PRIVACY POLICY, TERMS OF USE, AND ACCEPTABLE USE STATEMENT FOR EARLY BLOOM ACADEMY

• INTRODUCTION: Welcome to Early Bloom Academy’s website and online services. This document outlines the terms governing your use of our website, and any related services. By accessing or using our services, you agree to be bound by this Privacy Policy, Terms of Use, and Acceptable Use Statement (collectively, the “Agreement”).
  • Agreement to Terms: By accessing and using the Early Bloom Academy (“EBA”) website, located at www.earlybloomacademy.com (the “Website”), you (“User,” “you,” or “your”) acknowledge and agree to be bound by these Terms and Conditions, as well as any additional guidelines or rules that may be posted on the Website from time to time. Your use of the Website constitutes your acceptance of this Agreement.
  • Scope of Services: The Website provides information regarding EBA’s activities and offers features such as online donations and membership services. EBA Sites, EBA Sites Network, WinTotal, InterFlood, and Pocket Total are among the products and services owned and operated by EBA.
  • Interpretation of Terms: Throughout this Agreement, the terms “EBA,” “we,” “our,” and “us” refer to Early Bloom Academy, a USA-based childcare organization. The terms “you,” “your,” and “yours” refer to visitors and users of the Website.
  • Comprehensive Agreement: We encourage you to carefully read this entire Agreement to ensure a clear understanding of the terms governing your use of the Website.

• DEFINITIONS
  • “Service” refers to EBA’s website, online services, and any related software or applications.
  • “User” or “you” refers to any visitor or user of the Service.
  • “User Content” refers to any content that a User submits, posts, or displays on the Service.
  • “EBA Content” refers to any content provided by EBA on the Service, including text, images, graphics, logos, and software.

• INTELLECTUAL PROPERTY OWNERSHIP
  • Ownership of Content: All works of authorship contained within this Website, including but not limited to design elements, text, and images, are the exclusive property of Early Bloom Academy (“EBA”) or its licensors unless explicitly stated otherwise.
  • Copyright Protection: The content of this Website is protected by United States and international copyright laws and treaty provisions.
  • Restrictions on Use: Except as expressly permitted herein, no content from this Website may be reproduced, distributed, modified, displayed, or used in any manner without the prior written consent of EBA.
  • Legal Compliance: EBA respects the intellectual property rights of others and expects users of this Website to do the same. Unauthorized use of any content from this Website may result in civil and criminal penalties.

• PRIVACY POLICY
  • Personal Information Collection, Use, and Control
    • Browsing: We do not collect personal information when you browse our website.
    • Online Donations and Subscriptions: When you make an online donation or subscribe to our newsletter, we may collect personal information such as your name, email address, and billing information.  
    • Cookies: We use cookies to enhance your experience on our website. Cookies are small data files stored on your computer that help us track your preferences and improve our services. You can control the use of cookies through your browser settings. This information is not shared with any other party.
    • Internal Use of Personal Information: Early Bloom Academy (“EBA”) utilizes personal information solely for internal purposes, primarily to provide you with updates and information related to your specific requests. This may include, but is not limited to, processing donations, sending newsletters, and responding to inquiries.
    • User Control and Choice: You retain control over the personal information you share with EBA. You are not obligated to disclose any personal information. If you prefer not to provide personal information, simply refrain from using those website services or features that require such information.
    • Purpose of Collection: EBA’s objective in collecting personal information is to offer convenient and relevant online services that align with your interests and preferences.
    • Data Minimization: EBA adheres to the principle of data minimization, collecting only the personal information necessary to fulfill the stated purposes.
    • Compliance with Privacy Laws: EBA is committed to complying with all applicable privacy laws and regulations regarding the collection, use, and storage of personal information.
  • Information Use
    • Internal Use: We use personal information to process donations, send newsletters, and provide you with requested information.
    • Third-Party Service Providers: We may share information with trusted third-party service providers who assist us with administrative tasks. These providers are obligated to maintain the confidentiality of your information.
    • Legal Compliance: We may disclose personal information if required by law or legal process.
  • Third-party website Links and Disclaimer
    • Third-Party Links: To enhance our services and provide valuable resources, Early Bloom Academy (“EBA”) may include links to third-party websites. These links are provided for your convenience and informational purposes.
    • Disclaimer of Responsibility: Please be aware that this policy statement does not apply to any third-party websites linked to the EBA website. Once you navigate away from the EBA website, EBA has no control over the information collected by third-party sites or their privacy practices.
    • User Responsibility: You acknowledge and agree that EBA is not responsible for, and has no control over, the information collection or privacy practices of any third-party websites.
    • Due Diligence: It is your responsibility to carefully review the privacy policies and terms of use of any third-party website before using their services or providing any personal information. If you are unable to locate or do not agree with a third-party website’s privacy policy, you should refrain from using their services or providing information.
    • Cautionary Note: EBA provides these links as a convenience and does not endorse or make any representations about third-party websites. Your use of third-party websites is at your own risk.

