Effective February 1, 2022

Welcome to the web site of Early Learning Indiana and its affiliates (“we,” “us,” “our,” or “ELI”). Except where expressly noted, these Terms of Use apply to this web site and all related online services, mobile applications, social media forums and other digital services on which these Terms of Use are posted (collectively, the “Site” or “Services”).

PLEASE NOTE: By using the Service, you agree that you have read and agree to be bound by these Terms of Use, as amended by us from time-to-time, as well as the our Privacy Policy.  If you do not wish to agree to these Terms of Use, do not access or use any part of the Services.

We may revise and update these Terms of Use at any time without notice by posting the amended terms to the Services.  Your continued use of any of the Services means that you accept and agree to the revised Terms of Use.  If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using this Web Site.

ACCOUNTS

Some of the Services may permit, or require, you to create an account with the applicable Service. In such event, you are required to provide full and accurate information to maintain the account. It is your responsibility to maintain the confidentiality of your account information, including any password information related thereto. Should you believe your password or the security of your account has been breached in any way, please notify us immediately.

TERMINATION

You agree that we may, at our sole discretion, suspend or terminate your account or access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these Terms.  Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.  Upon suspension or termination of your account, your right to use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Services or to users.

TRANSACTIONS

The Services may facilitate the purchase of products or services, including the enrollment in and/or payment for enrichment classes, childcare or similar services. Please see the terms of the applicable offering for details. Any payments are processed by a third party payment processing service provider and the applicable terms and privacy policy for such third party will be available at check-out. ELI reserves the right, but not the obligation, to restrict access to the Services as a result of payment issues.

THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES

References or links to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service.  We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials.

If you choose to correspond, participate in a promotion or engage in transactions with any third party found on or through the Services, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such third party, including its treatment of your information and the terms and conditions applicable to any transaction between you and the third party.  The terms of your interaction with any third party are solely between you and such third party.  You agree that we will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such third parties on the Services. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.

COMMENTS AND SUBMISSIONS

One or more of the Services may enable features through which you may communicate, post user-generated content or otherwise submit comments or feedback. You understand and acknowledge that you are responsible for whatever content you submit to a Service, including its legality, reliability and appropriateness.  Only post information to Services for lawful purposes; don’t stalk, harass, bully or threaten people; don’t attempt to misrepresent yourself as someone else; don’t post anything defamatory, obscene, sexually explicit or pornographic; etc.

By uploading or otherwise transmitting material to a Service, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Service. You grant us the perpetual, non-exclusive, royalty-free, worldwide right to use all content you upload or otherwise transmit to a Service in any manner we choose, including, but not limited to, copying, displaying, performing or publishing it in any format or media whatsoever, or modifying it, incorporating it into other material or making a derivative work based on it.  We reserve the right, but not the obligation, to edit or remove any submissions to the Services.  Any content or opinions included in the Services from third parties are solely the opinions and responsibility of such third parties and we are not responsible for such content/opinions.

If you provide any comments, suggestions or feedback (“Feedback”) with respect to the features or functions of the Services, or any modifications or improvements thereto, you agree that ELI shall have the unrestricted right, but not the obligation, to use such Feedback in any manner without any restriction or obligation to you.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms.  You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To impersonate or attempt to impersonate ELI, a ELI employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm ELI or users of the Services, or expose them to liability.

You further agree not to:

  • Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Services servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line browser.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Misrepresent an affiliation with any person or organization.

OWNERSHIP OF THE SERVICES

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ELI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may only use the Services for your personal use. Except as expressly permitted in the Services, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Services.

The trademarks, logos, designs and slogans appearing on the Services are trademarks of ELI or its licensors, service providers or affiliates. You may not use such marks without the prior written permission of ELI or the applicable third party.

DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY

WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK.  WE ARE PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.  WE ARE NOT RESPONSIBLE FOR THE ACTIONS, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US TO ACCESS THE SERVICES IN THE PAST TWELVE MONTHS.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

OTHER TERM

Third-Party Sites. The Services may contain links to third-party websites that we do not control. We are not responsible for the privacy practices or the contents of any such linked sites, or for the nature, quality, or accuracy of the content or opinions expressed in such websites. We do not investigate, monitor, or check the quality, accuracy, or completeness of these third-party sites. Inclusion of any linked website in the Services does not imply or express an approval or endorsement of the linked website by ELI, or of any of the content, opinions, products, or services provided on such websites. Each of these linked sites maintains its own independent privacy policy. If you visit a website that is linked to the Services, we encourage you to familiarize yourself with the privacy policy of that website, which is not governed by this Privacy Policy.

Mobile. If you are using the Services on a mobile device, data rates may apply. Additionally, updates to your mobile device or operating system may render your version of the Service incompatible.

Changes to these Terms of Use. We reserve the right to revise and update these Terms at any time in our sole discretion by posting the amended terms to the Services.  All changes are effective immediately when we post them on the Services.  Your continued use of the Services following the posting of amended Terms means that you accept and agree to the changes.  You acknowledge and agree that it is your responsibility to review the most current version of the Terms when accessing the Services.  If you disagree with these Terms (as amended from time to time) or are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using the Services.

Governing Law and Jurisdiction. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in the City of Indianapolis.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability. If any of the provisions of these Terms are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Contacting Us. If you have any questions, comments, requests, or concerns related to these Terms, please contact us at contact us at Early Learning Indiana, 1776 N. Meridian Street, Suite A, Indianapolis, Indiana 46202, or at info@earlylearningindiana.org for assistance.

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