Terms of Service
Why should I read them?
Spark Learning Pals (Exceptional Steps LLC). (“Spark Learning Pals (Exceptional Steps LLC)” “we,” “us,” or “our”) welcomes you. We provide you access to our website located at https://www.sparklearningpal.com/ (the “Website”) and our live classes and Summer Camp programming (“Live Classes and Summer Camp Programming”, and together with the Website, the “Services”) subject to the following terms (the “Terms”), which may be updated by us from time to time without notice to you.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
A. Acceptance of Terms
The rest of the TOU is broken into a number of different sections:
1. Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) Obligations to You
2. Your Obligations to Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com)
3. Security and Member Privacy
4. Member Account Registration
5. Member Conduct
6. PenPal World's Proprietary Rights
7. Disclaimer of Warranties
8. LIMITATION OF LIABILITY
10. Modification and Termination of the Service
11. Modification to the TOU
12. TOU Violations
13. Entire Agreement
14. Governing Law
15. Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) Obligation to You.
Subject to the TOU, Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) will:
Inform you of any changes to the TOU from time to time. See Modification to the TOU.
Remind you of aspects of 'Your Obligation to Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com)' at appropriate times during your use of the Service.
Supply the Service using operating procedures designed to ensure the Service's security and System availability.
Answer any queries you have regarding the TOU, Service and the operation of your account.
Your Obligation to Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com)
You will accept liability for some events which may occur. See Indemnification.
You will read, acquaint yourself fully and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification from Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com)
You are aged 13 or over. Or your parent or guardian gives consent to use the service.
You are aged 18 or older you will not contact minors aged 17 or younger.
You will at all times use the Service in good faith and in a responsible manner.
You will not allow anyone other than yourself and Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) to access your account.
You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) prior written approval.
You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com)
Comply with all terms of Members Conduct and Member Account Registration of the TOU.
D. Security and Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.
Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) has put in place security measures to protect against the loss, misuse and alteration of the information collected.
Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) understands and respects your rights of privacy. It is because of this philosophy that subject to the exclusions below, your personal details provided to Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) will not be sold or otherwise distributed to third parties.
Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) or enforce the TOU.
Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.
E. Member Account Registration
To register as a Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) Pen Pal and/or Homeschool Parent Pal member, you agree to:
Provide us with current, complete and accurate information about yourself (the registration data);
Maintain and promptly update the registration data to keep it current, complete and accurate at all times;
To represent only yourself on the Service, and no other persons, living, dead, or imagined.
If you provide any information that is not current, or is incomplete or inaccurate, or Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.
Under no circumstances does Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member. Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) also deserves the right to cancel, delete and/or block any accounts at its sole discretion.
F. Member Conduct
As a condition of your use of the Service, you guarantee to Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
Create a false or misleading identity of, including, but not limited to, a Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
Transmit, e-mail or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Interfere with another member's use and enjoyment of the Service.
Without prejudice to the Security and Member Privacy of the TOU, Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) has no obligation to monitor the Service or any member's use thereof.
G. Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) Proprietary Rights
You acknowledge and agree that the Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TOU.
Certain of the names, logos, and other materials displayed on the Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of sparklearningpal.com. Ownership of such IP rights remains with Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com). You are authorized to use such IP rights during the process of promoting and using the Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) service hosted by the Service.
H. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
Your use of the Service is at your sole risk.
The Service is provided on an 'as is' and 'as available' basis and the warranties on the part of Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com), written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
The information and content included in or available through the Service may include inaccuracies or typographical errors.
Changes are periodically added to the information contained with the Service and Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) and/or its respective suppliers may make improvements and/or changes in the Service at any time.
No advice or information, whether oral or written, obtained by you from Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) or through the Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) does NOT represent or warrant that:
The Service will meet your requirements.
The Service will be uninterrupted or error-free, timely or secure.
Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
The content of the Service input by other members is correct or accurate.
I. LIMITATION OF LIABILITY
YOU AGREE THAT Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
PROVIDED THAT Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE;
PROFITS, OR OTHER INTANGIBLE LOSSES;
ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
DELAY IN OPERATION OR TRANSMISSION;
COMMUNICATION LINE FAILURE;
DESTRUCTION OR UNAUTHORIZED ACCESS;
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF PenPal World OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) TO ITS MEMBERS SHALL BE LIMITED TO THE MONTHLY MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com).
