In-Person Tutoring On-on-One Term of Service USA

Thank you for considering “Kids on the Yard” Tutoring and Kids Life Coaching, operated and maintained, as applicable, by Limitless Virtue LLC, a Florida corporation company doing business as “Kids on the Yard”.

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Limitless Virtue LLC, doing business as (“DBA”) Kids on the Yard. (“Company”) governing your use of the Company’s applications, website, and technology Platform (collectively, the “Platform”).

PLEASE BE ADVISED: IF YOU PROVIDE YOUR EXPRESS WRITTEN CONSENT (DEFINED BELOW) TO THIS AGREEMENT, YOU WILL BE SUBJECT TO PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND COMPANY MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE ‘DISPUTE RESOLUTION AND ARBITRATION’ IN SECTION BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST COMPANY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.

Overview

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of each. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:

Type of Service

In-Person Education Services, a course, class, or One-on-one format where students and instructors correspond and interact using virtual methods such as email, Web conferencing, and learning management systems.

Tutoring One-on-One with a Live Educator. One-to-one instruction describes a student learning from and interacting with a teacher individually, with instruction tailored to the student’s own personal pace and learning needs.

Terms

• “Agreement” refers to these Terms of Service and Website use. All services that we provide or that are offered through the “Website” or “this Website”, including Software as a Service, and In-Person, are referred to herein as “Services”.

• “Site” refers to our website, https://kidsontheyard.com, and its affiliate’s domains.

• “KidsOnTheYard” or “Kids on the Yard” or "KOTY" or “Our Company” or ‘Company’ or “LimitlessV”, refers to our company, known as Limitless Virtue LLC DBA “Kids on the Yard; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used.

• “DBA”: Doing Business As, also know as a “Trade Name” or “Fiction Name”

• The terms “you,” “your” or “User(s)” refers to any individual accessing the Website or the Service for his/her/its own personal purposes, on behalf of an entity or other person, for purposes related to Educators and the Service provided to Educators, and for purposes related to Students and the Service provided to Students. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you”, “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person, that you have the authority to bind such entity or other person to this Agreement, and that your acceptance of this Agreement (including if you have provided your Express Written Consent to its terms) shall constitute acceptance on behalf of such entity or person. If you are a parent, guardian, or another person who enables a child to access the Services, you agree to stand in the shoes of such a child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.

* "Student" refers to: Parent or Guardian or Student if they arrived to The age of majority in his residency locations.

• "Account" are individual, family, companies, schools, organization, or states to which “Kids on the Yard” issue invoice. Accounts may have Single or multiple contacts associated. When signing in to any of the “Kids on the Yard” service, you will be requested to set up an account and two contacts:

  • Primary Contact (Full access, includes billing information)
  • Primary Billing Contact (Allow access to billing information such as credit card, payment, invoices, and timesheet)

• “Age of Majority” (or “Minors”), refers to the age of the student, All states define an “age of majority”, usually 18. Persons younger than this age are considered minors and must be under the care of a parent or guardian unless they are emancipated. In some states, a “minor” can mean a person under the age 16, 17, 18, or 21.

• Wallet, every payment deposit into a digital wallet minus “Enrollment Fee” or "Processing Fee". The wallet’s balance can be used for different services “Kids on the Yard” offers. Each service may have a minimum balance that needs to be keept to avoid the cancelations process.

  • For example: If a service requires a minimum of $200 in the account, our system will try automatically to reload the wallet. In case it’s faulty, the system will repeat the process every 24 hours. Three (3) consecutive failers trigger the “Cancelation Policy” process, removing future schedules from the teacher calendar and pausing the current service.

  • The wallet can be recharged manually or automatically based on client selection.

  • Recharging wallet based on client set up a minimum Wallet recharge $100

• “Enrollment Fee” or “Registration Fee” An enrollment deposit fee is a non-refundable payment to guarantee your spot in the incoming session or classes. “Kids on the Yard” limits the number of times required to pay the Enrollment Fee once in a calendar year per type of service.

• "Processing Fee": “Kids on the Yard” adds pre-set amount of 5%, non-refundable on every transaction. Not including “Enrollment Fee” or “Registration Fee.” A minimum charge of $5 applied.

• Kids on the Yard respects and honors all holidays, observances, traditions, beliefs, cultures, religions, etc. Our staff, each of our educational members, are permitted to select their schedules based on holidays, observances, traditions, beliefs, culture, religions, etc., and may affect their availability, resulting in a substitute teacher based on availability in such cases, a notification of the placement of a substitute tutor will go out to the student or the account holder. The Official Company observation date is posted.

• A Substitute Teacher is a person who teaches a class when the regular teacher is absent or unavailable, e.g., because of illness, personal leave, or others. Our Substitute teachers receive their lesson plans from the primary educator before subbing.

