Last Updated: May 24, 2022
Welcome to Giant Leaps Learning. Giant Leaps Learning is an online enrichment program for children who are 13 to 18 years old (as modified, the “Giant Leaps Learning”) designed to promote critical thinking skills and social-emotional wellbeing with the goal of developing young leaders (collectively, “Children,” “Students” or “you”). The website at https://giantleapslearning.com (the “Site”) and the various other related services and other features, functions, software, applications and websites (together with Giant Leaps Learning, and the Site, collectively the “Giant Leaps Learning Services”) are provided and operated, and are being made available to you, the other Students, the parents or legal guardians of any Student (“Parents” or “you”) and the other users of any of Giant Leaps Learning Services (collectively, “Users”) by Giant Leaps Learning, LLC. (“Giant Leaps Learning”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Giant Leaps Learning to binding and final arbitration. You will only be permitted to pursue claims against Giant Leaps Learning on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
TO APPLY FOR ADMISSION FOR YOUR CHILD TO PARTICIPATE IN Giant Leaps Learning, TO ACCESS AND USE THE SITE AND THE OTHER Giant Leaps Learning SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE. BY CLICKING “I AGREE,” ACKNOWLEDGING YOUR AGREEMENT, AGREEING VERBALLY OR APPLYING FOR ADMISSION FOR YOUR CHILD TO Giant Leaps Learning, OR ACCESSING AND USING ANY OF THE OTHER Giant Leaps Learning SERVICES, YOU REPRESENT THAT:
- YOU ARE THE PARENT OF THE CHILD FOR WHOM YOU ARE APPLYING FOR ADMISSION TO PARTICIPATE IN Giant Leaps Learning
- NEITHER YOU NOR YOUR CHILD HAS BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM Giant Leaps Learning, OR ANY OF THE OTHER Giant Leaps Learning SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Giant Leaps Learning;
- YOU AND YOUR CHILD WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT A COMPETITOR OF GIANT LEAPS LEARNING AND DO NOT INTEND TO USE Giant Leaps Learning, OR ANY OF THE OTHER Giant Leaps Learning SERVICES FOR REASONS THAT ARE IN COMPETITION WITH GIANT LEAPS LEARNING OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER Giant Leaps Learning SERVICES FOR ANY REASON.
- The Giant Leaps Learning
3.1 Participation in Giant Leaps Learning.
(a) For a Student to participate in Giant Leaps Learning, the Student’s Parent must apply by submitting the Student’s first and last name, his or her date of birth and any other information requested at the time. We will send an email notifying the Parent of a Student’s acceptance in, or rejection from, Giant Leaps Learning
(b) If a Student is accepted to participate in Giant Leaps Learning, the applicable subscription fees must be paid in order for your Child to participate in, and attend sessions at, Giant Leaps Learning (as described below in Section 4).
(c) In applying for your Child to participate, and to participate, in Giant Leaps Learning, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration process (“Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Giant Leaps Learning has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Giant Leaps Learning has the right to prohibit you (or your Child) from participating in Giant Leaps Learning. You agree not to register using a false identity or information, or on behalf of someone other than your Child. You agree not to access any of Giant Leaps Learning Services if you have been previously removed by Giant Leaps Learning or if you have (or your Child has) been previously banned from participation in Giant Leaps Learning or you have been previously banned from accessing and using any of Giant Leaps Learning Services.
3.2 Giant Leaps Learning Standards.
When a Student participates in Giant Leaps Learning, both the Parent and the Student agree that they will not behave in any way to provoke, bully, demean, or cause harm to others, or to create conflict, with any other Parent, Student or User (collectively, the “Prohibited Behavior”). If you feel that any Parent, Student or User, including any teacher, has engaged in any Prohibited Behavior, please promptly contact us at email@example.com. Please provide all relevant information, including your full name, the related Parent, Student or User and the details of the possible engagement of Prohibited Behaviors. To the extent reasonably practicable, we will not disclose your name or the name of your Child.
- Fees, Payments and Refunds
(a) To be able to participate in Giant Leaps Learning, the monthly subscription fees associated with each class that has been selected for a Student to attend must be paid (as modified from time to time, the “Subscription Fees”). The current Subscription Fees can be found at https://giantleapslearning.com.
(b) Subject to Section 4.4, you may cancel your Child’s participation in Giant Leaps Learning at any time by sending us notice at firstname.lastname@example.org. Upon receipt of your notice of cancellation, we will not charge your credit or debit card any future Subscription Fees.
