Terms of Service
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS (defined below); IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
YOU CHOOSE TO CREATE AN ACCOUNT ON YOUNG INNOVATORS, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH YOUNG INNOVATORS IS LIMITED TO BEING A MEMBER WHO HAS ACCESS TO OUR WEBSITE AND SERVICES, BUT THAT YOU ARE NOT AN EMPLOYEE, AGENT, INDEPENDENT CONTRACTOR, JOINT VENTURER, OWNER, SUBSIDIARY, OR PARTNER OF YOUNG INNOVATORS FOR ANY REASON OR IN ANY WAY, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF YOUNG INNOVATORS. YOUNG INNOVATORS DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, YOUR STATEMENTS AND REPRESENTATIONS, YOUR ACTS OR OMISSIONS, THE ACTS OR OMISSIONS OF THOSE EMPLOYED BY YOU OR SIMILARLY SITUATED, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF YOUNG INNOVATORS, INCLUDING BY INAPPROPRIATELY USING ANY YOUNG INNOVATORS INTELLECTUAL PROPERTY, SUCH AS COPYRIGHTS, LOGOS, DESIGNS, TRADEMARKS, OR ANY OTHER INSIGNIA WHICH REPRESENTS YOUNG INNOVATORS AS A BRAND OR A COMPANY.
V. How Can I Create a Listing? Only Providers may create Listings. To create a Listing, a Provider will be asked a variety of questions about the particular class to be listed, including, but not limited to: the location, capacity, size, features, curriculum subject matter, availability of spots, pricing, and related rules. All Listings for classes must have a valid and accurate physical address. The placement or ranking of the Listing in search results may depend on a variety of factors, including but not limited to, Parent and Provider preferences, ratings, ease of enrollment, parent filters, and other factors. Providers may choose to include certain requirements which parents must meet in order to be eligible to request an enrollment in a particular class or Listing, such as requiring Parents to have physically visited the program, or pre-requisites courses that Parent’s child(ren) must have completed. Furthermore, Providers may deny or approve an enrollment request. Providers are solely responsible for any and all content, including Listings, that they post. Accordingly, each Provider represents and warrants that any Listing such as Provider posts, any enrollment thereof, or a Parent’s child(ren)’s use of a Provider’s course or class in a Provider Listing (i) will not breach any agreements the Provider has entered into with any third parties, such as homeowners associations, condominiums, or other third party agreements, (ii) will be in compliance with all applicable laws (such as zoning and permitting laws), tax requirements, intellectual property laws, and rules and regulations that may apply to any class or course included in a Listing the Provider posts (including having all required permits, licenses, and registrations and following the law of the local jurisdiction as it relates to the Providers services for that particular Listing), (iii) not conflict with the rights of third parties, (iv) has accurate and non-misleading information, and (v) is listed for the purpose of offer educational services to Parents and not for any nefarious purpose or for any other purpose not in line with these Terms. Young Innovators assumes no responsibility for a Provider’s compliance with any agreements, obligations, duties, or conditions with third parties, nor with the Provider’s compliance with applicable laws, rules and regulations. Young Innovators reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Young Innovators, at its absolute sole discretion, considers to be objectionable for any reason, that violates these Terms, or otherwise is harmful to the services or to other Members, as determined by Young Innovators in its sole and absolute discretion. Providers may only accept and/or reject Enrollments in accordance with application laws, regulations, and rules. Providers shall fulfill all enrollments he or she or it accepts. A provider is solely and fully responsible for the Provider’s own acts or omissions and is also solely responsible for the acts or omissions of any individual who participates in or otherwise is present at the class. Providers are solely responsible for their own staff, employees, independent contractors, and other individuals furthering the Providers own interests. Young Innovators is not responsible for the acts of any individual at any class offered by any Provider. No employee, independent contractor, or partner of Young Innovators will be present as a matter of operations for any Provider, and we do not have any responsibility for what occurs during actual classes, programs, or courses which a Provider organizes.