• TERMS OF USE
  • Account Creation
    • You may need to create an account to access certain features of the Service.
    • You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.  
  • User Content
    • You retain ownership of your User Content.
    • You grant EBA a non-exclusive, royalty-free license to use, reproduce, and distribute your User Content in connection with the Service.
    • You are solely responsible for your User Content and agree not to post content that is unlawful, harmful, or infringing.
  • Prohibited Activities
    • You agree not to engage in any of the following prohibited activities:
      • Violating any applicable laws or regulations.
      • Infringing on the intellectual property rights of others.  
      • Impersonating another person or entity.
      • Interfering with the operation of the Service.
      • Uploading or distributing viruses or other malicious code.
      • Collecting or harvesting personal information of other Users.
      • Engaging in any activity that disrupts or interferes with the use of the Service by others.

• ACCEPTABLE USE STATEMENT
  • Website Security: You are prohibited from violating the security of the Service, including accessing unauthorized data or interfering with the Service’s operation.
  • Digital Millennium Copyright Act (DMCA) Notice: Early Bloom Academy (“EBA”) respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), EBA has established a process for addressing alleged copyright infringement occurring on its website and services.
  • Notice of Infringement: If you believe that your copyrighted work has been infringed upon and is accessible through the EBA Service, please provide EBA’s designated Copyright Agent with a written notification containing the following information:
    • Electronic or Physical Signature: Your electronic or physical signature, or the electronic or physical signature of a person authorized to act on behalf of the copyright owner.
    • Identification of Copyrighted Work: A description of the copyrighted work that you claim has been infringed.
    • Identification of Infringing Material: A description of the material that you claim is infringing and its location on the EBA Service, with sufficient detail to allow EBA to locate the material.
    • Contact Information: Your contact information, including your address, telephone number, and email address.
    • Good Faith Belief Statement: A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    • Statement of Accuracy and Authority: A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  
  • Designated Copyright Agent: Please submit your DMCA notification to EBA’s designated Copyright Agent at the following address: Early Bloom Academy Attn: DMCA Notice Email: admin@earlybloomacademy.com
  • Important Legal Notice
    • Misrepresentation: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
    • Purpose of Notice: This procedure is exclusively for notifying EBA and its affiliates that your copyrighted material has been infringed.
    • Legal Advice: The information provided herein is intended to comply with EBA’s rights and obligations under the DMCA, including 17 U.S.C. § 512(c), and does not constitute legal advice. It is advisable to consult with an attorney regarding your rights and obligations under the DMCA and other applicable laws.
  • Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, EBA has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. EBA may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is repeat infringement.
  • Fraudulent Emails: Be aware of fraudulent emails that may appear to be from EBA. EBA will only use official email addresses ending with “@earlybloomacademy.com.”
  • Prohibited Uses
    • You agree not to use the Service for any illegal, inappropriate, or obscene purposes.
    • Prohibited activities include, but are not limited to:
      • Posting or distributing illegal content.
      • Harassing or threatening other Users.
      • Impersonating EBA staff or other individuals.
      • Posting unsolicited advertising or promotional materials.
      • Engaging in any activity that violates the rights of others.

