TERMS OF USE

KIDS AND CULTURE, LLC

Kids and Culture, LLC

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using Kids and Culture, LLC, d/b/a Kids and Culture Camp, (hereinafter referred to as the “Program”). The Program and its content are owned by Kids and Culture, LLC.

1. DEFINITIONS:
“Company”, “We”, “I”, “Our”, or “Us” means Kids and Culture, LLC, Kids & Culture Camp, and Culture Quest™.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“You” or “Your” or “User” means the purchaser and person using the Program.

2. CONSENT:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

3. DISCLAIMER:
By participating in the Program, you understand that Kids and Culture, LLC is a limited liability company that provides diverse educational programs for children, including but not limited to, educational enrichment camps and other programs.

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should consult with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation. You should also consult with the proper educational agency to determine the educational requirements for your child for your particular state or providence.

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.

4. ASSUMPTION OF THE RISK:
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the
Program.

5. INTELLECTUAL PROPERTY OWNERSHIP:
The Program and its content, including, but not limited to, the Family Activities Guide, video lessons, interactive questions, homework assignments, assessments, handouts, the Family Activities Guide, crafts, and other hands-on-activities, are intellectual property owned by Kids and Culture, LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

6. PURCHASE AND ACCESS TERMS:
By accessing or using the Program, or by clicking a button or checking a box marked “I Agree” (or something similar), you acknowledge that you have read, understood, consent, and agree to be bound by these Terms of Use, whether or not you are a registered user of our Program. Kids and Culture, LLC reserves the right to modify these Terms of Use so long as notice of these changes are provided to you in writing via email and made available on the Program’s website.

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.

The unauthorized sharing of materials and Program access, and concurrent logins to your family account (with anyone outside of your immediate family) is prohibited. Immediate family is defined as people who reside in your home. Any user account not associated with a purchased product or properly registered user account will be
deactivated and concurrent user attempts will be locked out. All Terms of Use apply to all visitors, users, members, users of free content or courses, users of paid content, and others who access or otherwise use the Program.

7. USE OF THIRD-PARTY CONTRACTORS
We may use independent subcontractors or third parties to assist in providing Program content or we may use third parties to arrange or supply certain aspects of, or services in connection with, our Program. You agree that our obligation to you is to use reasonable care in selecting competent, independent subcontractors and third-party suppliers to provide reasonable services related to the Program. You agree that Kids and Culture, LLC is not responsible for the actions or omissions of such subcontractors or third-party suppliers. third-party links may also be incorporated into materials which may be broken from time-to-time. Please send an email to info@kidsandculture.com and we will make an effort to correct the link. Since links to content or resources provided by third-parties may change, we cannot guarantee that each link will work or can be fixed.

8. NO CLAIMS MADE REGARDING RESULTS:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.

9. DISCLAIMER – NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS ARE
BEING MADE:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.

10. YOUR RELEASE OF US, INDEMNIFICATION, HOLD HARMLESS:
To the fullest extent permitted by law, Kids and Culture, LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Kids and Culture, LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Kids and Culture, LLC our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Kids and Culture, LLC as stated in this section herein.

11. OUR REFUND POLICY: CULTURE QUEST GUARANTEE
We promise that if you make this commitment to yourself and your children, we are confident that your children will truly enjoy the process of learning and increase their knowledge and appreciation about cultures from around the world. We know that once your children embark on this exciting cultural journey with Culture Quest™, they will absolutely love the program! But, if you work through the first Quest (country) by completing all of the lessons, assessments, and implementation activities, and your child has not benefited from the program, simply contact us within 14 days to get your money back. Please note that due to the nature of this program and
the downloadable resources, we do not offer refunds once Culture Quest™ has been purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email hello@kidsandculture.com.

12. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Jania Otey, Esq. at info@kidsandculture.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Kids and Culture, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 10 miles of Washington, DC.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the District of Columbia. The only award that can be issued to you is a refund of any payment made to Kids and Culture, LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

13. PAYMENT AND PURCHASE TERMS:
When you pay for the Program by credit card, you authorize and give permission to Kids and Culture, LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant such as PayPal, Stripe, Square, or other payment merchant designated by Kids and Culture, LLC, who may have privacy policies or security practices that are different than ours. Kids and Culture, LLC is not responsible for the
merchants’ independent policies or practices.

In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.

If you choose the monthly installment payment plan for the Program, you hereby authorize and give permission to Kids and Culture, LLC to automatically charge your credit or debit card as payment for the Program, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you.

In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.

14. LIMITATION OF LIABILITY:
Kids and Culture, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

15. SEVERABILITY
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

By purchasing and/or participating in the Program you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Jania Otey, Esq. at info@kidsandculture.com. Thank you.

Updated On: October 2020

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