Young Innovators recommends that Providers must have insurance for all of their classes. A Provider must review any insurance policy that the Provider may have for the Provider’s classes carefully, and in particular must make sure that the Provider is familiar with and understands any exclusions to, and any deductibles that may apply for, such
insurance policy, including, but not limited to Parents, their child(ren), or other individuals who are attending or at any particular class. Young Innovators does not act as an insurer or contracting agent, notwithstanding any facilitation of any insurance coverage we may assist a Provider in obtaining.
Before a Provider has confirmed an actual enrollment in a Listing, a Provider may cancel that Listing. After the Provider has accepted and confirmed one or more enrollment(s) in a Listing, and the Provider cancels the Listing, the applicable deposits shall be returned to the applicable Parents and the Provider shall not be able to create another Listing without contacting Young Innovators directly. In addition, the Provider shall be subject to applicable fines or fees imposed by Young Innovators prior to being allowed to post another Listing or other content. Such fees or fines are imposed at the discretion of Young Innovators based on the circumstances surrounding the cancellation of a Listing after a confirmed enrollment. All information provided by a Parent to a Provider is not the responsibility of Young Innovators to safeguard. Providers are solely responsible for the collection, safe keeping, and use of private information received by Parents or other Members in compliance with all Federal, State, and local rules, laws, and regulations. Young Innovators is in no way responsible for a breach of data by a Provider of a child or
children’s information or other personal information provided or collected from a Parent or other Member. Providers must safe guard all personal informationof any individual, especially of children.
VI. How Do Enrollments Work?
Providers shall routinely offer tours for Parents of their premises (“Tours”) and periods for groups of Parents to visit the premises (“Open Houses”). A Parent must become a Member to Tour or attend an Open House. A Parent must attend a Tour or Open House
prior to enrolling his/her/their child(ren) in that particular class. During his or her attendance at a Tour or Open House, a Parent may express interest in enrolling his or her child(ren) in a class.
How to Enroll a Child(ren)?
1. Once a Provider receives a new enrollment notification, the Provider has twenty-four
(24) hours to accept or deny the application. When the Provider approves of the
application, the Parent will receive an approval email with important next step
2. Parents that decide to enroll in a program or class will receive an editable PDF
3. Parents will then complete the application, print the document, and sign it with original signatures prior to starting in the program and bring any other forms required by their state to meet the rules and regulations of their jurisdiction, such as but not limited to any forms related to health/medical/consents/etc. and any other documents required by their State or the Provider. Providers shall upload all documents received by Parents into the proper portal, as described below in these Terms. The enrollment form will include additional information for the Provider such as legal guardian information, emergency contact information, medical information, allergies, and other information. Such information provided to Providers is solely the responsibility of the Provider to safeguard. All Members hereby acknowledge that any private information regulated by applicable laws, rules, and regulations that is provided by one Member to another, is solely the responsibility of the disclosing and receiving Members to safeguard. Young Innovators cannot and will not be responsible for the breach of sensitive or private information provided by one Member directly to another Member. Nor will Young Innovators be responsible for a Provider’s breach of data security, but we shall and will act within the guidelines of all applicable laws, rules, and regulations regarding data breaches.
4. After a Parent has attended a Tour or an Open House, the Parent may enroll his or her
child(ren) in the class via the Services based upon the information provided in Listings and the Parent’s search parameters and preferences.
5. Once a Parent is enrolled in a Provider class or program, they will be assigned to the Provider’s family account.
6. Only Parents that have enrolled in, and whose child(ren) have completed the a program/class/course, may leave or write reviews related to that particular Provider.
For Parents: How do Payments Work?
