TERMS & CONDITIONS

Terms & Conditions

eXL Learning, LLC @ Lowry and Stanley Marketplace

INCLUDED:
• eXL Statement of Consent
• eXL Privacy Policy
• eXL Release From Liability
• Code of Conduct

These terms apply to all programs operated by eXL Learning, LLC. (Referred to as “eXL”) and apply to all courses, options, and programs offered by eXL.

STATEMENT OF CONSENT
By authorizing the participant to attend eXL programs, the parent/guardian must agree to the statement of consent and the participant Code of Conduct. All information we collect is CONFIDENTIAL and is used to aid our staff and instructors in assessing crucial information regarding the participant.
Upon registration, you will need to submit information to eXL about the participant including gender, date of birth, emergency contact information and any other information that you consider helpful to the well-being of your child or the student. We ask for a Primary Contact Person in case of emergency (in addition to an optional Secondary Contact Person) and information concerning these parties—such as name of contacts and phone numbers. This information is to be filled out by the parent/guardian or adult student. If you have any questions, please contact our Administrative office at 303.364.9581.

You certify that participant is in good health and able to participate in the program activities. You authorize the staff to attend to urgent health problems or injuries by calling 911 that your son/daughter/ward/self incur while attending our programs. You acknowledge that you are responsible for medical expenses due to illness or injury.  We do not administer medications at any time to participants.  If they need medications during the time they are in any eXL programming, it is the sole responsibility of parent or guardian to bring and dispense.  

Lost, Stolen, or Damaged Property: You will be responsible for personal or property damage incurred by your son/daughter/ward/self while attending a program. eXL is not responsible for personal belongings lost or damaged by casualty, theft, etc. You agree to pay the replacement costs for lost or damage items—in accordance with the policy at each program. You agree to accept full responsibility, financial or otherwise, for the conduct of your participant—including damage to equipment or facilities. eXL does not owe a duty to protect its participants from theft or damage to property. You will not hold eXL responsible for any lost, stolen, or damaged personal items.

Inherent Risks of Injuries. You are aware that your son/daughter/ward/self may be participating in activities such as recreational or crafting activities, and that such activities contain inherent risks of injuries. You assume all risks and understand that eXL, its owners, agents, partners, facility providers, and employees will not be held liable for damages or injuries associated with recreational activities.

You understand that all images, testimonials, photos, video, and audio taken at or in connection with eXL are the sole and exclusive property of eXL. As a condition of participation, you must understand and authorize that photos may be taken of your participant. You also understand and agree that said content may be used by eXL in promotional materials, marketing collateral, and online media. We do not use names in association with any of our publications or promotional materials but will ask special permission of guardian or parent if we would like to do so.

You understand that all projects and work created by participants while at eXL may be used by eXL in promotional materials, online, and other print media, at no cost to eXL. These projects may be shared and used without cost to eXL or other organizations that work with eXL.

You understand that movies and videos played at any of the programs run by eXL are rated PG and PG-13 and selected at the sole discretion of eXL. You understand that video and computer games used at any of the programs run by eXL are selected at the sole discretion of eXL staff.

You understand that some eXL game development courses require creation or use of an online account during instructional time, or will require an online account to be created for access to games and networked gameplay. Parental/guardian consent is required and granted to create an online account when appropriate (for students under the age of 13) to activate take-home software.

Games Rated “T” and “M”— Our Responsibility: eXL courses and activities may involve gaming. eXL has adopted the policy of allowing the use of select games rated “E” for Everyone, “T” for Teen. You understand that eXL cannot guarantee that younger participants at eXL will avoid exposure with the games rated “T” for Teen, or “M” for Mature. eXL will make a concerted effort to minimize exposure to any games not appropriate for these age groups.

Participant Projects: You understand that eXL makes a reasonable effort to send each participant home with a working game or project, or posts the participant’s project to a project website. However, there will be instances when the game or project will not work on an individual’s home system. In these rare cases, eXL does not take responsibility for non-functioning/non-compatible/non-complete games or projects. Refunds will not be issued for non-functioning/non-compatible/non-complete projects.

