Koala School

KOALA-NC LLC
WEBSITE TERMS OF USE
Updated: 7/21/2024

PLEASE READ THESE TERMS CAREFULLY

Koala-NC LLC (“Koala-NC,” “we,” or “us”) has established these Terms of Use (“Terms”) to outline the conditions that apply to your use of our website or any other online presence owned or operated by Koala-NC LLC or its affiliates (collectively, the “Websites”). By accessing or using the Websites, you agree to these Terms, which form a binding agreement between you and Koala-NC LLC.

1. USE OF THE WEBSITES
Access to and use of the Websites is at the sole discretion of Koala-NC LLC. The Websites are intended for individuals who are at least 18 years old. By using the Websites, you affirm that you: (i) are at least 18 years old and capable of entering into a legally binding contract, and you ratify any prior grants of rights, consents, agreements, assignments, and waivers made by you; and (ii) all information provided by you on the Websites is accurate, current, and complete. We reserve the right to deny access to the Websites or services at our sole discretion, at any time, and for any reason, including but not limited to, violations of these Terms.

We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to access and view the content on the Websites (the “Content”), including text, images, videos, and other materials, solely for your personal, non-commercial use. All other rights in the Content are reserved by us and our licensors. You may not reproduce, distribute, modify, publicly perform, display, or create derivative works from any Content without our express written permission.

2. PRIVACY POLICY
Your privacy is important to us. Please review our Privacy Policy, which is posted on each of the Websites. This policy is incorporated into these Terms by reference. Definitions of capitalized terms not defined in these Terms can be found in our Privacy Policy.

3. PROHIBITED ACTIVITIES
When using the Websites, you agree not to engage in or attempt any of the following activities, in accordance with applicable laws:
(a) Use the Websites or any services in violation of local, state, national, or international laws, regulations, or statutes, or for any unauthorized purposes.
(b) Access areas of the Websites not intended for you, tamper with or alter information, or interfere with other users’ content.
(c) Use automated tools or methods to extract data, send unsolicited commercial communications, or disrupt the Websites’ operations.
(d) Misrepresent your identity, reverse engineer the Websites, or send harmful code such as viruses or spyware.
(e) Engage in any activity that imposes an unreasonable burden on our infrastructure or disrupts the normal operation of the Websites.
(f) Engage in phishing or deceptive practices aimed at collecting personal information.

To comply with legal obligations or protect our systems and users, Koala-NC LLC may access and disclose information, including user profiles, IP addresses, and usage history, as necessary.

4. DISCLAIMER
THE CONTENT PUBLISHED ON THE WEBSITES MAY INCLUDE INACCURACIES OR ERRORS. KOALA-NC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THE WEBSITES. THE WEBSITES ARE PROVIDED “AS IS,” “WHERE IS” AND “WITH ALL FAULTS.”
KOALA-NC DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO THE WEBSITES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY USE AND/OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KOALA-NC DOES NOT WARRANT THAT: (I) THE WEBSITES SHALL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY, (II) KOALA-NC WILL CORRECT ALL PROGRAM ERRORS, OR (III) THE WEBSITES WILL MEET YOUR REQUIREMENTS. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET, YOU ACKNOWLEDGE THAT KOALA-NC HAS NO CONTROL OVER THE FUNCTIONING OF THE INTERNET AND KOALA-NC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET.

5. LIMITATION OF LIABILITY
THE TOTAL LIABILITY, IF ANY, OF KOALA-NC LLC UNDER THESE TERMS, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF NEGLIGENCE, BREACH OF CONTRACT, TORT, BREACH OF WARRANTY CLAIMS BY THIRD PARTIES OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT IN ANY EVENT EXCEED, IN THE AGGREGATE, THE LESSER OF FEES ACTUALLY PAID BY YOU TO KOALA-NC DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR $10.00.
KOALA-NC SHALL IN NO EVENT WHATSOEVER BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOST DATA OR ECONOMIC LOSS, EVEN IF KOALA-NC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

6. THIRD-PARTY WEBSITES
The Websites may include links to third-party websites that we do not control. We are not responsible for the availability or accuracy of such sites or for any content, advertising, products, or services on those sites. The inclusion of links does not imply endorsement. Use these links at your own risk and review the third-party website’s privacy statement and terms of use.

7. GENERAL
The Websites are operated by Koala-NC LLC, and these Terms are governed by the laws of the State of North Carolina, USA. Any disputes arising from these Terms or the Websites must be resolved exclusively in the courts of Wake County, North Carolina or the U.S. District Court for the Eastern District of North Carolina.

If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in effect. These Terms constitute the entire agreement between you and Koala-NC LLC regarding the Websites and supersede all prior agreements and communications. A printed version of these Terms and any notices given electronically will be admissible in judicial or administrative proceedings.

We may update these Terms from time to time. When changes are made, we will revise the date at the top of these Terms and notify you of significant changes by email or through prominent notices on the Websites. We recommend checking the Websites periodically for updates.