Terms of Use and Privacy Policy

TERMS OF USE

THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE.  IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.  THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON.  UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.  VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES. 

PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement.  The website (Start A Preschool.com) and its owners and/or operators (Continental Marketing LLC) are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE
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nless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website.  By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.  Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever.  Nothing.  Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision.  Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website.  Material contained on the website must be presumed to be proprietary and copyrighted.  Visitors have no rights whatsoever in the site content.  Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.  Further, you are not allowed to reference the url (http://www.startapreschool.com) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site.  You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.  You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information.  Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate.  The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer.  Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

GUARANTEE AND WARRANTY
This product is sold ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.  The Seller warrants and guarantees absolutely nothing.  There is no ‘warranty period’.

However, in the event that the Buyer claims that the product is defective within 30 days, seller will refund the full purchase price (minus shipping & handling) upon receipt of said product, no questions asked.

The Buyer may also return any materials purchased through this site within 30 days and, if they are in brand new, resale-able condition (i.e. shrinkwrap still intact and all written materials looking brand new), the Buyer may return the items to the Seller for a full refund of the purchase price (minus shipping) if the items are postmarked within 30 days of the purchase date.  If any of these conditions are not met (i.e. items are postmarked after 30 days of the purchase date, or if the Seller deems any of the items to not be in brand new, resale-able condition) the Seller may refuse the package and/or not issue a full refund of the purchase price.

If the Buyer is purchasing a membership in this site, he/she may have a free trial period.  If the Buyer does not cancel before the free trial ends, the Buyer will be charged a monthly subscription rate as quoted in the membership’s publicity materials.  The Buyer may cancel his membership at any time by contacting Joy Anderson  with the order number and order date.  The cancellation will be effective immediately.  No refunds will be given. 

If the Buyer is purchasing, through this site, a product, including membership, that is to be provided by a third party, the Buyer must look to the third party for additional warranties or guarantees, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, and short.

INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission.  All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind.  Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.  “Submissions” is also a provision of the Privacy Policy.

NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the International Centre for Dispute Resolution (ICDR).  Information about the International Centre for Dispute Resolution (ICDR).  Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial.  Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified.  In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

PRIVACY POLICY

PERSONS OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors to this website, all subscribers to lists or newsletters whether paid or unpaid, all members or affiliates whether paid or unpaid, and all customers.  Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as “Visitors” and are parties to this Privacy Policy.  Subscribers to lists or Newsletters are referred to herein as “Subscribers” and are parties to the Privacy Policy.  Persons who join an organization or marketing endeavor (e.g. “affiliates”) promoted by this website are called “Members” herein and are covered by this Privacy Policy.  Finally, anyone who orders, attempts to order, or receives a product sold (recipients) or advertised on or delivered from this website, even at no cost, is called a “Customer” herein and is subject to this Privacy Policy not only by passive acceptance, but by virtue of the Purchase Agreement contract.  The website, its agents, owners, operators, and employees are referred to collectively herein as “Website,” “Site,” and/or “Seller”.

PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In the event that a person excluded from this website because of the Terms of Use or from denial of service by the website, who nonetheless unlawfully views this site, that person remains subject to the terms of this Privacy Policy and is in violation of the Terms of Use.

PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA).  If you are under the age of 18 you must leave this site immediately.  Fraudulent use of this website may make you subject to civil or criminal sanctions.

VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the website.  If you do not accept these terms, you have no right to visit this site and you are fraudulently using this site.