• Cancelation For clarification, we split this section into two types.

  • Service Cancelation: That will trigger Service Cancelation
  • Session/Class Cancelation: That will trigger Educational Packages Limitations.

Privacy Policy

We take your privacy seriously. We know you trust us to help with your children(s), Kid(s), and homework, and we want you to know that you can trust us with your personal information.

Review our Privacy Policy and the statment for Parent(s) or Guardian(s) of Children under the age of 13

Zero Tolerance Policy

Abused of any type, including but not limited to clients, students, parents, guardians, employees, educators or any other person, will NOT be tolerated based on the zero-tolerance policy.

Any abuse may result in the “Termination” of the relationship or contract and block any future services.

Registration Obligations

To use the Services, you will need to register on the site, pay any applicable fees, and obtain an account, username, and password. When you register, the information you provide us during the registration process will help us offer content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), the username(s), and password(s), and for all activities and liabilities associated with or occurring under your account(s), the username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), the username(s) or password(s), and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account(s), username(s), or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s), or password(s).

You may not transfer your account(s), username(s), or password(s) to another person, and you may not use anyone else’s account(s), username(s), or password(s) at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account(s), we reserve the right to provide access to your account(s) and all information contained therein to such minor’s parents, guardians, or other authorized adults, including, but not limited to, authorized school representatives. (An exception to this is that we will never share your credit card information.) For additional information on how we use your information, please see our Privacy Policy. Your obligations with respect to registration are described below.

In consideration of your use of the Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we believe that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the site, the Services, or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.

User Content

Any materials, information, communications, or ideas that you upload, communicate, or otherwise transmit or post to us, the site, the Tutors/Teacher/Contractor, or the Services by any means (“User Content”) will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose. You agree that we may record all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts of Tutoring Sessions and all comments that you may provide to us on or through the site, the Services, any other means as a part of user satisfaction or other similar surveys and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

Consent to Communications

You acknowledge that the Consent to Communications provision of this Agreement is not binding on you unless you have provided your Express Written Consent (as defined above) to this Agreement. If you have provided your Express Written Consent (as defined above), the following provisions of the Consent to Communications provision are binding on you.

Agreement to Receive Communications from Company

By using the Platform and providing your phone number and/or email on the Platform, you agree and acknowledge that Company may communicate with you via email, text messaging, text receipts, Short Messaging Service (“SMS”), facsimile, and all phone calls at the number you provide. Such communications may be for any purpose, including marketing purposes, purposes related to Tutors and the Service provided to Tutors, and purposes related to Students and the Service provided to Students, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, artificial messages, pre-recorded messages, general telemarketing practices, and all other electronic communication. You agree that these calls may be regarding products and/or Service that Company may market to you and that you are not obligated to receive such calls in order to purchase said products and/or Service.Company will not charge you a fee for sending SMS text messages, but your communication Service provider may. You agree to pay any fee(s) or charges(s) that you may incur for incoming and outgoing text messages from or to Company or Company’s assigns, successors, Servicers or agents, without reimbursement from Company or them.

You understand that, should the phone number provided above cease to be a valid means to contact you or if you cease to retain ownership of the phone number, you have an obligation to provide Company notification of same through email at [email protected]. You understand and agree that, if Company sends you a communication but you do not receive it because your primary email address or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive communications, Company will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Company to your email address book so that you will be able to receive the communications Company sends to you.

By electronically providing your Express Written Consent to this consent to communications, you are confirming that you have agreed to the terms and conditions herein and you have had an opportunity to download or print a copy of the Agreement for your file.

Electronic Signature

You acknowledge that by clicking on the “I Accept”, “Submit”, “Request Tutoring Info”, or similar button on Company’s website, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.

How to Withdraw Your Consent to Communications

You may acknowledge that you may withdraw such consent to communications by notifying Company of such withdrawal (per the opt-out instructions below or per the opt-out option provided with each communication) and repeating notification of such revocation if Company subsequently attempts further communication, but that, until such consent is revoked and, if applicable, repeated, you may receive calls from Company at your phone number provided above.

You may withdraw your consent to receive communications by writing to Company at: Kids on the Yard / Limitless Virtue LLC, Attn: Legal Department, 9701 NE 2nd Ave, Suite #1069 Miami Shores, Florida 33138 U.S.A, or by contacting Company via the “Contact Us” link at the bottom of each page of Company’s website.

