Updated: May 19, 2020
Version 2.0

TERMS OF USE:
Thanks for your interest in Celebrate EDU! We develop a suite of proprietary programs designed to educate people who are affected by autism or other intellectual and developmental disabilities in business and entrepreneurship (the “Programs”).

These terms of use (these “Terms of Use”) describe the terms on which you may access and use the website located at www.celebrateedu.org (together with any successor site, the “Website”) and the content, tools, features, functionality, and other materials, including all content, tools, features, functionalities and materials made available as part of the Programs, in each case which are offered on or through the Website (collectively, with the Website, the “Services”).

Any reference to “us”, “we”, “Celebrate” means Celebrate Autism, Inc., dba Celebrate EDU, a 501(c)(3) tax-exempt organization, and “User”, “you” or “your” refers to you, the individual user of the Services.

If you are using the Services on behalf of a company, organization, group or other legal entity, then “User”, “you” or “your” includes you and such entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf. Capitalized terms used herein shall have the meanings set forth throughout these Terms of Use.

The Services are only available for individuals 13 years old and over. In addition, if you are under 18 years old, you confirm that your parent or legal guardian consents to your access or use of the Services. Please be sure your parent or legal guardian has reviewed and discussed these Terms of Use with you.

By using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms of Use and that you are legally competent to agree to these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES. Celebrate provides the Services to you conditioned upon your acceptance, without modification, of these Terms of Use.

Notice of Waiver of Jury Trial and Class Actions
By accepting these Terms of Use, you are agreeing to (a) resolve all disputes with us through binding individual arbitration, (b) waive your right to a jury trial and (c) waive your right to participate in any class actions, class arbitrations or representative actions to resolve any disputes with Celebrate. You have the right to opt-out of arbitration as explained below in the section titled “Arbitration and Class Action Waiver.”

SERVICES
Celebrate offers various Programs, including the Community Courses, the Kindling Workshop and The Spark Program. Please see the Programs tab on the Website for further information regarding each of these Programs, including how to sign up or partner with us.

Celebrate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Celebrate shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

USER ACCOUNT

You may be required to create an account with Celebrate in order to access or use certain Services (an “Account”). You agree to provide us with accurate, complete and updated information for your Account, and maintain and promptly update such Account information as necessary. If, after investigation, we have reasonable grounds to suspect that any user’s information is untrue, inaccurate, incomplete or not current, we may suspend or terminate that user’s Account and prohibit any and all current or future use of the Services (or any portion thereof) by that user. You may not use a user name (or e-mail address) that is already being used by someone else, that may be construed as impersonating another person, or that belongs to another person. You are solely responsible for all activities that occur under your Account, for maintaining the secrecy of you access credentials and, if you are an organization, for providing such access credentials only to individuals that you expressly authorized to access and use the Services under your Account. You agree to notify Celebrate immediately of any actual or suspected unauthorized access or use of, or any other breach of security related to, your Account.

YOUR RIGHTS TO USE THE SERVICES
Subject to your compliance with these Terms of Use, Celebrate grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license (without the right to sublicense) to use the Services, subject to the limitations and in accordance with the terms and conditions set forth in these Terms of Use.

The rights granted to you in the paragraph above and elsewhere in these Terms of Use are subject to the following limitations:
• You agree to use the Services only for lawful, personal and informational purposes. You agree that you will not use any resource made available on the Website in any manner that is malicious or that violates any applicable local, state, national or international law, or the intellectual property or proprietary rights of any third party;
• You agree that you will not copy, reproduce, distribute, display, create derivative works, license, publish, offer for sale, or link to the Services
• You agree that you will not use the Services for commercial purposes without the prior express written consent of Celebrate;
• You agree that you will not duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
• You agree that you will not access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
• You agree that you will not post on or transmit onto or through the Website any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse or other harmful or disruptive element;
• You agree that you will not use any automated tool, such as a web scraping tool, a bot or web robot or web automation, to mine the Services for information or to fill out forms on the Website, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and
• You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Services, or any servers, network or associated systems or physical premises operated by or for the benefit of Celebrate.
As further described in the Privacy Policy, Celebrate reserves the right to view, monitor and record activity on the Website without notice or permission. We may monitor your use to optimize the Website, understand what is of interest to visitors, and otherwise to enhance the operation of the Services, assure its availability, and prevent misuse of the Services. Any information obtained by monitoring, reviewing or recording activity on the Website is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. Celebrate will comply with all court orders involving requests for such information.

