Application of Terms

These Terms of Service (these “Terms”) apply to the website accessible at https://waldorflearningsupport.org/ and any related web or mobile applications accessible on any internet-connected device, including but not limited to any and all current and successor landing pages, web pages, subdomains, dashboards, platforms, technology, features, functionality, and components and aspects of any and all thereof or maintained by Waldorf Learning Support, LLC, an Illinois limited liability company, and/or any of its Affiliates (“WLS” or “Us,”) (collectively, the “Site”) and to all services, trainings, classes, coursework, products, content, and information available on, through or per registration via the Site or otherwise provided by or on behalf of WLS (collectively, the “Services”). “You” are the user of the Site or participant in or user of the Services. These Terms govern your Services, use of the Site, and relationship with WLS.

You and WLS are each a “Party” and together are the “Parties” to these Terms. The term “Representatives” as used in these Terms means each and all past, present, and future owners, officers, shareholders, directors, trustees, members, managers, agents, representatives, employees, contractors, parent entities, affiliated entities, subsidiaries, successors and assigns of WLS. The term “Affiliates” as used herein means any party directly or indirectly through any intermediary controlling, controlled by, or under common control with WLS.

Privacy

Please see our Privacy Policy, which applies to this Site and your Services.

Eligibility

You acknowledge and agree that You are at least eighteen (18) years old and have the authority and capacity to agree to these Terms. You warrant and agree that agreeing to these Terms and using the Site or participating in or using the Services will not violate any other agreement to which You are a party or restriction by which You are bound or create any conflict of interest.

Updates and Amendments

WLS reserves the right to update or amend these Terms from time to time in its discretion. The version of these Terms in effect when you register for particular Services will apply to those particular Services. The most recent version of these Terms is available for review directly on the Site. You may also request a copy of the most recent version of these Terms by emailing info@waldorflearningsupport.org.

Additional Terms

Any additional terms and conditions appearing on the Site which are applicable to your Services registration, fees, and/or cancellations (collectively, “Additional Terms”) are hereby made part of and subject to these Terms, provided that in the event of any conflict between these Terms and any Additional Terms, any specifically conflicting provision of the Additional Terms shall supersede the applicable provision of these Terms.

WLS Proprietary Property

As between You and WLS, the Site, Services, all software, hardware, electronic, telecommunications, or other technology, platforms, means, mediums, content, documentation, information, and materials used to transmit and/or deliver or provide the same (excluding your hardware used to connect to the same), and all trade names, trademarks and service marks; dashboards; manner of presenting, teaching, training, or organizing data; teaching, training, and program methods, formats, materials, and content; graphics, images, and other original authored content; trade dress; “look and feel”; designs, information, content, ideas, innovations, methods, models, algorithms, formulae, programs, devices, forms, templates, components, procedures, processes, protocols, and other trade secrets and intellectual property used in developing or expressing, or otherwise incorporated into, the same, and all future modifications, revisions, adjustments, updates, betterments, developments, refinements, improvements, enhancements, copies, combinations, compilations, and derivative works thereof or related thereto, constitute the sole and exclusive property of WLS, with all rights, title, and interest therein and thereto, whether or not registered in any jurisdiction in the world (collectively, “WLS Proprietary Property”) (provided that certain content may be licensed by third parties).

Participation

While online Services allow distance participation, You understand and agree that certain practices help to facilitate an experience that is as close as possible under the circumstances to that which is achievable in-person. As such, if You are participating in Services online, You agree that, whenever technically possible, You will participate in your Services with your camera ON.

YOU UNDERSTAND AND AGREE THAT ANY ATTEMPT TO RE-CREATE, REPRODUCE, COPY, OR CREATE DERIVATIVES OF ANY WLS PROPRIETARY PROPERTY, INCLUDING CREATING A VIDEO OF YOURSELF PERFORMING ANY PROGRAM EXERCISES OR OTHER PROGRAM CONTENT OR EXPERIENCES, CONSTITUTES INFRINGEMENT AND A VIOLATION OF WLS’S COPYRIGHTS AND OTHER RIGHTS AND IS STRICTLY PROHIBITED.