(c) Each subscription includes 1 student and 2 parent StrengthsFinder assessments. If assessments are required for additional family members these will be billed separately at a cost of $30.00 per assessment.
4.2 Payment and Taxes.
Unless otherwise agreed by Giant Leaps Learning, the monthly Subscription Fees shall be paid prior to the beginning of each subscription period in accordance with Section 4.2(b). You authorize Giant Leaps Learning to automatically charge your credit or debit card through the Payment Processor for any such Subscription Fee.
(b) Payment Processing.
The Subscription Fees and other payments made in connection with Giant Leaps Learning and the other Giant Leaps Learning Services shall be made through a third-party payment processor directed by Giant Leaps Learning (e.g., PayPal, Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services for Giant Leaps Learning Platform are currently provided by Stripe and are subject to Stripe’s terms of service (as modified from time to time, the “Stripe Terms”). By agreeing to these Terms or continuing to access or use Giant Leaps Learning Platform or any of the other Giant Leaps Learning Services, you agree to be bound by the Stripe Terms. As a condition of Giant Leaps Learning’s enabling payment processing services through a Payment Processor, you agree to provide the Payment Processor accurate and complete information about you, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Giant Leaps Learning to share any relevant transaction information to the Payment Processor.
(c) Right to Suspend. If you fail to pay any Subscription Fees when due, Giant Leaps Learning may, upon prior written notice to you, suspend your Child’s ability to participate in Giant Leaps Learning.
(d) Future Services. In paying the Subscription Fee, you acknowledge and agree that you are not relying on future availability of Giant Leaps Learning beyond the subscription period for which the Subscription Fee that you paid applies.
4.3 Changes in Fees and Payment Methods.
Giant Leaps Learning reserves the right at any time to change the Subscription Fees (including to begin charging for services that it is currently providing free of charge or for new features) and billing methods, either immediately upon posting on the Site or any of the other Giant Leaps Learning Services or by notifying you by email.
THE SUBSCRIPTION FEES ARE REFUNDABLE UP TO AND PRIOR TO THE START OF A STUDENT’S SECOND (2nd) SESSION FOR ANY REASON. AFTER THAT, ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY GIANT LEAPS LEARNING IN ITS SOLE DISCRETION.
There will be no refunds on completed StrengthsFinder assessments or on any welcome materials sent to student prior to program cancellation. All refunds on program and / or subscription fees will be less the cost of the StrengthsFinder assessments and welcome materials.
- Right to Access and Use; Unauthorized Use.
5.1 Right to Access and Use
Subject to your compliance with all the terms and conditions set out in these Terms, Giant Leaps Learning hereby grants (a) to your Child the right to participate in Giant Leaps Learning and (b) to you the right to access and use the Site and the other Giant Leaps Learning Services, to the extent of, and in accordance with, these Terms.
5.2 Prevention of Unauthorized Use
Giant Leaps Learning reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or participation Giant Leaps Learning, or the circumvention of the other Giant Leaps Learning Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
- Additional Policies.
When applying for or participating in Giant Leaps Learning or requesting, accessing or using any of the other Giant Leaps Learning Services, you may be subject to any additional posted policies, guidelines or rules applicable to Giant Leaps Learning, the Site and the other Giant Leaps Learning Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
- Respecting other People’s Rights.
Giant Leaps Learning respects the rights of others and so should you and your Child. You and your Child therefore shall treat all other Students with respect and shall not stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any other Student or User.
- Modification of these Terms.
Giant Leaps Learning reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, or any of the other Giant Leaps Learning Services. If Giant Leaps Learning updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of Giant Leaps Learning, or any of the other Giant Leaps Learning Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Giant Leaps Learning will use commercially reasonable efforts to notify you of such change. Giant Leaps Learning may provide notice through a pop-up or banner within Giant Leaps Learning Services, by sending an email to any address that we may have for you, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Giant Leaps Learning may require you to provide consent by accepting the changed Terms. If Giant Leaps Learning requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Giant Leaps Learning, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of Giant Leaps Learning Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR PARTICIPATION IN Giant Leaps Learning AND USE OF ALL OF THE OTHER Giant Leaps Learning SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
- Digital Millennium Copyright Act.