1. Payments for Provider services may be arranged directly with the Provider, as Young
Innovators does not collect Parent payments. Providers are solely responsible for honoring any confirmed enrollment(s) and making available any program, class, or course reserved through the Services. The Parent agrees to personally inspect the premises of the Provider through a Tour or Open House prior to the Parent’s chil(ren)’s attendance in any course, program, or class provided by that particular Provider at that location. Young Innovators is not responsible for nature of any particular Tour or Open House, nor is it responsible for anything that occurs on the premises of a Provider. Providers may have access to collect payments from Parents using a third-party vendor called Stripe. Stripe may have an integration with our software for Providers to set up accounts in order to receive payment directly from Parents. Young Innovators does not manage Stripe and has no affiliation with Stripe other than to provide their service to Providers. Young Innovators is not responsible for any information provided by a Member to any third party. Young Innovators does not accept Parent payments and therefore is not responsible for anything related to information provided by, payment of, or receipt of payment from Parents as these are run through a third party and sent directly to Providers. Young Innovators is not responsible for any deposit disputes or payment disputes between Parents, Providers, or any other third party, regardless of a third-party integration with our software. Young Innovators is also not responsible for any dispute between Providers and Stripe, or any other third party vendor.
VII. How Do I Cancel an Enrollment?
If a Parent wishes to cancel a confirmed and approved enrollment made through the Services, prior to or after the class, program, or course have begun, the cancellation policy
of the Provider as described in their enrollment contract shall apply. The cancellation policy as described in the applicable Listing will specify when the deposit for said Listing is forfeited due to cancellation of a confirmed enrollment. All refund requests shall be made directly to the Provider. Young Innovators does not accept any Parent payments and is not responsible for any deposits collected by Providers. Young Innovators will not mediate or be involved in deposit or cancellation disputes. Such disputes must be resolved by and between the Provider and Parent. In the event of litigation between any two Members related to a deposit dispute, Young Innovators may investigate the situation for internal audit purposes of Provider quality, but is not and will not be involved in mediating the dispute or being a party to the dispute.
VIII. What are the Financial Terms Regarding Enrollments?
Parents are responsible for paying the amounts due and payable by a Parent directly to a Provider. Young Innovators does not collect fees for use of the Providers services to Parents. Providers are responsible for any and all applicable Federal, State, local, or other
taxes, tariffs, levies, costs, fees, withholdings, and similar assessments. Providers are fully
and solely responsible for the payment of all entities, individuals, and third parties in accordance with any contract, law, or agreement to which it is a party. We have nothing to do with a Provider’s financial, legal, or other responsibilities. Providers are not agents,
employees, or independent contractors of Young Innovators.
IX. What if my Child(ren) are Responsible for Damage at a Provider’s Location?
You acknowledge, that as a Parent, you are responsible for your child(ren)’s acts and omissions as well as for any acts or omissions of any individual that you invite, or otherwise provide access to, a Provider’s location, class, program, or event. In the event that any such damage occurs, the Parent and the applicable Provider shall be fully responsible for resolving any related disputes. Young Innovators is not responsible for the acts or omissions of Parents, Providers, or any individual’s that are legally or ethically in a Parent or Providers care. Young Innovators has no duty to resolve any dispute between a Parent or Provider related to incidents that occur at a Provider location or otherwise.
X. Prohibited Acts and Prohibited Conduct.
Young Innovators promotes a healthy, positive environment. Anyone who is in violation of the following rules (“Prohibited Conduct”) may be suspended or permanently banned from access to Young Innovators or any of its property or Services at the sole discretion of Young Innovators. Outrageous behavior may result in fines or reporting to various law enforcement agencies or other regulatory bodies. As a condition of use, you expressly promise not to use the Services or access to Young Innovators, our platform, our Website, or anything related to our property or brand for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Young Innovators. By way of example, and not as a limitation, you agree not to use the above mentioned:
1. To abuse, harass, threaten, defraud, steal, impersonate, or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any content that is libelous,
defamatory, obscene, pornographic, abusive, profane, offensive or that infringes any
copyright or other right of any person or entity as would be determined by a reasonable
person or as is determined by Young Innovators at its sole discretion.
