Last Update: 07/26/2022
Welcome to Learning Works, LLC and Raise Ready Kids!
These Terms of Service (“Agreement”) contain the complete terms and conditions applicable to your (“you” or “your”) access to and use of the services and features available on Learning Works, LLC’s (“Learning Works”, “we”, “us” or “our”) website located at http://www.raisereadykids.com. It also covers the learning services made available through the Site or through downloadable applications or educational materials that we make available to you (with the website, collectively, the “Site”), as well as all related services (all of the foregoing together “Services”), and any information, text, graphics, photos or other materials posted, submitted, or requested on or through the Site and Services (the “Content”).
Access to the Services
1.1 License. Subject to this Agreement, Learning Works grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and our Services solely for your own personal, noncommercial use. All rights not expressly granted to you hereunder remain the sole property of Learning Works.
1.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Services, whether in whole or in part, or any Content displayed on or through the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Content or Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services (or on any Content displayed on or shared through our website or apps) must be retained on all copies thereof.
1.3 Modification. Learning Works reserves the right, at any time, to modify, suspend, or discontinue any of our Services (in whole or in part) with or without notice to you. You agree that Learning Works will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services or any part thereof.
1.4 No Support or Maintenance. You acknowledge and agree that Learning Works will have no obligation to provide you with any support or maintenance in connection with our Services.
The Raise Ready Kids name, the logo, and other Raise Ready Kids trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Learning Works. Unless otherwise noted, Services and Content provided by Raise Ready Kids are © Learning Works LLC.
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and Content is owned by Learning Works or third parties on which we rely to provide our Services. Neither this Agreement (nor your access to our Services) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3. Learning Works and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
1.6 Age Restrictions. You must be at least 13 years old to use our Services. If you are older than 13 but not yet 18 years of age, you may not use our Services without the close supervision of a parent or legal guardian. If we learn that personally identifiable information of persons under 13 years of age has been collected through our Services without verified parental consent, then we will take the appropriate steps to delete this information.
Account, Payment, & Cancellation
2.1 Account. At our discretion, we may limit access to certain features of our Services to clients and visitors (“Users”) who have registered for an account (“Account”). You represent and warrant that: (a) all required registration information you submit for an Account is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with this Agreement.
2.3 User Data. You grant Learning Works the right to use any data, information or material provided or submitted by you or on behalf of you to Learning Works in the course of using or accessing the Services (“User Data”), as needed to provide you with the functionality of the Services. You acknowledge and agree that Learning Works may access, preserve and disclose your account information and User Data if required to do so by any applicable law or if Learning Works in good faith believes that such access, preservation or disclosure is reasonably necessary to: (i) comply with any applicable legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Learning Works, its customers and/or users and/or the public. In no event shall Learning Works or its designees have any liability or obligation to you in connection with exercising any rights set forth in this Section.
2.4 Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be incomplete, inaccurate or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site.
2.5 Electronic Communications. When you visit the Site, and send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Site, about any of our Services, or for such other purposes as we deem appropriate.
If you provide Learning Works with any feedback or suggestions regarding our Services (“Feedback”), you hereby assign to Learning Works all rights in such Feedback and agree that Learning Works shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Learning Works will treat any Feedback you provide to Learning Works as non-confidential and non-proprietary. You agree that you will not submit to Learning Works any information or ideas that you consider to be confidential or proprietary.
Availability of Website
You understand that traffic of data through the internet may cause delays during the display or download of information from Learning Works. Learning Works will use commercially reasonable efforts to maintain continuous availability of Learning Works, except for scheduled maintenance, required repairs, and any interruption due to causes beyond the reasonable control of or not reasonably foreseeable by Learning Works, including, without limitation, any force majeure event as described below.