Course Cancellation: You understand that eXL reserves the right to cancel a course. If a course is cancelled, you understand that you may enroll your child or yourself in another course. If none are available for the same dates, a refund will be issued for all monies paid to eXL for the cancelled course. Alternatively, the tuition paid for the cancelled course can be applied to a voucher that can be used during that same session or future sessions as space permits.

Non-Traditional, Blended Educational Environment: eXL believes in a non-traditional, blended learning environment. Age ranges may vary. We remind all participants that this is an extra-curricular environment, and we typically blend activities with our technology courses.

CANCELLATION AND PAYMENT POLICY: Tuition is non-refundable if student cancels enrollment in a traditional after-school course or workshop within 1 week of start date. Tuition for learning adventures is non-refundable if student cancels participation within 6 weeks of start date. However, tuition credit may be applied to other courses offered within 1 year of the cancelled course. Full payment is required at the time of registration for learning Adventure s. A $25 returned check fee will be assessed for any checks returned.  If requesting full refund within allotted time there will be 10% (of total) processing fee withheld from refund.
Cancellations that qualify for a refund must be made by contacting the Administration office of eXL at 303.364.9581, or submitted in writing.
No refunds will be issued for early withdrawal or dismissal from courses, workshops or camps due to absences, or dismissals due to behavioral issues.

PRIVACY POLICY
Law Enforcement and Safety: We may access, preserve, and/or disclose the information we collect and/or content you and/or your child provides to us (including information posted on our forums) to a law enforcement agency or other third parties if required to do so by law or with a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions of our websites; (iii) respond to claims that the content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of the owners or users of our websites, a third party or the general public. We also may disclose information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of others.

Service Providers: Information collected through eXL websites may be transferred, disclosed or shared with third parties engaged by us to handle and deliver certain activities, such as payment processing or mail/e-mail distribution, and to perform other technical and processing functions, such as maintaining data integrity, programming operations, user services or technology services. We may provide these third parties information collected as needed to perform their functions, but they are prohibited from using it for other purposes and specifically agree to maintain the confidentiality of such information. Some of these providers, such as payment processors, may request additional information during the course of offering their services. Before you provide additional information to third party providers, we encourage you to review their privacy policies and information collection practices.

Business Transfer: During the normal course of our business, we may sell or purchase assets. If another entity may acquire and/or acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through our websites in a manner that is consistent with this privacy statement.

Our Commitment to Children’s Privacy: Protecting the privacy of children is paramount. We understand that users and visitors of our websites who are under 13 years of age need special safeguards and privacy protection. It is our intent to fully comply with the Children’s Online Privacy Protection Act (COPPA).
Our websites are intended for general audiences. We do not knowingly permit anyone under 13 years of age to provide us with personal information without obtaining a parent’s or guardian’s verifiable consent, except where:
• the sole purpose of collecting the name or online contact information of a parent or child is to provide notice and obtain parental consent;
• the purpose of collecting a parent’s online contact information is to provide voluntary notice to, and subsequently update the parent about, the child’s participation in our Sites & Services that do not otherwise collect, use, or disclose children’s personal information;
• the sole purpose of collecting online contact information from a child is to respond directly on a one-time basis to a specific request from the child, and where such information is not used to re-contact the child or for any other purpose, is not disclosed, and is deleted by us promptly after responding to the child’s request;
• the purpose of collecting a child’s and a parent’s online contact information is to respond directly more than once to the child’s specific request, and where such information is not used for any other purpose, disclosed, or combined with any other information collected from the child;
• the purpose of collecting a child’s and a parent’s name and online contact information, is to protect the safety of a child, and where such information is not used or disclosed for any purpose unrelated to the child’s safety;
If we receive the verifiable consent of a child’s parent or guardian to collect, use and/or disclose the child’s information, we will only collect, use and disclose the information as described in this privacy statement. Some features of our websites permit a child user to enter comments, such as forums and chat rooms, through which the child could provide personal information that would be visible to other users. If you are the parent or guardian of a child user, please advise your child of the risks of posting personal information on the websites or any other site.

