Creative World School Franchising Inc.

Terms of Use

Last Updated: February 22, 2017

These Terms of Use (these “Terms”) govern your access and use of this web site (the “Site”), made available to you by Creative World School Franchising Inc. (“Creative World School,” “we,” “us,” or “our”).

By accessing or using the Site, you agree on behalf of yourself and any company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy.  PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION PROVISION.

If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.

  1. Privacy Policy. We may collect certain information from your use of the Site as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing as set forth in our Privacy Policy.
  1. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Creative World School or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to Creative World School or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
  1. Use of the Site; Compliance with Laws.

a.  You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.

b.  You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of Creative World School. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are forbidden. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Creative World School.

c.  You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.

d.  This Site and any franchise sales information on this Site do not constitute an offer to sell a daycare or child care franchise. The offer of a franchise can only be made through the delivery of a Franchise Disclosure Document or FDD. Certain states require that we register the FDD in those states. The communications on this Site are not directed by us to the residents of any of those states. Moreover, we will not offer or sell child care franchises in those states until we have registered the FDD (or obtained an applicable exemption from registration) and delivered the FDD to the prospective franchisee in compliance with applicable law.

  1. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. CREATIVE WORLD SCHOOL MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE SITE IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. CREATIVE WORLD SCHOOL DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. CREATIVE WORLD SCHOOL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. CREATIVE WORLD SCHOOL IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE WORLD SCHOOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. CREATIVE WORLD SCHOOL HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM CREATIVE WORLD SCHOOL OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

  1. NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL CREATIVE WORLD SCHOOL, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF CREATIVE WORLD SCHOOL HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL CREATIVE WORLD SCHOOL’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  1. Indemnification. You will indemnify, defend, and hold harmless Creative World School, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of products and services through the Site, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
  1. Third-Party Web Sites. The Site may link to, or be linked to, web sites not maintained or controlled by Creative World School. Those links are provided as a convenience and Creative World School is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.
  1. Linking to the Site. If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link and clearly marked; (ii) the link must “point” to the URL “www.creativeworldschools.com” and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Creative World School’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Creative World School; and (vi) the link, when activated by a user, must display the Site full-screen and not within a “frame.” Creative World School reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
  1. Feedback. Creative World School welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
  1. Mandatory Arbitration; Waiver of Jury Trial

a.  Any claim, dispute, or controversy arising from or relating to the Site or these Terms (or any prior agreement between you and us with respect to the Site), or the relationships which result from these Terms (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim(s)”), will be resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they choose to have any disputes decided through individual arbitration. Notwithstanding the foregoing, Creative World Schools may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site or systems, without the posting of a bond, proof of damages, or other similar requirement.

b.  The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.

  1. Governing Law. These Terms are governed by the laws of the state of Florida, without regards for its conflict of law principles. Except for any arbitration expressly set forth above, venue is exclusively in the state or federal courts, as applicable, with jurisdiction over Lee County, Florida, with respect to any dispute arising under these Terms unless otherwise determined by Creative World School in its sole discretion and the parties expressly agree to the exclusive jurisdiction of such courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.
  1. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
  1. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.
  1. Interpretation. These Terms, including our Privacy Policy, are the entire agreement between you and Creative World School with respect to your access to and use of the Site. Creative World School’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Creative World School. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Creative World School’s successors and assigns.
  1. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.
  1. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Creative World School may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
  1. Contact Us. Please direct any questions and concerns regarding these Terms to us by email at info@creativeworldschools.com or by mail at 25110 Bernwood Drive, Suite 104, Bonita Springs, FL 34135.

Copyright © 2017 Creative World School Franchising Inc. All rights reserved.