Terms & Conditions

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Introduction

Get Curious Together online community portals, are powered by ZUNI Learning Tree LLC (“ZUNI Learning Tree,” “we,” “our” or “us”). The following Terms and Conditions (“Terms”) explain the agreement you make with us when you purchase a subscription and when you accept, use, or direct someone else to use login credentials (whether on behalf of yourself or another party), for access to our online portal, mobile applications, or any of our live or digital services (collectively, the “Services”). When you agree to these Terms, you also consent to the handling of the information submitted to us through your subscription according to the collection, use, sharing, and protection practices described in the ZUNI Learning Tree Privacy Policy.

Your Obligations

ZUNI Learning Tree offers its services for use by teachers and parents, and for enjoyment by children only under adult supervision. We will not issue login credentials directly to children under 18 years old.

If you are under 18 years old, your school, teacher, parent, or guardian must enter into this agreement on your behalf, and will be responsible for all use of the Services, including financial responsibility and responsibility for conduct on ZUNI Learning Tree’s website, mobile application, and other live or digital services. If you are an adult entering into this agreement for purposes of providing access to the Services on behalf of a minor, you agree to be bound by these Terms in respect of such minor’s use of the Services.

We encourage teachers, parents, and guardians to talk with their students about how they communicate online and how to navigate the Internet safely. The Services are designed for both teachers and children. However, when we provide links to outside websites for children to enjoy, we cannot guarantee that their safety standards meet those of Zuni Learning Tree or that users will refrain from navigating beyond them to unvetted third party websites.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. In addition, a fully engaged supervisory role on the part of teachers, parents, and guardians is vital to ensure a safe and enriching online learning experience with ZUNI Learning Tree, as with any online resource.

By subscribing to and using our Services, you represent that you are authorized and able to do so. If you use our Services on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. You agree not to provide false information, or use a name or post any content anywhere on the Services that is disparaging, offensive, unauthorized, or otherwise unlawful.

You agree that we will not be liable, and you will indemnify, hold harmless and reimburse us for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and conditions set out herein.

Intellectual Property

Our Content

All of the content on the ZUNI Learning Tree websites, mobile applications, and other publications (our “Content”), including but not limited to images, illustrations, graphics, layout, audio files, video files, and text, is the exclusive property of ZUNI Learning Tree, one of our affiliates, or third parties who have licensed or assigned their rights, interests or materials to ZUNI Learning Tree, and is subject to trademark, service mark, trade dress, copyright or other intellectual property rights or licenses. Our Content, including the entire zunilearningree.com website, is subject to copyright under U.S. and international copyright laws. Specifically, ZUNI Learning Tree owns the copyright in the selection, design, arrangement, and enhancement of our websites.

No right, title or interest in any Content are transferred to you as a result of any such downloading, printing, or storing. ZUNI Learning Tree reserves complete title and full intellectual property rights in any Content you download from this website.

Your Posted Content

ZUNI Learning Tree may provide the ability for you to post comments and to upload or submit your own images or other content on this and our other public websites and services (“your posted content”). You agree that you will not be entitled to any compensation for your posted content, from ZUNI Learning Tree or any of our affiliates or partners. You further represent and warrant that you have the necessary rights and authority to use and publish all information and content posted or made available by you on and through the Services, and to grant the licenses given to ZUNI Learning Tree in these Terms.

By doing so, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, store, copy, modify, translate, publish, display, perform, distribute, transfer, and sublicense your posted content for any purpose and in any and all media or distribution methods (now known or later developed). Notwithstanding the foregoing, ZUNI Learning Tree will not, unless we believe it is necessary to comply with the law, to meet national security requirements, or to protect us, our customers, or third parties from illegal, unauthorized, or unethical activity, use your posted content in the following ways without receiving your prior written authorization: (i) to promote or market the Services by any action; (ii) to make your posted content available to third parties outside your school district for purposes other than making technical improvements to the Services or transmitting, displaying, or distributing the Services in various media, networks, forms and devices; or (iii) in a manner that would change the classroom visibility of your posted content as intended by your teacher, parent, and/or guardian.

ZUNI Learning Tree reserves the right in its sole discretion to remove your posted content due to alleged violation of the intellectual property or other interests of ours or third parties, without prior notice or liability to you.

You agree that ZUNI Learning Tree will not be liable, and you will indemnify, hold harmless and reimburse us for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above. Failure to comply with any of the terms and obligations set out in this section will be a breach of these Terms and may result in termination of services to you and prosecution for damages.