It is Giant Leaps Learning’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). Giant Leaps Learning reserves the right to terminate without notice any Student’s participation in Giant Leaps Learning and any User’s access to the Site and the other Giant Leaps Learning Services if that Student or User is determined by Giant Leaps Learning to be a “repeat infringer.” In addition, Giant Leaps Learning accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
10. Prohibited Conduct.
BY PARTICIPATING IN Giant Leaps Learning, OR ACCESSING OR USING ANY OF THE OTHER Giant Leaps Learning SERVICES YOU, AGREE NOT TO:
10.1 Access or use Giant Leaps Learning or any of the other Giant Leaps Learning Services for the benefit of anyone other than yourself (and your Child) except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, Giant Leaps Learning, or using Giant Leaps Learning as part of a service bureau or outsourcing offering;
10.2 Provide any services, directly or indirectly, that are similar to, or based on, Giant Leaps Learning or any of the other Giant Leaps Learning Services;
10.3 Copy, disclose, or distribute any data or other information available through Giant Leaps Learning, the Site or any of the other Giant Leaps Learning Services, including any information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”
10.4 Interfere with, circumvent or disable any security or other technological features or measures of Giant Leaps Learning or attempt to gain unauthorized access to Giant Leaps Learning;
10.5 Use bots or other automated methods to: access Giant Leaps Learning, download any information, send or redirect messages or perform any other activities through Giant Leaps Learning or any of the other Giant Leaps Learning Services;
10.6 Take any action that Giant Leaps Learning determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
10.7 Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Giant Leaps Learning Services;
10.8 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
10.9 Participate in Giant Leaps Learning, or use any of the other Giant Leaps Learning Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or
10.10 Use any of Giant Leaps Learning Services for any commercial solicitation purposes.
- Third-Party Sites.
The Site and/or any of the other Giant Leaps Learning Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to our Users. These sites or services may include links to the information about education and other sites or services that we think may be of interest to our Users. Giant Leaps Learning does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of Giant Leaps Learning Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
- Mobile and Data Services.
You are responsible for any mobile and data charges that you may incur in connection with participation in Giant Leaps Learning and use of any of the other Giant Leaps Learning Services. If you’re unsure what those charges may be, you should ask your service provider before participating in Giant Leaps Learning or using any of the other Giant Leaps Learning Services.
13.1 Giant Leaps Learning.
You agree that Giant Leaps Learning in its sole discretion, for any or no reason, and without penalty, may terminate you (or your Child’s) participation in Giant Leaps Learning or your access and use of any of the other Giant Leaps Learning Services and remove and discard all or any part of your information, at any time. Giant Leaps Learning may also in its sole discretion and at any time discontinue providing access to Giant Leaps Learning or any of the other Giant Leaps Learning Services, or any part thereof, with or without notice. You agree that any termination of your (or your Child’s) ability to participate in Giant Leaps Learning, or access or use any of the other Giant Leaps Learning Services may be effected without prior notice, and you agree that Giant Leaps Learning will not be liable to you or any third party for any such termination. Giant Leaps Learning reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Giant Leaps Learning to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Giant Leaps Learning may have at law or in equity. As provided herein, Giant Leaps Learning does not permit copyright infringing activities on the Site or any of the other Services, and Giant Leaps Learning shall be permitted to terminate participation in Giant Leaps Learning or access to any of the other Giant Leaps Learning Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD GIANT LEAPS LEARNING HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GIANT LEAPS LEARNING DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GIANT LEAPS LEARNING OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) Giant Leaps Learning, the Site or any of the other Giant Leaps Learning Services, (ii) any term of these Terms or (iii) any policy or practice of Giant Leaps Learning in operating Giant Leaps Learning, the Site or the other Giant Leaps Learning Services, is to terminate your participation in Giant Leaps Learning and the use of the other Giant Leaps Learning Services. You may terminate your use of any of Giant Leaps Learning Services at any time.
- Ownership; Proprietary Rights.
The Giant Leaps Learning, the Site and the other Giant Leaps Learning Services are owned and operated by Giant Leaps Learning. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of Giant Leaps Learning Services provided by Giant Leaps Learning (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of Giant Leaps Learning Services are the property of Giant Leaps Learning or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to Giant Leaps Learning or its affiliates and/or third-party licensors. Except as expressly authorized by Giant Leaps Learning, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Giant Leaps Learning reserves all rights not expressly granted in these Terms.
You hereby grant to Giant Leaps Learning a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to Giant Leaps Learning, the Site and/or the other Giant Leaps Learning Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation.
You agree to indemnify, defend, and hold Giant Leaps Learning its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your (or your Child’s) participation in Giant Leaps Learning, your use or misuse of the Site or any of the other Giant Leaps Learning Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Giant Leaps Learning reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Giant Leaps Learning and you agree to cooperate with Giant Leaps Learning’ defense of these claims. Giant Leaps Learning will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. No Warranties; Disclaimers.