You agree to indemnify, defend and hold harmless Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com), its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
K. Modification and Termination of the Service
You agree that Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com), in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice, and acknowledge and agree that Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service UNLESS agreed in writing with Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com). Nevertheless, where possible, Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com)will use reasonable endeavors to give Members fair notice of termination or suspension of their access to the Service.
Further you agree that Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
L. Modifications to the TOU
Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) reserves the right to change the TOU or policies regarding the use of the Service at any time. In this event you might be sent an email detailing the changes. Upon your next logon to the Service you will be asked to indicate your acceptance of the new TOU, acceptance of which is required to allow your continued use of the Service.
Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) shall not be liable to you or any third party for any modification to or discontinuance of the Service.
M. TOU Violations
Please report any violations of the TOU to Customer Support.
N. Entire Agreement
These TOU constitute the entire agreement between Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) and the Member and supersede any previous agreement or understanding between Exceptional Steps, LLC (Spark Learning Pals-sparklearningpal.com) and the Member.
O. Governing Law
The court of jurisdiction is located in New York, USA. As such, the laws of the state of New York, USA will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
Spark Learning Pals (Exceptional Steps LLC) MAY REFUSE ACCESS TO OR USE OF THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICES ARE REVOKED IN SUCH JURISDICTIONS.
Our community, like any community, functions best when our users follow a few simple rules. Accordingly, you agree to comply, and to ensure that each of your Programming Participants (as defined below) complies, with each of the community guidelines below (the “Community Guidelines”).
You and your Programming Participants will comply with all applicable laws in the use of the Services and will not use the Services for any unlawful purpose or in any way that limits the rights of others;
You and your Programming Participants will not access or use the Services to collect any market research for a competing business;
You and your Programming Participants will not impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity;
You and your Programming Participants will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You and your Programming Participants will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
You and your Programming Participants will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
You and your Programming Participants will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
You and your Programming Participants will not copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to you through the Services; and
You and your Programming Participants will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
If you find something that violates our Community Guidelines, please let us know and we will review it.
ACCESS BY MINORS
Our Live Classes and Summer Camp Programming is designed to be accessed and used by children, but only with the consent of the child’s parent or legal guardian. If you permit any minor child (i.e., any individual under the age of 18 years) to access, participate in, or otherwise use the Services, including, without limitation, the Live Classes and Summer Camp Programming (each such minor, a “Programming Participant”), you represent, warrant, and covenant that: (i) you are the legal guardian of such minor, or otherwise have obtained the consent and approval of such minor’s legal guardian to provide the minor with access to and use of the Services and to permit such minor to participate in the Live Classes and Summer Camp Programming; (ii) you shall ensure (including through appropriate supervision) the safety of such minor while participating in any Live Classes and Summer Camp Programming and such minor’s compliance with these Terms at all times during his or her use of the Services; (iii) you have informed such minor of the terms and conditions of these Terms, and he or she has agreed to access and use the Service, and participate in any Live Classes and Summer Camp Programming, in strict compliance with the same; (iv) you shall be solely responsible and liable for such minor’s access to and use of the Services and participation in the Live Classes and Summer Camp Programming, including for any injury or damage to the minor or any other person as a result of such use and/or participation; and (v) all waivers, releases, acknowledgments, and assumptions of risk made by you under these Terms are made both for yourself and on behalf of the applicable minor. Spark Learning Pals (Exceptional Steps LLC) hereby disclaims any and all liability arising out of usage of the Services (including participation in any Program) by any minor without the supervision and consent of such minor’s legal guardian. IF YOU ARE A MINOR, YOU MAY NOT ACCESS, PARTICIPATE IN, OR OTHERWISE USE THE SERVICES, INCLUDING ANY LIVE CLASSES AND SUMMER CAMP PROGRAMMING, WITHOUT THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN.