• DISCLAIMER OF WARRANTY
  • “As Is” Provision: The Early Bloom Academy (“EBA”) websites and services are provided on an “as is” and “with all faults” basis. To the maximum extent permitted by applicable law, EBA and its site owners expressly disclaim all other representations and warranties, whether express, implied, or statutory.
  • Scope of Disclaimer: This disclaimer includes, but is not limited to, warranties of:
    • Fitness for a particular purpose.
    • Quality.
    • Merchantability.
    • Performance.
    • Non-infringement of third-party rights.
    • Title.
    • Results obtained from using the websites.
  • No Warranty of Error-Free Service: EBA does not warrant that the websites or services will be free from bugs, viruses, errors, or other program limitations. Specifically, EBA makes no warranty that:
    • The service will meet your requirements.
    • The service will be uninterrupted, timely, secure, or error-free.
    • The results obtained from using the service will be accurate or reliable.
    • The quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations.
    • Any errors in the software will be corrected.
  • User Responsibility for Downloaded Materials: Any material downloaded or otherwise obtained through the service is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of such material.
  • No Implied Warranties: No advice or information, whether oral or written, obtained by you from EBA or through the EBA services shall create any warranty not expressly stated in the Terms of Use.
  • Rationale for Changes:
    • Professional and Legal Tone: The revised policy uses precise legal terminology and maintains a professional tone.
    • Clarity and Conciseness: The language is clear and concise, making it easier for users to understand the scope of the disclaimer.
    • Comprehensive Coverage: The revised policy provides a comprehensive list of the types of warranties being disclaimed.
    • User Responsibility: It reinforces the user’s responsibility for any risks associated with downloading materials from the websites.
    • Legal Compliance: The language used is compliant with standards used on the world wide web, and regarding electronic communications.
    • Emphasis on “As Is” nature: The beginning of the document emphasizes the “AS IS” nature of the service.

• LIMITATION OF LIABILITY
  • Disclaimer of Warranties and Limitation of Liability: To the fullest extent permitted by applicable law, Early Bloom Academy (“EBA”), its affiliates, agents, directors, employees, suppliers, and licensors shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising from:
    • Your use of, or inability to use, the Service.
    • Any errors, mistakes, or inaccuracies in content.
    • Personal injury or property damage resulting from your access to or use of the Service.
    • Unauthorized access to or use of our secure servers and/or any personal information stored therein.
    • Interruption or cessation of transmission to or from the Service.
    • Bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party.
    • Errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
    • User Content or the defamatory, offensive, or illegal conduct of any third party.
    • Hacking, tampering, or other unauthorized access to or use of the Service or your account or the information contained therein.
    • Any material downloaded or otherwise obtained through the use of the websites.
  • User Responsibility and Risk: Your use of the EBA websites is at your sole discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any material.
  • Monetary Limitation: In no event shall EBA, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to EBA hereunder, if any.
  • Basis of Liability: This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if EBA has been advised of the possibility of such damage.
  • Jurisdictional Limitations” Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, EBA’s liability shall be limited to the greatest extent permitted by law.  
  • Service Location and Compliance: The Service is controlled and operated from its facilities in the United States. EBA makes no representations that the Service is appropriate or available for use in other locations. Users who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
  • Sole Remedy: If you are dissatisfied with any portion of the EBA websites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the websites.
  • Severability: If any provision of this Limitation of Liability is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • User Content License Grant
    • Grant of License: By posting any User Content on the Early Bloom Academy (“EBA”) Service, you hereby grant to EBA a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to:
      • Use, reproduce, modify, ¹ publish, and list information regarding your User Content.  
      • Edit, translate, distribute, and syndicate your User Content.
      • Publicly perform and publicly display your User Content.
      • Create derivative works of your User Content.
      • Use your name, voice, and/or likeness as contained within your User Content.

This license applies to your User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service.

1. User Warranty and Representation: You represent and warrant that you have the right to grant the license set forth herein.
2. License to Other Users: You also grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted by the functionality of the Service and this Agreement.
3. Scope of License: This license grant is intended to allow EBA to effectively operate and promote the Service, and to allow other users to interact with your content within the Service.

• Confidential and Privileged Communication – Legal Notice
  • Legal Notice: This electronic communication, including all attachments, contains confidential and legally privileged information intended solely for the exclusive use of the named recipient(s). This information is protected by applicable laws, including but not limited to copyright, trade secret, and electronic communications privacy regulations.
  • Confidentiality and Privilege: The content of this transmission is confidential and may be subject to legal privilege. Unauthorized review, dissemination, distribution, copying, or any other use of this communication is strictly prohibited and may result in legal liability.
  • Copyright and Trade Secrets: This communication may contain materials protected by copyright and/or trade secret laws. The recipient is expressly prohibited from reproducing, distributing, or otherwise using these materials without the express written consent of the copyright or trade secret holder.
  • Disclaimer: Early Bloom Academy (EBA) and its subsidiaries and affiliates do not accept responsibility for any errors or omissions in this communication or its attachments. Any personal opinions expressed herein are solely those of the sender and do not necessarily reflect the views of [Your Company Name].
  • Electronic Communications Privacy Act: The recipient is hereby notified that unauthorized access, use, or disclosure of this communication may violate the Electronic Communications Privacy Act and other applicable laws.
  • Virus Protection: While [Your Company Name] employs reasonable measures to scan electronic communications for viruses, we cannot guarantee that this communication and its attachments are virus-free. We disclaim all liability for any damages resulting from viruses transmitted through this communication.
  • Action Upon Misdelivery: If you are not the intended recipient, please notify the sender immediately by replying to this message and permanently delete all copies of this communication and its attachments from your system. You are strictly prohibited from disclosing, copying, or using the contents of this communication in any manner.
  • Compliance: By receiving this communication, you acknowledge and agree to comply with the terms of this notice.