If you wish to opt-out of promotional emails, you can unsubscribe from Company’s promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional texts, you may reply to the number from which you received the text and text “STOP” from the mobile device receiving the messages. If you wish to opt out of promotional calls, you can unsubscribe by following the prompt after the call or you may text “STOPCALL” to the number from which you received the call from the device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Platform or the Service. You acknowledge that opting out of receiving calls and/or texts may impact your use of the Platform or the Service. At Company’s option, Company may treat your provision of an invalid phone number, or the subsequent malfunction of a previously valid phone number as a withdrawal of your consent to receive SMS text messages. Company will not impose any fee to process the withdrawal of your consent to receive SMS text messages. Any withdrawal of your consent to receive SMS text messages will be effective only after Company has a reasonable period of time to process your withdrawal.

Requesting Paper Copies of Electronic Communications

Upon your request, Company will send you a paper copy of the contract(s) or other material provided to you electronically pursuant to this consent. If you would like a paper copy of any of this material please write to Kids on the Yard / Limitless Virtue LLC, Attn: Legal Department, 9701 NE 2nd Ave, Suite #1069 Miami Shores, Florida 33138 U.S.A within 30 days of reciving the communication for which you are seeking a paper copy. There will be no charge for a paper copy of this material.

Miscellaneous

You agree to indemnify, defend, and hold Company harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations under Section “Consent to Communications”, which are only binding if you have provided your Express Written Consent, shall survive termination of the Agreement. Company will not be liable for losses or damages arising from any delay in delivery or disclosure of information to third parties by your communication service provider. Company may modify or terminate its text messaging service from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other User or a third party.

Dispute Resolution and Arbitration

You expressly acknowledge that the Dispute Resolution and Arbitration provision of this Agreement is not binding on you unless you have provided your Express Written Consent (as defined above) to this Agreement. If you have provided your Express Written Consent (as defined above), the following provisions of this Dispute Resolution and Arbitration provision are binding on you.

Agreement to Binding Arbitration Between You and Company

YOU AND COMPANY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This arbitration provision (“Arbitration Provision”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Company ends. ANY ARBITRATION UNDER THIS ARBITRATION PROVISION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Provision applies to all claims between you and Company, including Company’s affiliates, subsidiaries, parents, successors and assigns, and each of Company’s respective officers, directors, employees, agents, or shareholders.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND COMPANY. These claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Platform; the Service; any other goods or service made available through the Platform; your relationship with Company; the threatened or actual suspension, deactivation or termination of this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions or offers made by Company; any city, county, state or federal wage-hour law; trade secrets; unfair competition; breaks and rest periods; expense reimbursement; wrongful termination; discrimination; harassment; retaliation; fraud; defamation; emotional distress; breach of any express or implied contract or covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance for employees eligible under the specific benefit plan), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Provision) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION PROVISION. This Arbitration Provision is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Provision are expressly excluded from the requirement to arbitrate.

Prohibition of Class Actions and Non-Individualized Relief

YOU UNDERSTAND AND AGREE THAT YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND COMPANY BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SECTION (“Prohibition of Class Actions and Non-Individualized Relief”) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST COMPANY, WHICH ARE ADDRESSED SEPARATELY IN SECTION (“Representative PAGA Waiver”).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis.

Notwithstanding any other provision of this Agreement, the Arbitration Provision, the American Arbitration Association (“AAA”) Consumer Arbitration Rules (“AAA Rules”), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any claims, the class, collective, and/or representative action on such claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims to the fullest extent possible.

Representative PAGA Waiver

Notwithstanding any other provision of this Agreement or the Arbitration Provision, to the fullest extent permitted by law: (1) you and Company agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Company agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Provision or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Provision or the requirement that any remaining claims be arbitrated on an individual basis pursuant to the Arbitration Provision; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those claims, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Rules Governing the Arbitration

Any arbitration conducted pursuant to this Arbitration Provision shall be administered by the AAA pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Arbitration Provision. Copies of the Consumer Arbitration Rules can be obtained at the AAA’s website (www.adr.org) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and Company will have the opportunity for reasonable discovery of non-privileged information that is relevant to the claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

Arbitration Fees and Awards

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

1. If you initiate arbitration under this Arbitration Provision after participating in the optional Negotiation process described in section (“Optional Pre-Arbitration Negotiation Process”) below and are otherwise required to pay a filing fee under the relevant AAA Rules, Company agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to Company, Company will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.

2. If Company initiates arbitration under this Arbitration Provision, Company will pay all AAA filing and arbitration fees.

3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

4. At the end of any arbitration, the arbitrator may award reasonable arbitration fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

5. Although under some laws Company may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Company agrees that it will not seek such an award.

6. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in section (“Opting Out of Arbitration”) below, then Company will pay you the amount of the award or U.S. $1,000, whichever is greater.

Location and Manner of Arbitration

Unless you and Company agree otherwise, any arbitration hearings between you and Company will take place in the county of your billing address. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Exceptions to Arbitration

This Arbitration Provision shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in section (“Representative PAGA Waiver”) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.

Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with any local, state, or federal agency and nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any local, state, or federal agency, to the extent you are entitled to pursue such a claim, in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Arbitration Provision. Nothing in this Agreement or Arbitration Provision prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

Severability

In addition to the severability provisions in section (“Representative PAGA Waiver”) above, in the event that any portion of this Arbitration Provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Provision shall be given full force and effect.

Opting Out of Arbitration.

You may opt out of the requirement to arbitrate claims defined in section (“Arbitration Fees and Awards”)(3) pursuant to the terms of this section. If you do not wish to be subject to this Arbitration Provision with respect to claims, you may opt out of arbitration with respect to such claims by notifying Company in writing of your desire to opt out of arbitration for such claims, which writing must be dated, signed and delivered by: (1) electronic mail to [email protected] or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery Service (e.g, UPS, Federal Express, etc.) that is addressed to:

Kids on the Yard,
Limitless Virtue LLC
Attn: Legal Department
9701 NE 2nd Ave, Suite #1069
Miami Shores,
Florida 33138 U.S.A

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Provision with respect to claims, (B) the writing must include the name, phone number, and email address associated with you, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Company shall be bound by the terms of this Arbitration Provision in full.

You should assume that there may be now, and may be in the future, lawsuits against Company alleging class, collective, and/or representative claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of claims with Company under this Arbitration Provision, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Company in an individual arbitration provision. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Provision and you will not be subject to retaliation, if you exercise your right to assert claims or timely opt-out of arbitration, for any claims under this Arbitration Provision.

Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and Company may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Company. A party who intends to seek negotiation under this section must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Copyright & Trademark Notice

Company respects the intellectual property of others, and asks its users to do the same. For full statment review see: Copyright Document.

Trademark Notice

Review our Trademark Notice statment.

Intellectual Property Rights (IPR) Complaints

Review our Complaint Procedure.

Confidential Information

You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent, or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.

Links

The site or the Services may provide links to non-“Kids on the Yard” World Wide Web sites or resources (Third Party Sites). This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop up for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third-Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services, or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

Affiliate Disclosure

From time to time, Kids on the Yard may promote some of its partners in different electronic channels. A clear “Affiliate Disclosure Notice” will appear in these cases as the FTC requires.

Conduct

You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy, or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law.

You agree that you will not in any way:

• Interfere with the ability of others to access or use the Services.
• Disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the site or the Services.
• Claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship.
• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

You agree that you will treat the educator respectfully and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help.

You agree that you will not disclose any information to an educator that could be considered personally identifiable details, including your full name, address, telephone number, email address, social security number, password, or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension of your account and may terminate or cancel the educator’s contract. Similarly, you agree that you will not solicit any such information from any educator and agree that if any educator ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to report this to us by phone and in writing immediately.

You acknowledge that we may screen User Content and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.

You agree that if you access our system or Tutors through any method that is in any way improper or allows anyone else to do so, you will pay us $200 per hour and any part thereof, plus all costs we incur related to detecting and investigating your improper action(s), for each hour or part thereof that you access or allow anyone else to access our system or educator. You agree that these costs may, at our sole discretion, include our inside and outside attorney time and fees, as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of the document, improper access means any access other than following our defined procedures for creating a valid account and paying for the tutoring you receive. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to avoid paying for service. This may include but is not limited to using multiple email accounts, using multiple “get started” promotion codes or offers, deliberately keeping sessions under five minutes to avoid depletion of account minutes and credit card fraud.

Supplies and Materials

Kids on the Yard does not provide any materials that have not been ordered (separately from this agreement) and are pre-paid in advance. This includes and is not limited to:

• Extra materials are needed.
• School Supplies
• Classroom Supplies
• Supply for COVID-19 such as masks, gloves, sanitizers, thermometer
• Books, notebooks
• Art & STEM projects materials
• Any types of food, snacks, and drinks
• Paper Goods

Ordering 3rd Party Books, Workbook, Printed Worksheet

Occasionally, our educators may offer students to purchase a Book, Workbook, or Printed Worksheet to support their study. In such cases, the student may request Kids on the Yard to order the workbook on their behalf. The student agrees to pay the order and additional processing fee, a minimum of $20 processing fee, depending on the order type.

Prohibited Activities

You shall not (nor cause any third party to) use the Website or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:

• disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;
• transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
• that would constitute fraud;
• transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• interfering with or disrupting the Website or the Service;
• disrupting the activities or enjoyment of the Website or the Service for other users;
• collecting or storing personal data about other users;
• use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, Service or other data from the Website);
• use of the Website to gain competitive intelligence about Company, the Website, or any product or Service offered via the Website or to otherwise compete with Company or its affiliates;
• framing or otherwise simulating the appearance or functions of the Website or any portion thereof; or
• harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.
• You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and are solely responsible for all acts or omissions taken by you including without limitation any of the User Content created or submitted by you.