In order to access and use the Services or certain features thereof, whether through a class sample or through purchase of a Program Subscription (each as defined below), you will be required to establish a Spark Learning Pals (Exceptional Steps LLC) profile and user account (a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your User Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your User Account, and shall immediately notify Spark Learning Pals (Exceptional Steps LLC) of any actual or suspected unauthorized access to or use of your User Account or any associated user IDs, passwords, or other credentials. You will cooperate fully with Spark Learning Pals (Exceptional Steps LLC) and take all actions that we reasonably deems necessary to maintain or enhance the security of the Services or our computing systems and networks and your access to the Services. Spark Learning Pals (Exceptional Steps LLC) is not and shall not be deemed liable for any loss or damage to you arising from your failure to comply with this paragraph.
Your access to the Services may be preceded by a free trial (a “Trial”). We reserve the right, in our sole discretion, to determine your eligibility for a Trial. If you receive a Trial, you and your Programming Participants may only use those portions of the Services (and participate in those number and types of Live Classes and Summer Camp Programming) included in your Trial, only for the duration of that Trial, and only for the purpose of evaluating the desirability of purchasing access to the Services. Upon the expiration of any Trial, your ability (and the ability of your Programming Participants) to access and participate in Live Classes and Summer Camp Programming will cease, except where you have purchased and/or registered for an Access Pass (as defined below) in accordance with the terms hereof.
SUBSCRIPTION PURCHASE AND FEES
Subject to and conditioned upon your compliance with these Terms, you may purchase access to the Services (PROGRAM SUBSCRIPTION)(including, without limitation, the Live Classes and Summer Camp Programming) on a subscription basis (each such subscription, a “Program”) through our purchasing portal, available on the Website. In order to purchase any Program, you must have a current valid credit card or other payment method acceptable to Spark Learning Pals (Exceptional Steps LLC) (a "Payment Method"). By providing a Payment Method to Spark Learning Pals (Exceptional Steps LLC), you are expressly authorizing us to charge you the purchase price of your Program, together with all associated taxes, fees, and other amounts. The purchase price and all subscription fees and other amounts applicable to your purchase of a Program Subscription and to your use of the Services shall be as posted to the Website as of the date of purchase. Spark Learning Pals (Exceptional Steps LLC) will bill the Program purchase price and all applicable fees, taxes, and other amounts at the time of purchase to the Payment Method you listed in your User Account, or to a different Payment Method if you provide us with a different Payment Method in connection with the applicable purchase. Your subscription to the Services will automatically renew for subsequent terms equal to the term of your initial subscription, and you authorize us to charge you for such renewal terms via your Payment Method, unless you provide us with written notice of your intention to terminate your subscription to the Services at least thirty (30) days in advance of such renewal after the agreed upon 10 month commitment has been honored. ALL FEES AND OTHER AMOUNTS PAYABLE HEREUNDER ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE. ALL PROGRAM PURCHASES ARE FINAL PURCHASES, NON-REFUNDABLE AND NON-EXCHANGEABLE.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Spark Learning Pals (Exceptional Steps LLC) and/or exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
The Services contain material, such as videos (including, without limitation, Recordings (as defined below)), photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Spark Learning Pals (Exceptional Steps LLC) (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may use the Services and view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Spark Learning Pals (Exceptional Steps LLC). Spark Learning Pals (Exceptional Steps LLC) retain all right, title, and interest, including all intellectual property rights, in and to the Services and the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Services or Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose.
If you violate any part of these Terms, your permission to access the Services and the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Spark Learning Pals (Exceptional Steps LLC) (the “Spark Learning Pals (Exceptional Steps LLC) Trademarks”) used and displayed on the Content are registered and unregistered trademarks or service marks of Spark Learning Pals (Exceptional Steps LLC). Other company, product, and service names located on the Content may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Spark Learning Pals (Exceptional Steps LLC) Trademarks, the “Trademarks”). Nothing on the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Spark Learning Pals (Exceptional Steps LLC) Trademarks inures to our benefit.