A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 –OPPA)
It is the intent of the Privacy Policy to comply with the California Act.  Various provisions throughout this Privacy Policy address requirements of the act.  In summary, you must presume that we collect electronic information from all visitors.  This is not usually personally identifiable.  If you purchase a product or service via this website (and thereby become covered by the Act), the purchase agreement allows the website to collect and archive all the personal information you provide and to transmit and/or transfer that personal information to third parties.  There is no way you can modify this information and you have no right to do so.  Under the terms of the purchase agreement, you have no right to view or receive any information about our database.  In the event that the website, under advice of counsel agrees to divulge information, the requesting party must submit whatever information is demanded by the website in insure that the website is releasing information to the correct party.  Other provisions of the OPPA may exempt this website from complying.  While we take measures to ensure that outside parties do not have access to any information we have about you, we do not warranty that outside parties will not breach our system and thus have access to your information.  (You should know that merchant service providers do not allow us access to your credit card information.)  This Privacy Policy also is subject to change without notice.  You are required to read it prior to using the website.  By interacting with the website you agree to the terms and conditions of the Privacy Policy.  By using the website or purchasing a product through this website, you waive the right to use state or federal court systems to address complaints and, instead, agree to use the American Arbitration Association located in a city and county specified herein.

ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers, members, and customers.  This information is obtained in various ways, such as:

VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’
Registration means that the Visitor, Subscriber, Member or Customer takes active, positive steps to communicate information to this website.  This can include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.

ONLINE ORDERING
Online ordering via SSL encrypted communication provided by shopping cart services supporting merchant service companies like Visa and Master Card provides information to the website but does not provide complete credit card numbers.  In the process of online ordering, the customer provides, name, address, city, state, email address, phone number, and CVV2 (back of card) number.  You should consider all this information available to the website.  This information is used to deliver the product, but under the Purchase Agreement you also approve its use for general solicitation purposes.

VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website do so under two conditions:  one, they give their permission for contact by the website; two, they are subject to any submission provisions of the Terms of Use, Purchase Agreement, or this Privacy Policy.  While your email address may or may not be used to solicit you, it is added to the website’s general solicitation database.

CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.

Any communication which, in its sole discretion, may be publicized for commercial purposes.

INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them.  This site is not responsible for the use of information collected in such a fashion.  Visitors must assume that (1) information will be collected, (2) that cookies will usually be placed on their hard drive, (3) that website does not have any control over what happens with this information, (4) that website takes no responsibility over the accuracy or content of advertisers, (5) that website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.

INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the url or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend.  You must assume that referred emails or web pages may appear to come from your email.  You must accept fully responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.

INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, affiliates, marketing organization or used by the site itself for product design or solicitation purposes.

INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’
Many websites, including this one, collect information about your computer, your email address, your IP address.  You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected.  This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.

“Cookies” is web jargon for bits of computer code placed on your hard drive.  Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site.  Cookies can also be used to obtain information about your computer configuration or your use of your computer.

Cookies can be used to electronically gather information about you.  Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you.  You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.

HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how information that is collected is customarily used by this site.  While actual use of any information collected may be used quite conservatively, you must assume that it is not.  You must assume that information collected is shared with other persons or entities for commercial purposes.  While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website.  This type of shared information may include your name, address, phone number, email address and buying habits, as well as other information.  This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.

INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not usually known to the website.  However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies.  However, the provider of such information gives express permission to use it in fraud investigation or for litigation.

BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site provided bulletin boards or other public forums, such as chat rooms or Facebook groups, do so at their own risk.  You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.

SPAM 
By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations.  However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.

DATA SECURITY
This website takes measures to protect its data that contains information related to you.  However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information.  You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.

REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is dynamic.  It will continually change.  You may not assume that it remains the same and you agree to check the policy each time you visit the site for changes.  Unless, in the sole opinion of the website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to this Privacy Policy nor, under any circumstances, does this site promise notification.  Your continued use of this site always evidences your acceptance of the terms this Privacy Policy or any modifications.

DISPUTES
As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the International Centre for Dispute Resolution (ICDR). 

In no case shall the Visitor have the right to go to court or have a jury trial.  Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner.  In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

APPLICABLE LAW
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the Website owner(s).

CONTACT INFORMATION
If there are any questions regarding these policies you may contact Joy Anderson using the information below.

[email protected]
http://www.startapreschool.com
10400 Overland Rd. #225
Boise, ID 83709
USA