1. POLICY MODIFICATIONS AND UPDATES
   • Policy Revision and Updates: Early Bloom Academy (“EBA”) reserves the right to modify, amend, or update its website policies, including but not limited to this Privacy Policy, Terms of Use, and Acceptable Use Statement, at any time and without prior notice. This may occur due to the introduction of new features, services, or changes in applicable laws and regulations.
   • Notice of Changes
     • Regular Updates: We encourage you to periodically review these policies to stay informed about any changes. The “Last Updated” date at the top of this document indicates when the most recent revisions were made.
     • Significant Changes: In the event of substantial changes to our website policies, we will make reasonable efforts to provide prominent notice, which may include posting an announcement on our website’s homepage or sending a direct notification to registered users where applicable.
   • Effective Date: All policy modifications will be effective immediately upon posting on the website unless otherwise specified.
   • User Responsibility: Your continued use of the EBA website and services after any policy changes constitutes your acceptance of those changes.
   • Compliance with Laws and Regulations: EBA is committed to ensuring that its website policies comply with all applicable laws and regulations, including those related to electronic communications and data privacy.
   • Rationale for Changes:
     • Professional Tone: The revised policy uses clear and concise language, avoiding informal phrases.
     • Legal Compliance: It explicitly states EBA’s commitment to complying with applicable laws and regulations.
     • Clarity and Transparency: The revised policy provides clear information about how and when policy changes will be communicated to users.
     • WWW and Electronic Communication Compliance: The language used is compliant with standards used on the World Wide Web, and regarding electronic communications.
     • User Responsibility: It emphasizes the user’s responsibility to stay informed about policy changes.

• GOVERNING LAW, DISPUTE RESOLUTION, AND MISCELLANEOUS PROVISIONS
  • Governing Law: This Agreement shall be governed by and construed in accordance with the internal substantive laws of the State of Maryland, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
  • Jurisdiction and Venue: You agree that: (i) the Service shall be deemed solely based in the Commonwealth of Virginia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Early Bloom Academy (“EBA”), either specific or general, in jurisdictions other than the Commonwealth of Virginia. You hereby consent to the exclusive jurisdiction and venue of courts located in the Commonwealth of Virginia for all disputes arising out of or relating to the use of the websites and services, unless submitted to arbitration as set forth below. Use of the websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this
  • Dispute Resolution – Arbitration
  • Arbitration Election: For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration.
  • Arbitration Process: The party electing arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
  • The arbitration shall be conducted by telephone, online, or solely based on written submissions, as selected by the party initiating the arbitration.
  • The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Notification Procedures: EBA may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by EBA in our sole discretion. EBA reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. EBA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@EBA.us to your email address book to help ensure you receive email notifications from us.
  • Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with EBA in connection with the Service, constitutes the entire agreement between you and EBA concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  • No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EBA’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
• INDEMNIFICATION
  • You agree to indemnify, defend, and hold harmless EBA, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the EBA Service, your violation of this Agreement, your violation of any applicable laws or regulations, any User Content you submit, post, or transmit through the Service, or your infringement of any intellectual property or other rights of any person or entity. This indemnification obligation will survive the termination or expiration of this Agreement and your use of the Service.
• CONCLUSION
  • Early Bloom Academy appreciates your interest and the time you have taken to review our Privacy Policy, Security Policies, Terms of Use, and Acceptable Use Statement. We are committed to providing a secure and informative online experience. We hope you find our website valuable and engaging.
• CONTACT EBA
  • If you have any questions about this Agreement, please contact us at:
  • Early Bloom Academy, Email: admin@earlybloomacademy.com
  • Thank you for using Early Bloom Academy’s services.