Terms and Conditions

MUZZYBBC® and MUZZY123® Website Terms and Conditions

Thank you for visiting the MUZZY® websites located at www.muzzybbc.com and/or www.muzzy123.com (collectively, the “Site”). The Site is an Internet property of Growing Minds LLC (“Growing Minds,” “MUZZY®,” “we,” “our” or “us”). You agree to the following MUZZYBBC® and MUZZY123® Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, audio, video, photographs, graphics, artwork, testimonials, activity books and/or other content featured on the Site (collectively, “Content”); (c) register to receive the MUZZY® newsletter (“Newsletter”) and/or activity books, where available (“Activity Books”); (d) access links that will take you to a third party website where you can attempt to download the MUZZY® mobile application (“App”); (e) access links to MUZZY’s® social media pages/accounts on third party social media websites, such as Facebook®, Google+®, Twitter® and YouTube® (collectively, “Social Media Pages”); (f) purchase the MUZZY® DVD-set or other merchandise featured on the Site (collectively, “Merchandise”); and/or (g) purchase a membership to the MUZZY® Club website, which is owned and operated by our third party partner, Muzzy Learning UK Ltd. (“Muzzy Learning UK Ltd”) (“Membership” and together with the Site, Content, Newsletter, Activity Books, App, Social Media Pages and Merchandise, the “Site Offerings”).

The MUZZY® Website Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions of the Agreement in their entirety, you are not authorized to use the Site Offerings in any manner or form whatsoever.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® and YouTube® are registered trademarks of Google, Inc. (“Google”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Growing Minds is not in any way affiliated with Facebook, Google, LinkedIn or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

MUZZY® is a registered trademark of the British Broadcasting Company (“BBC”). MUZZY® and the BBC logo are used under license from the BBC. The Merchandise, Content and other material made available on the Site and on the MUZZY® Club website are protected by copyrights held by the BBC, DMP Organization and/or Growing Minds, as applicable, all rights reserved.

1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site Offerings. The Agreement constitutes the entire and only agreement between you and Growing Minds with respect to your use of the Site Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. You understand and agree that Growing Minds is not responsible or liable in any manner whatsoever for your inability to use the Site Offerings.

2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

3. Requirements. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction). If an individual is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction), that individual does not have permission to use and/or access the Site Offerings.

4. Site Forms. In order to utilize certain Site Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Merchandise and/or a Membership); and/or (f) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Growing Minds may reject your Form and/or terminate your Site account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where Growing Minds believes that you are in any way in breach of the Agreement; (ii) where Growing Minds believes that you are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) where Growing Minds believes that you are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

5. Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Site Offerings. The Content is compiled, distributed and displayed by Growing Minds, as well as third-party content providers such as the BBC (“Third-Party Providers”). Growing Minds does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Growing Minds does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Growing Minds will not be responsible for, and Growing Minds undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that Growing Minds shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.

6. Merchandise/Membership/Billing.

(a) Merchandise. You can purchase Merchandise by completing the applicable Form and providing the requisite Registration Data. Growing Minds may offer a one (1) year Membership free with the purchase of Merchandise that is not later returned for a refund. OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 6(a), ALL SALES OF MERCHANDISE ARE FINAL AND NON-REFUNDABLE.

Merchandise Payment Option #1: Where you have purchased Merchandise under Merchandise Payment Option #1, the credit card that you provided on the Form (“Payment Method”) will be charged the first installment of Thirty-Nine Dollars and Eighty Cents ($39.80), plus Nine Dollars and Ninety-Five Cents ($9.95) shipping and handling (as well as applicable sales taxes), on the date that Growing Minds ships the Merchandise. Where you are not completely satisfied with the Merchandise, you can return all items contained within your shipment of Merchandise within thirty (30) days of the date that you receive the Merchandise and receive a full refund of the purchase price, other than the Nine Dollars and Ninety-Five Cents ($9.95) charged for shipping and handling. Where you do not return all items contained within your shipment of Merchandise within thirty (30) days of receipt of purchase, your Payment Method will be charged four (4) additional installments of Thirty-Nine Dollars and Eighty Cents ($39.80), with the first payment charged thirty (30) days after your purchase date and, the ensuing three (3) installments charged in thirty (30) day intervals thereafter. Growing Minds may offer discounts where customers pay the purchase price for the Merchandise in one lump sum, rather than in separate installments.