Fees

Company (or its partners) may charge a fee to post or access Content or for other features, products, Service, or licenses. You are responsible to Company (or its partners) for any fees applicable to Content that you post or other features, products, Service or licenses you purchase or that are purchased through Company (or its partners) for using or accessing the Website or the Service. You authorize Company (or its partners), or its designated payment processor, to charge your specified credit card, debit card, or other payment method for such fees as provided through the registration process.

Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Company (or its partners), or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Company (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

Refund Policy

Refunds are offered under the eligibility criteria:

• New customer:

  If unsatisfied with the service provided within the first 14 days of service (The 14 days start from the first day after completing the first session with the selected educator, not from the day payment is made). The unused hours will be fully refunded without the processing fee see “Fees” section.

For other conditions, the related cancelation policy will be applied. All refunds will be processed within ten (10) business days.

How do I request a refund?

Don’t hesitate to get in touch with your customer service representative, who will review your eligibility for a refund based on the eligibility criteria.

How long can a student use pre-paid hours?

Students are eligible to use pre-paid hours for 60 days before they expire.

What happens when pre-paid hours are left unused?

After 60 days, the pre-paid hours have reached their end of term of use.

Refund Policy Amendments:

Although most changes are likely to be minor, we (“Kids on the Yard”) may change our Refund Policy occasionally. We (“Kids on the Yard”) encourage visitors to frequently check this page for any changes to its Refund Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification through email or your dashboard). Your further use of the Services after changing our Refund Policy will be subject to the updated policy.

Educational Packages Limitations

Limit Rescheduling

Kids on the Yard is not obligated to fulfill any rescheduling request. We utilize rescheduling for in advance notice circumstances such as holiday schedules, finals week, preset time off, a special life event, an educator’s cancellation, and unexpected life emergencies. We limit our rescheuling to once every, 2 billing cycles.

Request to Adjust Time

The entire adjustment process may take 1 to 3 business days. If a package invoice is set to go through during this period of time between the request and the final day, it will be processed.

We limit request Adjust Time as follow:

• Packages up to 4 hours a week are limited to one (1) single-session request within four (4) weeks of consecutive payments.
• Packages for 5-10 hours a week are limited to two (2) single-session requests within four (4) weeks of consecutive payments.
• Packages over 10 hours a week are limited to three (3) single-session requests within four (4) weeks of consecutive payments.
• Requests exceeding the package limitation will be charged for regular session time.

Request to Adjust Package

The entire adjustment process may take 1 to 3 business days. If a package invoice is set to go through during this period of time between the request and the final day, it will be processed. We limit request Adjust Package as follow:

• Packages up to 4 hours a week are limited to one (1) single-session request within four (4) weeks of consecutive payments.
• Packages for 5-10 hours a week are limited to two (2) single-session requests within four (4) weeks of consecutive payments.
• Packages over 10 hours a week are limited to three (3) single-session requests within four (4) weeks of consecutive payments.
• Requests exceeding the package limitation will be charged for regular session time.

Request Holiday Break

All requests require a 14-day notice. If the package invoice is set to go through during this period of time, it will be processed. Holiday requests are limited to no longer than two (2) weeks.

Request to adjust time due Student Sick

Any request giving at least 24 hours prior notice to Kids on the Yard office, in which case no tuition fees will be incurred. Lessons not attended by the Student without giving 24 hours prior notice to the Educator shall be charged at the full rate. We limit request Adjust Package as follow:

• Packages up to 4 hours a week are limited to one (1) single-session request within four (4) weeks of consecutive payments.
• Packages for 5-10 hours a week are limited to two (2) single-session requests within four (4) weeks of consecutive payments.
• Packages over 10 hours a week are limited to three (3) single-session requests within four (4) weeks of consecutive payments.
• Requests exceeding the package limitation will be charged for regular session time. Same day Sick will be consider a No-Show

Request to adjust time due Student Medical procedure

Any request giving at least 24 hours prior notice to Kids on the Yard office, in which case no tuition fees will be incurred. Lessons not attended by the Student without giving 24 hours prior notice to the Educator shall be charged at the full rate. We limit request Adjust Package as follow:

• Packages up to 4 hours a week are limited to one (1) single-session request within four (4) weeks of consecutive payments.
• Packages for 5-10 hours a week are limited to two (2) single-session requests within four (4) weeks of consecutive payments.
• Packages over 10 hours a week are limited to three (3) single-session requests within four (4) weeks of consecutive payments.
• Requests exceeding the package limitation will be charged for regular session time. Same day requests will be consider a No-Show

Request to adjust time due Personal break

Any personal break for longer than a week is considered a Personal break.

