Terms of Service
The Fledglings’ Flight Website (available at https://app.fledglingsflight.com) and Fledglings’ Flight content (the text, graphics, images, information, and other materials) (“Content”) are provided to you by Adventureland Toy Emporium, LLC (herein referred to as “Fledglings’ Flight”). Your use of the Applications and the Content are governed by these “Terms of Service”, which represent a binding agreement between you and Adventureland Toy Emporium, LLC and applies to any other third party visitor, user, or other party accessing https://app.fledglingsflight.com, the Applications, and the Content (the “Agreement”).
By using https://app.fledglingsflight.com, the Applications, and/or Content you agree to be bound by the Agreement in its entirety, including, without limitation, the Dispute Resolution, Jurisdiction, ABRITRATION, and CLASS ACTION WAIVER terms set forth in Paragraph 12. below. If Fledglings’ Flight makes material changes to this Agreement, Fledglings’ Flight will provide you notice either by (1) the email address associated with your account; or, (2) posting a notification on https://app.fledglingsflight.com and the Applications that the Agreement has been updated. Except as provided by applicable law, your continued use of the Applications and Content means you agree with and consent to be bound by the updated Agreement.
1. Fledglings’ Flight does not provide medical Advice. The Applications and the Content are provided for general information purposes only. Fledglings’ Flight makes no representation and assumes no responsibility for the accuracy of information contained on or available through this website and such information is subject to change without notice. The Applications and the Content are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Any information regarding your child’s progression, development, or ability to perform the exercises or activities provided by our Applications and/or Content is meant to be suggestive in nature as it is impossible to determine every child’s proper developmental progression as each child develops in a different manner and pace. You are solely responsible for determining your child’s developmental process and whether it is appropriate and safe to conduct any suggested activities and exercise with your child. If you have any suspicion of a developmental delay or any other health issue with your child, you should consult a physician or appropriate professional immediately.
Fledglings’ Flight strongly urges you to consult a doctor or appropriate healthcare provider before using any information obtained in our Applications or Content, especially if your child has a special medical condition. Fledglings’ Flight shall not be liable to you, your child, your heirs, or assigns, or any third party for any and all loss, death, damage, or bodily injury that you or your child suffer, or that you cause to any third party, in connection with your use of the Applications and/or Content.
The Applications and Content contains links to third party websites. These links are provided as a convenience and for informational purposes only, and Fledglings’ Flight assumes no responsibility for the content contained therein.
2. Registration and Passwords. To access the Applications and Content, you must have a registered account with Fledglings’ Flight (“Your Account”). Your Account gives you access to content and functionality that we may establish, maintain, change, remove, or terminate from time to time and in our sole discretion. By connecting to our Applications and/or Content with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
3. Access and Accounts.
The Applications and Content can be accessed three different ways:
1) Free Access, with limited availability of the Applications and Content.
2) Basic Membership, which charges an annual fee, and provides additional Content.
3) Premium Membership, which is recurring fee based, and provides even more Content and includes a subscription to the Fledglings’ Flight Child Development Toolbox (the “FFCDT”).
Basic and Premium Members may cancel their subscriptions at any time by clicking on “Cancel Membership” button on the Profile Page.
Basic Membership cancellation shall be effective immediately upon the clicking on the cancellation button. A prorated monthly amount of the remaining annual subscription term shall be credited to the credit card used to purchase the Membership.
Premium Membership cancellations may be made prior to the submission of the questionnaire for the next FFCDT monthly box.
When creating an account with Fledglings’ Flight you must provide complete and accurate information. You may never use another user’s account without permission or allow another user to access your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to promptly inform Fledglings’ Flight if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You will notify Fledglings’ Flight immediately via e-mail of any known or suspected unauthorized use of your account by using the “Contact Us” link located on our website or Applications.
Fledglings’ Flight is not responsible for any false or inaccurate you provide to Fledglings’ Flight, and results of the use of the Applications or Content based on false or inaccurate information is expressly prohibited.
As a Fledglings’ Flight account holder, you will receive access to certain sections, features, and functions of the Applications and/or Content that are not available to non-members (the “Member Content”). Fledglings’ Flight may establish, maintain, change, remove, or terminate from time to time parts of the Member Content in Fledglings’ Flight sole discretion.
By establishing a Fledglings’ Flight account you consent to you opt-in to receiving occasional special offers, marketing materials, and surveys from Fledglings’ Flight and Adventureland Toy Emporium via email. You can unsubscribe from such emails by using the “unsubscribe” button at the bottom of Fledglings’ Flight’s emails.
Fledglings’ Flight accounts are not transferrable and therefore cannot be sold, exchanged, or transferred to any other person or entity.
4. Ownership and Rights. The Applications and Content provided by Fledglings’ Flight is the exclusive property of Fledglings’ Flight and its licensors. Your use of the Applications and the Content is limited to personal, non-commercial purposes.
The Applications and the Content are protected by Copyright under United States and international law. All title and interest in and to the Applications and Content remain the sole property of Fledglings’ Flight or the applicable Content owner.
Nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from any Fledglings’ Flight Applications or Content. Use of the Applications or the Content for any purpose not expressly permitted by this Agreement (as set forth in Paragraph 5. below) is strictly prohibited.
5. Fledglings’ Flight’s Limited License to You. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Applications and Content for personal, non-commercial purposes.
You may not reproduce, distribute, or otherwise use any of the Applications or Content or any derivative work without the prior written consent of the Intellectual Property Rights holder, including, without limitation, Fledglings’ Flight.
This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you. Fledglings’ Flight shall have the right to freely assign this agreement.
