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TERMS OF SERVICE

Terms of Service

Kind Learning Programs, LLC.

Last Updated: 5/31/2019

Welcome to Kind Learning Programs! Kind Learning Programs, LLC. (and its affiliates and agents) (“Kind Learning Programs”) provides an online platform to (1) make online materials available about activities that parents or guardians (“Parents”) can engage in with their children (“Activities”), and (2) enable people (“Guides”) to hold classes (“Classes”), and/or host events (“Events”) in their local communities for the purpose of helping children socialize, enjoy the outdoors, learn, and develop new skills, using curriculum and materials provided by Kind Learning Programs (collectively, “Services”). Information, resources and registration regarding the Services are available through the website at www.kindacademy.org (or any affiliate or successor website, the “Website”). “Users” and “you” (and its derivatives) as used in this Terms of Service apply to Parents, Guides and any other users of the Website, as the context requires.

Kind Learning Programs has separate programs for schools that are also covered under this Terms of Service agreement (“Schools”).The school programs are considered to be “Services,” and users of the Kind Learning Programs school programs are the Schools (also referred to as “Users” and “you” (and its derivatives)) in this Terms of Service agreement.Without limitation of the next paragraph, all Users of school programs will be deemed to be acting on behalf of the School.For more details, see “School Programs” below.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY. BY (1) ACCESSING OR USING THIS WEBSITE AND ANY OTHER WEBSITES THROUGH WHICH KIND LEARNING PROGRAMS MAKES ITS SERVICES AVAILABLE (COLLECTIVELY, THE “WEBSITE”), INCLUDING USING THE SERVICES(2) CLICKING ON THE “I ACCEPT” BUTTON, (3) COMPLETING THE REGISTRATION PROCESS, AND/OR (4) MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH KIND LEARNING PROGRAMS, AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE PERSON OR ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT PERSON OR ENTITY TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. THE WEBSITE AND THE SERVICES TOGETHER ARE REFERRED TO IN THESE TERMS AS THE “KIND LEARNING PROGRAMS PLATFORM.”

THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY KIND LEARNING PROGRAMS IN ITS SOLE DISCRETION AT ANY TIME AS PROVIDED IN SECTION 21.

1. Kind Learning Programs Materials Registration.

(1) Registering Your Account. In order to access certain features of the Kind Learning Programs Materials and the Kind Learning Programs Platform, to become a Guide, or as a Parent to register for a Class or Event, you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered a Kind Learning Programs account on the Website (“Account”).

(2) Registration Data. In registering for an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Kind Learning Programs Materials or the Kind Learning Programs Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Kind Learning Programs Materials or the Kind Learning Programs Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify Kind Learning Programs immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kind Learning Programs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kind Learning Programs has the right to suspend or terminate your Account and refuse any and all current or future use of Kind Learning Programs Materials, the Kind Learning Programs Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account per platform at any given time. Kind Learning Programs 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 the third-party’s rights. You agree not to create an Account or use Kind Learning Programs Materials or the Kind Learning Programs Platform if you have been previously removed by Kind Learning Programs, or if you have been previously banned from any of Kind Learning Programs Materials or the Kind Learning Programs Platform (or any portion thereof).

(3) Guide Applications. If you apply to be a Guide, including by submitting the appropriate application available at www.kindacademy.org/leader, you acknowledge and agree that Kind Learning Programs may reject your application for any reason at Kind Learning Programs’s sole discretion, subject to applicable law.

(4) Guide Background Checks. By submitting a Guide application, you agree that Kind Learning Programs may conduct criminal background checks or other screenings (such as sex offender register searches) at any time, using all available records.

2. Parent Terms. The following terms apply to Parents who want to register their children in Classes or for Events:

(1) Terms Binding Upon Minors. As a Parent, when you enroll one or more of your children in a Class or Event, you represent that you are the parent or legal guardian of all such individuals under the age of 18 who are participating in the Class or Event, or accompanying you to such Class or Event (“Children”) and you agree that these Terms are also binding upon your Children.

(2) Birthday Parties. If you have enrolled any of your Children in one of our birthday party Events (each, a “Birthday Party”), you will be responsible for the acts and omissions of all of the guests attending the Birthday Party (“Birthday Party Guests”) as if they were your own, including in connection with any property damage or bodily harm. You agree to indemnify Kind Learning Programs for any claims arising out of or related to Birthday Party Guests (“Claims”). You represent and warrant that you will hold and keep in effect a homeowner’s or apartment insurance policy sufficient to cover any and all Claims.

(3) No Class or Event Guarantee. You acknowledge and agree that Kind Learning Programs does not and cannot guarantee that any particular Classes, Events, Activities, Course Materials, or Guides will be available. In some cases, Classes and Events displayed as available on the Website may not be available at some locations. Kind Learning Programs reserves the right to reschedule or cancel any Class or Event for any reason without notice. Kind Learning Programs and any Guides may disqualify anyone at any time during a Class or Event from participating in any and all activities, including if Kind Learning Programs or a Guide feels your or your Children’s continued participation will jeopardize any individuals involved or others. In the event a Class or Event is listed at an incorrect location, or a class is listed at an incorrect price, due to typographical error or other error, Kind Learning Programs will have the right to refuse or cancel any registrations for enrollment placed for such Class or Event. Kind Learning Programs will have the right to refuse or cancel any such registrations for enrollment whether or not the registration has been confirmed or your credit card charged. If your credit card has already been charged for the registration and your registration is cancelled, Kind Learning Programs will issue a credit to your credit card account in the amount charged to you for such Event or Class.

