TERMS OF USE ("Terms")

1. ACCEPTANCE OF TERMS

Please read these Terms of Use ("Terms", "Terms of Use") as part of your use of the Endless Learning Academy application ("ELA") operated by Originator Inc. (“Originator”, "us", "we", or "our").

Your access to and use of ELA is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use ELA.

By accessing or using ELA you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access ELA.

2. PRIVACY POLICY

Your use of ELA is subject to Originator’s Privacy Policy. Please review our Privacy Policy, which also governs ELA and informs users of our data collection practices.

3. CONTENT

The content in ELA includes copyrighted material and intellectual property owned by Originator. Content in ELA is downloaded or may be streamed. All content, whether downloaded or streamed, should only be accessed through ELA. Originator reserves the right to modify the content in ELA at any time.

4. SUBSCRIPTION

An active subscription provides access to all content available in ELA.

• At the end of any free trial offered, you will be charged for your first paid subscription period unless auto-renew is turned off at least 24-hours before the end of the trial period. If no free trial applies, you will be charged at confirmation of purchase.
• You can cancel at any time with no cancellation fee.
• Payments will be charged to your app store account or an account you set-up directly with us.
• You can use your subscription on any device registered with your app store account, or in the case of an account created directly with Originator, on any device for which we have made MT available.
• Monthly and annual subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current active period.
• You can manage your app store subscription and auto-renewal settings by going to account settings on your device, or in the case of subscriptions on an account created directly with Originator, on the website at www.endlesslearningacademy.com.

5. INTELLECTUAL PROPERTY

ELA and its original content, features, and functionality are the exclusive property of Originator. ELA is protected by copyright, trademark, and other laws in the United States and in foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Originator.

6. LINKS TO OTHER WEB SITES

ELA may contain links to third party websites or services that are not owned or controlled by Originator. Originator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that Originator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We recommend you read the terms and conditions and privacy policies of any third-party websites or services that are linked from ELA.

7. TERMINATION

We may terminate or suspend your access to ELA immediately, without prior notice or liability, for any reason whatsoever, including your breach of the Terms of Use. Upon termination, your right to use ELA will immediately cease.

8. LIMITATION OF LIABILITY

In no event shall Originator, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, from loss of profits, data, use, or goodwill, and any other intangible losses resulting from (i) your access to or use of or inability to access or use ELA; (ii) any content included in or obtained from ELA; and (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

9. DISCLAIMER

Your use of ELA is at your sole risk. ELA is provided on an "AS IS" and "AS AVAILABLE" basis. ELA is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Originator and its subsidiaries and affiliates do not warrant that a) ELA will function uninterrupted, securely or be available at any particular time or location; b) errors or defects in ELA will be corrected; c) ELA is free of viruses or other harmful components; or d) the results of using ELA will meet your requirements.

10. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of California in the United States. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and Originator regarding ELA, and supersede and replace any prior agreements we may have regarding ELA.

11. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use ELA after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must not use ELA.

12. CONTACT US

If you have any questions about these Terms, please contact us at info@originatorkids.com.