel an ECE class at any time before an ECE class begins. If a Provider has confirmed enrollment for an ECE class, and the Provider subsequently cancels such ECE class, (i) KidPass will refund to you the fees and deposit for such enrollment pursuant to these Terms of Service and (ii) you will receive a message from KidPass containing alternative ECE class options and other related information. If you request an enrollment from one of the alternative ECE class and the Provider associated with such alternative ECE class confirms your requested enrollment, then you agree to pay KidPass the fees relating to the confirmed enrollment for the alternative ECE Class, in accordance with these Terms of Service. If a Provider cancelled a confirmed enrollment and you have not received a message from KidPass, please contact support@kidpass.com. KidPass will have no liability to you for any such cancellations by a Provider.
      2. If you cancel a requested ECE class enrollment before the requested enrollment is confirmed by the Provider, KidPass will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested ECE class enrollment within a reasonable period of time.
      3. If you wish to cancel a confirmed enrollment, either prior to or after your child(ren) have begun the ECE class, the cancellation policy of the Provider as described for the applicable ECE class will apply to such cancellation. The cancellation policy will specify when the deposit is forfeit due to a cancellation of a confirmed enrollment. Our ability to refund the ECE class fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. KidPass will initiate any refunds due pursuant to these Terms of Service.
    4. Fees for the ECE Services.
      1. You are responsible for paying the amounts due and payable by you in exchange sending your child(ren) to an ECE class (the "ECE Class Fees"). The ECE Class Fees shall be separate from any subscription fees you pay to KidPass. The ECE Class Fees payable will be displayed to you before you accept an Enrollment Invitation from a Provider and/or before you send an enrollment request to a Provider. KidPass will collect the ECE Class Fees from you either at the time of your acceptance of the Provider's Enrollment Invitation or at the time of your enrollment request or upon the Provider's confirmation of the enrollment request (depending upon your Payment Method).
      2. You agree that KidPass may charge your Payment Method the ECE Class Fees for any Enrollment Invitation confirmed or enrollment requested in connection with such your Account. In order to establish an enrollment pending the applicable Provider's confirmation of your requested enrollment, you understand and agree that KidPass, on behalf of the Provider, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the ECE Class Fees or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1), to verify your Payment Method. As a general rule, KidPass will collect the ECE Class Fees due once KidPass receives confirmation of your enrollment from the applicable Provider. If needed, you understand and agree that KidPass may keep attempting to continue charging or attempting to charge your account to collect the fees, which may potentially cause additional fees that you are responsible for. In instances in which KidPass is unable to collect ECE Class Fees in the ordinary course, KidPass may elect to collect ECE Class Fees at a later point in time.
  5. Kidpass
    1. Services Description
      1. KidPass is an online marketplace and platform (including content, commerce, directories, services, communication tools, news, guides, offline and online activities, business software, and other tools and services) designed for Parents to find and book Classes, Activities, Services, and Products ("Classes") for the benefit of their child or children and for businesses, class providers, and instructors ("Providers") to market, sell and conduct their Classes. These Classes include both offline and online Classes that can be delivered through the KidPass Digital Platform, other platforms, and other means.
      2. As the provider of an online marketplace, tools, and platforms, KidPass does not own, create, sell, resell, control, or manage any Classes. KidPass's responsibilities are limited to: (i) providing the Site as an online marketplace and platform (including, but not limited to the Partner Dashboard, Partner Site, and KidPass Digital Platform) to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Provider for the purpose of accepting payments from a Parent on behalf of the Provider.
      3. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While KidPass strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not KidPass. KidPass does not control the behavior of Users or the quality of the Classes. As a result, KidPass cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
    2. Class Recordings
      1. Classes that take place through KidPass's video chat platform are automatically recorded by KidPass ("Class Recordings"). We value student and Provider privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are in certain conditions, as determined by KidPass, made available to the Provider providing the Class in certain conditions, in order to allow them to review the Class Recording in order to improve their Classes or instruction, potentially provide a viewable copy to students who missed the Class or who wish to review the Class for their personal educational purposes, or who wish to use their Class Recordings for other business purposes including for business, educational, and training purposes - Provider is fully responsible in all conditions for complying with local, national, and international laws and privacy requirements including all content and obtaining consent of any parties in the Class Recordings.
      2. In addition, KidPass may use Class Recordings to provide and improve our Services, for customer support, and for compliance purposes. KidPass retains Class Recordings for up to two years after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. In certain conditions, KidPass may ask to use Class Recordings for other business purposes or marketing initiatives with Providers, however we will always only use Class Recordings with your express consent.
      3. Notwithstanding the foregoing, KidPass will also delete Class Recordings earlier than two years under the following circumstances: (a) upon the request of a Parent for the deletion of their child's personally identifiable information, or (b) upon the reasonable determination of KidPass that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for any other purposes without your express written consent.