DMCA Notices

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to our designated Copyright Agent at zuniteam@zunilearningtree.com:

Termination

You may end your use of our Services at any time for any reason by discontinuing your use of the Services. Additional terms regarding the termination of your use of the Services may apply in the case of certain ZUNI Learning Tree services such as special subscriptions or limited-duration offers, and you should refer to our agreements with you in connection with those services for further details.

We may suspend or terminate your accounts (or stop providing you with all or part of the Services) at any time for any reason, including, but not limited to, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for ZUNI Learning Tree; or (iii) the Services are no longer commercially viable.

In the case of any suspension or termination of your use of our Services, these Terms and Conditions and our Privacy Policy will continue to be in full force and effect.

Disclaimers and Limitations of Liability

This section limits the liability of ZUNI Learning Tree and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors. BY USING THE SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.

The Services are Available "AS-IS"

To the maximum extent permitted under applicable law, ZUNI LEARNING TREE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. ZUNI LEARNING TREE DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE OR (ii) ANY CONTENT SUBMITTED OR PUBLISHED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.

ZUNI Learning Tree makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, security or reliability of the Services or any online services linked to our websites or mobile applications; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure or error-free basis; and (v) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms and Conditions. No advice or information, whether oral or written, obtained from ZUNI Learning Tree or through the Services, will create any warranty not expressly made in these Terms and Conditions.

External Links

We may provide external links from this website to outside services and resources for your convenience. In addition to the warnings regarding the appropriateness for children of links to outside websites discussed under “Your Obligations” above, ZUNI Learning Tree is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by ZUNI Learning Tree of the websites, resources or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party website or resource.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZUNI LEARNING TREE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY SERVICES PURCHASED OR ACCEPTED ON OR THROUGH, OR CONTENT OBTAINED FROM, THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT ZUNI LEARNING TREE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Indemnification

By using the Services, you agree to indemnify, hold harmless, and reimburse ZUNI Learning Tree and its officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) that arise from or relate to your use or access of the Services, unless a court of competent jurisdiction enters a final judgment that the claim, liability, obligation, settlement, loss, expense, debt or damage was the result of affirmative and intentional actions or omissions by ZUNI Learning Tree. ZUNI Learning Tree reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with ZUNI Learning Tree in the defense.

General Terms

Waiver and Severability

The failure of ZUNI Learning Tree to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.

Controlling Law and Jurisdiction

These Terms and any dispute related to them will be governed by the laws of Arkansas without regard to conflicts of law principles. Subject to the dispute resolution terms set out below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Little Rock, Pulaski County, Arkansas, United States, and you consent to the exclusive jurisdiction and venue of those courts.

Dispute Resolution

You agree that you will notify ZUNI Learning Tree in writing of any dispute or problem related to the Services. ZUNI Learning Tree will have thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed: ZUNI Learning Tree, Inc., Attn: Dispute; 1840 College Avenue; Conway, Arkansas 72034.

Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Little Rock, Pulaski County, Arkansas, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.

Consent to Electronic Communication

By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, emails sent to the email address you provide to us and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from ZUNI Learning Tree will be deemed effective when sent to the email address associated with your account or when posted publicly on the Services.

Entire Agreement

These Terms and the Privacy Policy are the entire and exclusive agreement between ZUNI Learning Tree and you about the Services. These Terms supersede and replace any other or prior agreements between ZUNI Learning Tree and you about the Services. Other than users of the group of companies of which ZUNI Learning Tree LLC, is the parent, no other person or company will be third party beneficiaries of the Terms.

If these Terms conflict with any other documents, these Terms will control.

These Services are operated and provided by ZUNI Learning Tree LLC, 1840 College Avenue; Conway, Arkansas 72034. If you have any questions about the Terms, please contact us at zuniteam@zunilearningtree.com.

By registering for or using the Services in any manner, including but not limited to visiting or browsing ZUNI Learning Tree websites or mobile applications, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies and/or procedures that may be published by ZUNI Learning Tree from time to time on the Services, each of which is incorporated by reference and may be updated by ZUNI Learning Tree at any time without notice to you. These Terms apply to all users of the Services without exception.

Updates to these Terms and Conditions

These Terms were most recently updated on January 2023. We may, from time to time, update or modify these Terms without prior notice. We will post those changes here in a revised version of Terms and Conditions, noting the most recent date of any changes. By visiting zunilearningtree.com or any of our affiliated websites, using any of our live or digital services, or communicating with us in person, on the phone, or electronically, you agree to the most recent version of these Terms. If we believe in our sole discretion that a revision is material, we may also notify you by e-mail.