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User Agreement


By using this software you agree with the linked Agreements. If you do not agree with these documents, please do not use this service. By clicking here I am stating that I agree with the attached Terms of Use and Privacy Policy.

TERMS OF USE AGREEMENT

THESE TERMS OF USE “Terms of Use” CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THIS SITE, YOU ARE ACCEPTING the Terms of Use AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST US, WITH A FEW EXCEPTIONS, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS.

I. A LEGAL AGREEMENT

This is the legal part of the show. It's just so everybody knows the rules for the Site (as defined below). Children, be sure to get your parents to review and discuss these rules with you: All the videos and games here are just for you to play with. You can't sell them, give them to anyone, or pretend you made them. You can't do anything EXCEPT play with them, unless you ask us first and we say it's OK. Kind of like playing with your big sister's toys, right?

If you see something you don't like, remember that all the stuff in the comments come straight from other children, not from someone at IEP|ONE. IEP|ONE wouldn't tell children what to say, because children have minds of their own! But if someone posts ugly comments, we'll do our best to take care of it. We all want the Site to be a good, clean place to hang out.

If you write something in a comment that catches our eye, we might want to use it on the Site. By posting your thoughts and getting your parent's permission to do so, you and your parents are telling us it's ok to repeat what you say. It's even ok to put it in an advertisement. It means we can use it in any way we want, anywhere, until the end of time. And wouldn't it be cool if we used something YOU said until the end of time?

If you have any issues with the Site, just tell us and we will be happy to help. There are some important rules about using this site, so make sure your parents read the legal stuff below.

Remember to ALWAYS check with your parents before you send anything to us. After all, they might want it to put on the fridge!

Of course, the folks in the legal office have their own special way of saying all that. Here's their version (also known as The Small Print:). In case of conflict between anything above and The Small Print, the latter will control:

This is the official Terms of Use Agreement ("Agreement") for the website, application or other interactive service that includes an authorized link to this Agreement and all other websites, applications and other interactive services you also use that are offered by IEP|ONE, inc.

“IEP|ONE” that is providing this website, application or other interactive service (all such websites, applications and other interactive services are referred to collectively as the "Site").This Site is fully controlled and operated by IEP|ONE.

By accessing and using this Site, you are hereby agreeing to be legally bound by the Terms of Use of IEP|ONE. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Terms of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY, PLEASE DO NOT USE THIS SITE.

II. OWNERSHIP OF INTELLECTUAL PROPERTY

All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of IEP|ONE and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Site or in connection with any particular Material, IEP|ONE hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, without the express prior written consent of IEP|ONE. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Use of avatars, emojis, spiders, robots and similar data-gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

III. REGISTRATION

You may register as a Parent of a child with special needs in order to use the Site. Registration requires that your login to your social media account to confirm your identity. You may then confirm that you have read and agree with the terms of this Agreement, and allow your child to use the app. It is not required that you provide Registration information, however if you do provide registration information, you will not have the opportunity to select recommended questions by an expert or ask any questions, concerns or goals that you have, relating to your child. This will limit the function of the system and the details of your reports. If you do provide your phone number and email address during registration, you will have the option of reviewing recommended questions by IEP|ONE experts and you will be able to enter your questions,

concerns or goals on an open-ended form, so that data relating to your child, may be analyzed for patterns in that data and reported to you. In that process, you may discover things about your child that you did not know, and the reports may reveal facts that closely relate to your specific questions, concerns or goals. This personal information regarding your child, is only shared through the Service reports after registering with your phone number and email address.

lso note that, for your online privacy and security, if other people have access to your device, we recommend you log out of your account after visiting any of the websites, applications or other interactive services that are associated with your account.To learn how we may use the information we collect during the registration process, please read our Privacy Policy.

IV. DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE, AND THE SERVICES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATTERS ASSOCIATED WITH YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, IEP|ONE, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND IEP|ONE DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.