16.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIANT LEAPS LEARNING AND ITS TEACHERS, AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “Giant Leaps Learning PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO Giant Leaps Learning, THE SITE AND THE OTHER Giant Leaps Learning SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GIANT LEAPS LEARNING PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT Giant Leaps Learning, THE SITE OR THE OTHER Giant Leaps Learning SERVICES, WILL MEET YOUR (OR YOUR CHILD’S) REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Giant Leaps Learning PARTIES OR THROUGH Giant Leaps Learning, THE SITE OR THE OTHER Giant Leaps Learning SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16.2 “As Is” and “As Available” and “With all Faults.”
YOU EXPRESSLY AGREE THAT Giant Leaps Learning, THE SITE AND ANY OF THE OTHER Giant Leaps Learning SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF Giant Leaps Learning SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
16.3 PLATFORM OPERATION AND CONTENT.
Giant Leaps Learning PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH Giant Leaps Learning, THE SITE OR ANY OF THE OTHER Giant Leaps Learning SERVICES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY GIANT LEAPS LEARNING, Giant Leaps Learning PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE PARTICIPATION IN Giant Leaps Learning OR THE USE OF ANY OF Giant Leaps Learning SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
16.5 Harm to your Mobile Devices.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH GIANT LEAPS LEARNING, THE SITE OR ANY OF THE OTHER GIANT LEAPS LEARNING SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
- Limitation of Liability and Damages.
17.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL GIANT LEAPS LEARNING PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR (OR YOUR CHILD’S) PARTICIPATION OR INABILITY TO PARTICIPATE IN GIANT LEAPS LEARNING, YOUR USE THE SITE OR ANY OF THE OTHER GIANT LEAPS LEARNING SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH GIANT LEAPS LEARNING, ANY STUDENT, PARENT OR ANY OTHER USER, EVEN IF GIANT LEAPS LEARNING OR A GIANT LEAPS LEARNING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GIANT LEAPS LEARNING’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17.2 Limitation of Damages.
IN NO EVENT WILL Giant Leaps Learning PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR (OR YOUR CHILD’S) PARTICIPATION IN Giant Leaps Learning, ACCESS AND USE OF THE SITE OR ANY OF THE OTHER Giant Leaps Learning SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH GIANT LEAPS LEARNING, ANY TEACHER, STUDENT, PARENT OR OTHER USER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $100 AND (B) AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
17.3 Release for Disputes between Users.
If you have a dispute with any Parent, Student or other Users or other third parties, you hereby release Giant Leaps Learning and the other Giant Leaps Learning Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you 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.”
17.4 Third-party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GIANT LEAPS LEARNING AND RECEIVED THROUGH OR ADVERTISED ON ANY OF Giant Leaps Learning SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
17.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT GIANT LEAPS LEARNING HAS OFFERED Giant Leaps Learning AND THE OTHER Giant Leaps Learning SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GIANT LEAPS LEARNING, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GIANT LEAPS LEARNING. GIANT LEAPS LEARNING WOULD NOT BE ABLE TO AUTHORIZE PARTICIPATION IN Giant Leaps Learning OR ACCESS AND USE OF ANY OF THE OTHER Giant Leaps Learning SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17.6 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
18. United States Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of Giant Leaps Learning or any of the other Giant Leaps Learning Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
Giant Leaps Learning may provide you with notices, including those regarding changes to these Terms, by email or postings on any of Giant Leaps Learning Services. Notice will be deemed given twenty-four hours after the email is sent, unless Giant Leaps Learning is notified that the email address is invalid. Notices posted on any of Giant Leaps Learning Services are deemed given 30 days following the initial posting.
The failure of Giant Leaps Learning to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Giant Leaps Learning.
19.3 Dispute Resolution.
If a dispute arises between you and Giant Leaps Learning, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Giant Leaps Learning agree that any dispute, claim or controversy at law or equity that arises out of these Terms, Giant Leaps Learning, the Site or any of the other Giant Leaps Learning Services (a “Dispute”) will be resolved in accordance with this Section 19.3 or as Giant Leaps Learning and you otherwise agree in writing. Before resorting to these dispute methods, Giant Leaps Learning strongly encourages you to first contact Giant Leaps Learning directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF Giant Leaps Learning SERVICES.
