Terms of Service

1. Acceptance of Terms

By accessing and using the website located at thefactorykids.org (the "Website") and any services provided by Factory Kids, LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Website or our services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for updates.

2. Description of Service

Factory Kids, LLC provides educational programs, creative workshops, consultations, and family services designed to support children's development, creativity, and learning. Our services include, but are not limited to:

• Educational programs for children of various age groups
• Creative workshops and hands-on learning experiences
• Family consultation services
• Educational products and materials
• Learning space design and development

The specific nature and scope of services provided will be determined at the time of enrollment or engagement and may be subject to separate agreements or terms.

3. Eligibility

3.1 Age Requirements

Our services are designed for children and families. Users must be at least 18 years of age to create an account or enter into agreements on behalf of themselves or a minor child. By using our Website or services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3.2 Parental Consent

For minors under the age of 18, a parent or legal guardian must provide consent and agree to these Terms on behalf of the minor. Parents and guardians are responsible for supervising their children's use of our services and for all activities conducted under their account.

3.3 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. User Responsibilities

4.1 Accurate Information

You agree to provide accurate, current, and complete information when registering for an account, enrolling in programs, or communicating with us. You agree to update your information promptly to maintain its accuracy.

4.2 Appropriate Use

You agree to use our Website and services only for their intended purposes and in accordance with applicable laws and regulations. You agree not to misuse our services or interfere with their proper operation.

4.3 Respect for Others

You agree to treat other users, staff, and participants with respect and courtesy. Harassment, discrimination, or disruptive behavior will not be tolerated and may result in termination of access to our services.

5. Prohibited Uses

You agree not to use our Website or services:

• For any unlawful purpose or in violation of any applicable law or regulation
• To transmit, distribute, or post any content that is harmful, offensive, defamatory, obscene, or otherwise inappropriate
• To attempt to gain unauthorized access to any portion of our Website, systems, or data
• To interfere with or disrupt the integrity or performance of our services
• To collect or store personal information about other users without their consent
• To infringe upon the intellectual property rights of the Company or any third party
• To transmit any viruses, malware, or other harmful code
• To engage in any activity that could damage, disable, or impair our services

6. Intellectual Property

6.1 Ownership of Content

All content on our Website and provided through our services, including but not limited to text, graphics, logos, images, software, educational materials, and program content, is the property of Factory Kids, LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Copyright Notice

All materials on this Website are protected by copyright. Unauthorized use of any materials may violate copyright, trademark, and other laws. You may not copy, reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

6.3 Trademark Usage

"Factory Kids" and associated logos and trade names are trademarks of Factory Kids, LLC. You may not use our trademarks without our prior written permission, except to identify our products or services as permitted by trademark law.

6.4 User-Generated Content

If you submit content to us, including feedback, suggestions, or other materials, you grant Factory Kids, LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, and distribute such content in any medium. You represent that you have the right to submit such content and that it does not infringe upon the rights of any third party.

7. Disclaimer of Warranties

7.1 As-Is Service Provision

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

7.2 No Guarantees of Results

We do not guarantee any specific results from the use of our services or participation in our programs. Educational outcomes and developmental progress vary based on individual circumstances, and we make no representations regarding specific outcomes.

7.3 Accuracy of Information Disclaimer

While we strive to provide accurate and up-to-date information on our Website, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of any information. Information on our Website is for general informational purposes only and should not be relied upon as professional advice.

8. Limitation of Liability

8.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FACTORY KIDS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES.

8.2 Exclusion of Certain Liabilities

We are not liable for any actions or conduct of third parties, including other users of our services. We are not responsible for any injury, loss, or damage arising from interactions between users or from participation in our programs.

8.3 Maximum Liability

In any event, our total liability for any claim arising from or related to these Terms or our services shall not exceed the amount you paid, if any, for access to our services in the twelve (12) months preceding the claim.

9. Third-Party Services & Links

9.1 External Links Disclaimer

Our Website may contain links to third-party websites or services that are not owned or controlled by Factory Kids, LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

9.2 Third-Party Content Responsibility

We do not endorse or guarantee the accuracy or reliability of any third-party content, products, or services. Your interactions with third-party websites or services are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party sites you visit.

10. Termination

10.1 Right to Terminate Access

We reserve the right to terminate or suspend your access to our Website and services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease.

10.2 User Termination Rights

You may terminate your account and stop using our services at any time. To terminate your account, please contact us at [email protected]. Certain provisions of these Terms will survive termination, including intellectual property provisions and liability disclaimers.

10.3 Effect of Termination

Upon termination, we may delete your account and associated data in accordance with our Privacy Policy. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations for services rendered.

11. Governing Law

11.1 Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions.

11.2 Applicable Laws

Any disputes arising from or related to these Terms or our services shall be resolved in accordance with Texas law. You agree to submit to the personal jurisdiction of the state and federal courts located in Travis County, Texas.

11.3 Dispute Resolution

We encourage you to contact us first to resolve any disputes informally. If we are unable to resolve a dispute through informal discussions, either party may pursue formal legal remedies in the courts of Travis County, Texas.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

Additional Provisions

These Terms constitute the entire agreement between you and Factory Kids, LLC regarding the use of our Website and services. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision.

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.