Agreement between User and Early Beginnings Day School

Welcome to Early Beginnings Day School. The website (the "Site") comprises various web pages from Early Beginnings Day School. Early Beginnings Day School is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Early Beginnings Day School is a CMS Site.

Privacy

Your use of Early Beginnings Day School is subject to Early Beginnings Day School's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Early Beginnings Day School or sending emails to Early Beginnings Day School constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Early Beginnings Day School is not responsible for third-party access to your account that results from theft or misappropriation. Early Beginnings Day School and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Refunds

We do not offer refunds for any reason after work has started on a project unless specified in the proposal.

Children Under Thirteen

Early Beginnings Day School collects personally identifiable information from children under thirteen. Early Beginnings Day School collects this information for the following reason(s):

We provide information about our data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. You must ask your parent or guardian for permission to use this website if you are under thirteen. If you are a parent and have questions regarding our data collection practices, don't hesitate to contact us using the information provided at the end of this Agreement. If you are under 18, you may use Early Beginnings Day School only with the permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

Early Beginnings Day School may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Early Beginnings Day School, and Early Beginnings Day School is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. Early Beginnings Day School is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Early Beginnings Day School of the site or any association with its operators.

Certain services made available via Early Beginnings Day School are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Early Beginnings Day School domain, you at this moment acknowledge and consent that Early Beginnings Day School may share such information and data with any third party with whom Early Beginnings Day School has a contractual relationship to provide the requested product, service or functionality on behalf of Early Beginnings Day School users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Early Beginnings Day School strictly by these terms of use. As a condition of your use of the Site, you warrant to Early Beginnings Day School that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the property of Early Beginnings Day School or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Early Beginnings Day School content is for something other than resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Early Beginnings Day School and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Early Beginnings Day School or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) Unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Sen•ice specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Sen•ice; harvest or othenvise collect infonnation about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Early Beginnings Day School has no obligation to monitor the Communication Services. However, Early Beginnings Day School Communication Service and to remove any materials at its sole discretion. The Communication Services at any time without notice for any reason whatsoever. Reserves the right to review materials posted to reserves the right to terminate your access to any or all of Early Beginnings Day School reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Early Beginnings Day School's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Early Beginnings Day School does not control or endorse the content, messages, or information filled in any Communication Service; therefore, Early Beginnings Day School expressly disclaims any liability about the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized Early Beginnings Day School spokespersons, and their views do not necessarily reflect those of Early Beginnings Day School.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Early Beginnings Day School or Posted on Any Early Beginnings Day School Web Page

Early Beginnings Day School does not claim ownership of the materials you provide to Early Beginnings Day School (including feedback and suggestions) or post, upload, input, or submit to any Early Beginnings Day School Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Early Beginnings Day School, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perfom1, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid concerning the use of your Submission as provided herein. Is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 's sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control au of the rights to your Submission as described in this section, including, without limitations, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You can connect your Early Beginnings Day School account to third-party accounts. By connecting your Early Beginnings Day School account to your third-party account, you acknowledge and agree to continue releasing information about you to others (per your privacy settings on those third-party sites). If you want to avoid information about yourself being shared in this manner, use this feature.

International Users

The Service is controlled, operated, and administered by Early Beginnings Day School from our offices within the USA. You are responsible for compliance with all local laws if you access the Service from a location outside the USA. You agree that you will not use the Early Beginnings Day School Content accessed through Early Beginnings Day School in any country or manner prohibited by applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Early Beginnings Day School, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, mies or regulations. Early Beginnings Day School reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Early Beginnings Day School in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and adn1inistered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. Suppose any legal or equitable action, proceeding, or arbitration arises from or concerns these Terms and Conditions. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising from these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S Il\'DIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS l\,lEMBER IN ANY PUTATIVE CLASS, COLLECTIVE and REPRESENTATIVE PROCEEDING, SUCH AS IN Tiffi FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and Early Beginnings Day School agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Early Beginnings Day School and ITS SUPPLIERS MAY MAKE IMPROVEMENTS and CHANGES IN THE SITE AT ANY TIME.

Early Beginnings Day School and ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHlCS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY O R CONDITION OF ANY KIND. Early Beginnings Day School and ITS SUPPLIERS at this moment DISCLAIM ALL WARRANTIES AND CONDITIONS about THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL Early Beginnings Day School and ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNlTIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHlCS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Early Beginnings Day School OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Early Beginnings Day School reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you, at this moment, consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Early Beginnings Day School due to this agreement or use of the Site. Early Beginnings Day School's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Early Beginnings Day School's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Early Beginnings Day School concerning such use. Suppose any part of this agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Early Beginnings Day School concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Early Beginnings Day School concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Early Beginnings Day School reserves the right, in its sole discretion, to change the Terms under which Early Beginnings Day School is offered. The most current version of the Terms will supersede all previous versions. Early Beginnings Day School encourages you to periodically review the Terms to stay informed of our updates.