(4) Event Participation. Events are hosted by Guides for you and your Children to participate. Event descriptions, terms and conditions, and any fees that may be applicable for an Event are set forth on the page for that Event.

(5) Class Participation. Class descriptions, terms and conditions, and any fees that may be applicable for a Class are set forth on the page for that Class. Kind Learning Programs, at its sole discretion, may make promotional offers with different features and different rates to any Enrollee. These promotional offers, unless made to you, will have no bearing whatsoever on the amount you owe to Kind Learning Programs.

(6) Class Enrollment Plans. If you register your Children for one or more Classes, Kind Learning Programs will charge you upon registration for the Class. If you decide not to attend any prepaid Classes, you will not be eligible for a prorated refund of any portion of the prepaid fees.

(7) Food and Drinks. Kind Learning Programs does not monitor the serving of any foods or beverages at any Classes or Events. You understand that if food and beverages are provided at a Class or Event for you and your Children to consume, you are free to choose which foods and beverages, if any, you and your Children consume, and you accept sole responsibility for all risks associated with such consumption by you and your Children, including food sickness, allergic reaction, and death. You are solely responsible for any food or beverages that you bring to any Classes or Events.

(8) Medical Emergency. In case of medical emergency, you authorize the Guide and Kind Learning Programs to secure emergency medical treatment for your Children. You hereby agree to pay for any charges for emergency medical treatment that are not covered by your or your Children’ personal health insurance.

3. Guide Terms. The following terms apply to Users who are Guides:

(1) Profile. Any content that you upload, post, e-mail, transmit or otherwise make available through Kind Learning Programs Materials (including your profile on the Website) may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

(2) Leading Classes and Hosting Events. You represent that any Classes you lead and Events you host will be age appropriate for the participating children and compliant with all applicable laws. When leading a Class or hosting an Event, you agree to post on the Kind Learning Programs Platform, an accurate, detailed description of the Class or Event that you intend on leading or hosting, including a description of the activities to be held, the targeted age range for participating children, date and time of the Class or Event, location of the Class or Event, and any participation restrictions. You agree that you will notify Kind Learning Programs within twenty-four (24) hours before the start of a Class or Event if you are unable to host such Class or Event for any reason. You acknowledge and agree that Kind Learning Programs does not and cannot guarantee that any Enrollees will register their Children for any of your Classes or Events.

(3) Competence. You represent that you have the experience, qualifications, and ability to lead Classes and host Events. You acknowledge and agree that you must participate in Kind Learning Programs’s training program and be certified as a Guide before leading Classes or hosting Events. You further represent that you will use your best efforts to lead your Classes and host Events, such that the results are satisfactory to the Enrollees and their Children. You agree to indemnify Kind Learning Programs for any claims arising out of or related to Events or Classes.

(4) Fees. There is no upfront fee required to become fully certified as a Guide, however, to help us defray the cost of support to our leaders and remain sustainable, we deduct $100 from a leader’s earned compensation in each of their first two successful seasons for a total leader certification fee of $200. For more information on becoming a Kind Learning Programs Guide, click here.

(5) No Convictions. By agreeing to the Terms, you hereby represent and affirm that you have not been convicted of a crime, which does not include the following: (i) minor traffic infractions or (ii) convictions which have been expunged or sealed by the court.

(6) Payment to Guide. For each Class you lead, Kind Learning Programs will provide payment services as part of the Kind Learning Programs Platform for each Class and Event and will pay you the fees specified on the Class detail page when you are logged into your account as a leader. All payments will be made by check within thirty (30) days after the later of the end of the month (i) in which you led the Class or (ii) Kind Learning Programs received Enrollee’s payment for your Class. Kind Learning Programs has no obligation to pay you any portion of the fees for which Kind Learning Programs does not receive payment from an Enrollee.

(7) Support. Kind Learning Programs will provide strategic business support at no cost to Guide in accordance with its standard support policies. Any additional support to be provided by Kind Learning Programs may be subject to additional fees, at the sole discretion of Kind Learning Programs.