3. To communicate with any other individual, Provider, Parent, other Member, Visitor, or
employee of Young Innovators or any other user in an abusive or offensive manner;
4. For any purpose that is not permitted under the laws of the jurisdiction where you use
5. To post or transmit or cause to be posted or transmitted, any communication designed
or intended to obtain password, account, or private information of any user or Member
of Young innovators;
6. To gain access to, to take, to recreate, to distribute, or to otherwise gain possession of
and use of any private information of any Member or user of Young Innovators
including names, likeness, age, date of birth, social security numbers, addresses, phone
numbers, or any other private and personal information for any use that is not
authorized herein or by Young Innovators in writing and pursuant to all Federal and
State laws (I.E. State laws referring to the jurisdiction in which the user is using the
7. To create or transmit unwanted ‘spam’ to any person or any URL or to capture email
addresses for any use what so ever other than one on one direct communication;
8. To attempt to ‘back link’ from Young Innovators to any other URL or website;
9. To create multiple accounts for the purpose of leaving reviews for Providers or for any
other purpose that is not in line with Young Innovators intended use of an account;
10. To post copyrighted content that does not belong to you;
11. To take, possess, save, recreate, or steal any of Young Innovators Property;
12. To violate any of the terms of this Agreement;
13. To violate any law or regulation;
14. To infringes or violate the intellectual property rights or any other rights of any third
15. To jeopardize the security of your Account or anyone else’s (such as allowing someone
else to log in to the Services as you by using your account);
16. To violate the security of any computer network or cracks any passwords or security
17. To runs mail list, Listserv, or any form of auto-responder or “spam” on the Services, or
any processes that run or are active while you are not logged into the Services, or that
otherwise interfere with the proper working of the Services (including by placing an
unreasonable load on the Service’s infrastructure);
18. To “Crawl”, “Scrap”, or use “Spiders” on any page, data, or portion of the Website or
19. To make copies or stores any signification portion of content from the Website; or
20. To falsely implied endorsement, partnership, or otherwise mislead others as to your
affiliation with Young Innovators.
You will not (i) use or launch any automated system, including, “robots”, “spiders”, or “offline readers”, that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browsers, (ii) use the Services in any manner that damages, disables, overburdens, or impairs any of our Website functions or interferes with any of any other party’s ability to use the Services, (iii) attempt to gain unauthorized access to the Services; or (iv) access the Services through some other means other than our interface; or (v) use the Services in any manner that is prohibited by law. You may not use the Service is you are legally prohibited from receiving or using the Service under the laws of the country in which you are a resident or from which you access the use of the Services. The Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), so you may not use the Services where your communications would be subject to such laws. You may not use the Services in any way that would violate the Gramm-Leach-Bliley Act (GLBA). Any breaches of the above may result in fines, fees, suspension, or termination of your account and ability to use the Services at the sole discretion of Young Innovators.
XI. Provider Payment Terms and other Provider Terms.
Service Term. The initial term of this agreement by and between us and a Provider is for one (1) year (the “Initial Term”). Following the Initial Term, this Agreement shall automatically renew for successive renewal terms of two (2) years (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless you give a written notice of non-renewal at least sixty (60) days prior to the end of the then-current Initial Term or Renewal Term. If you cancel or otherwise suspend your use of the Services at any time prior to the end of the then-current term (“Early Termination”) you agree to pay a fee (“Early Termination Fee”). The Early Termination Fee may vary based on geography, size of the Provider, business previously conducted with us, and other factors which we may determine at our own discretion. Furthermore, if a Provider does terminate the agreement prior to the end of the Term or Renewal Term, they are still responsible for the payment of the entire Term or Renewal Term, in full.
Initial Fee. Providers shall pay an Initial Fee to us at the time of the beginning of the Initial Term. Early learning consultants create a quote based on the license capacity of your center and your subscription plan selected.