5.1 The information made available through our Services and Content (including information contained on videos, audios, comments, in emails, in text files, or in chats) is for informational purposes only and cannot replace or substitute for the services of trained professionals in any field, including financial, medical, psychological, or legal. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
5.2 No advice or information, whether oral or written, obtained from Learning Works or through Learning Works provides or creates any warranty not expressly made in these Terms. To the fullest extent permissible under applicable law, Learning Works expressly disclaims any and all implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
5.3 Learning Works has no responsibility for your decisions or actions with respect to use of Learning Works Content, the Program or any materials or equipment provided by Learning Works You are fully responsible for making your own evaluations, decisions and actions regarding use of Learning Works Content, the Program or any materials or equipment provided by Learning Works and for the outcomes and consequences of such use. Learning Works has not evaluated your facilities, environment, equipment or personnel, and makes no representations or recommendations about the suitability of Learning Works Content, the Program or any materials or equipment provided by Learning Works for you or your organization.
5.4 You acknowledge that Learning Works has not made and does not make any representations, warranties, promises, or guarantees of any kind about the success or outcome of use of Learning Works Content or Program including, without limitation, representations about improvements in school environment, academic performance, or student development. You and your organization are entirely responsible for use of Learning Works Content.
5.5 OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LEARNING WORKS (AND THIRD PARTIES ON WHOM WE RELY TO PROVIDE OUR SERVICES) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE ANY OF OUR SERVICES, CONTENT, OR RECOMMENDATIONS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEARNING WORKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, EVEN IF LEARNING WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification and Release.
7.1 You hereby agree to indemnify, defend, and hold Learning Works and its directors, officers, employees, agents, and assigns (collectively, “Learning Works Indemnified Parties”) harmless against all claims, liabilities, losses, damages, and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of your breach of these Terms, your use of the Learning Works Services, a claim that your use of the Services violates any applicable law or regulation, your acts of willful negligence or omissions, or your actions or other matters related to your use of Learning Works, including, without limitation, any claims by students, parents, or other third parties arising from such user’s activities or your use of Learning Works Content. You will not have any obligation to indemnify any Learning Works Indemnified Party to the extent the liability is solely caused by the gross negligence, willful misconduct, or fraud of such Learning Works Indemnified Party. This obligation shall survive the termination of your use of the Services.
7.2 You hereby release and forever discharge Learning Works (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, our Services (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use our Services. We may suspend or terminate your rights to use the Services (including your account on this Site or any future software or applications) at any time for any reason at our sole discretion, including for any use of our Services in violation of this Agreement. Upon termination of your rights under this Agreement, your right to access and use the Services will terminate immediately and you will lose all access to any User Content or other Content stored by us. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.
9.1 Changes. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon our posting of notice of the changes on our site. Continued use of any of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Dispute Resolution. Except as otherwise specifically provided for in this Agreement, and to the fullest extent permitted by law, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in San Francisco,
California, in accordance with the then-existing rules for commercial arbitration of the Judicial Arbitration and Mediation Service (“JAMS”). Any judgment or award rendered by JAMS will be final, binding and non-appealable, and judgment may be entered by any state or federal court having jurisdiction thereof. The prevailing party shall be entitled to recover all reasonable costs and expenses incurred in connection therewith, including reasonable attorneys’ fees.
9.3 Disclosures. Learning Works is located at the address in Section 12. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product 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.
9.4 Entire Terms. This Agreement constitutes the entire agreement between you and us regarding the use of our Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Learning Works is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Learning Works’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Learning Works may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
Learning Works will not be required to perform or be held liable for failure to perform if nonperformance is caused by power failures, nonperformance of internet or data communications facilities, third party mechanical or other equipment breakdowns, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, labor strikes, work stoppages, war, hostilities, a national emergency, acts of God, epidemics, quarantines, natural disasters, or any other causes beyond the control of Learning Works.
Governing Law; Jurisdiction
These Terms of Service shall be governed by California law. You and Learning Works consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California.
By continuing to use or access the Site, you agree to be bound by and subject to these terms.
Learning Works, LLC
3749 22nd St,
San Francisco, CA 94114