Terms and Conditions
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GODDARD FRANCHISOR TERMS AND CONDITIONS

Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Goddard Franchisor, LLC (“GFL”, “our” or “we”), including, but not limited to, goddarschool.com and goddardschoolfranchise.com, as well as any online features, services and/or programs offered by GFL and/or its affiliates, including but not limited to Goddard Systems, LLC, the manager of The Goddard School ® franchise system where these Terms are posted (collectively, the “Website”).

GFL is the franchisor for The Goddard School franchise system relating to the establishment and operation of pre-school early learning centers throughout the United States (each a “School”). Under the terms of GFL’s franchise agreement, GFL provides certain authorizations, licenses and other rights to third party franchisees (each an “Authorized Franchisee”). Authorized Franchisees own and operate their own Schools under the quality assurance and other guidelines established by GFL and/or its affiliates but each School is otherwise independent of GFL and its affiliates’ control. Neither GFL nor its affiliates are engaged in the delivery of education or instructional services of any type, nor are they a licensed education institution in any jurisdiction and do not actually operate any School. GFL is not responsible for the operation of any School or for the conduct of its Authorized Franchisees, including any Internet sites that they may operate (whether or not linked to a Website, as defined below) and their collection and use of personal information. However, as a convenience to our Authorized Franchisees, we host the web pages maintained by Authorized Franchisees on the Website. These Terms also apply to all web pages maintained by Authorized Franchisees on the Website.

These Terms do not apply to web pages operated and/or owned by an entity other than GFL and/or its affiliates. Users of web pages operated and/or owned by entities other than GFL and/or its affiliates should refer to the Terms and Conditions in effect for the applicable web page owner.

By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. The Website is not intended for, or designed to be used by or attract, children under the age of thirteen (13).

  1. CONVENIENCE AND INFORMATION ONLY

    . The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, neither GFL nor its affiliates and/or any Authorized Franchisee warrants or represents that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) GFL, its affiliates, or any Authorized Franchisee has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained by you in response to questions asked through the Website is accurate or complete.

  2. SITE USE AND CONTENT

    . You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of GFL. We may make changes to the Website and/or to the services described in these Terms at any time and without further notice to you.

  3. USER ACCOUNT, PASSWORD AND SECURITY

    . When and if User Accounts are used in connection with the Website, the following shall apply.

    1. (a) USER ACCOUNT.

      For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information, and all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection and is not expected to be read in an intelligible form as it travels to the Website. You, however, are ultimately responsible for protecting your UserID, password, User Account and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify GFL of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. All credit card information that you provide in connection with making a purchase through the Website is transmitted using AES 256-bit encryption technology and processed by a trusted third party merchant processor.

    2. (b) ACCURATE INFORMATION.

      In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if GFL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

    3. (c) NON-TRANSFERABILITY OF USER ACCOUNT.

      User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.

  4. DISCLAIMERS.



    1. (a) NO WARRANTIES.

      You expressly agree that your use of the Website is at your sole risk. The Website and the content are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Neither GFL nor its affiliates nor any Authorized Franchisee make any representations or warranties that the Website, the Content or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected or that the web pages on the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components. Neither GFL nor its affiliates nor Authorized Franchisee Authorized Franchisee guarantees that you will be able to access or use the Website at times or locations of your choosing, or that GFL will have adequate capacity for the Website as a whole or in any specific geographic area. The entire liability of GFL, its affiliates, and any Authorized Franchisee, and your exclusive remedy with respect to the use of any service or product provided on or through the Website, will be the refund of the purchase price for any products or services found to be inadequate.

    2. (b) INDEMNIFICATION.

