TERMS AND CONDITIONS
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This website is owned and operated by Let's Play Today, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors our comprehensive teacher training manual, PDFs and videos - all copyrighted and owned by Let's Play Today, LLC. WHEREAS, LPT has developed and is continuing to develop certain unique and specialized fitness play for children known as LET’S PLAY TODAY, FITNESS FUN FOR KIDS (the Program). LPT is the sole and exclusive owner of all identification schemes, standards, specifications, operating procedures and other concepts embodied in the Program. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
You will not attempt to register or file a corporate structure using the name(s) or similar name(s), Let’s Play Today or Fitness Fun for Kids
ONLINE STORE TERMS
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We own all intellectual property rights in the Website and all the materials comprised in it and appearing on it (even if these are accessed or accessible via an external link such as YouTube) (“Materials”) and all our intellectual property and moral rights are reserved. We own the registered trade mark “LETS PLAY TODAY®”. All Materials and our Website are protected by copyright law and these terms provide details of how you may use them.
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Confidential Information
You acknowledge that LPT's operations, copyrights, Training Manuals, and programs, (“Confidential Information”) are valuable, special, proprietary, and unique assets of LPT and agree that you shall not, during and after the term of this agreement, any renewals, and thereafter, disclose all or any part the Confidential Information to any person, firm, corporation, association, or other entity for any reason or purpose. The Confidential Information is acknowledged to be proprietary to LPT, and its use or duplication by you in any other business would constitute an unfair method of competition. You agree to use all reasonable efforts to maintain such copyrighted Manuals as secret and confidential and shall not at any time, without LPT’s prior written consent, copy, duplicate, record, or otherwise reproduce the copyrighted Manuals, in whole or in part, nor otherwise make the same available to any unauthorized person provided, that the foregoing shall not apply to the extent that you are required to disclose the Confidential Information by applicable law or legal process so long as you promptly notify LPT of such pending disclosure and consult with LPT prior to such disclosure concerning the advisability of seeking a protective order or other means of preserving the confidentiality of the Confidential Information; provided, further, that, you may use the Confidential Information and disclose the Confidential Information to your employees and independent contractors solely in connection with offering the Program. LPT may pursue all remedies available for any breach or threatened breach, including the recovery of damages from you.
Waiver and Release of Publicity Rights.
You grant LPT and those acting under this authority the unqualified right and permission to reasonably and fairly reproduce and use your name and photograph in any publication, circular, or advertisement relating to the business of LPT without compensation. This authorization and release covers the unlimited use of said still photographs, videotapes and/or audiotapes in any published form and any media of trade, including but not limited to the LPT website, in any part of the world for an unlimited period of time. You fully understand that this is a complete release of all claims against LPT or any other person, firm or corporation acting with their authority by reason of any such use of such still photographs, videotapes and/or audio tapes. When taking photographs or video taping your own students, instructors, independent contractors and employees, you must obtain a written release and permission slip from an authorized parent, guardian or adult. Any photographs or videos submitted to LPT or posted on the LPT website must be accompanied by signed release forms in the format included with your materials.
You may not broadcast, copy, alter, adapt, modify, change or translate Materials of any page(s) from our Website, Episodes, Lesson Plans or broadcast or represent that you have created or originated them.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall LET'S PLAY TODAY, our directors, employees, affiliates, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless LET'S PLAY TODAY and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
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Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice. You shall have no power or right to make any commitment binding or obligating LPT in any manner. The success of your business depends solely upon your ability as an independent business owner. You acknowledge that LPT has not guaranteed that you will succeed in the operation your business. You have received, read, and understood this Agreement, and you have been accorded ample time and opportunity to consult with your business advisors, attorney and/or financial consultant of your own choosing about the potential benefits and risks of entering into this Agreement.
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EARNINGS DISCLAIMER
Every effort has been made to accurately represent our programs and the educational value they provide. However, there is no guarantee that you will earn any money using the strategy and ideas in these materials. When we present revenue and sales figures on our website, or through coaching calls, or video format, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. By continuing to use our website and accessing our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.
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This Agreement is accepted in the Commonwealth of Pennsylvania and shall be interpreted in accordance with, and the rights of the parties hereto shall be determined by the laws of the Commonwealth of Pennsylvania. By entering into this Agreement, you submit to and acknowledge the personal jurisdiction of the courts of the Commonwealth of Pennsylvania and the federal courts of the United States of America located in such state.
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