Merchandise Payment Option #2: Where you have purchased the complete DVD set for an available foreign language under Merchandise Payment Option #2, your Payment Method will be charged One Hundred and Ninety-Nine Dollars ($199.00), plus applicable sales tax, on the date that Growing Minds ships the Merchandise. Where you are not completely satisfied with the Merchandise, you can return all items contained within your shipment of Merchandise within thirty (30) days of the date that you receive the Merchandise and receive a full refund of the purchase price. Where you do not return all items contained within your shipment of Merchandise within thirty (30) days of receipt of purchase, you will receive a one (1) year Membership free.

(b) Membership.

Membership Payment Option #1: Under Membership Payment Option #1, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #1, the Payment Method that you provided during registration or updated at a later date will be charged Nine Dollars and Ninety-Five Cents ($9.95), on a monthly, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #2: Under Membership Payment Option #2, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #2, the Payment Method that you provided during registration or updated at a later date will be charged Forty-Nine Dollars and Ninety-Five Cents ($49.95), on a bi-annual (once every six (6) months), recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #3: Under Membership Payment Option #3, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #3, the Payment Method that you provided during registration or updated at a later date will be charged Eighty-Nine Dollars and Ninety-Five Cents ($89.95), on an annual, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Membership Payment Option #4: Under Membership Payment Option #4, you will have access to all seven (7) foreign languages offered in connection with the MUZZY® Club website. Upon registering for a Membership to the MUZZY® Club website under Membership Payment Option #4, the Payment Method that you provided during registration or updated at a later date will be charged Twelve Dollars and Ninety-Five Cents ($12.95), on a monthly, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Risk Free Trial for Membership Payment Option #1: Under the Risk Free Trial for Membership Payment Option #1, you will have access to one (1) foreign language in connection with the MUZZY® Club website. Upon registering Risk Free Trial for a Membership to the MUZZY® Club website under Membership Payment Option #1, the Payment Method that you provided during registration or updated at a later date will be charged One Dollar ($1.00) for a thirty (30) day risk free trial. Thereafter, where you do not cancel your Membership prior to the expiration of the thirty (30) day risk free trial, the Payment Method that you provided during registration or updated at a later date will be charged Nine Dollars and Ninety-Five Cents ($9.95), on a monthly, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

Risk Free Trial for Membership Payment Option #4 Under the Risk Free Trial for Membership Payment Option #4, you will have access to all seven (7) foreign languages offered in connection with the MUZZY® Club website. Upon registering Risk Free Trial for a Membership to the MUZZY® Club website under Membership Payment Option #4, the Payment Method that you provided during registration or updated at a later date will be charged One Dollar ($1.00) for a thirty (30) day risk free trial. Thereafter, where you do not cancel your Membership prior to the expiration of the thirty (30) day risk free trial, the Payment Method that you provided during registration or updated at a later date will be charged Twelve Dollars and Ninety-Five Cents ($12.95), on a monthly, recurring basis for as long as your Membership remains active. Such fees will be charged in advance. You acknowledge and agree that Growing Minds will not obtain any additional authorization from you for this recurring payment. Every time that you use the Membership, you re-affirm that Growing Minds is authorized to charge your Payment Method and to have the fees applied to same.

General Membership Terms: A Membership grants you access to the MUZZY® Club website, as well as the games, interactive content, text, audio, video, photographs, graphics, artwork and other content featured therein (collectively, “MUZZY® Club Content”). Please be advised that Growing Minds does not own, operate or in any way control the MUZZY® Club website and/or associated MUZZY® Club Content. Muzzy Learning UK Ltd is solely responsible for all aspects of the MUZZY® Club website and MUZZY® Club Content, including the accuracy, completeness, appropriateness and/or usefulness of such MUZZY® Club Content. Growing Minds does not represent or warrant that the MUZZY® Club Content and other information posted by and through the MUZZY® Club website is accurate, complete, up-to-date or appropriate. You understand and agree that Growing Minds will not be responsible for, and Growing Minds undertakes no responsibility to monitor or otherwise police, MUZZY® Club Content, MUZZY® Club website and/or acts and omissions of Muzzy Learning UK Ltd. You hereby release Growing Minds, and agree that Growing Minds shall have no obligation and incur no liability to you in connection with, any aspect of the MUZZY® Club website and/or MUZZY® Club Content including, without limitation, any dispute between you and Muzzy Learning UK Ltd.