(8) Driving. If you drive any Enrollees or their Children or any other persons or property in connection with any Classes or Events, you hereby represent, warrant, and agree that: (i) you are at least 21 years of age; (ii) you possess a valid driver's license and are authorized to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to third parties; (iii) you own, or have the legal right to operate, the vehicle you are using when transporting Enrollees and their Children, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; (iv) you are named or scheduled on the insurance policy covering the vehicle you are using when transporting Enrollees and their Children; (v) you have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your provision of rides to Enrollees and their Children; (vi) you will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle you use to transport Enrollees and their Children, including, but not limited to personal injuries, death and property damages; (vii) in the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with your insurance carrier; (viii) you will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws; (ix) you will not make any misrepresentation regarding Kind Learning Programs, the Kind Learning Programs Materials, the Kind Learning Programs Platform, or your status as a driver, offer or provide transportation service for profit, charge for rides or otherwise seek non-voluntary compensation from Enrollees or their Children, or engage in any other activity in a manner that is inconsistent with your obligations under the Terms; (x) you will not transport Enrollees or their Children on any trip in excess of one hundred (100) miles; (xi) you will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; and (xii) you are medically fit to drive in accordance with applicable law.

(9) Independent Contractor. You acknowledge and agree that Kind Learning Programs is not your employer. Your relationship with Kind Learning Programs will be that of an independent contractor, and nothing in the Terms should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor. You understand you will not be entitled to any of the benefits that Kind Learning Programs makes available to its employees, such as group insurance, and that you will be solely responsible for all tax returns and payments required with respect to your performance of services and receipt of fees under the Terms. If applicable, Kind Learning Programs will report amounts paid to you for leading Classes by filing Form 1099-MISC with the Internal Revenue Service, as required by law. You understand Kind Learning Programs will not withhold or make payments for social security, unemployment insurance or disability insurance contributions on your behalf. You hereby agree to indemnify and defend Kind Learning Programs against any and all such taxes or contributions, including penalties and interest. You agree to accept exclusive liability for complying with all applicable state and federal laws, including laws governing self-employed individuals, if applicable, such as laws relate to payment of taxes, social security, disability, and other contributions based on fees paid to you under the Terms.

(10) Engagement of Services. You acknowledge and agree that your services are non-exclusive, and Kind Learning Programs reserves the right, in its sole discretion, to engage with other contractors or other third parties regarding services that may be the same or similar to the services you provide. You understand that you have the right to provide services of any kind, to engage in any other outside professional activities, take on employment or engagements with whomever you so choose including the right to sell and/or represent other company’s products or services, provided, however, that any such activity will not be in direct or indirect competition with Kind Learning Programs’s business. You understand that the fact that you have entered into the Terms does not obligate you to make yourself available to lead Classes or host Events for any specific days or times and that you are free to choose the days and times you will be available to lead Classes or host Events. You also understand that the Terms do not require Kind Learning Programs to provide any specific opportunities to you.

(11) Confidential Information. To the extent that you are provided access to confidential information of Kind Learning Programs, including the personally identifiable information of the Enrollees and their Children, you agree that you will not use or disclose it in any manner other than as necessary to lead Classes or host Events under the Terms, which includes, but is not limited to, your agreement that you will not share such information with competitors of Kind Learning Programs. You understand that any information provided to you by Kind Learning Programs will be considered to be confidential information for purposes of the Terms, unless Kind Learning Programs states otherwise in writing, or you otherwise know such information to be publicly available. You also understand that, upon Kind Learning Programs’s request, you will return to Kind Learning Programs all information provided to you by Kind Learning Programs, including all copies thereof. You understand that information includes tangible materials, as well as electronically stored information and all copies thereof.

4. School Programs.The Kind Learning Programs programs provided to schools (“School Programs”) may include: (a) Training for teachers and school administrators (collectively, “Teachers”) to run Classes for their students, including the use of Kind Learning Programs Materials; (b) Curriculum & parent support, including curriculum materials with teacher lesson plans, and corresponding digital materials to share with parents to engage families in play outside the school day; (c) Teacher support in the form of e-mail-based coaching for individual needs, and a searchable knowledge database with written and video instruction for teachers and school administrators demonstrating how to implement the School Program; and (4) Program materials to help you implement the School Program. School Program options and total costs and fees can be found here on the School Program webpage at https://Kind Learning Programs.com/pages/schools-faq.

(1) Registering Your Account. In order to access certain features of the Kind Learning Programs Materials and the Kind Learning Programs Platform for School Programs, you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered a Kind Learning Programs account on the Website (“Account”). If you register for a School Program, including by submitting information about your School and any payment at www.kindacademy.org/schools/, you acknowledge and agree that Kind Learning Programs may reject your registration forms for any reason at Kind Learning Programs’s sole discretion, subject to applicable law.

(2) No Class or Event Guarantee. You acknowledge and agree that Kind Learning Programs does not and cannot guarantee that any particular portion of the School Programs will be made available, and Kind Learning Programs reserves the right to change the selection and fees of School Programs at any time.

(3) Profile. Any content that you upload, post, e-mail, transmit or otherwise make available through Kind Learning Programs Materials (including your profile on the Website) may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

(4) Age-Appropriate. You represent that any Classes or other Kind Learning Programs-related events or materials you provide to students will be age appropriate for the participating students and compliant with all applicable laws.

(5) Independent Contractors. The relationship between Kind Learning Programs and each School is that of independent contractors.Nothing in these Terms is intended to create or will be deemed to create or constitute a joint venture or partnership between Kind Learning Programs and any School.