Our policy is limited to one(1) personal break request for every ten (10) weeks of consecutive payments.

For a request to be considered a “Personal Break,” a return date is required upon submitting the request.

All requests require a 14-day notice. If the package invoice is set to go through during this period of time, it will be processed.

Any request granted an extension for a more extended period in addition to the Personal Break period will result in a one-time charge of $50 for re-enrollment.

Any request not granted an extension will be considered as a request for cancellation policy.

Learn more about What happens when pre-paid hours are left unused?

Limitation of Seasonal Break Requests

Seasonal Break, A period of time that is between semesters for Pre-K4 to university students, usually Fall, Winter, Spring, or Summer break.

• Fall break: no longer than two (2) weeks
• Winter break: no longer than two (2) weeks
• Spring break: no longer than two (2) weeks
• Summer break: no longer than two (2) weeks

For a request to be considered a “Seasonal Break,” a return date is required upon submitting the request.

All requests require a 14-day notice. If the package invoice is set to go through during this period of time, it will be processed.

Learn more about What happens when pre-paid hours are left unused?

Limit of substitute

Substitute teachers will be provided based on availability. A notification on substitute will be sent to the student.

Limitation of Inclement Weather on the Student Location

In the event of inclement weather (snow, sleet, hail, flooding, tornado, hurricane, severe thunderstorm, fire, or earthquake issued by the state emergency system or “FEMA”) , we will leave it up to the discretion of the Client/Student whether or not a lesson will be held.

All clients have the option to use online tutoring as an option in lieu of cancellation due to inclement weather. Please communicate with the care/administrative team within 72 hours of the event to avoid a charge.

The Care/Administrative team attempted to reschedule the session. If they cannot reschedule the session, remain in the pool of hours for future use.

Limitation of Inclement Weather on the Educator Location

In the event of inclement weather (snow, sleet, hail, flooding, tornado, hurricane, severe thunderstorm, fire, or earthquake issued by the state emergency system or “FEMA”) , we will leave it up to the discretion of the Educator whether or not a lesson will be held.

All online educators have the option to cancel due to inclement weather. The care/Administrative team will inform the student in case of cancelation, if possible, due to the nature of the emergency.

The Care/Administrative team attempted to reschedule the session. If they cannot reschedule the session, remain in the pool of hours for future use.

Late Arrival

Student Late Arrival

Fees are calculated according to the times stipulated in the schedule, and no adjustment shall be made for time lost because of late arrival by the Student. Late students will only be tutored for the remainder of the scheduled session. There will be no prolonged sessions.

Educator Late Arrival

Late arrival considers over 5 minutes for 30 minutes and 10 minutes for longer sessions.

We deduct only the actual session duration if no options are available to extend the session duration.

No-Show Policy

No-Show is defined as any missed session without notification to the Kids on the Yard administration team or Student absence over 15 minutes from the session start time. All No-Show will be charged for regular session time.

Cancellation

For clarification, we split this section into two types.

• Service Cancelation: That will trigger service Cancelation Policy
• Session/Class Cancelation: That will trigger Educational Packages Limitations.

Session/Class Cancelation

The following requests are not consider cancelation and falling under Educational Packages Limitations Section:

• Adjust time
• Adjust Package
• Reschedule
• Holiday
• Student Sick
• Medical procedure
• Seasonal Break
• Personal break

Service Cancelation

Any request for Service Cancelation that is sent to our system, violation of one of our educational packages, or breach of our term of Service will trigger Service Cancelation Policy see Service Cancelation Limitation

Terms:

• A Service Cancelation Request is a request submitted to the Kids on the Yard care/administrative team to stop service and will be processed. Acknowledge of receiving requests` (based on hours of operation) will be sent to the customer with the cancelation process and steps.
• A Service Cancelation Acknowledge is a reply email from our team that accepts your request to cancel service.
• Final Bill the final bill includes the Final Invoice, which consists of the remaining 30 days or the last two (2) educational packages in case of two (2) weeks’ cycles.
  • Final Bills are processed within 1-3 business days from the Service Cancelation Acknowledge date.
  • Final Bills include the Final Remaining Balanced after issuing the Final invoice.
  • Final Bills include the Final Schedule.
  • Final Bills inform the teacher/educator and release the time slot for new student(s).

    *If an invoice is issued on the same day the request for cancel service has been received. (during office working hours), the paid hours for that invoice are included in the Final Bill.**

• Final invoice consists of the remaining 30 days or the last two (2) educational packages in case of two (2) weeks’ cycles.
• Final Remaining Balanced the remaing balanced after issuing the the Final invoice.
• Final Schedule the remaining schedule based on the Final Remaining Balanced

What is Service Cancelation Acknowledge?