      You agree to defend, indemnify and hold harmless GFL, its affiliates, and Authorized Franchisees, and their respective owners, directors, officers, employees and agents, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by GFL, its affiliates and/or any Authorized Franchisee, directly or indirectly, with respect to or arising out of: (i) your failure to comply with or your breach of these Terms; and/or (ii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

  5. LIMITATION OF LIABILITY.

    In no event will GFL, its affiliates, and/ or any Authorized Franchisee be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the Website and/or any products or services provided in connection with the Website or for any other claim related in any way to your use of the Website and/or any products or services provided in connection with the Website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions the liability of GFL, its affiliates and/or Authorized Franchisees will be limited to the greatest extent permitted by applicable law.

  6. NO GUARANTEE OF ADMISSION.

    The availability of the Website does not constitute an offer for placement at a School or a guarantee of availability of services by any Authorized Franchisee.

  7. PRIVACY.

    Personal data that you provide to GFL and/or its affiliates regarding yourself and/or your children will be handled in accordance with GFL’s Privacy Policy, or an applicable Authorized Franchisee’s Privacy Policy (which can be found on the applicable Authorized Franchisee’s website).

  8. THIRD PARTY CONTENT.



    1. (a) The Website may provide hyperlinks to other websites maintained by third parties, or third party content may be provided on the Website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content on any linked website is not under GFL’s, its affiliates’s, or any Authorized Franchisee’s control, and neither GFL, its affiliates, nor such Authorized Franchisee are responsible for the content of linked websites, including any further links contained in a third party website. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

    2. (b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with GFL, its affiliates, or any Authorized Franchisee. GFL, its affiliates, and Authorized Franchisees may not be aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment or frame Content; (iii) may not imply that GFL, its affiliates, or any Authorized Franchisee is endorsing it or its products or services; (iv) may not misrepresent its relationship with GFL, its affiliates, or any Authorized Franchisee; (v) may not present false or misleading information about GFL, its affiliates, or any Authorized Franchisee, or their respective products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.

  9. COPYRIGHT AND TRADEMARKS.

    The trademarks, service marks and logos used and displayed on the Website are either (a) GFL’s, or its subsidiaries’ or affiliates’, or (b) another party’s registered and unregistered trademarks. GFL is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of GFL, or its subsidiaries or affiliates, that may be referred to on the Website are the property of GFL, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of GFL’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without GFL’s prior written permission. GFL aggressively enforces its intellectual property rights. Neither the terms “Goddard” or “Goddard School”, nor any of GFL’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without GFL’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 8(b) above may use the term “Goddard” or “Goddard School” in or as part of that link.

  10. SUBMISSIONS.

    By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to GFL’s Privacy Policy. However, if you send, transmit, post, email or otherwise convey to GFL or any Authorized Franchisee, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself or your child(ren), or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), subject to GFL’s Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant GFL, its Authorized Franchisees, and their respective successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to GFL, its Authorized Franchisees, and their respective successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to GFL that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that GFL, its Authorized Franchisees, and their respective successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.

  11. AVAILABILITY.

    Information that GFL publishes on the Website may contain references or cross-references to products, programs or services of GFL, its Authorized Franchisees, partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that GFL, or any of its Authorized Franchisees, partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact GFL or an Authorized Franchisee near you for information regarding the products, programs and services that may be available to you, if any.

  12. COPYRIGHT COMPLAINTS.

    GFL owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of GFL. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. If you are a copyright or trademark owner or an agent thereof and believe that any Content in any public area of the Website infringes upon or otherwise conflicts with your proprietary rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the proprietary work claimed to have been infringed, or, if multiple proprietary works are covered by a single notification, a representative list of such works;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an electronic mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), FL, its affiliates will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to GFL Customer Service at: 1016 West Ninth Avenue, King of Prussia, Pennsylvania 19406, Attn: SVP, Chief Legal Officer..

  13. TERMINATION OF SERVICE.

    We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to GFL, its Authorized Franchisees or partners, to the business of the Website’s Internet service provider, or to other information providers.

  14. GOVERNING LAW.

    These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the Commonwealth of Pennsylvania, Montgomery County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

  15. LOCAL LAWS.

    GFL makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. The Website is intended to users in the United States only. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. GFL is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).