(b) Arbitration and Class Action Waiver. PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND GIANT LEAPS LEARNING (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF Giant Leaps Learning SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU AND GIANT LEAPS LEARNING HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE LOS ANGELES COUNTY, CA. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND GIANT LEAPS LEARNING WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor Giant Leaps Learning will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST GIANT LEAPS LEARNING INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another Parent, Student or other User or third party, if Giant Leaps Learning is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 19.3(b) is found not to apply to you or your claim, you and Giant Leaps Learning agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Los Angeles County, CA. Both you and Giant Leaps Learning irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Giant Leaps Learning may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your (or your Child’s) participation in Giant Leaps Learning or use any of the other Giant Leaps Learning Services or your relationship with Giant Leaps Learning.
(c) 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 19.3 above by sending written notice of your decision to opt-out to email@example.com. The notice must be sent to Giant Leaps Learning within thirty (30) days of your use of any of Giant Leaps Learning Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(d) Improperly Filed Claims. All claims you bring against Giant Leaps Learning must be resolved in accordance with this Section 19.3. All claims filed or brought contrary to this Section 19.3 shall be considered improperly filed. Should you file a claim contrary to this Section 19.3, Giant Leaps Learning may recover attorneys’ fees and costs up to $15,000, provided that Giant Leaps Learning has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
19.5 Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Giant Leaps Learning. Nothing in these Terms shall create any obligation between either party and a third party.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Giant Leaps Learning without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your (or your Child’s) participation in Giant Leaps Learning, your use of the Site or any of the other Giant Leaps Learning Services or your relationship with Giant Leaps Learning any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4 and 9 – 19.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
19.9 Entire Agreement.
19.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
19.11 Geographic Restrictions.
Giant Leaps Learning is based in the state of California in the United States. Giant Leaps Learning makes no claims that participating in Giant Leaps Learning or that accessing or using or that any of the other Giant Leaps Learning Services or any of the content is accessible or appropriate outside of the United States. Participating in Giant Leaps Learning or accessing or using the Site or any of the other Giant Leaps Learning Services may not be legal by certain persons or in certain countries. If you access any of these Giant Leaps Learning Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Giant Leaps Learning with respect thereto.
19.12. Electronic Communications.
The communications between you and Giant Leaps Learning use electronic means, whether you visit the Site or the other Giant Leaps Learning Services or send Giant Leaps Learning e-mails, or whether Giant Leaps Learning posts notices on the Site or the other Giant Leaps Learning Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Giant Leaps Learning in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Giant Leaps Learning provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Giant Leaps Learning, the Site and the other Giant Leaps Learning Services are offered by Giant Leaps Learning, LLC., located at: 2801 B St. Unit #2090 San Diego, CA 92102 and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to Giant Leaps Learning, LLC., 2801 B St. Unit #2090 San Diego, CA 92102 with your email address and a request for this information. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21.1 Absences and Cancellations
Regular attendance is crucial to ensure that the student can master course content with minimal disruptions. Absences may affect the intended outcomes of the program. Once sessions begin, you will be charged for the scheduled session if you fail to provide 24-hour notice.
21.2 Illness and Vacation Policy
Once sessions begin, you will be charged for the scheduled session if you fail to provide 24-hour notice. Otherwise, absences for any reason will count towards the contracted number of sessions. If your child is ill, it is important that you call Giant Leaps Learning as soon as possible to alert his/her coach of your student’s absence. Students may not cancel a session for any reason. Any missed session counts towards your contracted number of sessions. There are no exceptions.
21.3 Extended Absence Policy
On occasion, students must leave for extended absences (ie: any absence longer than two weeks) with little or no warning. If this occurs, call Giant Leaps as soon as possible to alert the administration of the expected length of your student’s absence. Your student will be removed from the schedule immediately, but you will only be financially liable for two weeks of sessions starting from the date of notification. Any remaining funds for contracted classes will remain on the student’s account until the earlier of the student returning to Giant Leaps or 6 months from the first absence. Please note: removing a student from the schedule for any reason, may result in a new schedule upon return; time slots and coaches are not guaranteed.
Students may choose to retain their schedule during an extended absence by having missed sessions count toward the contracted amount of sessions.
22 Media Release
Some phases of the Giant Leaps Learning program will be photographed, videotaped, and/or filmed for news, brochures, television, presentations, etc. You authorize and consent to Giant Leaps Learning to copyright and/or publish any and all photographs, videotapes, and any other form of visual/audio communications in which your child appears. You allow Giant Leaps Learning to use such items for any promotional materials, websites, social media sites, and for art and advertising purposes without limitations or reservations.
Your child’s last name will NEVER appear on or in any recordings, photographs or documents that are disseminated outside of Giant Leaps Learning without your express permission.
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