PLEASE READ THESE TERMS CAREFULLY.

BY (1) ACCESSING OR USING THIS WEBSITE AND ANY OTHER WEBSITES THROUGH WHICH TINY SEEDS NATURE PLAY LLC ("TINY SEEDS") MAKES ITS SERVICES AVAILABLE (COLLECTIVELY, THE “WEBSITE”), INCLUDING USING THE SERVICES, (2) CLICKING ON THE “I ACCEPT” BUTTON, (3) COMPLETING THE REGISTRATION PROCESS, AND/OR (4) MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TINY SEEDS NATURE PLAY LLC, AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE PERSON OR ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT PERSON OR ENTITY TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. THE WEBSITE AND THE SERVICES TOGETHER ARE REFERRED TO IN THESE TERMS AS THE “TINY SEEDS PLATFORM.”

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY TINY SEEDS NATURE PLAY LLC IN ITS SOLE DISCRETION AT ANY TIME.

(1) Registering Your Account. In order to access certain features of the programs offered through Tiny Seeds Nature Play LLC and the Tiny Seeds Platform or as a Parent to register for a Class or Event, you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered for a Tiny Seeds account on the Website (“Account”). Tiny Seeds Nature Play LLC may maintain different types of Accounts for different types of Users.

(2) Registration Data. In registering for an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using programs offered through Tiny Seeds Nature Play LLC or the Tiny Seeds Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Tiny Seeds Nature Play LLC Materials or the Tiny Seeds Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify Tiny Seeds immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tiny Seeds has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tiny Seeds has the right to suspend or terminate your Account and refuse any and all current or future use of Tiny Seeds programs and/or the Tiny Seeds Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account per platform at any given time. Tiny Seeds reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use Tiny Seeds Materials or the Tiny Seeds Platform if you have been previously removed by Tiny Seeds Nature Play LLC, or if you have been previously banned from any of Tiny Seeds Materials or the Tiny Seeds Platform (or any portion thereof).

The following terms apply to Parents who want to register their children in Classes or for Events:

(1) Terms Binding Upon Minors. As a Parent, when you enroll one or more of your children in a Class or Event, you represent that you are the parent or legal guardian of all such individuals under the age of 18 who are participating in the Class or Event, or accompanying you to such Class or Event (“Children”) and you agree that these Terms are also binding upon your Children.

(2) No Class or Event Guarantee. Tiny Seeds reserves the right to reschedule or cancel any Class or Event for any reason without notice. Tiny Seeds may disqualify anyone at any time during a Class or Event from participating in any and all activities, including if Tiny Seeds feels your or your Children’s continued participation will jeopardize any individuals involved or others. In the event a Class or Event is listed at an incorrect location, or a class is listed at an incorrect price, due to typographical error or other error, Tiny Seeds will have the right to refuse or cancel any registrations for enrollment placed for such Class or Event. Tiny Seeds will have the right to refuse or cancel any such registrations for enrollment whether or not the registration has been confirmed or your credit card charged. If your credit card has already been charged for the registration and your registration is cancelled, Tiny Seeds will issue a credit to your credit card account in the amount charged to you for such Event or Class.

(3) Event Participation. Events are hosted by Leaders for you and your Children to participate. Event descriptions, terms and conditions, and any fees that may be applicable for an Event are set forth on the page for that Event.

(4) Class Participation. Class descriptions, terms and conditions, and any fees that may be applicable for a Class are set forth on the page for that Class. Tiny Seeds, at its sole discretion, may make promotional offers with different features and different rates to any Enrollee. These promotional offers, unless made to you, will have no bearing whatsoever on the amount you owe to Tiny Seeds.

(5) Class Enrollment Plans. If you register your Children for one or more Classes, Tiny Seeds will charge you upon registration for the Class. If you decide not to attend any prepaid Classes, you will not be eligible for a prorated refund of any portion of the prepaid fees.

(6) Payment for Classes or Events. All prices are quoted in U.S. dollars and are valid and effective only in the United States. Enrollees must provide Tiny Seeds with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) when registering Children for a Class or Event. If you are an Enrollee and Tiny Seeds does not receive payment from you or your Payment Provider for any Classes or Events, (i) you agree to pay all amounts owed by you upon demand, and (ii) you agree that Tiny Seeds may either terminate or suspend your participation in any Classes or Events. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Tiny Seeds with your credit card number and associated payment information, you hereby authorize Tiny Seeds to immediately charge your credit card for all fees and charges due and payable to Tiny Seeds hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Tiny Seeds of any change in your billing address or the credit card used for payment hereunder. Tiny Seeds reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Tiny Seeds Platform or by e-mail delivery to you.

