Learning Tapestry Terms of Service

This application (the "App") is owned by Learning Tapestry, Inc., a California corporation ("Learning Tapestry", “we”, “us”, or our"). Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted on the App in connection with such features from time to time. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF SERVICE AND PRIVACY POLICY (ALTOGETHER, THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR APP (THE APP, OUR “SERVICES”). BY ACCESSING OR USING OUR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE OUR SERVICES. THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Accounts

1.1. Account Creation

In order to use certain features of the Services, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the App. Learning Tapestry may suspend or terminate your Account in accordance with Section 6.

1.2. Account Responsibilities.

If you are required to register for an account, you are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Learning Tapestry of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Learning Tapestry cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the App

2.1 License. Subject to these Terms, Learning Tapestry grants you a non-transferable, non-exclusive, revocable, limited license to use and access the App solely for your own personal, noncommercial use.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, whether in whole or in part, or any content displayed on the App; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) you shall not access the App in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms. All copyright and other proprietary notices on the App (or on any content displayed on the App) must be retained on all copies thereof.

2.3 Modification. Learning Tapestry reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Learning Tapestry will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

2.4 No Support or Maintenance. You acknowledge and agree that Learning Tapestry will have no obligation to provide you with any support or maintenance in connection with the Services.

2.5 Ownership. You acknowledge that all content or derivative works therefrom you see using Learning Tapestry Services, unless submitted by you, are owned or licensed by Learning Tapestry or third parties. Your use of the Services does not give you ownership to those content. You agree that the Services contain Learning Tapestry Content specifically provided by Learning Tapestry, its business partners and other Learning Tapestry users and that such Learning Tapestry Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, US and international. The elements of the Learning Tapestry Content (collectively, “Learning Tapestry Content”) include without limitation, the user interface, interactive features, button icons, content, software, code, data, art, graphics, animation, videos, images, text, music, videos, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, navigation, compilation, trade dress and stylistic convention of the Services and other materials you may view or listen to on or access through the Services to the extent there is human authorship. Your use of the Services does not give you ownership of any Learning Tapestry Content. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Learning Tapestry and its business partners reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. Indemnification.

You agree to indemnify and hold Learning Tapestry (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of our Services, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Learning Tapestry reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Learning Tapestry. Learning Tapestry will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4. Disclaimers

THE SERVICES AND ANY CONTENT PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LEARNING TAPESTRY (AND OUR BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH INCLUDE AI CONTENT GENERATORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY. WE (AND OUR BUSINESS PARTNERS AND SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE SERVICES AND ANY CONTENT PROVIDED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES AND OR THE CONTENT PROVIDED THROUGH THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEARNING TAPESTRY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, OR YOUR FAILURE TO COMPLY WITH THESE TERMS, EVEN IF LEARNING TAPESTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT ASSUME RESPONSIBILITY OR LIABILITY FOR LOSS, INJURY OR DAMAGE CAUSED BY THE ACTIONS, PRODUCTS, OR SERVICES OF ANY OF OUR BUSINESS PARTNERS AND SERVICE PROVIDERS (WHICH INCLUDE AI CONTENT GENERATORS), AND WILL NOT BE LIABLE OR RESPONSIBLE FOR THOSE PERFORMANCES, GUARANTEES AND REPRESENTATIONS OFFERED BY OUR BUSINESS PARTNERS AND SERVICE PROVIDERS, FROM ANY CAUSE WHATSOEVER. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF TEN US DOLLARS (U.S. $10). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR BUSINESS PARTNERS AND SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account, if you have one) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. Learning Tapestry will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.

7. Force Majeure.

Learning Tapestry shall not be held liable for any delay, interruption, or failure to perform any of its obligations under these Terms, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.

8. General

8.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you it will notify you by: (a) changing the Last Updated Date at the top of the Terms of Service and/or (b) adding a statement to the App. Continued use of our App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

8.2 Dispute Resolution. Please read this Section carefully. It is part of your contract with Learning Tapestry and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY.

(a) Applicability of Arbitration. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Learning Tapestry that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 8.2. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Section 8.2 applies to you and the Learning Tapestry, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Learning Tapestry should be sent to the address indicated at the end of these Terms. After the Notice is received, you and the Learning Tapestry may attempt to resolve the claim or dispute informally. If you and the Learning Tapestry do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within Alameda County, California, U.S.A. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or the Learning Tapestry pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Learning Tapestry, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Learning Tapestry.

(g) Waiver of Jury Trial--Arbitration. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.

(h) Waiver of Jury Trial—Litigation. In the event any litigation should arise between you and the Learning Tapestry in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Learning Tapestry WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(i) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES ARISING FROM THESE TERMS OF SERVICE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(j) Arbitration Opt-out. You may opt out of Section 8.2 (a) through (g) regarding arbitration. If you do so, neither you nor Learning Tapestry can force the other to arbitrate. To opt out, you must notify Learning Tapestry in writing no later than 30 days after first becoming subject to this Section 8.2. Your notice must include your name, address and email address and an unequivocal statement that you want to opt out of this Section 8.2 (a) through (g) regarding arbitration. You must either mail your opt-out notice to this address: Learning Tapestry, Inc., ATTN: Arbitration Opt-out, 440 N Barranca Avenue,#6452, Covina, California 91723, or email the opt-out notice to support@learningtapestry.com.

(k) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(l) Small Claims Court. Notwithstanding the foregoing, either you or the Learning Tapestry may bring an individual action in small claims court.

(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 8.2.

(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to arbitration.

(o) Courts and Governing Law. In any circumstances where parties litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Alameda County, California, U.S.A. for such purpose. The laws of California, U.S.A. shall apply, without regard to conflict of laws rules.

8.3 Export. The App may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Learning Tapestry, or any products utilizing such data, in violation of the United States export laws or regulations.

8.4 Electronic Communications. The communications between you and Learning Tapestry use electronic means, whether you use the Services or send us emails, or whether Learning Tapestry posts notices on the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Learning Tapestry in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Learning Tapestry provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

8.5 Entire Terms. These Terms sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understanding with respect thereto. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth in these Terms, and no representative of Learning Tapestry or Learning Tapestry’s agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Learning Tapestry’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Learning Tapestry may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

8.6 Copyright/Trademark Information. Copyright © 2024 Learning Tapestry, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

8.7 Contact Information: