Explorers by Nature SD Terms & Conditions
Last Updated: 2/2023
Welcome to Explorers by Nature SD! Explorers by Nature SD provides an online platform to (1) make online materials available about activities that parents or guardians (“Parents”) can engage in with their children (“Activities”) in their local communities and online for the purpose of helping children socialize, enjoy the outdoors, learn, and develop new skills, using class sessions, curriculum and materials provided by Explorers by Nature SD. Information, resources and registration regarding the Services are available through the website at www.explorersbynatureSD.com “Website”. “Users” and “you” (and its derivatives) as used in this Terms of Service (the “Terms”) apply to Parents and any other users of the Website. The Explorers by Nature SD website, online account and services are collectively referred to as the Explorers by Nature SD “Platform”.
BY (1) ACCESSING OR USING THIS WEBSITE AND (2) CLICKING ON THE “I ACCEPT” BUTTON, (3) COMPLETING THE REGISTRATION PROCESS, AND/OR (4) MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH EXPLORERS BY NATURE SD, AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE PERSON OR ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT PERSON OR ENTITY TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY EXPLORERS BY NATURE SD IN ITS SOLE DISCRETION AT ANY TIME WITH OR WITHOUT NOTICE.
Registration Data. In registering for an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of materials or the Explorers by Nature SD Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify Explorers by Nature SD immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Explorers by Nature SD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Explorers by Nature SD has the right to suspend or terminate your Account and refuse any and all current or future use of materials, the Explorers by Nature SD Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account per platform at any given time. Explorers by Nature SD reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use materials or the Explorers by Nature SD Platform if you have been previously removed by Explorers by Nature SD.
The following terms apply to Parents who want to register their children in Classes or for Events:
(1) Terms Binding Upon Minors. As a Parent, when you enroll one or more of your children in a Class or Event, you represent that you are the parent or legal guardian of all such individuals under the age of 18 who are participating in the Class or Event, or accompanying you to such Class or Event (“Children”) and you agree that these Terms are also binding upon your Children.
(2) No Class or Event Guarantee. You acknowledge and agree that Explorers by Nature SD does not and cannot guarantee that any particular Classes, Events, Activities, Course Materials will be available. In some cases, Classes and Events displayed as available on the Website may not be available at some locations. Explorers by Nature SD reserves the right to reschedule or cancel any Class or Event for any reason without notice. Explorers by Nature SD may disqualify anyone at any time during a Class or Event from participating in any and all activities, including if Explorers by Nature SD feels you or your Children’s continued participation will jeopardize any individuals involved or others. In the event a Class or Event is listed at an incorrect location, or a class is listed at an incorrect price, due to typographical error or other error, Explorers by Nature SD will have the right to refuse or cancel any registrations for enrollment placed for such Class or Event. Explorers by Nature SD will have the right to refuse or cancel any such registrations for enrollment whether or not the registration has been confirmed or your credit card charged.
(3) Event Participation. Events are hosted by Explorers by Nature Leaders for you and your Children to participate. Event descriptions, terms and conditions, and any fees that may be applicable for an Event are set forth on the page for that Event on the Explorers by Nature SD website.
(4) Class Participation. Class descriptions, terms and conditions, and any fees that may be applicable for a Class are set forth on the page for that Class. Explorers by Nature SD, at its sole discretion, may make promotional offers with different features and different rates to any Enrollee. These promotional offers, unless made to you, will have no bearing whatsoever on the amount you owe to Explorers by Nature SD.
(5) Class Enrollment Plans. If you register your Children for one or more Classes, Explorers by Nature SD will charge you upon registration for the Class. If you decide not to attend any prepaid Classes, you will not be eligible for a prorated refund of any portion of the prepaid fees.
(6) Food and Drinks. Explorers by Nature SD does not monitor the serving of any foods or beverages at any Classes or Events. You understand that if food and beverages are provided at a Class or Event for you and your Children to consume, you are free to choose which foods and beverages, if any, you and your Children consume, and you accept sole responsibility for all risks associated with such consumption by you and your Children, including food sickness, allergic reaction, and death. You are solely responsible for any food or beverages that you bring to any Classes or Events.
(7) Medical Emergency. In case of medical emergency, you authorize Explorers by Nature SD to secure emergency medical treatment for your Children. You hereby agree to pay for any charges for emergency medical treatment that are not covered by your or your Children’ personal health insurance.
Each parent understands and agrees that:
(1) No Obligation to Pre-Screen Content. You acknowledge that Explorers by Nature SD has no obligation to pre-screen Content (including, but not limited to, User Content), although Explorers by Nature SD reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that Explorers by Nature SD pre-screens, refuses or removes any Content, you acknowledge that Explorers by Nature SD will do so for Explorers by Nature SD benefit, not yours. Without limiting the foregoing, Explorers by Nature SD will have the right to remove any Content that violates the Terms or is otherwise objectionable.
(2) Explorers by Nature SD Materials. Except with respect to Your Content and User Content, you agree that Explorers by Nature SD and its suppliers own all rights, title and interest in Explorers by Nature SD Materials. You hereby agree and acknowledge that any modifications or updates to the Explorers by Nature SD Materials shall be the sole and exclusive property of Explorers by Nature SD. You hereby assign to Explorers by Nature SD all rights, title, and interest to any modification or updates to the Explorers by Nature SD Materials.
(2) Trademarks. Explorers by Nature SD stylized name and other related graphics, logos, service marks and trade names, collectively and any portion thereof, used on or in connection with Explorers by Nature SD Materials are the trademarks of Explorers by Nature SD and may not be used in whole or in part, in any manner, without permission in connection with any third-party products or services. Other trademarks, service marks and trade names, whether registered or unregistered, that may appear on or in Explorers by Nature SD Materials are the property of their respective owners.
(3) Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Explorers by Nature SD Materials, except as otherwise provided in these Terms.
(7) Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Explorers by Nature SD.
The Explorers by Nature SD Platform, all Explorers by Nature SD marketing materials (“Marketing Materials”), and all learning materials, gear, kits, and other products which may be provided by or purchased from Explorers by Nature SD relating to class structures, curriculum offerings, and including as provided in connection with Activities, Events and Classes (“Course Materials”), and the information and content available on the Website and used in connection with the Services, and all intellectual property or proprietary rights therein (collectively, with the Marketing Materials and the Course Materials, the “Explorers by Nature SD Materials”) are protected by all applicable laws throughout the world.
The rights granted to you in the Terms are subject to the following restrictions: (a) except as expressly stated herein, you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Explorers by Nature SD Materials or any portion of Explorers by Nature SD Materials; (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other Explorers by Nature SD Materials (including images, text, page layout or form) of Explorers by Nature SD; (c) you will not use any metatags or other “hidden text” using Explorers by Nature SD name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Explorers by Nature SD Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access Explorers by Nature SD Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of Explorers by Nature SD Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you will not remove, alter, obscure, or destroy any copyright notices or other proprietary markings contained on or in Explorers by Nature SD Materials; and (i) you will only use Explorers by Nature SD Materials in connection with the Services, as authorized herein or otherwise in writing and in advance by Explorers by Nature SD. Unless otherwise permitted in writing in advance by Explorers by Nature SD, accessing any audiovisual content that may be available via the Services, Explorers by Nature SD Platform, or Explorers by Nature SD Materials for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the Terms. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from Explorers by Nature SD to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. Any future release, update or other addition to Explorers by Nature SD Materials will be subject to the Terms. Explorers by Nature SD, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Explorers by Nature SD Materials terminates the licenses granted by Explorers by Nature SD pursuant to the Terms.
You hereby grant to Explorers by Nature SD the absolute and irrevocable right and permission, without any requirement to obtain further consent from you and/or your Children, to audio tape, film, videotape, photograph or otherwise record the name, likeness and voice of you and your Children in connection with your and your Children’s participation in any Classes or Events, and to edit, use, broadcast, telecast, Stream, download, display, distribute, post, and/or publish any of the results and proceeds thereof (the “Publicity Materials”) for any purpose and in any manner whatsoever in any and all media or technology, whether now known or hereafter devised (including, without limitation, on the internet, via social media, via video or audio conferencing, and via any other digital, analog or other distribution media or mechanism), worldwide in perpetuity. You hereby irrevocably authorize Explorers by Nature SD to use and license others to use the Publicity Materials for any promotion, merchandising, publicity, advertising or any other lawful purpose without limitation and without any compensation to you or your Children. You and your Children hereby release, hold harmless, and forever discharge the Explorers by Nature SD Parties from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses arising out of, related to, or in any way connected with the exercise by Explorers by Nature SD of the rights granted herein, including any and all claims for invasion of privacy, infringement of your rights of privacy and/or publicity, infringement of you and/or your Children’s intellectual property rights, defamation, or portrayal in a false light.
As a condition of use, you agree not to use Explorers by Nature SD Materials for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through Explorers by Nature SD Materials that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Explorers by Nature SD prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Explorers by Nature SD; (vi) interferes with or attempts to interfere with the proper functioning of Explorers by Nature SD Materials or uses Explorers by Nature SD Materials in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against Explorers by Nature SD Materials, including but not limited to violating or attempting to violate any security features of Explorers by Nature SD Materials, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Explorers by Nature SD Materials, introducing viruses, worms, or similar harmful code into Explorers by Nature SD Materials, or interfering or attempting to interfere with use of Explorers by Nature SD Materials by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” Explorers by Nature SD Materials.
You agree to indemnify and hold Explorers by Nature SD, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Explorers by Nature SD Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Explorers by Nature SD Materials or the Explorers by Nature SD Platform; (c) your acts or omissions in connection with the Services; (d) your violation of any rights of another party, including any User; (e) any act or failure to act by you and/or for Parents, your Children, as applicable, (e) any matter arising out of or related to your or for Parents, your Children’s attendance or participation at a Class, Event, or Activity, including any claims by any venues against Explorers by Nature SD Parties, or (f) your or for Parents, your Children’s violation of any applicable laws, rules or regulations, as applicable. Explorers by Nature SD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Explorers by Nature SD in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Explorers by Nature SD Materials.
(1) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW (I) YOUR USE OF EXPLORERS BY NATURE SD MATERIALS OR THE EXPLORERS BY NATURE PLATFORM FOR PARENTS, YOUR AND YOUR CHILDREN’S (AND IF APPLICABLE GUESTS') ATTENDANCE OR PARTICIPATION IN ANY CLASSES, EVENTS, OR ACTIVITIES, ARE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE EXPLORERS BY NATURE SD MATERIALS, EXPLORERS BY NATURE SD PLATFORM AND ALL MATERIALS, FOOD, AND BEVERAGES PROVIDED, IF ANY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EXPLORERS BY NATURE SD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(2) YOU ACKNOWLEDGE AND AGREE THAT THE EXPLORERS BY NATURE SD PARTIES ARE NOT RESPONSIBLE FOR AND WILL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE EXPLORERS BY NATURE SD PLATFORM OR EXPLORERS BY NATURE SD MATERIALS; (II) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE EXPLORERS BY NATURE SD MATERIALS OR THE EXPLORERS BY NATURE SD PLATFORM; (III) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS; (IV) THE CONDUCT OF ANY ENROLEE OR BIRTHDAY PARTY GUEST; OR (V) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. EXPLORERS BY NATURE SD HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY USER OR THEIR CHILDREN OR OTHER USER ARISING OUT OF THE EXPLORERS BY NATURE SD PLATFORM.