(7) Food and Drinks. Tiny Seeds does not monitor the serving of any foods or beverages at any Classes or Events. You understand that if food and beverages are provided at a Class or Event for you and your Children to consume, you are free to choose which foods and beverages, if any, you and your Children consume, and you accept sole responsibility for all risks associated with such consumption by you and your Children, including food sickness, allergic reaction, and death. You are solely responsible for any food or beverages that you bring to any Classes or Events.

(8) Medical Emergency. In case of medical emergency, you authorize the Leader and Tiny Seeds to secure emergency medical treatment for your Children. You hereby agree to pay for any charges for emergency medical treatment that are not covered by your or your Children’s personal health insurance.

(9) Refunds. Payments made to Tiny Seeds are subject to refund in accordance with Tiny Seeds’ refund policy available at www.tinyseedsnp.com/faqs

(10) Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following email address: tinyseedsNP@gmail.com

Tiny Seeds uses Stripe Inc. (“Stripe”) as third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Tiny Seeds programs, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/us/privacy as applicable. You hereby consent to provide and authorize Tiny Seeds and Stripe to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

(11) User Responsibility. As a User, you are solely responsible for your interactions with other Users of the Tiny Seeds Platform and any other parties with whom you interact through the Services; provided, however, that Tiny Seeds reserves the right, but has no obligation, to intercede in disputes. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. TINY SEEDS NATURE PLAY LLC AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM. TINY SEEDS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS. TINY SEEDS MAKES NO REPRESENTATIONS IN CONNECTION WITH PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. NEITHER TINY SEEDS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. We encourage you to exercise caution and to only meet with Users that you know and trust.

(12) Content Provided by Other Users. The Tiny Seeds Platform may contain User Content provided by other Users. Tiny Seeds is not responsible for and does not control User Content. Tiny Seeds has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

(13) Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, images of minors, and/or other materials accessible through the Tiny Seeds Platform (“Content”), including the Tiny Seeds Materials, is the sole responsibility of the party from whom such Content originated. This means that you, and not Tiny Seeds, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Tiny Seeds Platform and the Tiny Seeds Materials (“Your Content”), and that you and any other Users of Tiny Seeds Platform and the Tiny Seeds Materials, and not Tiny Seeds, are similarly responsible for all Content Users make available through the Tiny Seeds Platform or the Tiny Seeds Materials (“User Content”). “Content” includes Your Content and User Content.

(14) No Obligation to Pre-Screen Content. You acknowledge that Tiny Seeds has no obligation to pre-screen Content (including, but not limited to, User Content), although Tiny Seeds reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that Tiny Seeds pre-screens, refuses or removes any Content, you acknowledge that Tiny Seeds will do so for Tiny Seeds' benefit, not yours. Without limiting the foregoing, Tiny Seeds will have the right to remove any Content that violates the Terms or is otherwise objectionable.

(15) Tiny Seeds Materials. Except with respect to Your Content and User Content, you agree that Tiny Seeds and its suppliers own all rights, title and interest in Tiny Seeds Materials. You hereby agree and acknowledge that any modifications or updates to the Tiny Seeds Materials shall be the sole and exclusive property of Tiny Seeds. You hereby assign to Tiny Seeds all rights, title, and interest to any modification or updates to the Tiny Seeds Materials.

(16) Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Tiny Seeds Materials, except as otherwise provided in these Terms.

(17) Your Content. Tiny Seeds does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Tiny Seeds Platform or as part of the Tiny Seeds Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

(18) License to Your Content. Subject to any applicable account settings that you select, you grant Tiny Seeds a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Tiny Seeds Platform or as part of the Tiny Seeds Materials. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Tiny Seeds Platform or as part of the Tiny Seeds Materials. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Tiny Seeds, are responsible for all of Your Content that you make available on or in the Tiny Seeds Platform or as part of the Tiny Seeds Materials.

(19) Tiny Seeds Materials may contain links to third-party websites and services (“Third-Party Services”), including without limitation, video and audio conferencing services. When you use a Third-Party Service through or in connection with your use of the Services, we will not warn you that you have left Tiny Seeds' Platform and are subject to the terms and conditions (including privacy policies) of another website, service, or destination. Such Third-Party Services are not under the control of Tiny Seeds. Tiny Seeds is not responsible for any Third-Party Services. Tiny Seeds provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services or their products or services. You use all links in Third-Party Services at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

(1) Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Tiny Seeds Materials, unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used Tiny Seeds Materials or the Tiny Seeds Platform prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Tiny Seeds Materials or the Tiny Seeds Platform (whichever is earlier) and will remain in full force and effect while you use Tiny Seeds Materials or the Tiny Seeds Platform, unless earlier terminated in accordance with the Terms.

(2) Termination of Services by Tiny Seeds. If you have materially breached any provision of the Terms, if Tiny Seeds is required to do so by law (e.g., where the provision of the Website or the Services or Tiny Seeds Materials is, or becomes, unlawful), or if Tiny Seeds decides, in its sole discretion, to discontinue the Services or all or part of the Tiny Seeds Materials or Tiny Seeds Platform, Tiny Seeds has the right to, immediately and without notice, suspend or terminate any Services provided to you.

(3) Tiny Seeds Rights. If Tiny Seeds becomes aware of any possible violations by you of the Terms, Tiny Seeds reserves the right to investigate such violations. In the event that Tiny Seeds determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Tiny Seeds Materials or Tiny Seeds Platform, Tiny Seeds reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Tiny Seeds) that you have violated the Terms; (ii) delete any of Your Content provided by you or your agent(s) to Tiny Seeds Materials or Tiny Seeds Platform; (iii) discontinue your registration(s) with any of Tiny Seeds Materials or Tiny Seeds Platform, including the Services, School Programs, Classes, and Events; (iv) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which Tiny Seeds deems to be appropriate. If, as a result of the investigation, Tiny Seeds believes that criminal activity has occurred, Tiny Seeds reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Tiny Seeds is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Tiny Seeds Materials or Tiny Seeds Platform, including Your Content, in Tiny Seeds’ possession in connection with your use of Tiny Seeds Materials or Tiny Seeds Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tiny Seeds, its Users or the public, and all enforcement or other government officials, as Tiny Seeds in its sole discretion believes to be necessary or appropriate.

(4) If your Account is terminated by Tiny Seeds due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access Tiny Seeds Materials or Tiny Seeds Platform through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Tiny Seeds reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

(5) You agree that all terminations for cause will be made in Tiny Seeds’ sole discretion and that Tiny Seeds will not be liable to you or any third-party for any termination of your Account.

(6) Termination of Services by You. If you want to terminate the Services provided by Tiny Seeds, you may do so by (a) notifying Tiny Seeds at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Tiny Seeds' address set forth above.

(7) Effect of Termination. Termination of any Service may include removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Tiny Seeds will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

(8) Electronic Communications. The communications between you and Tiny Seeds use electronic means, whether you visit Tiny Seeds Materials or the Tiny Seeds Platform or send Tiny Seeds e-mails, or whether Tiny Seeds posts notices on the Tiny Seeds Platform or in the Tiny Seeds Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Tiny Seeds in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tiny Seeds provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Release of Liability

You agree to indemnify and hold Tiny Seeds, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Tiny Seeds Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Tiny Seeds Materials or the Tiny Seeds Platform; (c) your acts or omissions in connection with the Services; (d) your violation of any rights of another party, including any User; (e) any act or failure to act by you and/or for Parents, your Children, as applicable, (e) any matter arising out of or related to your or for Parents, your Children’s attendance or participation at a Class, Event, or Activity, including any claims by any venues against Tiny Seeds Parties, or (f) your or for Parents, your Children’s violation of any applicable laws, rules or regulations, as applicable. Tiny Seeds reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tiny Seeds in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Tiny Seeds Materials.