Subscription Fees. A Subscription Fee will be due monthly from Providers to Young Innovators. The Subscription Fee will vary for each particular Provider based on the Listings a provider lists and actually hosts, the number of children within their classes, programs, and courses, the geographic region of the Provider, the type of programs offered and conducted, and other factors determined at the sole discretion of Young Innovators. TEMPORARY NOTICE: All fees for Providers in our pilot program are waived due to the Coronavirus Pandemic until September 2020. This provision does not effect any of the other terms laid out below, and Young Innovators continues to encourage Parents to do their due diligence prior to engaging with any Provider.
Payment. All Providers shall have either a credit card, debit card, or active banking
information (“Method of Payment”) on file with Young Innovators. Each month, the
Subscription Fee shall automatically be charged or deducted from the Provider’s Method of Payment. Providers hereby authorize us to automatically charge for the Subscription Fee and deduct such fee from their Method of Payment on a monthly basis. Furthermore, Providers hereby authorize us to use a third party to process payments, and consent to the disclosures of our payment information to such third party for the purpose of transacting business.
Charge Backs and Declined Payment Method. In the event that a Subscription Fee is declined due to insufficient funds, the expiration of a credit card, or for any other reason to do with a faulty Method of Payment, we will immediately notify you. You will have (5) five business days to provide a new Method of Payment. You will also be charged an
inconvenience fee for the declined original Method of Payment. In the event that you do not pay the inconvenience fee and you do not provide a new valid Method of Payment within the five (5) business days, your account will be deactivated and you will need to pay a re- instatement fee, the inconvenience fee, and provide a new Method of Payment to have it re- activated. All re-activations are at the sole discretion of Young Innovators and Young Innovators is not required to re-activate a Provider account that was de-activated due to late payment or lack of valid Method of Payment. In the event that Young Innovators chooses not to re-activate a Provider account, such Provider is still responsible for all fees and costs associated with that specific Initial Term or Renewal
Term period for which they had access to the Services.
Early Cancellation. You may choose to cancel your subscription early at your convenience
provided that, we will not provide any refunds of any prepaid fees or unused Subscription Fees, and you will be required to promptly pay all unpaid fees due through the end of your Term or Renewal Term.
Payment Information. Providers shall keep their contact information, billing information, and credit card (where applicable) information up to date. Changes must be communicated to us at least fifteen (15) days prior to your next month’s Subscription Fee
billing date. In the event that your payment information is compromised such as a lost card or stolen account, you must immediately notify us. IF YOU FAIL TO PROVIDE ANY OF
THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNLESS YOU HAVE
TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. All fees are due and
payable in advance through the Term or any Renewal Term.
Sales Tax and Other Taxes. Sales taxes and other taxes are not the responsibility of Young Innovators. All actors shall be responsible for their respective tax duties and should consult a licensed professional regarding the same.