Parental/Guardian Rights: If you are a parent or guardian, and would like your child’s photo deleted please e-mail us [email protected] contact us at 303.364.9581.

Data Security Commitment: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect. We use Pay Simple as our credit card processing company. Powered by Trustwave’s TrustedSentry, PaySimple has an Intrusion Detection Service (IDS) with the latest defenses against stealthy, malicious and suspicious network activity. TrustedSentry’s “intelligent” IDS service alerts you of any attempt to access your network by unauthorized third parties. Trustwave Systems monitors the PaySimple Solution 24x7x365.  This service is used to protect sensitive personal information. Sensitive data is encrypted on our websites and those of our trusted certified partner, vendor websites and servers.

Privacy Statement Changes: We reserve the right to change, modify, add, or remove portions of this privacy statement at any time. If we materially change our use of your personal information, we will announce such a change on relevant websites, and will also note it in this privacy statement.

Your Credit Card Information and Transactions are Secure: For your convenience, you can pay for your orders by credit card, gift card or check. We use state-of-the-art Secure Socket Layer (SSL) encryption technology to safeguard and protect your personal information and transactions over the Internet. Your information, including your credit card information, is encrypted and cannot be read as it travels over the Internet.

Background Checks: At eXL, we require criminal background checks for Directors, Learning Facilitators, Instructors, Tutors, Assistants, and other staff who will be onsite for any duration of time other than end of session family events at our locations. We take the safety and security of our participants very seriously and require criminal background checks for anyone authorized by eXL to be in contact with the participant for the duration of the course or learning Adventure.

Copyright & Intellectual Property Policy – No Unauthorized Use: You agree that you and your participant will not use the social networking sites to offer, display, distribute, transmit, route, provide connections to, or store any material that infringes copyrighted works, trademarks, or service marks or otherwise violates or promotes the violation of the intellectual property rights of any third party. eXL Learning, LLC., has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the intellectual property or proprietary rights of others.

DISCLAIMER: BY USING THE SOCIAL NETWORKING SITES OR SUBMITTING A MEMBER SUBMISSION, YOU AGREE THAT EXL LEARNING, LLC., IS NOT RESPONSIBLE, AND WILL IN NO EVENT BE HELD LIABLE, FOR ANY: (A) LOST, ILLEGIBLE, MISDIRECTED, DAMAGED, OR INCOMPLETE MEMBER SUBMISSIONS; (B) COMPUTER OR NETWORK MALFUNCTION OR ERROR; (C) COMMUNICATION DISRUPTION OR OTHER DISRUPTIONS RELATED TO INTERNET TRAFFIC, A VIRUS, BUG, OR WORM OR NON-AUTHORIZED INTERVENTION; OR (D) DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHERWISE FROM YOUR ACCESS TO THE SITE OR SERVICES. THE SITE, SERVICES, EXL LEARNING, LLC. CONTENT AND MEMBER SUBMISSIONS ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. EXL LEARNING, LLC., AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, SERVICES, EXL LEARNING, LLC. CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF SERVICES OR YOUR SUBMISSION OF A MEMBER SUBMISSION WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, EXL LEARNING, LLC., MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION: You agree to defend, indemnify, and hold eXL, its members, managers, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of social networking sites, their services, eXL Content and Member Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party or infringed or violated any third party intellectual property right, publicity, confidentiality, property or privacy right.