(1) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW (I) YOUR USE OF TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM, (II) FOR PARENTS, THE MATERIALS USED IN CONNECTION WITH CLASSES OR EVENTS, AND (III) FOR PARENTS, YOUR AND YOUR CHILDREN’S ATTENDANCE OR PARTICIPATION IN ANY CLASSES, EVENTS, OR ACTIVITIES, ARE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TINY SEEDS MATERIALS, TINY SEEDS PLATFORM AND ALL TINY SEEDS MATERIALS, FOOD, AND BEVERAGES PROVIDED, IF ANY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TINY SEEDS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(2) YOU ACKNOWLEDGE AND AGREE THAT THE TINY SEEDS PARTIES ARE NOT RESPONSIBLE FOR AND WILL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE TINY SEEDS PLATFORM OR TINY SEEDS MATERIALS; (II) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM; (III) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS; (IV) THE CONDUCT OF ANY ENROLEE OR GUEST; OR (V) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. TINY SEEDS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY USER OR THEIR CHILDREN BY ANY LEADER OR OTHER USER ARISING OUT OF THE TINY SEEDS PLATFORM.

(3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TINY SEEDS OR THROUGH THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(4) No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TINY SEEDS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TINY SEEDS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES (INCLUDING ENROLEES AND GUESTS), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

(5) No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMPANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES.

(6) Release. You agree to bear all risk and hereby release the Tiny Seeds Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage or loss, that is either directly or indirectly related to or arises from any Classes, Events, Activities, or interactions with or conduct of other Users or other third-parties. You agree that the safety and well-being of you and/or your Children and the loss, theft, or destruction of you and/or your Children’s belongings are your sole responsibility. You agree that you understand that there may be inherent dangers in the Activities, Classes, and Events provided through the classes offered by Tiny Seeds or the Tiny Seeds Platform. YOU HEREBY ACKNOWLEDGE THAT YOU AND/OR FOR PARENTS, YOUR CHILDREN, MAY BE SUBJECT TO CERTAIN RISKS BY PARTICIPATING IN ACTIVITIES, EVENTS, OR CLASSES AND YOU AGREE (ON BEHALF OF YOURSELF AS WELL AS ON BEHALF OF YOUR CHILDREN, IF APPLICABLE) TO ASSUME ALL SUCH RISKS AND LIABILITIES ARISING THEREFROM. Tiny Seeds reserves the right, but has no obligation, to intercede in any disputes between Users.

(1) Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL TINY SEEDS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TINY SEEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM OR ANY CONTENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM OR ANY CONTENT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM OR ANY CONTENT; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY; OR (5) ANY OTHER MATTER RELATED TO THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM OR ANY CONTENT, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

(2) Cap on Liability. UNDER NO CIRCUMSTANCES WILL TINY SEEDS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY TINY SEEDS AS A RESULT OF YOUR USE OF THE TINY SEEDS MATERIALS OR THE TINY SEEDS PLATFORM OR ANY CONTENT. IF YOU HAVE NOT PAID TINY SEEDS ANY AMOUNTS, TINY SEEDS' SOLE AND EXCLUSIVE LIABILITY WILL BE LIMITED FIFTY DOLLARS ($50).

(3) Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TINY SEEDS AND YOU.

(4) Force Majeure. Tiny Seeds will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

(5) Limitations Period. YOU AND TINY SEEDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, TINY SEEDS MATERIALS, THE TINY SEEDS PLATFORM, OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(6) Arbitration Agreements.

1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Tiny Seeds that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of any arbitration agreement entered into by the Parties (“Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings will be held in English. The Arbitration Agreement applies to you and Tiny Seeds, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Tiny Seeds Nature Play LLC should be sent to: tinyseedsNP@gmail.com. After the Notice is received, you and Tiny Seeds may attempt to resolve the claim or dispute informally. If you and Tiny Seeds do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

3. Arbitration Rules. Arbitration will be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. The rules of the ADR Provider will govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 50 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

5. Time Limits. If you or Tiny Seeds pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ADR Rules for the pertinent claim.

6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tiny Seeds, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tiny Seeds.

7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Tiny Seeds in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TINY SEEDS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

9. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under the Arbitration Agreement.

(7) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Johnston County, NC for such purpose.

(8) Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of North Carolina, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

(9) Notice. Where Tiny Seeds requires that you provide an e-mail address, you are responsible for providing Tiny Seeds with your most current e-mail address. In the event that the last e-mail address you provided to Tiny Seeds is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Tiny Seeds' dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

(10) Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

(11) Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

(12) Construction. The term “including” as used in the Terms means “including but not limited to.”

(13) Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

End of Terms