A Service Cancelation Acknowledge is an email or SMS automatically sent to the client to confirm that we started the process of “Service Cancellation.”

This is not a Final Bill or Final Schedule processed within 1-3 business days from the Service Cancelation Acknowledge

Service Cancelation Limitation

• A request sent directly to the teacher/tutor will not be considered a valid notification request.
• Requests submitted during business hours are handled on the same day and trigger Service Cancelation Acknowledge.
• Requests submitted after business hours are dealt with the next business day and trigger Service Cancelation Acknowledge.
• All cancellation request is required to be submitted using one of the following methods:
  • Direct office call
  • Email sent to our Care Team will be processed inside our ticketing system.
  • Use of the form links attached to our mail communications.
• Any requests for schedule changes are required to be submitted using one of the following methods: Any schedule request made outside of the following methods below is considered a No-Show.
  • Direct office call
  • Email sent to our Care Team will be processed inside our ticketing system.
  • Use of the form links attached to our mail communications.
• Direct email: We advise you to refrain from sending any requests to the private emails of our administrative team, as working hours change weekly, which may delay response time.
• If a package invoice is set to go through during this period of time between the request and the final day, it will be processed.
• For all requests for a break longer than ten (10) days, Kids on the Yard can not guarantee the return of the same Tutor in the same time slot.
• Kids on the Yard do not offer students makeup sessions when canceled less than 24 hours in advance. The session is considered a NO SHOW / Missed session.

Request session(s) cancelation due to any unexpected life-changing emergency

In the event of any unexpected life-changing emergency, contact the Kids on the Yard office to check eligibility and find the right solution for you.

What happened to the request that arrived after hours via SMS?

All SMS are logged into our system and trigger tasks for relevant teams. All tasks are processed during working hours in the order they have been logged into our system.

Note: In some cases, manual action will be required from the team, such as opening a ticket to the relevant department, which may delay the appropriate department from responding in a timely manner.

Final Cancellation Notice

Once a final cancellation for an Educational package has been requested, our system will cancel the Educational package 30 Days days from the time of the request.

In addition, if an Educational package invoice is set to go through within those 30 days, our system will process it.

A final schedule will go out after processing your last educational package cycle.

Waiver of Liability and Hold Harmless Agreement

1. In consideration for receiving permission to participate in this/these Prep Class(es) and/or Private Tutoring sessions, you hereby release, waive, discharge and covenant not to sue Kids on the Yard, Limitless Virtue LLC, and, his associates, tutors, teachers, employees, affiliates, and/or the facility where this activity is held (hereinafter referred to as releases) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or any of the property belonging to you, whether caused by the negligence of the releasees or otherwise, while participating in such activity or while in, on or upon the premises where the activity is being conducted.

2. You further hereby agree to indemnify and hold harmless the released from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to your participation in said activity, whether caused by the negligence of releasees or otherwise.

3. It is your express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the above-named releases. You hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.

4. You warrant and assure that you are at least 18 years of age and fully competent. You acknowledge that the above constitutes the whole of our waiver of liability and hold harmless agreement and that no additional claims or representations have been made.

5. Employees of Kids on the Yard, including Teachers/Tutors/Contractors, reserve the right to refuse service at the location in cases of Broken equipment, poor advice, or other unsafe conditions, and it could be unintentional. In these cases, the employees, teachers, and contractors are obligated to inform the reason of the parents or to our office.

6. Kids on the yard will address any matter to the client/parent/guardian, the teacher/tutor/contractor and in some cases, the owner of the facility, in writing, or email, or phone call of a complaint received, in 24 hours from the moment of notification.

7. Our social workers, teachers, and tutors are required to report any child abuse as stated in federal and state law. For more details, refer to https://www.childwelfare.gov/pubPDFs/manda.pdf

Session Limitations & Duration

Session Record

All sessions are recorded (See privacy policy for more details) and may keep between 7-90 days.

Online Session Length

30 min sessions

Grade.....: Pre-K3, Pre-K4, Pre-K, K
Study Time: 28 min Session
Recap Time: 2 min Recap Session on our system (see section 19.7).
Total.....: 30 min session
Wait time.: 15 min from start of the session (teacher will not wait more than 15 min)

60 min sessions

Grade.....: 1st-12th, includes adults
Study Time: 55 min Session
Recap Time: 5 min Recap Session on our system (see section 19.7).
Total.....: 60 min session
Wait time.: 15 min from start of the session (teacher will not wait more than 15 min)

90 min sessions

Grade.....: 1st-12th, includes adults
Study Time: 85 min Session
Recap Time: 5 min Recap Session on our system (see section 19.7).
Total.....: 90 min session
Wait time.: 15 min from start of the session (teacher will not wait more than 15 min)

120 min sessions

Grade.....: 1st-12th, includes adults
Study Time: 115 min Session
Recap Time: 5 min Recap Session on our system (see section 19.7).
Total.....: 120 min session
Wait time.: 15 min from start of the session (teacher will not wait more than 15 min)

Over 120 min sessions

Over 120 min the session requires preparation time and recap time.

