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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.

 

Young Innovators, as mentioned in detail below, has no liability for a Provider’s actions or inaction. Terms of Use Effective date: 03/23/2020 I. About these Terms of Use. Welcome to Young Innovators (defined below). Please read on to learn the rules, terms, conditions, obligations and restrictions that govern your use of our website(s), platforms, curriculum, products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@younginnovatorscnn.com or 407-988-0230. These Terms of Use (the “Terms”) are a binding contract between you and Young Innovators Technologies Inc. (“Young Innovators,” “we” and “us”). These Terms are very important and should be read and fully understood as they create certain legal obligations between us. We encourage all individuals and entities to retain counsel prior to agreeing to said Terms for the review of the same. You must agree to, and accept all of the Terms, or you don’t have the right to use the Services. You are using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. NOTICE: Please read these Terms carefully. They cover important information related to legal obligations, rules, and restrictions associated with your use of the Services. Young Innovators reserves the right to change these Terms. We are constantly seeking to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, and if we do, the change will be effective upon the posting of the amended Terms on the Young Innovators website: https://www.younginnovatorsacademy.com/. We will do our best to bring any changes to your attention by placing a notice on the https://www.younginnovatorsacademy.com/ website, by sending you an email, and/or by some other means such as a prompt to agree or disagree with the new terms upon login. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services in the future any time after the rejection of the new terms. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. II. About Young Innovators; Legal Relationships and Obligations. Young Innovators is a network that connects early childhood educational programs (“Providers”) with parents and/or guardians looking to engage with Providers for their services (“Parents”). An individual or entity that completes Young Innovator’s registration process, including Providers and Parents is a “Member”. When these terms use the word “you”, it refers to any Member, while if we use one of those specified terms above (i.e. Provider or Parent), it only applies to that category of Member or user. Providers offer childcare and educational/tutoring services at their location. Providers also list their programs and services on our Website. Parents may review and register/reserve spots for their child(ren) for particular Providers services using the “Enrollment” feature on the Young Innovator website, www.younginnovatorsacademy.com/ (the “Website”). Unregistered visitors (“Visitors”) may view Provider listings on the Website, however, all Visitors must register and become a Member prior to scheduling tours, messaging providers, completing enrollment applications, or otherwise using any of the features of the Website or any of the Services of Young Innovators. Although Young Innovators allows for Parents to utilize the services of Providers and allows for the facilitation of such services, all Members hereby expressly acknowledge that Young Innovators is not a party to any relationship between a Provider and a Parent and is not responsible for the actions of any Member. Young Innovators is not responsible for any negligent or intentional act or omission, any breach of contract, or any other act by a Provider or Parent, or any other Member with another Member. Young Innovators shall not be the appropriate party to any suit between a Parent and Provider regarding disputes related to Provider services or Provider/Parent obligations to each other. Parents may choose to enter into separate agreements outside of Young Innovators platform with Providers (“Outside Agreements”). We encourage you to use Outside Agreements, but will not review their terms. Nor do we owe a fiduciary, contractual, or any other duty to either party regarding any Outside Agreement. If you choose to enter into an Outside Agreement, it must not, in any manner, conflict with any of the terms herein. We highly encourage you to seek legal counsel prior to entering into any legally binding agreement with any third party. Furthermore, by accepting these Terms, you acknowledge that any such Outside Agreement is not the responsibility of Young Innovators to enforce nor shall Young Innovators be a party to any such Outside Agreement. In the event that Young Innovators is incorrectly named as a party to such suit, all Members hereby agree to dismiss Young Innovators from such suit, and for the Provider/Parent defendant to indemnify Young Innovators in the event that such indemnification is necessary. In order for Providers to be a part of the Young Innovator network, Providers must be licensed in their State and in good standing with the same. Providers will be required to complete a background check and potentially are subject to a background check at any time. Providers may be asked, and they shall, provide certain documentation to prove good standing in their State(s) of operation to Young Innovators and other documents as part of a routine audit of Providers, including but not limited to, the Provider’s state license, the Provider’s training credentials, the Provider’s history in the industry, and the Provider’s insurance documentation. Providers must also have liability insurance with limits which are acceptable to Young Innovators and must show proof of the same. Without compliance with this Paragraph, a Provider may not use our Services. While these Terms do place certain restrictions on our Members’ use of our Services to ensure the quality and safety of Providers, you understand that Young Innovators is not a party to the relationship formed between a Provider and a Parent. A Parent may use Young Innovators to facilitate its receipt of professional services from a Provider (“Provider services”) but Young Innovators is not responsible for the actions or inactions of Providers. Young Innovators does strive to ensure that all Providers meet a certain level of quality and reputation. Thus, should a Provider fall below Young Innovators high standards for quality service based on parent feedback and other quality indicators, Young Innovators may at its sole discretion disqualify certain Providers and third parties from using the Services. However, although Young Innovators does strive to ensure that only quality Providers are available to Parents, Young Innovators simply cannot and will not be responsible for making sure those Providers services are actually provided or are up to a certain standard of quality, or for mediating disputes between Members. Young Innovators is not responsible for ensuring that information (including credentials) a Parent or Provider provides about himself, herself, or itself is accurate or up-to-date. We don’t control the actions of any Parent, Provider, or other Member, and Providers are not our employees or agents. Providers are in no way affiliated with Young Innovators other than to be allowed to use the Services. Providers are not allowed to use our Services if they are disqualified to do so as stated above or if they have not provided the required documentation as stated above and said documentation has been approved by us. IF

 

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.