YOU UNDERSTAND AND AGREE THAT PARTICIPATING IN SERVICES DOES NOT CERTIFY OR LICENSE YOU TO TEACH OR TRAIN OTHERS WITH REGARD TO THE SERVICES OR ANY WLS PROPRIETARY PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT, AND HAVE NO RIGHTS OR CONSENT TO, RECORD OR TAKE ANY PHOTOGRAPHS, VIDEOS, SCREEN SHOTS OR OTHERWISE OF ANY SERVICES WHATSOEVER.

Releases, Liability Limitations and Indemnification

If You are a trainee or other program participant (including but not limited to a mentor, parent, caregiver, teacher-trainee, or otherwise) You understand and agree that your Services may include emotional, mental, physical and kinesthetic movements, exercises, and experiences. You understand and agree that You assume full and sole responsibility, risk, and liability for your own health, safety, and well-being before, during, and after participating in Services and that You will take responsible care of yourself throughout your Services. You understand and agree that neither WLS nor any of its Representatives provides or is expected to provide any spiritual guidance, professional counseling, medical or health diagnoses, treatment or care (whether mental, emotional, or physical), or any other professional advice of any kind. Except in the event of WLS’s negligence or willful misconduct, You agree that You voluntarily assume any and all risks associated with your Services, including but not limited to, however unlikely or likely, any and all known and unknown risks, including but not limited to death, bodily injury, and risks You may not be able to foresee at the time of agreeing to these Terms. If you are a California resident, You hereby waive California Civil Code §1542, as may be amended (or if You are a resident of any state or other jurisdiction with a code or law similar thereto, You hereby waive the section, as may be amended, of such code or law which is similar in reading or meaning to California Civil Code §1542, as may be amended), which reads, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

If You are ill or have been exposed to illness which may be transmitted by You to others, You agree that You will not participate in Services in-person. If you are participating in in-person Services during an epidemic, pandemic, or other circumstance requiring your reasonable vigilance and responsibility in helping to keep yourself and others around you safe, You agree that You will take reasonable precautions recommended by your local health professionals and government under the circumstances. At the same time, You acknowledge and agree that WLS cannot guarantee your health or safety, is not expected to do so, and is not liable therefor.

You acknowledge and agree that WLS is not responsible or liable for any third party or its goods, services, products, actions, or omissions, including but not limited to any online video platform or other online services provider, the internet, the quality of your connectivity to the internet, or the status or compatibility of your internet-connected device with or with respect to the Services or any third-party services or service provider facilitating distribution or provision of the Services to You.

WHILE WLS WILL CONTINUE TO USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE INTEGRITY AND FUNCTIONING OF THE SITE AND SERVICES, YOU UNDERSTAND AND AGREE THAT THE INTERNET, WORLD WIDE WEB, AND RELATED TECHNOLOGY INHERENTLY INVOLVE A CERTAIN DEGREE OF RISK AND LACK OF RELIABILITY. YOU AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND AND WLS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE OR SERVICES, WHETHER STATUTORY, EXPRESS, IMPLIED, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM OR USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WLS DOES NOT REPRESENT OR WARRANT, AND MAKES NO PROMISE, REPRESENTATION, OR GUARANTEE, THAT THE SITE OR SERVICES WILL MEET ANY EXPECTATIONS OR SPECIFICATIONS, ARE OR WILL BE SUITABLE FOR ANY INTENDED PURPOSES, UNINTERRUPTED OR ERROR-FREE, VIRUS-FREE, FREE FROM INTERFERENCE, OR THAT DEFECTS WILL BE CORRECTED.