(6) Confidential Information. To the extent that you are provided access to confidential information of Kind Learning Programs, including the personally identifiable information of the Enrollees and their Children, you agree that you will not use or disclose it in any manner other than as necessary to provide School Programs, which includes, but is not limited to, your agreement that you will not share such information with competitors of Kind Learning Programs. You understand that any information provided to you by Kind Learning Programs will be confidential information for purposes of the Terms, unless Kind Learning Programs states otherwise in writing, or you otherwise know such information to be publicly available. You also understand that, upon Kind Learning Programs’s request, you will return to Kind Learning Programs all information provided to you by Kind Learning Programs, including all copies thereof. You understand that information includes tangible materials, as well as electronically stored information and all copies thereof.

  1. User Interactions with Other Users.

(1) Classes and Events; School Programs. The Kind Learning Programs Platform enables Guides to organize, provide and manage Events and Classes for Parents and Children, and for Schools to do the same for students and School Programs. Kind Learning Programs does not supervise, organize, or orchestrate Classes or Events, or School Programs. Guides are solely responsible for the Classes and Events, and Schools and Teachers are solely responsible for the School Programs. As a result, we have no control over the identity of the individuals who are present r at these Classes or Events, or as part of these School Programs, and we request that our Users exercise caution and good judgment when attending and overseeing them. Kind Learning Programs is not liable for any problems or issues that resulting from or otherwise arising out of any of these Classes or Events, or School Programs.

(2) User Responsibility. As a User, you are solely responsible for your interactions with other Users of the Kind Learning Programs Platform and any other parties with whom you interact through the Services; provided, however, that Kind Learning Programs reserves the right, but has no obligation, to intercede in disputes. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. KIND LEARNING PROGRAMS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM. KIND LEARNING PROGRAMS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS. KIND LEARNING PROGRAMS MAKES NO REPRESENTATIONS IN CONNECTION WITH PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. NEITHER KIND LEARNING PROGRAMS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. We encourage you to exercise caution and to only meet with Users that you know and trust.

(3) Content Provided by Other Users. The Kind Learning Programs Materials and the Kind Learning Programs Platform may contain User Content provided by other Users. Kind Learning Programs is not responsible for and does not control User Content. Kind Learning Programs has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

6. Payment Terms.

(1) Payment for Classes or Events, and School Programs. All prices are quoted in U.S. dollars and are valid and effective only in the United States. Schools and other Enrollees must provide Kind Learning Programs with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) when registering for a School Program or registering Children for a Class or Event. If you are an Enrollee and Kind Learning Programs does not receive payment from you or your Payment Provider for any Classes or Events, (i) you agree to pay all amounts owed by you upon demand, and (ii) you agree that Kind Learning Programs may either terminate or suspend your participation in any School Program, Classes or Events. Guides must provide Kind Learning Programs with a valid Payment Provider when purchasing Course Materials and Marketing Materials from Kind Learning Programs. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Kind Learning Programs with your credit card number and associated payment information, you hereby authorize Kind Learning Programs to immediately charge your credit card for all fees and charges due and payable to Kind Learning Programs hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Kind Learning Programs of any change in your billing address or the credit card used for payment hereunder. Kind Learning Programs reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Kind Learning Programs Materials or by e-mail delivery to you.For School Programs only, upon request Kind Learning Programs can invoice the School and receive payment by check.

(2) Refunds. Payments made to Kind Learning Programs are subject to refund in accordance with Section 3.2 and Kind Learning Programs’s refund policy available at www.kindacademy.org/refunds.

(3) Taxes. Kind Learning Programs’s fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Kind Learning Programs, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Kind Learning Programs for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that Kind Learning Programs is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

(4) Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Kind Learning Programs, LLC., Attn: Iman Alleyne, 20 Hampton Ave., Suite 150, Northampton, MA, 01060.

6. Third Party Payment Services Provider. Kind Learning Programs uses Stripe LLC. (“Stripe”) and PayPal, LLC. (“PayPal”) as third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Kind Learning Programs Materials, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/us/privacy and PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragree, and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-f, as applicable. You hereby consent to provide and authorize Kind Learning Programs, Stripe, and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

7. No Circumvention. It is a violation of the Terms to (a) intentionally avoid the payment of fees by arranging School Programs, Classes with Guides outside of the context of the Kind Learning Programs Materials or (b) for a Guide to knowingly delegate the performance of leading the School Program, Class or hosting of an Event to another school, organization or Guide without prior written consent of Kind Learning Programs.

8. Payment Accounts. Each Enrollee, Guide, School and Teacher understands and agrees that:

(1) The transmission of funds in the manner described herein is not a separate and discrete service that Kind Learning Programs provides in addition to the Services. Rather, the transmission of funds in an auditable manner is an integral part of the Services that Kind Learning Programs provides.

(2) For Guides, each Enrollee's payment account is a custodial account administered by Kind Learning Programs to facilitate disbursement of each Enrollee’s payment to each Guide.

(3) Kind Learning Programs acts as agent of each Enrollee and Guide and not as a trustee or fiduciary with respect to payments received through Kind Learning Programs.