RELEASE FROM LIABILITY: ON BEHALF OF YOUR SON/DAUGHTER/WARD/SELF, THE PARENT/GUARDIAN HEREBY RELEASES EXL, ITS OWNERS, MEMBERS, MANAGERS, AGENTS, PARTNERS, FACILITY PROVIDERS AND EMPLOYEES FROM LIABILITY (INCLUDING CLAIMS BASED UPON NEGLIGENCE) FOR DAMAGE OR INJURY TO YOUR SON/DAUGHTER/WARD/SELF OR DAMAGE OF ANY PERSONAL PROPERTY, ACCEPTING YOURSELF THE FULL RESPONSIBILITY FOR ANY AND ALL SUCH DAMAGE OR INJURY WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM ANY NEGLIGENT ACTS OR ACTIVITIES ASSOCIATED WITH eXL. TO THE EXTENT THIS RELEASE CONFLICTS WITH STATE/PROVINCIAL LAW GOVERNING RELEASES, THIS RELEASE IS TO BE GIVEN THE FULLEST FORCE AND EFFECT PERMITTED UNDER STATE/PROVINCIAL LAW. SHOULD ANY PART OF THIS CONTRACT BE FOUND INVALID OR NOT ENFORCEABLE BY A COURT OF LAW, THEN THE REMAINING PORTION SHALL CONTINUE TO BE VALID AND IN FORCE.
YOU UNDERSTAND THAT THERE IS RISK OF INJURY TO THE NAMED PARTICIPANT BECAUSE OF ACTIVITIES, AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF SUCH INJURY. BY COMPLETING THE ONLINE REGISTRATION OR GENERAL REGISTRATION AND SUBMITTING IT WITH PAYMENT TO eXL, IT CERTIFIES THAT YOU, THE PARENT/GUARDIAN, AGREE TO THE TERMS STATED WITHIN, AND WILL TAKE THE TIME TO ENSURE THAT ALL INFORMATION IN THE REQUIRED FORMS WILL BE UP-TO-DATE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, PRIOR TO ATTENDING THE eXL PROGRAM.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY BOTH PARTIES.

ARBITRATION IN LIEU OF LITIGATION: You agree that any dispute arising out of or relating to this Agreement, your participant’s participation at eXL, or otherwise arising between the parties, including, without limitation, any participants statutorily created or protected rights, as permitted by applicable state/provincial or federal laws, may be settled by arbitration in the state/province and county in which the class or program is held, in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The prevailing party in the arbitration shall be entitled to recover expenses including costs and reasonable attorney’s fees associated therewith. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force. You hereby acknowledge that you understand the terms of the ARBITRATION AGREEMENT, and agree to comply with all its terms and provisions.

DISCLAIMER
CHANGES TO SERVICES: eXL may change these provisions at any time. For example, we may add, delete or amend terms of functions, and policies as defined within the Terms and Conditions agreement as set forth.
RIGHTS RESERVED: eXL Learning, LLC., reserves the right to update or modify these Terms and Conditions on the website at any time.   We reserve the right to cancel a course if participation numbers are inadequate: In the case a suitable eXL replacement course is not found, a full refund will be issued.

Code of Conduct
For our Learning Program to be fun and safe, there needs to be rules.  It is each
students’ responsibility to follow the policies listed below. Please review these simple rules with your child.
• Follow directions always.
• Give turns and share with others.
• Solve problems positively.
• Be a friend and include and help others.
• Keep hands and feet to yourself always.
• Use polite words in an appropriate voice.
• Respect all property.
• Care for and encourage one another.
• Clean up and keep area neat for others.
• Accept consequences.
• No cell phones or any other electronic devices allowed during instruction.
• THERE IS A ZERO TOLERANCE POLICY FOR HITTING AND BULLYING.
• THERE IS A ZERO TOLERANCE POLICY FOR STEALING.
• THERE IS A ZERO TOLERANCE POLICY FOR DISRESPECTING STAFF.

Any breach of the Rules or the Code of Conduct will initiate a disciplinary action. eXL Learning reserves the right
to suspend or dismiss a student’s participation in activities, without refund of camp tuition, if such disciplinary action is required. Before such a decision is fully made, the student and parent/guardian will meet with camp coordinator to determine the best course of action.

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