(*) Wait time: This is the time the teacher will wait for the online session to begin before closing the room

No Warranties

While we, Kids on the Yard, are committed to providing the best educational services possible, the Tutors & Teachers make no promises or warranties regarding a Student’s performance as a result of any tutoring provided. In no event shall our obligations, expressed or implied, to any customer or site user exceed those obligations specifically noted herein.

Relaxation of Terms

No relaxation, indulgence, waiver, or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.

Disclaimer of Warranty; Limitations

THE COMPANY CONTENT, THE SITE, THE SERVICES, AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES, AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

Release / Indemnification

You agree to release the Company, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Website and the Service. If at any time you are not happy with the Website or the Service or object to any material within the Website or the Service, your sole remedy is to cease using them.

Exclusion of Warranties / Disclaimer

To the maximum extent allowed by law, the Website or the Service and any company content are provided “as is” and “as available,” and at your sole risk. Although the Company uses reasonable efforts to ensure that the information contained on the Website and through the Service is as accurate as possible, Company gives no warranty of any kind regarding the Website or the Service or company content posted or otherwise made available therein. Further, the Company does not warrant the accuracy, completeness, currency, or reliability of any company content that the results obtained from the use of the Website or the Service or company content will be accurate or reliable, or that the quality of the Website or the Service or company content will meet your expectations. Company expressly disclaims all warranties, representations, conditions, undertakings, or other obligations, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Website, the Service, or company content will be error-free or that such errors will be corrected. Any company content or other material downloaded or otherwise obtained through the use of the Website or the Service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such company content or material.

Agreement for Payment

Payment shall be made before the start of a tutoring session, OR Payment shall be made weekly/monthly in advance. *Must complete an ACH or credit card authorization form for monies to be automatically paid monthly.

Force Majeure

If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates.

Term and Termination

This Section does not apply to the Consent to Communications and the Dispute Resolution and Arbitration provisions of this Agreement, which are only binding on you if you have provided your Express Written Consent (as defined above) to this Agreement.

In addition to any other method of termination, suspension, or survival provided for in this Agreement, Company reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that Company shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to Company of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.

Governing Law and Other Miscellaneous Terms

Except as otherwise set forth in the Agreement, specifically in the Dispute Resolution and Arbitration provision, the validity and effect of the Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each user consents to the exclusive jurisdiction of any federal or state court situated in or serving Miami Dade County, Florida, as Company selects in its sole discretion. The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction, except as set forth in the Dispute Resolution and Arbitration provision of this Agreement. Any suit, action, or proceeding concerning the Website, its use, these terms of use, or concerning any other policy or procedure of Company, must be brought in a court of competent jurisdiction in Florida, and you hereby irrevocably consent to the jurisdiction of such court (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

Company Details

Address

Kids on the Yard,
Limitless Virtue LLC

9701 NE 2nd Ave, Suite #1069
Miami Shores,
Florida 33138 U.S.A

Phone

[email protected]

International: +1 786-382-2000

Federal Employer Identification

Also known as the Employer Identification Number

EIN: 46-5310368

DBA Detail

Registration Number: G20000149063
County.............: MIAMI-DADE
FEI/EIN Number.....: 46-5310368
Document Number....: L14000055462

Holiday

The Official Company observation date is posted for the next 4-5 years in advance.

Office Hours

Administration Office Hours

• Monday to Friday, 9:00 AM – 9:00 PM Eastern Standard Time.
• Closed on National Holidays.

Accounting Office Hours

• Monday to Friday, 9:00 AM – 5:00 PM Eastern Standard Time.
• Closed on National Holidays.

Modification to the Described Services

This Agreement is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, Company reserves the right to change, modify, add, or remove services described in this Agreement at any time without prior notice.

Modification to Fees, Rates, Pricing

This Agreement is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, Company reserves the right to change, modify, add, or remove fees, rates, and pricing as described in this Agreement at any time without prior notice.

Modification to the Agreement and Terms

This Agreement is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, Company reserves the right to change, modify, add, or remove portions of this Agreement at any time without prior notice.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site and your continued use of the site, Services, and/or Software constitutes your Agreement to such modifications.

You agree to periodically review the current version of these Terms as posted on the site.