Fledglings’ Flight may terminate this license at any time for any reason or no reason. If you violate any of the terms and conditions of this Agreement your permission to use our Applications and Content automatically terminates.
6. Your License to Fledglings’ Flight. Fledglings’ Flight collects data related to use of the Applications by all users and may use the data gathered in an aggregate and anonymous manner. You agree that we may use, publish, sell, and/or otherwise exploit such information, provided that such information does not incorporate anything that would make you or your child personally identifiable.
7. Indemnity. You agree to defend, indemnify and hold harmless Fledglings’ Flight, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members, and any other affiliated companies, entities or persons, from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively “Claims”) arising out of or relating to: your use of and access to our Applications or Content, including any data, content or material provided or received by you; your violation of any term of this Agreement, including without limitation your breach of any representations and warranties herein; your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; your violation of any applicable law, rule or regulation; any Claim that arises as a result of any of your User information or any that is submitted via your account; any other party’s access and use of our Applications or Content with your unique username, password or other appropriate security code.
8. Third Party Services. Fledglings’ Flight may provide links to third party websites, applications, or content. Those third party websites, applications, or content and the parties that provide them are beyond Fledglings’ Flight’s Control. Fledglings’ Flight makes no representations as to the content, quality, suitability, functionality, or legality of any third party websites, applications, or content to which Fledglings’ Flight may provide links, and you whereby waive any Claim you may have against Fledglings’ Flight, its officers, directors, subsidiaries, shareholders, owners, members, and any other affiliated companies, entities, or persons (other than providers of third party websites, applications, or content) with respect to such websites, applications, or content.
9. No Warranties/Limitation of Liability.
FLEDGLINGS’ FLIGHT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE APPLICATIONS OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ITS ACCURACY OR COMPLETENESS. FLEDGLINGS’ FLIGHT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE APPLICATIONS AND/OR CONTENT. YOUR USE OF THE APPLICATIONS AND/OR CONTENT IS AT YOUR OWN RISK. THE APPLICATIONS AND/OR CONTENT, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND FLEDGLINGS’ FLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APPLICATIONS AND/OR CONTENT.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FLEDGLINGS’ FLIGHT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FLEDGLINGS’ FLIGHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATIONS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FLEDGLINGS’ FLIGHT SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATIONS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL FLEDGLINGS’ FLIGHT BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Discontinuance or Modifications to Fledglings’ Flight’s Applications and/or Content. At any time without liability to you or any third party, Fledglings’ Flight may discontinue, terminate, suspend, change, or modify the Applications and/or Content or any portion thereof and/or otherwise restrict access to the Applications and/or Content.
11. Applicable Law. Users who choose to access the Applications and/or the Content from within the United State of America do so on their own initiative and are responsible for compliance with applicable local, state and federal laws.
Users who access or use our Website, Applications or Content from jurisdictions outside of the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use our Website, Applications or Content 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.
This Agreement and any Claims arising out of or relating to this Agreement, the Applications and/or Content shall be governed by the laws of the State of California without regard to its conflict of laws principles.
12. Dispute Resolution, Jurisdiction, Arbitration, and Class Action Waiver. For any dispute or Claim against Fledglings’ Flight, you agree to first email us and attempt to resolve the dispute or Claim with us informally. To send us an email, use the “Contact Us” link located on our website or mobile applications. In the unlikely event that we cannot resolve a dispute or Claim after attempting to do so informally, we each agree to resolve any dispute or Claim (excluding any Claims brought by Fledglings’ Flight for injunctive or other equitable relief as set forth below) arising out of or relating to this Agreement, the breach or alleged breach thereof, the Applications or Content, either in small claims court in the United States (and specifically in Los Angeles County, California, as agreed to below) or by binding arbitration with the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Los Angeles County, California, unless you and Fledglings’ Flight agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator its costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For any small Claims matters, we each agree such Claims shall be brought exclusively in the small claims courts in Los Angeles County, California (to the extent permissible under the Los Angeles County small claims courts) and the parties consent to personal jurisdiction in the Los Angeles County small claims courts.
YOU AGREE THAT, IN THE EVENT OF BREACH OR ALLEGED BREACH OF THIS AGREEMENT BY FLEDGLINGS’ FLIGHT, YOU SHALL NOT BE ENTITLED TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF OF THIS AGREEMENT BY FLEDGLINGS’ FLIGHT, AND YOUR REMEDIES SHALL BE LIMITED TO SEEK TO RECOVER DAMAGES (IF ANY) AT LAW. Nothing in this Section shall prevent Fledglings’ Flight from seeking injunctive or other equitable relief from a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of data security, Intellectual Property Rights, or other proprietary rights. You agree to submit exclusively to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any such action. No Injunctive Relief.
ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE EACH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
13. Notifications. Fledglings’ Flight 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 Applications or Content, as we determine in our sole discretion.
Fledglings’ Flight 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 below. Fledglings’ Flight 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.
By providing Fledglings’ Flight your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our Applications and Content and special offers. If you do not want to receive such email messages, you may opt out by following the “unsubscribe” link at the bottom of our email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Notices to Fledglings’ Flight may be sent to: Adventureland Toy Emporium, 1808 W. 7th St., P.O. Box #17392, Los Angeles, CA 90017.
14. Miscellaneous. In the event that any provision (or part thereof) of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision (or part thereof) is held invalid by a court or arbitrator with jurisdiction over the parties to the Agreement, such provision (or part thereof) will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. Section headings are for convenience only and shall not be part of the terms and condition of this Agreement.
The failure of Fledglings’ Flight to enforce any of the provisions set forth in these Terms and Conditions and the Agreement or the failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce any and all such provisions.
This Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.