These Terms of Use and Privacy Policy (“Privacy Policy” collectively, “Terms”) are between our Customers and Tools for the Playhouse LLC on behalf of itself and its affiliates (collectively, “Tools for the Playhouse” or “us” or “we”) governing our Customers’ use of the website, apps, related services (collectively, the “site”), and all data and content that is accessed, utilized, input, uploaded or generated by the foregoing. We only use and share Customer information as described in our Terms.

By accessing this site, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the site.

Generally

By using the site, you may learn about Tools for the Playhouse and its digital downloads and related educational materials that it provides to parents, other caregivers, and other professionals only for information purposes (“Customers”). Customers may review content, submit questions and information, and, now or in the future, participate in any surveys, blogs or other services. The site and all material posted or otherwise available on the site or otherwise approved by Tools for the Playhouse, including but not limited to all courses, documents, files, images, photography, graphics, artwork, text, and other information and material found on the site, regardless of source, all Marks (hereinafter defined), and all compilations and assembly of the foregoing, and other intellectual property relating thereto and all information and data collected through the site may be used for the sole and limited purposes set forth in the site and these Terms. You may view site content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms. Any other use of site content without Tools for the Playhouse’s prior written approval is strictly prohibited.

No Professional Advice

All information supplied through the site or by any agent, whether by telephone, e-mail, letter, fax or other form of communication, is for informational purposes or general guidance and does not constitute medical, legal or professional advice. Developmental, speech therapy, occupational therapy or health-related information provided through this site is not a substitute for medical or professional advice and it is important that you not make medical decisions or conclusions without first consulting your pediatrician or other healthcare professional. The receipt of any requests, questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Tools for the Playhouse’s Proprietary Rights

Everything you see or read on the site, including the digital downloads and all other content and any expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the site and the Services, and any necessary software or other technology used in connection with the site (“Software”) is owned by Tools for the Playhouse or its licensors and used under license granted to Tools for the Playhouse, and protected by all applicable intellectual property and other laws, and may not be used except as provided in these Terms without Tools for the Playhouse’s express written permission. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to Tools for the Playhouse. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the site address or Marks in page text, as key words, meta tags or any other “hidden text.”

Use of Information Submitted

By submitting comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Materials”), including responses to questionnaires or through postings to the Service, you grant us a perpetual, transferrable, royalty-free license, with right to sublicense, in and to the Materials for use in our discretion via any means, media and format now known or hereafter devised without any obligation to you, including, but not limited to, use in developing, manufacturing and marketing new products and services and in creating, supplementing, modifying and/or improving the Services.  Further, you hereby waive any claim or claims against Tools for the Playhouse, its affiliates, licensors and successors-in-interest regarding use of such Materials.  You represent and warrant to us that any and all Materials submitted by you is and will be original to you and does not or will not infringe or violate the rights of any party.

Reselling Information Prohibited

You are absolutely prohibited from reselling in any manner any information you receive from the site.

Indemnity

You agree to indemnify, defend, release and hold Tools for the Playhouse and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including fees of attorneys and other professionals, due to or arising out of your use of the site, content you upload or otherwise approve (including all information), submission of Personal Identifiable Information, orders on the site, use of the Services, your connection to the site, your violation of these Terms, or your violation of any rights. In the event you provide registration, order or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify Tools for the Playhouse and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates for and hold it harmless from and against any and all liability, damages, loss or expense (including fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Tools for the Playhouse.

Modifications to the site and these Terms

Periodically Tools for the Playhouse may change the site content, the products and services offered, disable certain features of the site or expand the site’s capability. Tools for the Playhouse also reserves the right at any time to modify these Terms, the site (or any part thereof), their functionality and capabilities and/or discontinue, temporarily or permanently, with or without notice. You are responsible for regularly reviewing these Terms. You agree that Tools for the Playhouse shall not be liable to you or to any third-party in any way. Also, we strive to provide accurate and up-to-date information on our site by describing services accurately, but the site and data about the Services may contain typographical mistakes, inaccuracies, pricing errors, discontinued offerings, or omissions, some of which may relate to availability, and some information may not be complete or current or correct. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update our information at any time without prior notice. We do not warrant that resources, digital downloads, or other content of this website are accurate, complete, reliable, current or error-free.

Termination

Tools for the Playhouse, in its sole discretion, may suspend or terminate your access, registration/membership or use for any reason, but especially if Tools for the Playhouse believes that you have violated or acted inconsistently with the letter or spirit of these Terms and/or the law. Tools for the Playhouse may suspend, terminate and/or bar further access to the site at any time without prior notice to you. Tools for the Playhouse shall not be liable to you or any third-party for any suspension or termination of your access to or use of the site.

Links

The site may contain links to other internet websites or resources. When you link to those websites or otherwise access another site, you leave the site. Tools for the Playhouse has no control over such websites, their content and resources or the business practices or policies of operators of such websites. Please use caution and review the privacy policies of any website that you visit to learn more about their information-gathering practices.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Tools for the Playhouse disclaims all representations or warranties about the accuracy or completeness of the site or the Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE, COURSES AND ANY SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOOLS FOR THE PLAYHOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE AND ANY SERVICES.

(b) TOOLS FOR THE PLAYHOUSE MAKES NO WARRANTY (i) THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT CONTENT WILL BE AVAILABLE, OR CONTAINS ACCURATE OR RELIABLE INFORMATION, (iv) THAT THE SERVICES OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY CONTENT, THE SITE, SERVICES, INFORMATION, OR OTHER MATERIAL AVAILABLE TO YOU OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS OR SERVICES WILL BE PROPERLY DELIVERED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOOLS FOR THE PLAYHOUSE OR THROUGH OR FROM THE TOOLS FOR THE PLAYHOUSE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR USE OF THE SITE. ALL CONTENT PROVIDE ONLY GENERAL INFORMATION AND GUIDELINES. TOOLS FOR THE PLAYHOUSE IS NOT ENGAGED IN RENDERING ANY LEGAL OR OTHER PROFESSIONAL SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOOLS FOR THE PLAYHOUSE SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOOLS FOR THE PLAYHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, SERVICES AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, TOOLS FOR THE PLAYHOUSE’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST TOOLS FOR THE PLAYHOUSE WITHIN ONE (1) MONTH OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Consumers should be aware that third party sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the site. Tools for the Playhouse is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

General Information

Although the site may be accessible worldwide, not all features, content, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. Tools for the Playhouse reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion. Any offer for any feature, product or service made on the site is void where prohibited. These Terms and any other agreements, whether or not referenced herein, constitute the entire agreement between Tools for the Playhouse and its Customers. Your activities and use of the site supersede any prior agreements between you and Tools for the Playhouse. You also may be subject to additional terms and conditions contained in invoices, purchase orders, or terms and contracts that may apply when you use affiliate services, third-party content or third-party software. These Terms, your use of the site and any other agreement with and the relationship between you and Tools for the Playhouse shall be governed by the laws of the State of Maryland, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and Tools for the Playhouse agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the site is accessible outside the United States. Notwithstanding the foregoing, Tools for the Playhouse may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of Tools for the Playhouse to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. The parties have expressly agreed that English shall be the official language governing these Terms.