(3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPLORERS BY NATURE SD OR THROUGH THE EXPLORERS BY NATURE SD MATERIALS OR THE EXPLORERS BY NATURE SD PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(4) No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT EXPLORERS BY NATURE SD PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EXPLORERS BY NATURE SD PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES (INCLUDING ENROLEES AND OTHER GUESTS), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
(5) No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMPANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES.
(1) Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL EXPLORERS BY NATURE SD PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE EXPLORERS BY NATURE SD MATERIALS OR THE EXPLORERS BY NATURE SD PLATFORM OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EXPLORERS BY NATURE SD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE EXPLORERS BY NATURE SD MATERIALS OR THE WEBSITE PLATFORM OR ANY CONTENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE EXPLORERS BY NATURE SD MATERIALS OR THE EXPLORERS BY NATURE SD PLATFORM OR ANY CONTENT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE EXPLORERS BY NATURE SD MATERIALS OR THE EXPLORERS BY NATURE SD PLATFORM OR ANY CONTENT; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY; OR (5) ANY OTHER MATTER RELATED TO THE MATERIALS OR THE EXPLORERS BY NATURE SD PLATFORM OR ANY CONTENT, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
(2) Cap on Liability. UNDER NO CIRCUMSTANCES WILL EXPLORERS BY NATURE SD PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY EXPLORERS BY NATURE SD AS A RESULT OF YOUR USE OF THE EXPLORERS BY NATURE SD MATERIALS OR THE EXPLORERS BY NATURE SD PLATFORM OR ANY CONTENT. IF YOU HAVE NOT PAID EXPLORERS BY NATURE SD ANY AMOUNTS, EXPLORERS BY NATURE SD SOLE AND EXCLUSIVE LIABILITY WILL BE LIMITED FIFTY DOLLARS ($50).
(3) Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXPLORERS BY NATURE SD AND YOU.
(1) Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Explorers by Nature SD Materials, unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used Explorers by Nature SD Materials or the Explorers by Nature SD Platform prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Explorers by Nature SD Materials or the Explorers by Nature SD Platform (whichever is earlier) and will remain in full force and effect while you use Explorers by Nature SD Materials or the Explorers by Nature SD Platform, unless earlier terminated in accordance with the Terms.
(2) Termination of Services by Explorers by Nature SD. If you have materially breached any provision of the Terms, if Explorers by Nature SD is required to do so by law (e.g., where the provision of the Website or the Services or Explorers by Nature SD Materials is, or becomes, unlawful), or if V decides, in its sole discretion, to discontinue the Services or all or part of the Explorers by Nature SD Materials or Explorers by Nature SD Platform, Explorers by Nature SD has the right to, immediately and without notice, suspend or terminate any Services provided to you.
(3) Explorers by Nature SD Rights. If Explorers by Nature SD becomes aware of any possible violations by you of the Terms, Explorers by Nature SD reserves the right to investigate such violations. In the event that Explorers by Nature SD determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Explorers by Nature SD Materials or Explorers by Nature SD Platform, Explorers by Nature SD reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Explorers by Nature SD) that you have violated the Terms; (ii) delete any of Your Content provided by you or your agent(s) to Explorers by Nature SD Materials or Explorers by Nature SD Platform; (iii) discontinue your registration(s) with any of Explorers by Nature SD Materials or Explorers by Nature SD Platform, including the Services, School Programs, Classes, and Events; (iv) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which Explorers by Nature SD deems to be appropriate. If, as a result of the investigation, Explorers by Nature SD believes that criminal activity has occurred, Explorers by Nature SD reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Explorers by Nature SD is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Explorers by Nature SD Materials or Explorers by Nature SD Platform, including Your Content, in Explorers by Nature SD possession in connection with your use of Explorers by Nature SD Materials or Explorers by Nature SD Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Explorers by Nature SD, its Users or the public, and all enforcement or other government officials, as Explorers by Nature SD in its sole discretion believes to be necessary or appropriate.
