Terms of Service

OPEN SPACES, LLC TERMS AND CONDITIONS

Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Open Spaces, LLC (“Open Spaces”, “our” or “we”), as well as any online features, services and/or programs offered by Open Spaces (collectively, the “Website”).

By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. The Website is not intended for, or designed to be used by or attract, children under the age of thirteen (13).

1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, Open Spaces does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) Open Spaces has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained by you in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Open Spaces. We may make changes to the Website and/or to the services described in these Terms at any time and without further notice to you.
3. USER ACCOUNT, PASSWORD AND SECURITY. When and if User Accounts are used in connection with the Website, the following shall apply.
   1. (a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password, User Account and other personal information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Open Spaces of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
   2. (b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Open Spaces has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
   3. (c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.

1. DISCLAIMERS.
   1. (a) NO WARRANTIES. You expressly agree that your use of the website is at your sole risk. The website and the content are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Open Spaces makes no representations or warranties that the website, the content or any services offered in connection with the website are or will remain uninterrupted or error-free, that defects will be corrected or that the web pages on the website, or the servers used in connection with the website, are or will remain free from any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components. Open Spaces does not guarantee that you will be able to access or use the website at times or locations of your choosing, or that Open Spaces will have adequate capacity for the website as a whole or in any specific geographic area. The entire liability of Open Spaces, and your exclusive remedy with respect to the use of any service or product provided on or through the website, will be the refund of the purchase price for any products or services found to be inadequate.
   2. (b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Open Spaces, and their respective owners, directors, officers, employees and agents, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Open Spaces, directly or indirectly, with respect to or arising out of: (i) your failure to comply with or your breach of these Terms; and/or (ii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

1. LIMITATION OF LIABILITY. In no event will Open Spaces be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the website and/or any products or services provided in connection with the website or for any other claim related in any way to your use of the website and/or any products or services provided in connection with the website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions the liability of Open Spaces will be limited to the greatest extent permitted by applicable law.
2. NO GUARANTEE OF ADMISSION. The availability of the Website does not constitute a placement in classes or a guarantee of availability of services by Open Spaces.
3. PRIVACY. Personal data that you provide to Open Spaces regarding yourself and/or your children will be handled in accordance with Open Spaces’ Privacy Policy.
4. THIRD PARTY CONTENT.
   1. (a) The Website may provide hyperlinks to other websites maintained by third parties, or third party content may be provided on the Website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content on any linked website is not under Open Spaces’ control, and Open Spaces is not responsible for the content of linked websites, including any further links contained in a third party website. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
   2. (b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Open Spaces. Open Spaces may not be aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment or frame Content; (iii) may not imply that Open Spaces is endorsing it or its products or services; (iv) may not misrepresent its relationship with Open Spaces; (v) may not present false or misleading information about Open Spaces, or their respective products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.

1. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are either (a) Open Spaces’, or (b) another party’s registered and unregistered trademarks. Open Spaces is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Open Spaces, that may be referred to on the Website are the property of Open Spaces. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Open Spaces’, trademarks, service marks or copyrights without Open Spaces’ prior written permission. Open Spaces aggressively enforces its intellectual property rights. Neither the terms “Open Spaces”, nor any of Open Spaces’ other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Open Spaces’ prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 8(b) above may use the term “Open Spaces”.
2. SUBMISSIONS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to Open Spaces’ Privacy Policy. However, if you send, transmit, post, email or otherwise convey to Open Spaces, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself or your child(ren), or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), subject to Open Spaces’ Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant Open Spaces, and their respective successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to Open Spaces, and their respective successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to Open Spaces that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Open Spaces, and their respective successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
3. AVAILABILITY. Information that Open Spaces publishes on the Website may contain references or cross-references to products, programs or services of Open Spaces, partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that Open Spaces, partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Open Spaces regarding the products, programs and services that may be available to you, if any.
4. COPYRIGHT COMPLAINTS. Open Spaces owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of Open Spaces. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Open Spaces will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to Open Spaces at: 1602 28^th Ave S, Fargo, ND 58103.
5. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Open Spaces, to the business of the Website’s Internet service provider, or to other information providers.
6. GOVERNING LAW. These Terms will be governed by the laws of the North Dakota, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of North Dakota, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
7. LOCAL LAWS. Open Spaces makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. The Website is intended to users in the United States only. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Open Spaces is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Your Consent To This Agreement

By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:

Open Spaces, LLC

1602 28^th Ave S
Fargo, ND 58103

admin@playinopenspaces.com

Copyright © 2022 Open Spaces, LLC. All Rights Reserved.

EFFECTIVE AS OF: May 1, 2022
LAST UPDATED: August 20, 2022