EXCEPT IN THE EVENT OF WLS’S NEGLIGENCE OR WILLFUL MISCONDUCT, YOU HEREBY SPECIFICALLY AND FOREVER RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, DEFEND, INDEMNIFY, AND HOLD HARMLESS WLS AND ITS REPRESENTATIVES FOR, FROM, AND/OR AGAINST ANY AND/OR ALL ALLEGATIONS, CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, ARBITRATIONS, MEDIATIONS, INVESTIGATIONS, THREATS OF ANY OF THE FOREGOING, FEES, COSTS, LOSSES, DAMAGES, INJURIES, OBLIGATIONS, EXPENSES, AND/OR LIABILITIES OF ANY KIND OR NATURE, INCLUDING REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL COSTS, INCLUDING DEFENSE, ENFORCEMENT, COURT, JUDGMENT, SERVICE OF PROCESS, SHERIFF’S, AND/OR OTHER COSTS (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR RESULTING FROM OR IN CONNECTION TO THE SITE OR SERVICES.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT TO THE EXTENT OF WLS’S NEGLIGENCE OR WILLFUL MISCONDUCT, WLS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORY, INCLUDING TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY), CONTRACT, OR OTHERWISE, FOR ANY LOST PROFITS, LOST REVENUE, LOS OF BUSINESS OPPORTUNITY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES UNDER OR IN CONNECTION WITH THESE TERMS OR THE SITE OR SERVICES, EVEN IF WLS OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WLS’S AGGREGATE, CUMULATIVE LIABILITY HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY YOU TO WLS IN CONNECTION WITH YOUR SERVICES GIVING RISE TO THE APPLICABLE CLAIM. YOU HEREBY AGREE THAT EVEN IF ANY LIMITATION IN THIS SECTION OR THESE TERMS FAILS ITS ESSENTIAL PURPOSE, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Recordings

You understand and agree that in connection with Services, WLS may, and You hereby release and permit WLS to, take, create, store, use, share, destroy or otherwise dispose of photographs, and/or video, audio, and/or other recordings, whether still or moving, which may include your image, likeness, voice and/or the image, likeness, or sound of your personal property (collectively, “Recordings”). You hereby release and agree that WLS may use any such Recordings for its own business purposes, including, if applicable, allowing participants to review or replay applicable Recordings for their own, personal, private use. PLEASE NOTE THAT THE FOREGOING SENTENCE IS NOT A PROMISE OR GUARANTEE THAT ANY SERVICES OR RECORDINGS WILL BE AVAILABLE FOR REPLAY. You understand and agree that You will not have rights or any claim in or with respect to any Recordings or to any royalties, proceeds, or other consideration or accounting with respect thereto.

Relationship of Parties

No principal-agent, fiduciary, partnership, joint venture, employer-employee or representative relationship exists or has been created as a result of these Terms or any Services or use of the Site.

Prohibited Activity

You will not directly or indirectly use or attempt to use the Site, Services, or any device, software, hardware, tool, interface, equipment, routine, process, or other service or technology, or allow any party, directly or indirectly, to:

• license, sub-license, sell, rent, lease, transfer, assign, distribute, share, display, publish, transmit, post, record, disclose, reproduce, copy, create derivatives of, host, outsource, or otherwise infringe or commercially exploit any WLS Proprietary Property or any aspect of any thereof (collectively, the “Protected Material”);
• derive source code, underlying ideas, algorithms, or trade secrets in connection with, reverse engineer, reverse compile, decompile, decipher, or disassemble any Protected Material, except to the limited extent any applicable U.S. law or applicable rights and agreements thereunder specifically prohibit or limit such restriction;
• remove any copyright, trademark, service mark, license, limitation of use, or other legal notice from any Protected Material;
• damage, disable, overburden, impair, injure, destroy, steal, misappropriate, invade, scrape, mine, infringe, abuse, harm, corrupt, modify, interfere with, disrupt, limit, prevent, circumvent, restrict, or otherwise violate A) any Protected Material or the proper functioning of any thereof, B) any software, hardware, or electronic, telecommunications, or other technology of or related to any Protected Material or the proper functioning of any thereof, or C) WLS’s or any other party’s property, privacy, rights, confidential information, or use or enjoyment of or associated with any Protected Material;
• hack, password mine, harvest, collect, or gain access to any unauthorized services, servers, accounts, systems, networks, databases, content, information, materials, software, hardware, or electronic, telecommunications, or other equipment or technology on or in connection with any Protected Material;
• impersonate any person or entity, including WLS or any of its Representatives; or
• write, contribute, publish, post, upload, download, distribute, transfer, disseminate, inject, infect or introduce any actually or potentially harmful or interfering information or material into or onto any Protected Material; or
• generally interact with any Protected Material in any manner or for any purpose that is actually or potentially harmful, false, inappropriate, unauthorized, unlawful, or interfering, including any threat to the performance of any Protected Material, WLS, its reputation, integrity, business, or access and control of Protected Material or any aspect or component thereof.