(4) Kind Learning Programs holds funds delivered to it in a commingled account at a bank (each, a "Pooled Account"), and may include in the titling of a Pooled Account "Kind Learning Programs, for the benefit of others" or similar words. Kind Learning Programs maintains records at Kind Learning Programs that should, in the event of a bank failure, allow the FDIC to determine which funds are payable to which Guide.

(5) Kind Learning Programs will not voluntarily make your funds available to its creditors in the event of bankruptcy.

(6) You agree that Kind Learning Programs has sole discretion over the establishment and maintenance of any Pooled Account. You agree that you will not receive interest or other earnings on the funds that Kind Learning Programs handles as your agent and places in a Pooled Account. In consideration for your use of Kind Learning Programs Materials, you irrevocably transfer and assign to Kind Learning Programs any ownership right that you may have in any interest that may accrue on funds held in a Pooled Account. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Kind Learning Programs any ownership right to the principal of the funds you maintain with Kind Learning Programs. In addition to or instead of earning interest on Pooled Accounts, Kind Learning Programs may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.

9. Responsibility for Content.

(1) Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, and/or other materials accessible through the Kind Learning Programs Platform (“Content”), including the Kind Learning Programs Materials, is the sole responsibility of the party from whom such Content originated. This means that you, and not Kind Learning Programs, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Kind Learning Programs Platform and the Kind Learning Programs Materials (“Your Content”), and that you and any other Users of Kind Learning Programs Platform and the Kind Learning Programs Materials, and not Kind Learning Programs, are similarly responsible for all Content Users make available through the Kind Learning Programs Platform or the Kind Learning Programs Materials (“User Content”). “Content” includes Your Content and User Content.

(2) No Obligation to Pre-Screen Content. You acknowledge that Kind Learning Programs has no obligation to pre-screen Content (including, but not limited to, User Content), although Kind Learning Programs reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that Kind Learning Programs pre-screens, refuses or removes any Content, you acknowledge that Kind Learning Programs will do so for Kind Learning Programs’s benefit, not yours. Without limiting the foregoing, Kind Learning Programs will have the right to remove any Content that violates the Terms or is otherwise objectionable.

10. Ownership.

(1) Kind Learning Programs Materials. Except with respect to Your Content and User Content, you agree that Kind Learning Programs and its suppliers own all rights, title and interest in Kind Learning Programs Materials. You hereby agree and acknowledge that any modifications or updates to the Kind Learning Programs Materials shall be the sole and exclusive property of Kind Learning Programs. You hereby assign to Kind Learning Programs all rights, title, and interest to any modification or updates to the Kind Learning Programs Materials.

(2) Trademarks. Kind Learning Programs’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Kind Learning Programs Materials are the trademarks of Kind Learning Programs and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Kind Learning Programs Materials are the property of their respective owners.

(3) Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Kind Learning Programs Materials, except as otherwise provided in these Terms.

(4) Your Content. Kind Learning Programs does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Kind Learning Programs Platform or as part of the Kind Learning Programs Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

(5) License to Your Content. Subject to any applicable account settings that you select, you grant Kind Learning Programs a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Kind Learning Programs Platform or as part of the Kind Learning Programs Materials. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Kind Learning Programs Platform or as part of the Kind Learning Programs Materials. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Kind Learning Programs, are responsible for all of Your Content that you make available on or in the Kind Learning Programs Platform or as part of the Kind Learning Programs Materials.

(6) Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any comments or any other area on or in the Kind Learning Programs Platform or as part of the Kind Learning Programs Materials, you hereby expressly permit Kind Learning Programs to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

(7) Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Kind Learning Programs.

(8) Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Kind Learning Programs (“Feedback”) is at your own risk and that Kind Learning Programs has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Kind Learning Programs a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Kind Learning Programs Materials or the Kind Learning Programs Platform.

11. Use of the Kind Learning Programs Platform and Kind Learning Programs Materials. The Kind Learning Programs Platform, all Kind Learning Programs marketing materials (“Marketing Materials”), and all learning materials, gear, kits, and other products which may be provided by or purchased from Kind Learning Programs relating to class structures, curriculum offerings, and including as provided in connection with Activities, Events and Classes (“Course Materials”), and the information and content available on the Website and used in connection with the Services, (collectively, with the Marketing Materials and the Course Materials, the “Kind Learning Programs Materials”) are protected by copyright laws throughout the world. Subject to the Terms, (i) as a User, Kind Learning Programs grants you a limited license to reproduce portions of Kind Learning Programs Materials for the sole purpose of using the Kind Learning Programs Platform for your personal, non-commercial, purposes, and (ii) if you are a Guide, Kind Learning Programs also grants you a further limited license to (i) use the leader tools available through the Website and (ii) use, reproduce, and distribute the Marketing Materials and Course Materials, for the purposes of marketing and leading Classes and hosting Events. Unless otherwise specified by Kind Learning Programs in a separate license, your right to use any Kind Learning Programs Materials is subject to the Terms.

12. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) except as expressly stated herein, you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Kind Learning Programs Materials or any portion of Kind Learning Programs Materials; (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other Kind Learning Programs Materials (including images, text, page layout or form) of Kind Learning Programs; (c) you will not use any metatags or other “hidden text” using Kind Learning Programs’s name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Kind Learning Programs Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access Kind Learning Programs Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of Kind Learning Programs Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you will not remove, alter, obscure, or destroy any copyright notices or other proprietary markings contained on or in Kind Learning Programs Materials. Any future release, update or other addition to Kind Learning Programs Materials will be subject to the Terms. Kind Learning Programs, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Kind Learning Programs Materials terminates the licenses granted by Kind Learning Programs pursuant to the Terms.

13. Publicity. You hereby grant to Kind Learning Programs and its licensees, designees and assignees the absolute and irrevocable right and permission, without any requirement to obtain further consent from you and/or your Children, to audio tape, film, videotape, photograph or otherwise record the name, likeness and voice of you and your Children in connection with your and your Children’s participation in any Classes or Events, and to edit, use, broadcast, telecast, stream, download, display, distribute, post, and/or publish any of the results and proceeds thereof (the “Publicity Materials”) for any purpose and in any manner whatsoever in any and all media or technology, whether now known or hereafter devised (including, without limitation, on the internet, via social media, and via any other digital, analog or other distribution media or mechanism), worldwide in perpetuity. You hereby irrevocably authorize Kind Learning Programs to use and license others to use the Publicity Materials for any promotion, merchandising, publicity, advertising or any other lawful purpose without limitation and without any compensation to you or your Children. You and your Children hereby release, hold harmless, and forever discharge the Kind Learning Programs Parties from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses arising out of, related to, or in any way connected with the exercise by Kind Learning Programs of the rights granted herein, including any and all claims for invasion of privacy, infringement of your rights of privacy and/or publicity, infringement of you and/or your Children’s intellectual property rights, defamation, or portrayal in a false light.

14. User Conduct. As a condition of use, you agree not to use Kind Learning Programs Materials for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through Kind Learning Programs Materials that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Kind Learning Programs’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Kind Learning Programs; (vi) interferes with or attempts to interfere with the proper functioning of Kind Learning Programs Materials or uses Kind Learning Programs Materials in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against Kind Learning Programs Materials, including but not limited to violating or attempting to violate any security features of Kind Learning Programs Materials, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Kind Learning Programs Materials, introducing viruses, worms, or similar harmful code into Kind Learning Programs Materials, or interfering or attempting to interfere with use of Kind Learning Programs Materials by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” Kind Learning Programs Materials.

15 Investigations. Kind Learning Programs may, but is not obligated to, monitor or review the Kind Learning Programs Materials, Content, the Kind Learning Programs Platform, at any time, including with regard to any Classes or Events. Without limiting the foregoing, Kind Learning Programs will have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Kind Learning Programs does not generally monitor user activity occurring in connection with the Kind Learning Programs Materials and the Kind Learning Programs Platform, if Kind Learning Programs becomes aware of any possible violations by you of any provision of the Terms, Kind Learning Programs reserves the right to investigate such violations, and Kind Learning Programs may, at its sole discretion, immediately terminate your license to use the Kind Learning Programs Materials and the Kind Learning Programs Platform, lead Classes, host Events, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

16. Third-Party Services. Kind Learning Programs Materials may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a third-party website, we will not warn you that you have left Kind Learning Programs Materials and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Kind Learning Programs. Kind Learning Programs is not responsible for any Third-Party Websites. Kind Learning Programs provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

17. Indemnification. You agree to indemnify and hold Kind Learning Programs, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Kind Learning Programs Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Kind Learning Programs Materials or the Kind Learning Programs Platform; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; (e) any act or failure to act by you and/or for Parents, your Children, as applicable, (e) any matter arising out of or related to your or for Parents, your Children’s attendance or participation at a Class, Event, or Activity, including any claims by any venues against Kind Learning Programs Parties, or (f) your or for Parents, your Children’s violation of any applicable laws, rules or regulations, as applicable. Kind Learning Programs 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 Kind Learning Programs in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Kind Learning Programs Materials.

18. Disclaimer of Warranties.

(1) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW (I) YOUR USE OF KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM, (II) FOR SCHOOLS, TEACHERS, PARENTS AND LEADERS, THE MATERIALS USED IN CONNECTION WITH SCHOOL PROGRAMS, CLASSES OR EVENTS, AND (III) FOR PARENTS, YOUR AND YOUR CHILDREN’S (AND IF APPLICABLE, YOUR BIRTHDAY PARTY GUESTS') ATTENDANCE OR PARTICIPATION IN ANY CLASSES, EVENTS, OR ACTIVITIES, ARE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE KIND LEARNING PROGRAMS MATERIALS, KIND LEARNING PROGRAMS PLATFORM AND ALL KIND LEARNING PROGRAMS MATERIALS, FOOD, AND BEVERAGES PROVIDED, IF ANY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE KIND LEARNING PROGRAMS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(2) YOU ACKNOWLEDGE AND AGREE THAT THE KIND LEARNING PROGRAMS PARTIES ARE NOT RESPONSIBLE FOR AND WILL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE KIND LEARNING PROGRAMS PLATFORM OR KIND LEARNING PROGRAMS MATERIALS; (II) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM; (III) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS; (IV) THE CONDUCT OF ANY ENROLEE OR BIRTHDAY PARTY GUEST; OR (V) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. KIND LEARNING PROGRAMS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY USER OR THEIR CHILDREN BY ANY LEADER OR OTHER USER ARISING OUT OF THE KIND LEARNING PROGRAMS PLATFORM.