XII. INTELLECTUAL PROPERTY OF YOUNG INNOVATORS
The Young Innovators name, brand, logos, graphics, designs, page headers, button icons, scripts, verbal content, curriculum, videos, training scripts, portals, written content, resources, training material, articles, images, picture content, and names are registered trademarks, or trade dress of Young Innovators and are the property of Young Innovators (“YI Intellectual Property”). No Member or other individual has any right or authority or license to use any of the YI Intellectual Property. No Member or other individual has any right to disseminate, share, modify, reproduce, distribute, broadcast, display, transfer, sell or provide the YI Intellectual Property to any third party. Nothing herein shall grant any Member a license to any software owned by Young Innovators or the YI Intellectual Property. No Member has any right to use the Website or Services other than according to these Terms. Nothing shall be construed to entitle a Member the right to use the Services or website except for strict compliance with these Terms and full payment for that particular Service Term. All Member acknowledge that Young Innovators owns all of the content on our Website and platform. We own all of the content associated with the Services. All Members agree not to copy, lease, sell, distribute, steal, create derivative works based on our content, the Services, or the YI Intellectual Property in whole or in part by any means, except as expressly authorized by us in writing. All Members hereby agree that Young Innovators has created their system of connecting educational Providers with Parents through a lengthy process which included a large amount of resources including substantial time, money, and effort. Furthermore, all Members acknowledge that YI Intellectual Property is extraordinarily valuable and has been designed after substantial investments of money, time, effort, and other capital. All Members hereby agree that during their Service Term and for a period of three (3) years after the expiration of their Service Term, that no Member shall;
a. induce, solicit, encourage or facilitate any employee, client, customer, manufacturer, product source, distributor, referral source, advertising companies, vendor, logistical, company, third party provider, software creator, or any other person or entity of which has a business relationship or agreement with the us to break, terminate, lessen or otherwise reduce their respective and applicable agreement or relationship with us. All Members expressly agree hereby to not interfere in any manner whatsoever with such relationships of Young Innovators. b. employ, solicit, recruit, contract with, induce, influence or advise, or directly or indirectly cause the employment, solicitation, or recruitment of any of Young Innovators ‘employees for any reason, including but not limited to having said Young Innovator’s employees work for or engage in a business substantially similar to the business of, or in competition with Young Innovators; c. solicit or assist in the solicitation of the business of any customer, client, client referral source, or other person who has an agreement or business relationship with Young Innovators for the purchase of any products or services competing with those products and services offered and sold by Young Innovators.
XIII. What are my Rights in the Service?
As a Provider, you have access to the following:
Marketing Portal. This section allows Providers to view listings, provider microsites,
digital forms, marketing dashboard to track leads, messages, the Tour scheduling system, and enrollment management boards.
Curriculum Section. This section has thousands of lesson plans, music, and other training
portals for Providers to use.
My Family Accounts. This section includes children’s information, family data, and
other sensitive information. The Providers are responsible for complying with all applicable Federal, State, and other laws, codes, regulations, and rules related to sensitive personal information. Young Innovators shall be indemnified by any Provider who breaches the privacy security of any child or any other Member or Parent for any liability and agrees to come to the defense of any claim against Young Innovators for the act or omission of a Provider or one of their employees, independent contractors, agents, or someone similarly situated. The family connect to billing portals.
Resources for Providers. This section includes forms, handbooks, and training portals. Document Setting. This is where Provider shall upload their license, insurance, and
XIV. Curriculum. Young Innovators has built our lesson plans using Maker Centered learning and design thinking as it provides theoretical framework and practical resources to make learning visible and memorable. Providers may use other curriculums must apply the principles of our framework to provide consistency between the network. We have created the curriculum for our Providers to have complete access to. Providers may also submit lesson plans to Young Innovators and such content will be reviewed and revised by our curriculum committee. See “User Submission” terms below. If the lesson plan meets our criteria, it will be added to the curriculum portal and will be contributed into the portal for a fee. The contributing Provider will receive payment for the lesson plan based on this fee.
XVI. What if I Notice Content that Infringes on my Copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Young Innovators, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
XVII. Am I responsible for what I see or do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Young Innovators is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We do not screen all transmissions between parties for viruses, malware, or other nefarious products. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are hereby notified and advised to do your due diligence thoroughly prior to engaging with any other Member or user for any reason or purpose whatsoever.
Young Innovators has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites
or by any third party that you interact with through the Services (including any Member). In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Young Innovators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you hereby release us from any such potential claim. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Young Innovators is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Young Innovators, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "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."