Monitoring of Proper Uses

You understand and agree that WLS has no obligation to monitor or police the Site or Services but that WLS may monitor or police the same by manual, automated, or other means to ensure proper use, and that in the event WLS reasonably determines it is necessary to do so to protect users or any Protected Material from actual, threatened or suspected unauthorized use or breach of these Terms, WLS may, in its reasonable discretion, restrict, limit, reject, refuse, revoke, remove, or freeze any registration or account or any party’s access to or use of any Protected Material.

Account Responsibility

You agree that You are responsible for maintaining the confidentiality and security of any login information allowing access to your account or the Site or Services. You understand and agree that WLS may, in its sole discretion, reject, or require that You change, any user name or password for any reason. You accept full and sole responsibility for any and all activity occurring through your user access information. You will not share, assign, or otherwise transfer your account or Services to any other party for any purpose whatsoever without the prior written consent of WLS.

Electronic Communications and Written Evidences

You understand and agree that accessing the Site constitutes electronic communication and establishes an electronic relationship between You and WLS for communication purposes. You consent to receive electronic communications from WLS and agree that any and all terms, conditions, agreements, notices, alerts, disclosures, updates, invoicing and other communications required or allowed to be provided to You in connection with your account or Services may be provided electronically through the Site, through email, or through such other form or means of electronic communication which may be or become used and accepted as a form of electronic communication by WLS, and that such communications constitute communications in writing and satisfy any and all legal requirements regarding communications in writing. Electronic notices delivered hereunder are deemed given at the time of delivery. You are responsible for ensuring your email and postal addresses provided to WLS are current. Electronic notices delivered by You require proof of delivery. Notices delivered by postage-paid, certified, postal mail are deemed given three (3) days after the date of mailing within domestic U.S. mail or ten (10) days after the date of mailing for international mail.

Public Bulletin Boards or Communication Services

The Site may feature one or more bulletin or message boards, chat areas, news groups, forums, communities, profiles, personal pages, calendars, or other pages, platforms, or facilities designed to allow You to communicate with other users, groups or the public at large (collectively, “Public Communication Services”). WLS does not control or endorse, has no obligation to review, police or monitor, and is not liable for, any content, materials, information, or communications (collectively, “Communications”) appearing on Public Communication Services. Notwithstanding, WLS reserves the right at any time in its discretion to review, police, monitor, remove, edit, or refuse to post, display, or publish any Communications in whole or in part for any reason or no reason, including complying with or satisfying any applicable law, regulation, legal process, or government request.

Force Majeure

WLS will not be liable or responsible for any delay, failure to perform, or otherwise resulting from or in connection with events, circumstances, or forces beyond its reasonable control.

United States Service

The Site and the Services are operated within the United States, and any information contributed by You will be connected and transferred to, and used within, the United States. By accessing the Site or Services, You consent to this use and transfer. If You are using the Site or Services from outside the United States, additional laws may apply. Please ensure your use of the Site or Services is appropriate for You and in your jurisdiction. If You access the Site or Services from outside the United States, You do so at your sole initiative and risk and are solely responsible for compliance with any and all applicable laws and consequences of your access and use. You may not use the Site or Services in any jurisdiction in which such use would be illegal or unlawful.

Entire Agreement

These Terms constitute the entire agreement and understanding between the Parties with respect to your Services and use of the Site and supersede any and all written and oral prior and contemporaneous agreements, understandings, offers, negotiations, and communications between the Parties with respect thereto.

Governing Law

These Terms, and any amendments hereto, are governed exclusively by these Terms, to the maximum extent allowed by applicable law, and construed and enforced in accordance with the domestic, substantive laws of the State of Illinois, without giving effect to any choice or conflict of law rule or provision which would cause the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Remedies

Each Party’s remedies for any breach of these Terms include all possible remedies at law and in equity, and nothing contained in these Terms will be deemed to limit a Party’s remedies hereunder. You agree that in the event of any default, problematic payment, or non-payment with respect to your registration, account or Services, You will be liable for WLS’s collections and other costs incurred in connection therewith, including bank fees, reasonable attorneys’ fees, and other legal costs.