(3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KIND LEARNING PROGRAMS OR THROUGH THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(4) No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT KIND LEARNING PROGRAMS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KIND LEARNING PROGRAMS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES (INCLUDING ENROLEES AND BIRTHDAY PARTY GUESTS), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

(5) No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMPANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES.

19. Limitation of Liability.

(1) Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL KIND LEARNING PROGRAMS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT KIND LEARNING PROGRAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM OR ANY CONTENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM OR ANY CONTENT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM OR ANY CONTENT; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY; OR (5) ANY OTHER MATTER RELATED TO THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM OR ANY CONTENT, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

(2) Cap on Liability. UNDER NO CIRCUMSTANCES WILL KIND LEARNING PROGRAMS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY KIND LEARNING PROGRAMS AS A RESULT OF YOUR USE OF THE KIND LEARNING PROGRAMS MATERIALS OR THE KIND LEARNING PROGRAMS PLATFORM OR ANY CONTENT. IF YOU HAVE NOT PAID KIND LEARNING PROGRAMS ANY AMOUNTS, KIND LEARNING PROGRAMS’S SOLE AND EXCLUSIVE LIABILITY WILL BE LIMITED FIFTY DOLLARS ($50).

(3) Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KIND LEARNING PROGRAMS AND YOU.

20. Procedure for Making Claims of Copyright Infringement. It is Kind Learning Programs’s policy to terminate the Account and associated privileges of any User who repeatedly infringes copyright upon prompt notification to Kind Learning Programs by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted in Kind Learning Programs Materials or on the Kind Learning Programs Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Kind Learning Programs Materials or the Kind Learning Programs Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; (6) 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. Contact information for Kind Learning Programs’s Copyright Agent for notice of claims of copyright infringement is as follows: Kind Learning Programs, LLC., Attn: Iman Alleyne, 20 Hampton Ave., Suite 150, Northampton, MA, 01060.

21. Term and Termination.

(1) Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Kind Learning Programs Materials, unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used Kind Learning Programs Materials or the Kind Learning Programs Platform prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Kind Learning Programs Materials or the Kind Learning Programs Platform (whichever is earlier) and will remain in full force and effect while you use Kind Learning Programs Materials or the Kind Learning Programs Platform, unless earlier terminated in accordance with the Terms.

(2) Termination of Services by Kind Learning Programs. If you have materially breached any provision of the Terms, if Kind Learning Programs is required to do so by law (e.g., where the provision of the Website or the Services or Kind Learning Programs Materials is, or becomes, unlawful), or if Kind Learning Programs decides, in its sole discretion, to discontinue the Services or all or part of the Kind Learning Programs Materials or Kind Learning Programs Platform, Kind Learning Programs has the right to, immediately and without notice, suspend or terminate any Services provided to you.

(3) Kind Learning Programs Rights. If Kind Learning Programs becomes aware of any possible violations by you of the Terms, Kind Learning Programs reserves the right to investigate such violations. In the event that Kind Learning Programs determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Kind Learning Programs Materials or Kind Learning Programs Platform, Kind Learning Programs reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Kind Learning Programs) that you have violated the Terms; (ii) delete any of Your Content provided by you or your agent(s) to Kind Learning Programs Materials or Kind Learning Programs Platform; (iii) discontinue your registration(s) with any of Kind Learning Programs Materials or Kind Learning Programs Platform, including the Services, School Programs, Classes, and Events; (iv) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which Kind Learning Programs deems to be appropriate. If, as a result of the investigation, Kind Learning Programs believes that criminal activity has occurred, Kind Learning Programs reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Kind Learning Programs is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Kind Learning Programs Materials or Kind Learning Programs Platform, including Your Content, in Kind Learning Programs’s possession in connection with your use of Kind Learning Programs Materials or Kind Learning Programs Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Kind Learning Programs, its Users or the public, and all enforcement or other government officials, as Kind Learning Programs in its sole discretion believes to be necessary or appropriate.

(4) If your Account is terminated by Kind Learning Programs due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access Kind Learning Programs Materials or Kind Learning Programs Platform through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Kind Learning Programs reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

(5) You agree that all terminations for cause will be made in Kind Learning Programs’s sole discretion and that Kind Learning Programs will not be liable to you or any third-party for any termination of your Account.

(6) Termination of Services by You. If you want to terminate the Services provided by Kind Learning Programs, you may do so by (a) notifying Kind Learning Programs at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Kind Learning Programs's address set forth above.

(7) Effect of Termination. Termination of any Service may include removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Kind Learning Programs will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

22. Modifications to these Terms. When changes are made, Kind Learning Programs will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Kind Learning Programs may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

23. International Users. The Website can be accessed from countries around the world and may contain references to Kind Learning Programs Materials, Content and the Kind Learning Programs Platform that are not available in your country. These references do not imply that Kind Learning Programs intends to announce availability of such Kind Learning Programs Materials or Kind Learning Programs Platform or Content in your country. Kind Learning Programs Materials and the Kind Learning Programs Platform are controlled and offered by Kind Learning Programs from its facilities in the United States of America. Kind Learning Programs makes no representations that Kind Learning Programs Materials or the Kind Learning Programs Platform are appropriate or available for use in other locations. Those who access or use Kind Learning Programs Materials or the Kind Learning Programs Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.

24 General Provisions.

(1) Electronic Communications. The communications between you and Kind Learning Programs use electronic means, whether you visit Kind Learning Programs Materials or the Kind Learning Programs Platform or send Kind Learning Programs e-mails, or whether Kind Learning Programs posts notices on the Kind Learning Programs Platform or in the Kind Learning Programs Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Kind Learning Programs in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kind Learning Programs provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

(2) Release. You agree to bear all risk and hereby release the Kind Learning Programs Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage or loss, that is either directly or indirectly related to or arises from any Classes, Events, Activities, or interactions with or conduct of other Users or other third-parties. You agree that the safety and wellbeing of you and/or your Children and the loss, theft, or destruction of you and/or your Children’s belongings are your sole responsibility. You agree that you understand that there may be inherent dangers in the Activities, Classes, and Events provided through the Kind Learning Programs Materials or the Kind Learning Programs Platform. YOU HEREBY ACKNOWLEDGE THAT YOU AND/OR FOR PARENTS, YOUR CHILDREN, MAY BE SUBJECT TO CERTAIN RISKS BY PARTICIPATING IN ACTIVITIES, EVENTS, OR CLASSES AND YOU AGREE (ON BEHALF OF YOURSELF AS WELL AS ON BEHALF OF YOUR CHILDREN, IF APPLICABLE) TO ASSUME ALL SUCH RISKS AND LIABILITIES ARISING THEREFROM. Kind Learning Programs reserves the right, but has no obligation, to intercede in any disputes between Users. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

(3) Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kind Learning Programs’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

(4) Force Majeure. Kind Learning Programs will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

(5) Limitations Period. YOU AND KIND LEARNING PROGRAMS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, KIND LEARNING PROGRAMS MATERIALS THE KIND LEARNING PROGRAMS PLATFORM OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(6) Arbitration Agreements.

1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Kind Learning Programs that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of any arbitration agreement entered into by the Parties (“Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings will be held in English. The Arbitration Agreement applies to you and Kind Learning Programs, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Kind Learning Programs should be sent to: Kind Learning Programs, LLC., Attn: Iman Alleyne, 20 Hampton Ave., Suite 150, Northampton, MA, 01060. After the Notice is received, you and Kind Learning Programs may attempt to resolve the claim or dispute informally. If you and Kind Learning Programs do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

3. Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Kind Learning Programs made to you prior to the initiation of arbitration, Kind Learning Programs will pay you the greater of the award or $2,500. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

5. Time Limits. If you or Kind Learning Programs pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Kind Learning Programs, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Kind Learning Programs.

7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Kind Learning Programs in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND KIND LEARNING PROGRAMS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

8. 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, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

9. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under the Arbitration Agreement.

(7) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Hampshire County, Massachusetts, for such purpose.

(8) Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Massachusetts, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

(9) Notice. Where Kind Learning Programs requires that you provide an e-mail address, you are responsible for providing Kind Learning Programs with your most current e-mail address. In the event that the last e-mail address you provided to Kind Learning Programs is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Kind Learning Programs’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Kind Learning Programs at the following address: Kind Learning Programs, LLC., Attn: Iman Alleyne, 20 Hampton Ave., Suite 150, Northampton, MA, 01060. Such notice will be deemed given when received by Kind Learning Programs by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

(10) Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

(11) Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

(12) Export Control. You may not use, export, import, or transfer Kind Learning Programs Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Kind Learning Programs Materials or the Kind Learning Programs Platform, and any other applicable laws. In particular, but without limitation, Kind Learning Programs Materials or the Kind Learning Programs Platform may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Kind Learning Programs Materials or the Kind Learning Programs Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Kind Learning Programs Materials or the Kind Learning Programs Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Kind Learning Programs are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Kind Learning Programs products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

(13) Questions, Complaints, and Claims. If have any questions, complaints, or claims or you believe that Kind Learning Programs has not adhered to the Terms, please contact Kind Learning Programs by mailing us at Kind Learning Programs, LLC., Attn: Iman Alleyne 208 E Hemingway Circle, Margate FL 33063 (754) 204-8310, or emailing us at kindacademyrocks@gmail.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

(14) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

(15) Construction. The term “including” as used in the Terms means “including but not limited to.”

(16) Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

End of Terms

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