Terms

By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality, and services offered on or through this website, web page, client portal, or mobile application, or Chroma Early Learning Academy’s e-mails, texts, posts, and other electronic messages (collectively, referred to as the “Site”), users are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and are responsible for compliance with any applicable local laws. If any user does not agree with any of these terms, they are prohibited from using or accessing this Site. The Site and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Chroma Early Learning Academy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, as applicable. Chroma Early Learning Academy reserves the right to withdraw or amend the Site, and any service or material provided on the Site, at its sole discretion without notice. The Academy will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

Use License

Permission to use and access this Site is the grant of a limited license, not a transfer of title, and the limited license to use or access the Site shall automatically terminate if any user violates any of these restrictions and may be terminated by Chroma Early Learning Academy at any time for any reason or no reason.

When using or accessing the Site, users may not:

• Modify or copy any material or Services;

• Use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);

• Attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;

• Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;

• Remove any copyright or other proprietary notations from the material; or

• Transfer the materials to another person or entity or “mirror” the material on any other server.

Posting Content

In these Terms and Conditions of Use, “Content” shall mean any audio, video, text, images, or other material, including comments or feedback, users choose to post on or submit to Chroma Early Learning Academy via the Website. With respect to Content, by posting it in a way that is visible to the public, users grant the Academy a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it on the Site and in any and all media. Content must be original and must not infringe on any third party’s rights or violate any of the restrictions in the subsection below. Chroma Early Learning Academy reserves the right to remove any Content from the Site at any time, and for any reason, without notice.

Without limiting the foregoing, users agree not to use, or permit to be used, any messaging capabilities or any Services on the Site that permit text entry or the uploading or posting of audio, video, or images to post, transmit, or disseminate any:

• Unsolicited material to persons or entities that have not agreed to receive such material or to whom the user does not otherwise have a legal right to send such material;

• Material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers;

• Material or data that is illegal, harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Chroma Early Learning Academy and/or its third-party service providers;

• Material or data related to illegal drugs (e.g., marijuana, cocaine) or pharmaceuticals;

• Material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to Chroma Early Learning Academy’s equipment or facilities and/or those of any third party; or

• Material or information that is false or misleading, or likely to mislead or deceive.

Permission to use and access this Site is the grant of a limited license, not a transfer of title, and the limited license to use or access the Site shall automatically terminate if any user violates any of these restrictions and may be terminated by Chroma Early Learning Academy at any time for any reason or no reason.

Disclaimer

Users understand that Chroma Early Learning Academy cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the site for any reconstruction of any lost data. THE ACADEMY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT A USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. CHROMA EARLY LEARNING ACADEMY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE ACADEMY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.

Limitation of Liability

IN NO EVENT WILL CHROMA EARLY LEARNING ACADEMY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON THE SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Users agree to defend, indemnify, and hold harmless Chroma Early Learning Academy, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to violation of these Terms and Conditions of Use and use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms and Conditions of Use or use of any information obtained from the Site.

Revisions and Errata

The materials appearing on the Site could include technical, typographical, or photographic errors. Chroma Early Learning Academy does not warrant that any of the materials on the Site are accurate, complete, or current. The Academy may make changes to the materials contained on the Site at any time without notice. However, it does not make any commitment to update the materials.

Links

Chroma Early Learning Academy has not reviewed all of the third-party websites linked to by the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Chroma Early Learning Academy of the third-party website. Navigation to and use of any such linked website is at the user's own risk.

Site Terms of Use Modifications

Chroma Early Learning Academy may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, users are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to the Site shall be governed by the laws of the State in which Chroma Early Learning Academy is headquartered without regard to its conflict of law provisions.

Entire Agreement

These Terms and Conditions of Use, along with the Privacy Policy and any other relevant document, constitute the sole and entire agreement between Chroma Early Learning Academy and users with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

Mobile Messaging Service Terms & Conditions

Chroma Early Learning Academy’s Mobile Messaging Service is provided by Thryv, Inc. and is subject to the following terms and conditions.

Thryv, Inc. (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If a user does not wish to continue participating in the Program or no longer agrees to these Terms, they can reply “STOP” to any mobile message from Us in order to opt out of the Program.

User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program. Regardless of the opt-in method utilized to join the Program, users agree that these Terms apply to their participation in the Program. The mobile messaging service used by Chroma Early Learning Academy to communicate with users requires human intervention for mobile messages to be initiated, and thus, mobile messages are not sent to users by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, users agree to receive autodialed marketing mobile messages and understand that consent is not required to make any purchase from Chroma Early Learning Academy.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages from Chroma Early Learning Academy’s customers, for alerts, coupons, specials, and promotions.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on a user’s interaction with Chroma Early Learning Academy.

Contact Information: For support, users may text any of Chroma Early Learning Academy’s mobile messages, or email help@chromaela.com.

User Opt-Out and Additional Commands: To opt out (discontinue participation in the Program), users may reply “STOP” to 85100, or to any of Chroma Early Learning Academy’s mobile messages from their mobile device. This is the easiest and preferred method to opt out of the Program. An additional mobile message confirming the decision to opt out may be received. Users may also opt out by texting “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL” to 85100 or to any of Chroma Early Learning Academy’s mobile messages received, or by contacting Chroma Early Learning Academy via the means provided above and clearly communicating the intent to unsubscribe from the Program. For additional support, users may text “HELP” to 85100 to get help.

MMS Disclosure: The Program will send SMS MTs if the user’s mobile device does not support MMS messaging.

Disclaimer: The Program is offered on an “as is” basis. Chroma Early Learning Academy will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from the user’s wireless service provider/network operator and is outside of Chroma Early Learning Academy’s control. The wireless service provider/network operator is not liable for delayed or undelivered mobile messages. Participation in the Program is at the user’s sole discretion and risk, and if the user is dissatisfied with the Program, message content, or these Terms, they should opt-out and cease use of the Program.

Privacy Policy: Chroma Early Learning Academy respects the privacy of its users and will only use the information provided to transmit mobile messages and respond if necessary. CHROMA EARLY LEARNING ACADEMY DOES NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, Chroma Early Learning Academy reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect its rights or property. When completing forms online or otherwise providing information in connection with the Program, users agree to provide accurate, complete, and true information. Users agree not to use a false or misleading name or a name that they are not authorized to use. If Chroma Early Learning Academy, at its sole discretion, believes that any such information is untrue, inaccurate, or incomplete, or that a user has opted into the Program for an ulterior purpose, Chroma Early Learning Academy may refuse access to the Program and pursue any appropriate legal remedies. This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between users and Chroma Early Learning Academy in other contexts.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between Chroma Early Learning Academy and a user, or between a user and any third-party service provider acting on Chroma Early Learning Academy’s behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Chroma Early Learning Academy’s Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be determined by arbitration in Dallas, Texas, before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of Texas, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”). To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby. The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing, and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses, and arbitrators and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

Miscellaneous: Users warrant and represent to Chroma Early Learning Academy that they have all necessary rights, power, and authority to agree to these Terms and perform their obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place them in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Chroma Early Learning Academy reserves the right to change these Terms from time to time. Any material updates to these Terms shall be communicated to users. Users acknowledge their responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, users accept these Terms, as modified.