XVIII. What if I want to Stop Using the Services?
XIX. SENSITIVE INFORMATION.
XX. WARRANTY DISCLAIMER.
Neither Young Innovators nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and
we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
Products and services
purchased or offered (whether or not following such recommendations and suggestions)
through the Services are provided “AS IS” and without any warranty of any kind from Young Innovators or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY YOUNG INNOVATORS (AND ITS
LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE PLATFORM OR SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YOUNG INNOVATORS OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL YOUNG INNOVATORS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, GREATER THAN (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO YOUNG INNOVATORS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO YOUNG INNOVATORS 'S DECISION TO ENTER INTO THE AGREEMENT BETWEEN YOUNG INNOVATORS AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Young Innovators, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your YI Account, in any way (by operation of law or otherwise)
without Young Innovator’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the laws of the
State of Florida, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Young Innovators and limits the manner in which you can seek relief from us. Both you and Young Innovators acknowledge and agree that for the purposes of any dispute arising out of or
relating to the subject matter of these Terms, Young Innovator’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. (a) Applicability of Arbitration Agreement. You and Young Innovators agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except for any claim for which applicable law prohibits arbitration agreements. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. Any dispute about the enforcement, interpretation or validity of this arbitration agreement or its applicability to any particular dispute shall be resolved by the arbitrator pursuant to this arbitration agreement and not any court. The arbitrator shall also have exclusive authority to determine all threshold arbitrability issues, including whether the Terms are void, voidable, unconscionable or illusory and any defenses to arbitration, including waiver, delay, laches or estoppel or others. The arbitrator’s ruling shall be binding. (b) Arbitration Rules. All disputes arising under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. The Parties to this Agreement will submit all disputes arising under this Agreement to arbitration in Orlando, Florida, before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the State of Florida. The prevailing party of any litigation regarding this Agreement shall be entitled to reasonable attorneys’ fees for both the trial and appellate levels. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, including equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(c) Costs of Arbitration. The Costs of Arbitration shall be split equally between the parties,
or according to the rules of the American Arbitration Association, and the prevailing party
shall be entitled to attorneys fees and costs associated with any claim.
(e) Waiver of Jury Trial. YOU AND YOUNG INNOVATORS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Young Innovators are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Young Innovators over whether to vacate or enforce an arbitration award, YOU AND YOUNG INNOVATORS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. (f) 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, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. CLAIMS OF MORE THAN ONE MEMBER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER, unless both you and Young Innovators otherwise agree in writing. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable in any dispute, neither you nor we are entitled to arbitration of the class or consolidated claims; instead all class and consolidated claims will be resolved in a court as set forth in (h) below and will be stayed pending the outcome of any individual claims in arbitration. (g) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Young Innovators Corporate Office 163 E Morse Blvd Suite 230 Winter Park Fl 32789 postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your YI Account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement. If you send this opt-out notice, then the foregoing arbitration agreement will not apply to either party, except for (h) below. Notwithstanding the provisions above in WILL THESE TERMS EVER CHANGE, if we change the terms of this arbitration agreement, you have a right to opt out of the amended arbitration agreement within 30 days of the effective date of the amended arbitration agreement or, if later, our delivery of notice to you about the change, using the same opt-out notice procedure described above. If you send this opt-out notice in response to a change to the arbitration agreement, then the arbitration agreement in effect for you prior to the change will govern any claims or disputes between us. (h) Exclusive Venue. If you opt out of the arbitration agreement by sending the notice in (g), if the foregoing arbitration agreement permits either you or Young Innovators to litigate any dispute in court, or if any dispute is not subject to arbitration under applicable law, then both you and Young Innovators agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Orange County, Florida or the Middle District of Florida, except as otherwise set forth in this arbitration agreement. (i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Young Innovators.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Young Innovators may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Young Innovators agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Young Innovators, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Young Innovators, and you do not have any authority of any kind to bind Young Innovators in any respect whatsoever. Except as expressly set forth in the sections above regarding the arbitration agreement, you and Young Innovators agree there are no third party beneficiaries intended under these Terms.
Acts of God. Notwithstanding any provisions to the contrary contained in this
Agreement, neither party shall be liable to the other for any failure to perform its obligations under this Agreement if such failure to perform is due to any cause beyond its control, including, but not limited to, acts of God, acts of civil or military authority, fire, epidemics, floods, riots, wars, sabotage, terrorism, labor or material shortage or disputes and Governmental actions.