NOTWITHSTANDING ANY CLAIM THAT A SOLE OR EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR DOES FAIL OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE LIMITED TO HAVING IEP|ONE, UPON WRITTEN NOTICE FROM YOU TO US, ATTEMPT TO REPAIR, CORRECT OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE FOR IEP|ONE, TO REFUND ANY MONIES ACTUALLY PAID BY YOU TO IEP|ONE FOR THE GOODS OR SERVICES INVOLVED AND TO TERMINATE AND DISCONTINUE YOUR USE OF THE SITE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SITE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT IEP|ONE ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SITE FOR ANY TRANSACTIONS OR POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You agree to indemnify, defend and hold the Site, IEP|ONE and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any alleged or actual breach or violation of these Terms of Use by you.

IEP|ONE reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with IEP|ONE in the defense of any such claim, action, settlement or compromise negotiations, as requested by IEP|ONE.

VI. TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SITE

IEP|ONE reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, IEP|ONE reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. The Site shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

VII. PRIVACY POLICY

Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.

VIII. ELECTRONIC DELIVERY POLICY

By using this Site, you agree that we may provide to you required notices, agreements and other information concerning the Site electronically by posting on the home page of this Site or on the relevant web page.

IX. DISPUTE RESOLUTION, ARBITRATION AND COST

Informal Dispute Resolution, before either you or IEP|ONE pursues or participate in any Claim against the other party in arbitration or court proceedings, you or IEP|ONE must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to IEP|ONE at Suite 307, 5237 Summerlin Commons Blvd., Fort Myers, Florida 33907, United States, Attention: IEP|ONE, inc. General Counsel. IEP|ONE may send written or electronic notice of its Claim to your email address, IEP|ONE account or any physical or other address IEP|ONE has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim

Arbitration Proceedings.Any arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (the "AAA Rules"), as modified by this Agreement. The AAA Rules, and other information about the AAA, are available at the AAA's website at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website (see "Demand for Arbitration, Consumer Arbitration Rules",under Rules and Forms, Consumer Forms, at https://www.adr.org, but contact the AAA if you have issues locating the form) and arbitration proceedings shall be initiated in the location described in "GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, JURISDICTION AND JURY TRIAL WAIVER" below. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to IEP|ONE, which should be sent to IEP|ONE at the following address: Suite 307, 5237 Summerlin Commons Blvd., Fort Myers, Florida 33907, United States, Attention: IEP|ONE, inc. General Counsel. If your Claim is for $1,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. In all cases, you and IEP|ONE shall exchange documents and other information that you or IEP|ONE intend to use in the arbitration.

Cost. Upon filing of an arbitration demand for Claims up to $2,500, IEP|ONE will reimburse you for all necessary filing, administration and arbitrator fees paid by you to the AAA or, if you wish IEP|ONE to pay such fees directly to the AAA, you must request payment of such fees by IEP|ONE by mail to the AAA along with your form initiating arbitration and IEP|ONE will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse IEP|ONE for all fees associated with the arbitration paid by IEP|ONE on your behalf. You agree that IEP|ONE shall have no obligation to pay any other fees except as determined by the arbitrator.

For Claims that total more than $2,500, the AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.

X. ARBITRATION LOCATION, AND JURY TRIAL WAIVER

Arbitration Location.You or IEP|ONE shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) IEP|ONE may request to transfer the arbitration to Lee County, Florida if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Lee County, Florida or (ii) if you do not agree to such request, IEP|ONE shall have right to request that the arbitrator determine the location in which the arbitration shall be held.

Jury Trial Waiver.o the extent it may be applicable, you and IEP|ONE agrees to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND IEP|ONE WAIVE ANY RIGHT TO A JURY TRIAL.

XI. MISCELLANEOUS

IEP|ONE operates and controls this Site from its offices at Suite 307, 5237 Summerlin Commons Blvd., Fort Myers, FL 33907, United States of America. This Site is intended exclusively for residents of the United States. We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is IEP|ONE responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.

XII. IF YOU DO NOT AGREE WITH ALL OF THE PROCEEDING TERMS OF USE AND THE PRIVACY POLICY, PLEASE DO NOT USE THIS SITE

XIII. These Terms of Use were last updated on February 2, 2018