 

III. Privacy. Young Innovators takes privacy of its Members very seriously. Please see our Privacy Policy! The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible, except as required by law. If you believe that a child under 13 may have provided us personal information, please contact us at info@younginnovatorscnn.com or 407-988-0230 immediately. We do collect information about children under 13 from their parents, guardians, and/or caregivers, but please remember COPPA does not apply to information collected online about children under 13, only information collected from them. IV. How Can I Create a Young Innovators Account? Parents that wish to access certain features of the Services must register to create an account (“YI Account”), select a password and username (“User ID”), provide other basic information, and become a Member. All Parents, and all Members, agree and represent to Young Innovators that the information provided to us is accurate, complete, and updated information about yourself at the time of registration. Any changes in such information after registration must immediately be disclosed to us. We reserve the right to terminate access to any Parent account, suspend any Parent account, delete any Parent account, or terminate access to the Services should we find that you have violated any of the terms herein. You shall not be allowed to create more than one YI Account. You must provide accurate information at the time of registration. Any incomplete, inaccurate, fraudulent, not current, or other information that is in violation of these Terms shall be grounds for termination of a YI Account or denial of issuing the same. We reserve the unilateral right to grant or deny access to any Member for any reason whatsoever. You may not transfer your account to any third party without written authorization from us to do so. At the time of registration and throughout your use of the Services, all Parents represent that you are an individual of legal age to form a binding contract, that you have authority to supply information related to the child(ren) which you seek to find a Provider(s) for, that such information is accurate and that you have the right to share it with us, that the child(ren) that you purport to enroll in Provider services is in fact a real child(ren) who you are legally the guardian, custodian, or parent of, that you are providing accurate and non-fraudulent information to us, that you are using the Services for the purposes for which they are designed and not for any nefarious, illegal, or fraudulent purpose. We may, from time to time, ask you to provide us with a form of current, legitimate, government identification, your date of birth, and other information for the purpose of transparency and to enforce these Terms. By agreeing to these Terms you consent to background checks, identity checks, and any other process which we deem fit to help verify the identity and legitimacy as well as background of any of our Members. We may also screen information provided by you with third party databases or other sources, which you hereby expressly grant us the ability to do and your consent for the same. Despite these precautions, we do not make any representations, warranties, or promises, nor do we confirm or endorse any Members purported identity or background to any other Member or the public. Members shall only use the Services for their own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of our Services is prohibited by law or regulation that applies to you, you may not use our Services. We will not and shall not be responsible for the use of our Services by any Member who breaks any law or regulation that applies to them. All Members agree that they will not share their user account login information, including their password, with anyone. You must protect the security of your account and password and you are solely responsible for any activity associated with your YI Account.

 

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
information.

2. Parents that decide to enroll in a program or class will receive an editable PDF
enrollment form.

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
the Services;
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
Services).
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
party;
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
encryption codes;
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
Services;
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
background information.

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.

 

XV. Provider Content. Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant Young Innovators a license to translate, modify (for technical and substantive purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. If you store a User Submission in your own personal YI Account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Young Innovators the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Young Innovators the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Young Innovators the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Young Innovators users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Young Innovators business for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide, provided that when you delete your YI Account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Young Innovators records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. You understand and agree that Young Innovators, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. Further, you will not use any Content or User Submission in a manner that uses, exposes, or allows to be used or exposed, any Content or User Submission: (i) that is not publicly displayed by

 

Young Innovators in its search results pages or listing pages before an Enrollment is confirmed; (ii) in any way that is inconsistent with these Terms or the Privacy Policy or (iii) in any way that otherwise violates the privacy rights or any other rights of Young Innovators users or any third party.


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.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. The Services may contain links or connections to third party websites or services that are not owned or controlled by Young Innovators. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Young Innovators is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Be mindful when using the Services regarding where you actually are. If you are no longer on our Website or using the Services, it is your responsibility to be aware of this.


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?
Subject to your obligations under these Terms (including without limitation, for all applicable Providers, the payment of applicable Early Termination Fees and/or Subscription Fees for the Service Term), you are free to stop using the Services at any time, by contacting us at Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Young Innovators is also free to terminate (or suspend access to) your use of the Services or your YI Account, for any reason in our discretion, including your breach of these Terms. Young Innovators has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your YI Account, so keep that in mind before you decide to terminate your account. If you have deleted your YI Account by mistake, contact us immediately at info@younginnovatorscnn.com or 407-988-0230 – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration clause.


XIX. SENSITIVE INFORMATION.
As part of our business operations, Young Innovators does collect and/or maintain private or personal information as part of its business activities. As such, Young Innovators does have internal procedures in place to comply with all laws and regulations related to the collection and/or holding of private or personal information, such as the California Consumer Privacy Act, the Family Educational Rights and Privacy Act, the “GLB”, and laws and regulations. To learn more, please read our Privacy Policy.


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.