TERMS OF USE

Last updated: February 21, 2025

These Early Education Adventures Terms of Service (“Terms”) are a binding legal agreement between you and Early Education Adventures LLC (“Early Education Adventures,” “we,” “us,” “our”) that govern the right to use the websites, applications, and other offerings from Early Education Adventures.

We reserve the right to change or modify portions of these Terms and/or any Services at any time. If we believe the changes or modifications are material, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. YOUR CONTINUED ACCESS TO THE SERVICES AFTER THE DATE OF ANY SUCH CHANGES TO THESE TERMS BECOMES EFFECTIVE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES OR THESE TERMS, YOU MUST STOP USING THE SERVICES.

For details of how Early Education Adventures processes and handles data, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

1. Early Education Adventures is an online platform that enables individuals (“User”, “you”, or “your”) to publish, offer, search for, and purchase either directly or via third party marketplace, Classes or other offerings.

2. Access and Use of any Third Party Platform. All interaction with Early Education Adventures through a third party platform shall be bound by the terms of service of the third party platform. Early Education Adventures LLC acts as an organization that creates, publishes, offers and promotes quality classes or other offerings.

3. Intellectual Property Rights

a. Service Content. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws is property of Early Education Adventures LLC, our affiliates and our partners. Except as expressly authorized by Early Education Adventures LLC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content.

b. Early Education Adventures LLC Trademarks. The Early Education Adventures name and logos are trademarks and service marks of Early Education Adventures LLC. Other product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Early Education Adventures. You should not interpret anything in these Terms or the Service to mean that Early Education Adventures is in any way explicitly or implicitly giving you any license or right to use any of Early Education Adventures Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Early Education Adventures Trademarks is only for Early Education Adventures’ exclusive benefit.

c. Third Party Material. Under no circumstances will Early Education Adventures be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Early Education Adventures may, but is not required to, pre-screen content, and Early Education Adventures and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Service. Without limiting the foregoing, Early Education Adventures LLC and its designees will have the right to remove any content that violates these Terms or is deemed by Early Education Adventures to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

d. User Content Transmitted Through the Service. With respect to the content or other materials you upload through the Service or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.

By submitting, posting or otherwise uploading User Content on or through the Services you grant Early Education Adventures a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:

i. with respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. Class listings, public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and

ii. with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Early Education Adventures to provide you with the Services, and/or for legal and compliance purposes.

In addition, you agree not to assert any moral rights or rights of publicity against Early Education Adventures for using Your User Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your User Content contains any personal information.

e. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Early Education Adventures are non-confidential and Early Education Adventures will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

f. You acknowledge and agree that Early Education Adventures may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Early Education Adventures, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (v) transmissions over various networks; and (vi) changes to conform and adapt to technical requirements of connecting networks or devices.

g. Copyright Complaints: Early Education Adventures respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Early Education Adventures of your infringement claim in accordance with the procedure set forth below.

Early Education Adventures will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to kaitlyn@earlyeducationadventures.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Early Education Adventures LLC, PO Box 345, 301 N High St, Hillsboro, OH 45133, USA.

To be processed, the notification must be in writing and contain the following information:

a description and proof of ownership of the copyright or other intellectual property interest, including but not limited to the registration number and certificate, where applicable;

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed including a specific link to the alleged infringed content;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Each notice shall be limited to no more than ten individual claims. If said notice includes more than the max number of claims, Early Education Adventures will only address the first ten in such notice.

4. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Early Education Adventures has no control over such sites and resources and Early Education Adventures is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Early Education Adventures will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. The third parties may require you to accept their own terms of use. Early Education Adventures is not a party to those agreements; they are solely between you and the third party. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Early Education Adventures is not liable for any loss or claim that you may have against any such third party.

5. Indemnity and Release

You agree to release, indemnify and hold Early Education Adventures and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of or connection to the Service, any User Content, and/or your violation of these Terms or your violation of any rights of another. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

6. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARLY EDUCATION ADVENTURES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EARLY EDUCATION ADVENTURES MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY OUTSCHOOL ON TEACHERS ARE SOLELY FOR ITS OWN BENEFIT. EARLY EDUCATION ADVENTURES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE EARLY EDUCATION ADVENTURES PLATFORM OR SERVICE.

There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Early Education Adventures strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Early Education Adventures. Early Education Adventures does not control the behavior of Users or the quality of the Classes. Any legal claim related to a Class you purchase must be brought directly against the Teacher who offered the Class. You release Early Education Adventures from any claims related to Classes offered through the Services.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EARLY EDUCATION ADVENTURES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUTSCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL EARLY EDUCATION ADVENTURES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EARLY EDUCATION ADVENTURES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

8. Termination

a. Effects of Termination. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and you acknowledge and agree that Outschool may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Terminating your account may not affect the availability of some of Your Content that you posted through the Services prior to termination, and you will still have to pay any outstanding fees you owed through the Services. Further, you agree that Early Education Adventures will not be liable to you or any third party for any termination of your access to the Service.

b. Discontinued Services: Early Education Adventures may also in its sole discretion and at any time change, suspend or discontinue any of the Service, or any part thereof, to you, any or all users, at any time, for any reason, including those laid out in these Terms, with or without notice. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

c. Survival: The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

9. User Disputes

You agree that you are solely responsible for your interactions with any other User in connection with the Service and Early Education Adventures will have no liability or responsibility with respect thereto.

Early Education Adventures reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other User of the Service.

10. Communications

Notices to you may be made via either email or regular mail. You consent to receive communications from Early Education Adventures electronically, which may include email, text, in-app push notices, or by posting notices and messages on Early Education Adventures. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By creating an Account and providing a telephone number to Early Education Adventures, you agree that Early Education Adventures may contact you at the number you provide, potentially using any automated technology (including text (SMS) messages or a pre-recorded message). You may opt-out of receiving text (SMS) messages at any time by updating your preferences in your account settings page or the prompts in the SMS/text.

11. Learner Safety

Under applicable federal and state laws, Teachers are required to report to local authorities of any suspected case of child abuse or neglect they become aware of during their work with Early Education Adventures students. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” To assist in Teacher’s compliance with the foregoing laws, Parents acknowledge and agree that Early Education Adventures may provide Teachers the required information regarding the Parent and Learner to fulfill a Teacher’s reporting duties to local authorities. In addition, Early Education Adventures itself may report instances of suspected abuse or neglect as it deems appropriate.

12. General

a. These Terms constitute the entire agreement between you and Early Education Adventures and govern your use of the Service, superseding any prior agreements between you and Early Education Adventures with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

b. These Terms will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Early Education Adventures agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Highland County, Ohio.

c. The failure of Early Education Adventures to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

d. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

e. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

f. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

g. You may not assign these Terms and/or your Account without the prior written consent of Early Education Adventures, but Early Education Adventures may assign or transfer these Terms, in whole or in part, without restriction.

h. The section titles in these Terms are for convenience only and have no legal or contractual effect.