1. The trademark The Play School as well as certain logos and other Marks used in the Site (the "Marks") are owned by The Play School and used under license by its affiliated companies. You may not use the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms and Conditions. Any other use is strictly prohibited and The Play School will take all necessary action to enforce its rights.
2. You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms and Conditions. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark, or other proprietary notice. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of Seward's Folly Inc. which it vigorously protects.
3. The Site provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to The Play School through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post becomes the property of The Play School, or its affiliates and The Play School is free to use, without being limited there to, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
4. The Play School has used reasonable efforts to include accurate and up-to-date information on the Site; however, it makes no warranties or representation as to the accuracy of its contents. Neither The Play School, Inc. nor any of its' affiliates assume any liability or responsibility for any errors or omissions in the contents of the Site.
5. This Site and all content, included or available therein, are provided "As Is" and "As Available" with all faults. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). The Play School does not represent or warrant that your use of the Site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that any content is accurate or correct. Your use of this Site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you. Under no circumstance shall The Play School, its parent, subsidiaries, or affiliates and each of the foregoing directors, officers, employees, agents, contractors, counsel, successors and assigns be liable for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from the use of or inability to use this Site or any portion thereof including, without being limited thereto, any offering that may be made therein. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Play School had been advised of the possibility of such liability. The total liability of The Play School to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Site. You may bring no claim against The Play School more than one (1) year after the action arose. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of The Play School in such jurisdiction shall be limited to the extent permit by the law there under.
6. The Play School makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, The Play School does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the The Play School Site without first obtaining its written permission.
7. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any laws. The Play School will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
8. This Site is controlled by The Play School from its offices within the United States of America. The Play School makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of Indiana without regard to its conflict of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Fort Wayne, Indiana USA.
9. Any failure by The Play School to enforce any of its rights under these Terms and Condition or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms and Conditions shall be deemed unlawful by a Court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms and conditions contain the entire agreement between you and The Play School relating to your use of the Site.
10. The Play School may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
Forward-looking statements in this website, if any, are made under the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Certain important factors could cause results to differ materially from those anticipated by the forward-looking statements, including the impact of changing economic or business conditions, the impact of competition, the availability of favorable credit and trade terms, the impact of changes in the cost or availability of food and real estate, government regulation, construction costs, weather conditions and other factors discussed from time to time in reports filed by the Company with the Securities and Exchange Commission.
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Fishers, IN 46037
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