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Early Bird Learning Center, LLC
Internet Site Terms and Conditions of Use



Welcome to the Early Bird Learning Center Website.  The Site is owned and operated by the EARLY BIRD LEARNING CENTER, LLC.  This page contains Terms and Conditions of Use.  The Site was made available only to those who agree to these Terms & Conditions.  As such, these Terms & Conditions govern and control your access to and use of the Site.  By accessing and using the Site you are agreeing to be bound by these Terms & Conditions.  If you do not agree to be bound by these Terms & Conditions, you are not authorized to use the Site. The Early Bird Learning Center reserves the right to make changes necessary from time to time, without notice to you.  By using the Site following any such changes, you agree to be bound by these Terms & Conditions as they may have been changed. 

  1. The Early Bird Learning Center. EBLC is the privately funded learning center with goals to reach communities all across the United States. The Early Bird Learning Center Owners holds all authorizations, licenses and other rights to third party franchisees (“Authorized Franchisee”).  Authorized Franchisees in the future will be able to open and run their own Schools under the quality assurance and other guidelines established by EBLC.  EBLC itself is not engaged in the delivery of education or instructional services of any type, is not a licensed educational institution in any jurisdiction nor does it actually operate any School. Access to parts of this Website may be limited to those that have been provided necessary password and log-on information.  EBLC is not responsible for the operation of any School or for the conduct of any future Authorized Franchisees including with respect to any Internet sites they may operate independent of this Site (whether or not linked to this Site).

  2. Proprietary Rights; Compliance with Laws.  EBLC owns all rights, title and interest including, without limitation, all intellectual property rights (including all copyrights, patents and trademarks), proprietary rights (including trade secrets), and moral rights (including the rights of authorship and attribution), throughout the world in and to the Site including all the content, code, data, materials and the look, feel, design and organization of the Site.  Unless otherwise specifically indicated, no information on the Site may be copied, reproduced, distributed, re-published, downloaded, displayed, posted, or transmitted in any form by any means, including electronically (including through use of so-called “scraping” technologies), mechanically, by photocopying, recording or otherwise without the prior written consent of EBLC.  No trademark, service marks or logo on the Site may be used for any purpose without the prior written consent of EBLC.  Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.

  3. Collection of Certain Information.  The Site may include functions (such as “contact us”, forms for employment applications and franchisee information or “feedback” pages) provided for the purpose of submitting information to EBLC.  Submitted information may include personally identifiable information such as names and e-mail addresses.  EBLC’s handling and use of all submitted information will be pursuant to the ELBC Privacy Policy published separately on the Site.

  4. Your Account and Password If you are required to create or use an account on the Site (whether or not as a future Authorized Franchisee) and have been provided with a user name and password for that purpose, you are responsible for maintaining the confidentiality of that information.  You are also responsible for any activity conducted under your account.  You agree to: (1) immediately notify EBLC of any unauthorized use of your password or account or any other breach of the Site’s security; and (2) ensure that you log-off and exit from your account at the end of each session.  It is your responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your responsibility to notify EBLC if you desire to cancel your account on the Site. EBLC will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

  5. Prohibited Conduct.  The Site may not be used in any way that is unlawful or harmful to the rights of EBLC, any future Authorized Franchisee or any third party. In no event shall you use the Website in a manner that exceeds the specific authorization granted by EBLC under these Terms & Conditions or by other express written agreement.  The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to: (1) retrieve, alter, or destroy data on, from or through the Site; (2) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (3) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (4) interfere with or disrupt the Site or the business, operations or services of EBLC or any Authorized Franchisee; (5) interfere with or disrupt any computer, host, network, or telecommunications device maintained by EBLC or any Authorized Franchisee or any of their third party suppliers; (6) interfere with or disrupt the legitimate use of the Site by any person; (7) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (8) violate the privacy rights of any party under applicable law or regulation; (9) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of EBLC or any Authorized User or any of their third party suppliers; (10) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages even if previously solicited by the intended recipient; and (11) copy (whether directly or by use of any “scraping” or related technology) any of the contents of the Site.

  6. Copyright Infringement: Termination, Notice and Takedown Policy.  EBLC gives respects the rights of copyright holders and has adopted and takes all reasonable measures to implement the policies prescribed by the Digital Millennium Copyright Act of 1998 under United States law including its “notice and take-down” procedures.  EBLC will further terminate, if commercially practicable and reasonable, Site access by any employee of EBLC or any otherwise valid subscriber or account holder, including any Future Authorized Franchisee, who infringes the rights of copyright holders. 

  7. DISCLAIMER OF WARRANTIES.  THIS SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED “AS IS” without warranty of any kind, either express or implied, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  EBLC makes no warranties with respect to the accuracy or completeness of information contained on the Site, or that the Site will be error-free or available for uninterrupted use.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EBLC THROUGH THE SITE SHALL CREATE ANY WARRANTY.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST. 

  8. Indemnification & Limitation of Liability no CIRCUMSTANCE shall the EBLC Parties be liable for any damages, whether direct, indirect, incidental, PUNITIVE, EXEMPLARY, special or consequential (including, without limitation, for lost profits, business interruption, loss of information, programs or data), resulting from access to, use of, or inability to use the Site, or due to any breach of security associated with the transmission of information via the Internet, even if the GSI parties were advised of the possibility of such damages and WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

  9. Applicable Laws. These Terms & Conditions shall be governed by and in accordance with the laws of the Ohio without regard to principles of conflicts of laws.  All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in Ohio and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. EBLC controls and operates this Site from its offices in Ohio in the United States of America.   Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.

  10. General.    You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.  Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect.  The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.  These Terms & Conditions constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.