Dispute Resolution

In the event You feel a matter of concern exists regarding your Service or use of the Site, please contact WLS at info@waldorflearningsupport.org.

Except in the event a Party seeks equitable remedies hereunder, in the unlikely event of a dispute hereunder between the Parties, such matter shall be subject to final and binding arbitration conducted by a single, neutral arbitrator, instead of in a court by a judge or jury. BY ACCESSING THE SITE OR SERVICES, YOU HEREBY AGREE THAT YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY, AND YOU HEREBY AGREE THAT ANY ARBITRATION CONCERNING THESE TERMS, THE SITE OR YOUR SERVICES WILL TAKE PLACE ON AN INDIVIDUAL BASIS, AND THAT CLASS ARBITRATIONS SHALL BE PROHIBITED. BY PARTICIPATING IN SERVICES, YOU AGREE THAT YOU GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH THESE TERMS, THE SITE OR SERVICES. Any arbitration hereunder shall be administered by the American Arbitration Association, with proceedings to be conducted virtually, unless the Parties mutually agree otherwise at the time, and in a manner that preserves confidentiality. The subject matter before the arbitrator may include claims for monetary damages and equitable and injunctive relief, and the prevailing Party in any such matter or dispute shall be entitled to recover its costs and reasonable attorneys’ fees in addition to any other relief awarded. The decision or award of the arbitrator will follow these Terms and will be final and binding, and judgment upon such decision or award may be entered in any competent court, expressly including any such court sitting in Cook County, Illinois. The arbitrator shall have the authority to award temporary, interim, or permanent injunctive or other equitable relief or specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and any such entire dispute, including scope and enforceability of this provision, will be determined by the arbitrator. This provision survives any termination of these Terms or your use of the Site or Services.

Severability

The Parties intend and believe that each provision of these Terms comports with all applicable law. However, if any provision of these Terms is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable as written, then it is the intent of the Parties that such provision be construed so as to limit, modify or interpret any such unlawfulness, invalidity, or unenforceability so as to make such provision valid and enforceable within the requirements of applicable law, and so as to give such provision, as closely as possible according to the Parties’ intentions, full force and effect to the fullest possible extent. In the event any such provision cannot be so limited, modified, interpreted, or made, these Terms shall be construed so as to omit such provision, and in any such event, the remainder of these Terms and the Parties’ rights and obligations hereunder shall continue in full force and effect and be unimpaired.

Waiver

No waiver will be enforceable against a Party hereunder unless provided in writing signed by the Party against whom it is claimed to be enforced. The failure of a Party to insist upon strict performance of any provision hereunder is not, and will not be deemed, estoppel against asserting the right to require such performance or enforce such provision at any time, including in the future. The waiver by a Party of any breach (including default) of any provision hereof will not be deemed a waiver of any other provision nor of any subsequent breach of the same or any other provision.  All remedies are cumulative.

Construction

Headings used herein are for convenience of reference only and shall not affect the interpretation of these Terms or any portion of them. Words and phrases used herein, and any acknowledgments thereof, will be construed and applied flexibly in the singular or plural number, or feminine, masculine, or neutral genders, as the context upon interpretation or application so requires, and will not strictly limit any interpretation or application. Uses in these Terms of the word “including” shall be read to mean “including, but not limited to” unless the context requires otherwise. All monetary amounts applicable to the Site and Services shall be in U.S. dollars unless WLS expressly and specifically agrees otherwise in writing.

Survival

All of the agreements, understandings, and obligations contained in these Terms that expressly by their terms or implicitly by their nature are intended to continue beyond termination of your Services or use of the Site will survive any such termination and continue in full force and effect.

Questions

If You have any questions regarding these Terms, our Privacy Policy, or your Services or use of the Site, please contact Us at info@waldorflearningsupport.org. You may reach Us by mail at Waldorf Learning Support, LLC, 2783 Chapel Rd., Barrington Hills, IL 60010.