(4) If your Account is terminated by Explorers by Nature SD due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access Explorers by Nature SD Materials or Explorers by Nature SD Platform through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Explorers by Nature SD reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
(5) You agree that all terminations for cause will be made in Explorers by Nature SD’S sole discretion and that Explorers by Nature SD will not be liable to you or any third-party for any termination of your Account.
(6) Termination of Services by You. If you want to terminate the Services provided by Explorers by Nature SD, you may do so by (a) notifying Explorers by Nature SD at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Explorers by Nature SD email address firstname.lastname@example.org.
(7) Effect of Termination. Termination of any Service may include removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Explorers by Nature SD will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
When changes are made, Explorers by Nature SD will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Explorers by Nature SD may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
(1) Electronic Communications. The communications between you and Explorers by Nature SD use electronic means, whether you visit Explorers by Nature SD Materials or the Explorers by Nature SD Platform or send Explorers by Nature SD e-mails, or whether Explorers by Nature SD posts notices on the Explorers by Nature SD Platform or in the Explorers by Nature SD Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Explorers by Nature SD in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Explorers by Nature SD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
(2) Release. You agree to bear all risk and hereby release the Explorers by Nature SD Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage or loss, that is either directly or indirectly related to or arises from any Classes, Events, Activities, or interactions with or conduct of other Users or other third-parties. You agree that the safety and wellbeing of you and/or your Children and the loss, theft, or destruction of you and/or your Children’s belongings are your sole responsibility. You agree that you understand that there may be inherent dangers in the Activities, Classes, and Events provided through the Explorers by Nature SD Materials or the Explorers by Nature SD Platform. YOU HEREBY ACKNOWLEDGE THAT YOU AND/OR FOR PARENTS, YOUR CHILDREN, MAY BE SUBJECT TO CERTAIN RISKS BY PARTICIPATING IN ACTIVITIES, EVENTS, OR CLASSES AND YOU AGREE (ON BEHALF OF YOURSELF AS WELL AS ON BEHALF OF YOUR CHILDREN, IF APPLICABLE) TO ASSUME ALL SUCH RISKS AND LIABILITIES ARISING THEREFROM. Explorers by Nature SD reserves the right, but has no obligation, to intercede in any disputes between Users. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
(3) Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Explorers by Nature SD prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(4) Force Majeure. Explorers by Nature SD will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
(5) Limitations Period. YOU AND Explorers by Nature SD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, Explorers by Nature SD MATERIALS THE Explorers by Nature SD PLATFORM OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(6) Arbitration Agreements.
1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Explorers by Nature SD that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of any arbitration agreement entered into by the Parties (“Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings will be held in English. The Arbitration Agreement applies to you and Explorers by Nature SD, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Explorers by Nature SD should be sent to email@example.com. After the Notice is received, you and Explorers by Nature SD may attempt to resolve the claim or dispute informally. If you and Explorers by Nature SD do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
3. Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Explorers by Nature SD made to you prior to the initiation of arbitration, Explorers by Nature SD will pay you the greater of the award or $2,500. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
5. Time Limits. If you or Explorers by Nature SD pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Explorers by Nature SD, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Explorers by Nature SD.
7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Explorers by Nature SD in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EXPLORERS BY NATURE SD WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under the Arbitration Agreement.
(7) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Diego County, California for such purpose.
(8) Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
(9) Notice. Where Explorers by Nature SD requires that you provide an e-mail address, you are responsible for providing Explorers by Nature SD with your most current e-mail address. In the event that the last e-mail address you provided to Explorers by Nature SD is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Explorers by Nature SD dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Explorers by Nature SD at the following email address: firstname.lastname@example.org Such notice will be deemed given when received and confirmed by Explorers by Nature SD.
(10) Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(11) Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
(12) Questions, Complaints, and Claims. If have any questions, complaints, or claims or you believe that Explorers by Nature SD has not adhered to the Terms, please contact Explorers by Nature SD by emailing us at explorersbynatureSD@gmail.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
(13) Construction. The term “including” as used in the Terms means “including but not limited to.”
(14) Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.