PROPRIETARY RIGHTS IN THE SERVICES
The Services, including the “look and feel” of the Website (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Celebrate and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree to not take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and all content therein, including, without limitation, the exclusive right to create derivative works. Nothing herein shall be construed as granting you any license under any patent, trademark or copyright of Celebrate or any third party. Celebrate’s name and mark “Celebrate EDU”, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Celebrate or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You are not permitted to use the trademarks displayed on the Services without the prior written consent of Celebrate or the third party that may own the trademarks.

No part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, transmitted or sold in any form or by any means, in whole or in part, without Celebrate’s prior written permission. You may not republish any content or information contained on the Services on any Internet, Intranet or Extranet website or incorporate such content or information in any other database or compilation. Any other use of the Content is strictly prohibited.

LINKS TO OTHER WEBSITES
The Website may contain links to third-party websites, advertisers, special offers, or other events or activities that are not owned or controlled by Celebrate. Celebrate does not endorse or assume any responsibility for any such third-party websites, information or products. If you access a third-party website or service from the Website, you do so at your own risk, and you understand that these Terms of Use do not apply to your use of such websites. You expressly acknowledge and agree that Celebrate will not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

CHILDREN UNDER 13 YEARS
In accessing or using the Services, you affirm you are 13 years of age or over, as the Services are not intended for children under 13. If you are under 13 years of age, then you are not authorized to access or use the Services.

NO WARRANTY
ALL USE OF THE SERVICES IS AT YOUR OWN RISK. ANY CONTENT AND INFORMATION PRESENTED ON THE SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. CELEBRATE AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “CELEBRATE PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR ANY CONTENT, INFORMATION OR SERVICES CONTAINED THEREIN OR IN ANY WEBSITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED THEREIN, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN. THE CELEBRATE PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND NONE OF THE CELEBRATE PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR MATERIALS, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.
WITHOUT LIMITING THE FOREGOING, NEITHER THE CELEBRATE PARTIES NOR THEIR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE AND SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. NEITHER THE CELEBRATE PARTIES NOR THEIR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CELEBRATE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE CELEBRATE PARTIES OR THEIR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS OF DATA, PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR FOR ANY COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, INCLUDING THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL OR EQUITY THEORY AND WHETHER OR NOT THE CELEBRATE PARTIES ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE CELEBRATE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OR YOUR INTERACTIONS WITH THE CELEBRATE PARTIES OR ANY OTHER USE OF THE SERVICES.

IN NO EVENT SHALL THE CELEBRATE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50) AND (B) THE AMOUNTS, IF ANY, YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL AND THAT CELEBRATE WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR SUCH LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE CELEBRATE TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS.

Some jurisdictions (such as the State of New Jersey) do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

INDEMNITY
You agree to indemnify, defend and hold harmless Celebrate and each of its officers, directors, employees and agents (each, an “Indemnitee”) against any loss, damage, liability, claims, cost and expense, including court costs and reasonable attorneys’ and experts’ fees, which an Indemnitee incurs in connection with any third-party claims arising out of or resulting from (i) your use of and access to the Services, including any intellectual property rights therein, (ii) your violation of these Terms of Use, and (iii) your violation of any applicable laws, rules or regulations. Celebrate will provide notice to you of any such claims and may, in Celebrate’s sole discretion, assist you, at your expense, in the defense or settlement of such claim. You are not permitted to settle, or consent to any entry of judgment in, any asserted claim or action that would entitle an Indemnitee to indemnification without Celebrate’s written consent.