(c) Cancellation of Membership and General Billing Provisions. You may cancel your Membership at any time by emailing us at: customerservice@muzzybbc.com; or calling us at: 1-888-999-4670. We will not refund fees paid prior to the termination date and you will remain liable for any unpaid Membership charges previously billed to your Payment Method. ALL MEMBERSHIP FEES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Payment Method statement through the identifier. Failure to use the Merchandise and/or Membership, as applicable, does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Growing Minds in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Growing Minds reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Merchandise and/or a Membership after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Growing Minds’ authorization to provide and bill for the Merchandise is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Growing Minds’ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

7. App. The Site contains links to venues where you may be able to download the App. Please be advised that Growing Minds does not own, operate or in any way control the App. Muzzy Learning UK Ltd is solely responsible for all aspects of the App, including the accuracy, completeness, appropriateness and/or usefulness of the App and content appearing therein. Growing Minds does not represent or warrant that the App and other information posted by and through the App is accurate, complete, up-to-date or appropriate. You understand and agree that Growing Minds will not be responsible for, and Growing Minds undertakes no responsibility to monitor or otherwise police, the App, App content and/or any acts and/or omissions of Muzzy Learning UK Ltd. You hereby release Growing Minds, and agree that Growing Minds shall have no obligation and incur no liability to you in connection with, any aspect of the App including, without limitation, any dispute between you and Muzzy Learning UK Ltd.

8. Social Media Pages. The Site contains links to the various MUZZY® Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Growing Minds shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

9. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Growing Minds may terminate this license at any time for any reason. Unless otherwise expressly authorized by Growing Minds, as a visitor to the Site, you may only use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Growing Minds. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site Offerings. You may not use the Site Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Growing Minds. You further agree to indemnify and hold harmless Growing Minds for your failure to comply with this Section 9. Growing Minds reserves any rights not explicitly granted in the Agreement.

10. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.

11. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Growing Minds will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

12. Indemnification. You agree to indemnify and hold Growing Minds, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site Offerings; (b) your breach of the Agreement; (c) any dispute between you and [Muzzy Learning UK Ltd]; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of Growing Minds, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

13. Disclaimer of Warranties. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GROWING MINDS MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC EDUCATIONAL ACHIEVEMENT, BENEFIT OR SUCCESS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GROWING MINDS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROWING MINDS OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GROWING MINDS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROWING MINDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) YOUR FAILURE TO REALIZE ANY SPECIFIC EDUCATIONAL ACHIEVEMENT, BENEFIT OR SUCCESS; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE GROWING MINDS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF GROWING MINDS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR GROWING MINDS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GROWING MINDS. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF GROWING MINDS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and MUZZY® Club website. Growing Minds does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by Growing Minds of the applicable website or any association with the website’s operators. Because Growing Minds has no control over such websites and resources, you agree that Growing Minds is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Growing Minds shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

16. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

17. End-User Information. All materials that you submit through or in association with the Site including, without limitation, the Registration Data and Feedback, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Growing Minds and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Growing Minds incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

19. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Growing Minds may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

20. California End-User Consumer Rights In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

21. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Growing Minds, please feel free to contact us as set forth in this Section 20. For general inquiries, please e-mail us at: customerservice@muzzybbc.com; call us at: 1-888-999-4670; or send mail to: Growing Minds, 218 James St., Barrington, IL 60010. If you are a school, please feel free to e-mail us at: schools@muzzybbc.com; or call us at: 224-228-6511. If you are a library, please feel free to e-mail us at: libraries@muzzybbc.com; or call us at: 224-228-6505.

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