      4. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
    3. Certain Provider Obligations
      1. As a Provider, you must provide KidPass with any information requested in order for KidPass to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes.
      2. KidPass has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, KidPass has discretion to edit Class descriptions as needed to conform them to our marketplace standards.
      3. KidPass has sole discretion as to which Providers are accepted into the marketplace and we reserve the right to reject any potential Provider and remove or suspend any Provider from the marketplace for any reason. KidPass may, but is not required to, conduct background checks on and interviews of Providers in its discretion and solely for its own benefit. As a Provider, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
      4. Each Provider is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes and KidPass assumes no responsibility for a Provider's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
      5. You understand and agree that KidPass is not an insurer, agent or employer for you as a Provider. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and KidPass is not a party thereto. Notwithstanding the foregoing, KidPass is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by KidPass to any third parties.
  6. Registration. To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
  7. Content.
    1. Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
    2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate
    3. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
    4. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
    5. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
    6. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
    7. Copyright Dispute Policy. You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like us, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content and learn more about the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
  8. Rules of Conduct.
    1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services whether or not the actions were yours.
    2. You represent, warrant and agree that you shall not (and shall not permit any third party to) either (a) take any action, (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, or (c) otherwise use or interact with the Services in a manner that:
      1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
      2. you know is false, misleading, untruthful or inaccurate;
      3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
      4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
      5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
      6. impersonates any person or entity, including any of our employees or representatives;
      7. includes anyone's identification documents or sensitive financial information;
      8. jeopardizes the security of your or anyone else's Account; or
      9. copies or stores any significant portion of the Content.
    3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
    4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
    5. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  9. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
  10. Payments and Billing.
    1. Paid Services. Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
    2. Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
    3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
    4. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOGIN TO YOUR ACCOUNT AND EDIT YOUR BILLING INFORMATION.
    5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, CHECKING ACCOUNT DETAILS, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT MANAGEMENT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
    6. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
    7. Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, which can be done through your Account Settings, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR KIDPASS ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, KIDPASS WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
    8. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
    9. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@kidpass.com.
    10. Third Party Fees. In addition to fees we charge, activities or services available through the Site may also charge equipment or other amenity fees that you will be responsible for directly. For example, some activities or services might charge extra to rent equipment at a camp. Further, KidPass only gives you access to the activity or service for which you signed up on the Site (and at the specified time and location). The company or individual providing the activity or service may have additional fees for use of additional features or amenities.
  11. Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to KidPass in future months or to restrict your access in future months. If you cancel your subscription or it is terminated for any reason, you will lose access to all activities, content, credits or features available through the subscription. Termination of the ECE Services are described in Section 5 above. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  12. Terms of Sale. By purchasing any Services, including Offers, Deals, Discounts, Promotions, Offering, Product or participating in other available programs via the Site, you agree to these Terms of Service, including, without limitation, the Terms of Sale specified below.
    1. In General. Descriptions of Services, Offers, Activities, and Products advertised on the Site are provided by the provider or other referenced third parties (each, a "Provider"). KidPass does not investigate or vet Providers. KidPass is also not responsible for any claims associated with the description of the Provider Offerings, Services, or Products. Pricing related to Provider Offerings, Products, Services, and other programs on the Site may change at any time at KidPass' sole discretion without notice.
      A Provider may advertise goods, services, or experiences on the Site, or with respect to Products, Services, or Offerings, supply items to KidPass, that require Provider to have an up-to-date regulatory authorization, license, or certification. KidPass does not verify, validate, or collect evidence of any regulatory authorization, license, or certification from any Provider. You should make whatever investigation you deem necessary and appropriate before purchase of any Service, Product, or Offerings. Providers are solely responsible for the Services, Products, or Offerings being provided or the care and quality of those items.
    2. Gifts and Promotions. From time to time, we may make available gift cards for KidPass membership, or other types of promotions or promotional plans. Promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Promotions and promotional plans are only available to new customers that have never had a KidPass account before, are not transferable, can only be used once, cannot be combined with other offers, cannot be redeemed for cash, are void where prohibited, and may be subject to additional terms, conditions, and limitations.
    3. Offers. Offers are redeemable for certain goods, services, or experiences offered by, or facilitated through, the Provider identified with the Offer. The Provider is solely responsible for redeeming the Offer and for the care and quality of all goods, services, and experiences it provides to you and for any and all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not. You waive and release KidPass and its subsidiaries, affiliates, partners, officers, directors, employees, and agents from any liabilities arising from or related to any act or omission of a Provider in connection with your use of an Offer, Activity, or the goods, services, or experiences a Provider provides.