Changes to these Terms of Use
We may revise these Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Website because they are binding on you. We display a date in the upper left comer of these Terms of Use so that it will be easier for you to know when there has been a change. If we make any significant changes to these Terms of Use, we will provide advance notice on the Website. Minor changes may be made at any time and without prior notice. Your continued access or use of the Services following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

PRIVACY POLICY
Celebrate respects the privacy of its Services users. Please refer to our privacy policy located at celebrateEDU.org/privacypolicy (“Privacy Policy”), as may be updated from time to time, which explains how the Services collect, process, store, use and disclose any information, submitted through or in connection the Services. When you access or use the Services, you signify your agreement with the Privacy Policy.

TERMINATION
Celebrate reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice. Examples of activity that may lead to a termination of your use of the Services include your breach or suspected breach of any of these Terms of Use, or if it is required by applicable law, regulation, court or governing agency order.

GOVERNING LAW
These Terms of Use, and all matters arising in connection herewith, will be governed by and construed in accordance with the laws of the State of California, whether common law or statutory, without reference to the choice of law provisions thereof that would cause the application of the law of another jurisdiction.

ARBITRATION AND CLASS ACTION WAIVER
Informal Process First. You agree that in the event of any dispute between you and Celebrate, you will first contact Celebrate and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Celebrate’s services and/or products, including the Services, will be resolved by arbitration. You and Celebrate agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms of Use will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms of Use, you and Celebrate are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Celebrate will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Celebrate will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms of Use by sending written notice of your decision to opt-out to PO Box 270742 Louisville, CO 80027 or to the U.S. mailing address listed at the bottom of these Terms of Use. The notice must be sent to Celebrate within thirty (30) days of your registering to use the Services or agreeing to these Terms of Use; otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Use. If you opt-out of these arbitration provisions, Celebrate also will not be bound by them.

ASSIGNMENT
You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder in any way (by operation of law or otherwise) without Celebrate’s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations under these Terms of Use without your consent.

NOTICES
Celebrate may provide notifications to you via email, written or hard copy notice, or through posting of such notice on the Website, as determined by Celebrate in its sole discretion. Celebrate reserves the right to determine the form and means of providing notifications to our users. You may opt-out of certain means of notification in accordance with these Terms of Use and the Privacy Policy, such as by clicking the “unsubscribe” link at the bottom of email notices.

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Celebrate must be addressed to our agent for notice and sent via certified mail to:

Notification of Consumer Rights Complaint or Pricing Inquiry:
Celebrate EDU
PO Box 270742
Louisville, CO 80027
Email: hello@celebrateEDU.org

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

GENERAL
The failure of either you or Celebrate to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. Provisions that, by their nature, should survive termination of these Terms of Use will survive termination, including, without limitation, warranty disclaimers, indemnification obligations, limitations of liability and terms regarding disputes between you and Celebrate. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use will otherwise remain in full force and effect and enforceable. You and Celebrate agree that these Terms of Use, are the complete and exclusive statement of the mutual understanding between you and Celebrate with respect to your access to and use of the Services, and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. The headings and captions contained herein will not be considered to be part of these Terms of Use but are for convenience only. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Celebrate, and you do not have any authority of any kind to bind Celebrate in any respect whatsoever.

SUGGESTIONS AND FEEDBACK
Celebrate welcomes your feedback and inquiries. You acknowledge and expressly agree that any contribution of feedback does not and will not give or grant you any right, title or interest in the Services or in any such feedback. All feedback becomes the sole and exclusive property of Celebrate, and Celebrate may use and disclose feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. If you have any comments or questions, please contact us.

How to Contact Us
You may contact us regarding the Services or these Terms of Use by phone at 720-361-8409 or by e-mail at hello@celebrateEDU.org.