Elements of the Content are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Live-stream Classes and Summer Camp Programming is made available by Spark Learning Pals (Exceptional Steps LLC) via a third-party video conferencing platforms, currently Zoom. By accepting these Terms or by taking part in, or consenting to your Programming Participant’s participation in, any live-stream Classes and Summer Camp Programming session, you agree to Zoom’s Terms of Service and Privacy Statement, available at https://zoom.us/terms and https://zoom.us/privacy, respectively (collectively, the “Zoom Policies”). You acknowledge that we are not responsible for Zoom, its products or services, or for the products or service of any other third party vendor. Any access or use by you or any of your Programming Participants’ of any third party products or services is at your sole risk.
Additionally, you understand and acknowledge that when your Programming Participants participate in live-stream Live Classes and Summer Camp Programming through Zoom (or such other video conferencing platform as we may elect to use from time to time), all or portions of the Live Classes and Summer Camp Programming may be shown in gallery view. Accordingly, your Programming Participants will be visible to other Live Classes and Summer Camp Programming participants, and such other Live Classes and Summer Camp Programming participants will be visible to your Programming Participants.
Although Spark Learning Pals (Exceptional Steps LLC) requires that all users of the Services comply with the Community Guidelines, YOU UNDERSTAND AND ACKNOWLEDGE THAT Spark Learning Pals (Exceptional Steps LLC) MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR, THE CONDUCT OF ANY USERS OF THE SERVICES, INCLUDING ANY LIVE CLASSES AND SUMMER CAMP PROGRAMMING PARTICIPANTS, AND Spark Learning Pals (Exceptional Steps LLC) WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MAY RESULT FROM YOUR INTERACTIONS, OR THE INTERACTIONS OF YOUR PROGRAMMING PARTICIPANTS, WITH OTHER USERS OF THE SERVICES.
We record all live-stream Live Classes and Summer Camp Programming sessions for the limited purposes set forth herein (“Recordings”), including, without limitation, (i) to ensure the Live Classes and Summer Camp Programming functions properly, (ii) to ensure that Programming Participants are receiving appropriate Content, (iii) for providing virtual teacher training and feedback, and (iv) for such other purposes to which you may consent. Additionally, we include all Recordings in our online library, through which Program member may replay or view pre-recorded Live Classes and Summer Camp Programming, subject to any limitations or restrictions applicable to their plan access.
When our teachers conduct Live Classes and Summer Camp Programming, Recordings are primarily made in the “presenter” view of Zoom or the applicable video conferencing platform. However, when your Programming Participant chooses to contribute to the Live Classes and Summer Camp Programming, whether through responding to a question, participating in show-and-tell or other sharing activities, or otherwise actively participating in the Live Classes and Summer Camp Programming (each, a “Spotlight”), your Programming Participant will be visible in the Recording for all or a portion of that Spotlight. YOU EXPRESSLY CONSENT, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR PROGRAMMING PARTICIPANTS, TO OUR RECORDING OF YOUR PROGRAMMING PARTICIPANTS IN CONNECTION WITH ANY SPOTLIGHT, AND YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT RECORDING OF ANY SPOTLIGHTS WILL BE ACCESSIBLE AND VIEWABLE BY OTHERS THROUGH OUR ONLINE LIBRARY.
COMMUNICATIONS WITH AND SUBMISSIONS TO US
Although we encourage you to e-mail us, we do not want you or Programming Participants to, and you and Programming Participants should not, e-mail us any content that contains confidential information. With respect to all emails and communications you or your Programming Participants send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in such communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you or any Programming Participants.
NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES, INCLUDING ANY Live Classes and Summer Camp PROGRAMMING, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY Spark Learning Pals (Exceptional Steps LLC) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Exceptional Steps, LLC (Spark Learning Pals, sparklearningpal.com) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY Live Classes and Summer Camp PROGRAMMING, AND ANY CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Spark Learning Pals (Exceptional Steps LLC) DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ADDITIONALLY, AND WITHOUT LIMITING THE FOREGOING, NEITHER Spark Learning Pals (Exceptional Steps LLC) NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE SERVICES (INCLUDING ANY Live Classes and Summer Camp PROGRAMMING), OR ANY RESULTS GENERATED THEREFROM, WILL MEET YOUR NEEDS OR EXPECTATIONS. Spark Learning Pals (Exceptional Steps LLC) MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SAFETY OR APPROPRIATENESS OF YOUR OR YOUR PROGRAMMING PARTICIPANTS’ PARTICIPATION IN THE SERVICES (INCLUDING ANY Live Classes and Summer Camp PROGRAMMING), OR THAT YOU OR ANY PROGRAMMING PARTICIPANT WILL RECEIVE ANY SPECIFIC RESULTS OR EDUCATIONAL OR OTHER BENEFITS FROM PARTICIPATING IN THE SERVICES (INCLUDING ANY Live Classes and Summer Camp PROGRAMMING). Spark Learning Pals (Exceptional Steps LLC) FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICES, ANY THIRD PARTY SERVICE, OR THE QUALITY OR AVAILABILITY OF THE Live Classes and Summer Camp PROGRAMMING. AS BETWEEN YOU AND Spark Learning Pals (Exceptional Steps LLC), YOU ASSUME ALL RISK IN CONNECTION WITH YOUR AND YOUR PROGRAMMING PARTICIPANTS’ ACCESS TO AND USE OF THE SERVICES (INCLUDING ANY Live Classes and Summer Camp PROGRAMMING), AND ALL RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL Spark Learning Pals (Exceptional Steps LLC) OR ITS OFFICERS, DIRECTORS, EMPLOYEES, COUNSELORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR OR ANY PROGRAMMING PARTICIPANT’S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES (INCLUDING ANY Live Classes and Summer Camp PROGRAMMING), INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND (B) IN NO EVENT WILL Spark Learning Pals (Exceptional Steps LLC)’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE SUM OF $50. If you are not satisfied with the Website or the Services (including any Live Classes and Summer Camp Programming), your sole and exclusive remedy is to cancel your Program Membership, if any, and cease all access to and use of the Website and Service by you and by any of your Programming Participants.
Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Spark Learning Pals (Exceptional Steps LLC) shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance.
You and Spark Learning Pals (Exceptional Steps LLC) understand and agree that the disclaimers, exclusions, and limitations in this Section above are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Supernow would be unable to make the Services available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The Services may contain advertisements and links to third-party websites (“External Sites”). These advertisements and links are provided solely as a convenience to you and not as an endorsement by us of the advertiser or the content on such External Sites. The content of the advertisements and of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any advertisement or linked External Sites and do not make any representations regarding the content or accuracy of such advertisements or any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold Spark Learning Pals (Exceptional Steps LLC) and our owners, members, officers, directors, employees, counselors, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your or your Programming Participant’s breach of these Terms; (ii) your or your Programming Participant’s misuse of the Content or the Services; (iii) your or your Programming Participant’s violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and (iv) your or your Programming Participant’s violation of the Zoom Policies (or the policies of any successor video conferencing platform that we may elect to use with respect to the Services). We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
CHANGES TO TERMS
These Terms are effective as of the last updated date stated at the bottom. We may change these Terms from time to time with or without notice to you. Any such changes will be posted on the Website. By accessing the Services after we make any such changes to these Terms, you are deemed to have accepted such changes. Please refer back to these Terms on a regular basis.
TERMINATION OF TERMS
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Services, at any time and for any reason without prior notice or liability to you. We likewise reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability to you. Any provisions of these Terms which, by their nature, extend beyond termination or expiration of these Terms (including, without limitations, those provisions relating to intellectual property, disclaimers of warranties, limitations of liability, and indemnification) shall survive any termination of these Terms.
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
In the event of a dispute arising between you and Spark Learning Pals (Exceptional Steps LLC) under or relating to these Terms or the Services (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator selected jointly by you and Spark Learning Pals (Exceptional Steps LLC), whose decision will be final, except for a limited right of appeal under the FAA. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth below, nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will insure to the benefit of our successors, assigns, licensees, and sub licensees.
This document was last modified on September 20, 2023