  13. Special Programs
    1. Refer-A-Friend. KidPass' Refer-a-Friend program ("RAF program") is a promotional activity by which you may earn KidPass Credit if a non-KidPass customer you refer joins KidPass as a monthly paying subscriber and makes a qualifying purchase on the Site. You may earn up to a maximum of $100 in KidPass Credits over the lifetime of your participation across all referrals ("Lifetime Program Limit"). In order to be eligible to earn KidPass Credits through the RAF Program, you must be eligible to accumulate and redeem KidPass Credits, maintain a KidPass account in good standing and with an active paid subscription and be under the Lifetime Program Limit. To participate, refer friends who are not current KidPass subscribers and who have never purchased a subscription from the Site ("New User") by sending them your personal referral link ("Unique Link"), available on the Site or provided to you as a recipient of a special offer. For a New User who accesses your Unique Link and, within the following seventy-two (72) hours (i) registers on the Site, and (ii) makes an initial purchase of a KidPass subscription priced at fourty-nine dollars ($49) or more ("Eligible Offer"), KidPass will, within a reasonable amount of time, post to your account any KidPass Credits you are eligible to receive, up to the Lifetime Program Limit. KidPass may provide various tools to help you disseminate your Unique Link. You may also share your Unique Link via email and social media. PLEASE NOTE THAT WHENEVER YOU DECIDE TO SHARE YOUR UNIQUE LINK, YOU MUST TELL YOUR FRIENDS THAT YOU ARE ELIGIBLE TO RECEIVE KIDPASS CREDITS (CREDIT THAT GOES TOWARDS A SUBSCRIPTION PLAN) IF THEY SIGN UP AND MAKE A QUALIFYING PURCHASE. Failure to disclose this information is a violation of these Terms of Service and KidPass may terminate you immediately from the RAF Program, disqualify you from participating in the RAF Program in the future and cause the forfeiture of any KidPass Credits in your account. KidPass reserves the right at any time to modify or discontinue the RAF Program, either temporarily or permanently (or any part thereof), with or without notice. KidPass will not be liable to you in the event of any modification, suspension or discontinuance of the RAF Program.
  14. Mobile Applications
    1. General. You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply. Through our mobile applications, you may purchase ("In-App Purchase") certain goods or features designed to enhance the performance of the Services. When you make an In -App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). KidPass is not a party to any In-App Purchase.
    2. Apple App Store and Adroid App Store. These Terms of Service apply to your use of all the Services, including the iOS applications (the "Application") available via the Apple, Inc. ("Apple") App Store and the Android applications, but the following additional terms also apply to the Application:
      1. Both you and KidPass acknowledge that the Terms of Service are concluded between you and KidPass only, and not with Apple and Google, and that Apple and Google is not responsible for the Application or the Content;
      2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
      3. You will only use the Application in connection with an Apple device and Android device that you own or control;
      4. You acknowledge and agree that Apple and Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
      5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple's and Google's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
      6. You acknowledge and agree that KidPass, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
      7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, KidPass, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
      8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
      9. Both you and KidPass acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
      10. Both you and KidPass acknowledge and agree that Apple and Apple's subsidiaries and Google and Google's subsidiaries are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary hereof.
  15. Warranty Disclaimer.
    1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
      1. which users gain access to the Services;
      2. what Content you access via the Services;
      3. how you may interpret or use the Content; or
      4. your participation in any activity or the ECE Services.
    2. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
    3. THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  16. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
  17. Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.
  18. ARBITRATION CLAUSE & CLASS ACTION WAIVER - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
    Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with KidPass and limits the manner in which you can seek relief from KidPass. Both you and KidPass acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Service, KidPass's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary hereof.
    1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms of Service directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, NY. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
    2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. KidPass will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. KidPass will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
    3. Small Claims Court; Infringement. Either you or KidPass may assert claims, if they qualify, in small claims court in New York, NY or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
    4. Waiver of Jury Trial. YOU AND KIDPASS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and KidPass are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and KidPass over whether to vacate or enforce an arbitration award, YOU AND KIDPASS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
    5. Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor KidPass is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (7) below.
    6. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 335 Madison Avenue, Suite 7D, New York, NY 10017, postmarked within thirty (30) days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms of Service's arbitration agreement.
    7. Exclusive Venue. If you send the opt-out notice in (6), and/or in any circumstances where the foregoing arbitration agreement permits either you or KidPass to litigate any dispute arising out of or relating to the subject matter of these Terms of Service in court, then the foregoing arbitration agreement will not apply to either party, and both you and KidPass agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York, NY, or the federal district in which that county falls.
    8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with KidPass.
  19. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws provisions thereof, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
  20. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
  21. Miscellaneous.
    1. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Except as expressly set forth in the section above regarding the Apple Application and the arbitration agreement, you and KidPass agree there are no third-party beneficiaries intended under these Terms of Service.
    2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    3. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
    4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
    5. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to admin@kidpass.com.
    6. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
    7. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact. You may contact us at the following address: KidPass, Inc., 335 Madison Avenue, Suite 7D, New York, NY 10017.

Effective Date of Terms of Service: March 19th, 2020