Terms of Service

Welcome to Tomorrow Innovations Inc Inc (TomoClub). Tomorrow Innovations Inc Inc (TomoClub) provides an Online platform for kids (9-14 years) to make friends and learn 21st century skills via social simulations & games. (collectively, “Children,” “Students” or “you”). The website at https://tomoclub.org  (the “Site”) and the various other related services and other features, functions, software, applications and websites (together with the Tomorrow Innovations Inc Inc (TomoClub), and the Site, collectively the “Tomorrow Innovations Inc Inc (TomoClub) Services”) are provided and operated, and are being made available to you, the other Students, the parents or legal guardians of any Student (“Parents” or “you”) and the other users of any of the Tomorrow Innovations Inc Inc (TomoClub) Services (collectively, “Users”) by Tomorrow Innovations Inc Inc (TomoClub), Inc. (“Tomorrow Innovations Inc Inc (TomoClub)”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service. 

IMPORTANT! THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR APPLICATION FOR YOUR CHILD TO PARTICIPATE IN THE TOMOCLUB, YOUR CHILD’S PARTICIPATION IN THE Tomorrow Innovations Inc Inc (TomoClub), YOUR ACCESS AND USE OF THE SITE, AND THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES. BY CLICKING “I AGREE”, ACKNOWLEDGING YOUR AGREEMENT, AGREEING VERBALLY, APPLYING FOR ADMISSION FOR YOUR CHILD TO PARTICIPATE IN THE Tomorrow Innovations Inc Inc (TomoClub), YOUR CHILD’S PARTICIPATION IN THE Tomorrow Innovations Inc Inc (TomoClub), YOUR ACCESS OR USE THE SITE OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE (FOR YOURSELF AND YOUR CHILD), AND ARE DOING SO, (B) YOU CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND YOUR CHILD) SHALL BE BOUND BY THESE TERMS OF SERVICE AND Tomorrow Innovations Inc Inc (TomoClub)’ PRIVACY POLICY (HTTPS://WWW.Tomorrow Innovations Inc Inc (TomoClub).IS/PRIVACY/)(THE “PRIVACY POLICY”) AND COPPA POLICY (https://tomoclub.org/coppapolicy)(THE “COPPA POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THE PRIVACY POLICY OR THE COPPA POLICY, YOU (OR YOUR CHILD) MAY NOT PARTICIPATE IN THE Tomorrow Innovations Inc Inc (TomoClub) AND YOU SHOULD NOT ACCESS OR USE ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES.

These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Tomorrow Innovations Inc Inc (TomoClub) to binding and final arbitration. You will only be permitted to pursue claims against Tomorrow Innovations Inc Inc (TomoClub) on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. 

1) Eligibility

TO APPLY FOR ADMISSION FOR YOUR CHILD TO PARTICIPATE IN THE Tomorrow Innovations Inc Inc (TomoClub), TO ACCESS AND USE THE SITE AND THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE. BY CLICKING “I AGREE,” ACKNOWLEDGING YOUR AGREEMENT, AGREEING VERBALLY OR APPLYING FOR ADMISSION FOR YOUR CHILD TO THE Tomorrow Innovations Inc Inc (TomoClub), OR ACCESSING AND USING ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES, YOU REPRESENT THAT: 

 

  • YOU ARE THE PARENT OF THE CHILD FOR WHOM YOU ARE APPLYING FOR ADMISSION TO PARTICIPATE IN THE Tomorrow Innovations Inc Inc (TomoClub)
  • NEITHER YOU NOR YOUR CHILD HAS BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE TOMOCLUB, OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES;
  • YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TOMOCLUB
  • YOU AND YOUR CHILD WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS
  • YOU ARE NOT A COMPETITOR OF Tomorrow Innovations Inc Inc (TomoClub) AND DO NOT INTEND TO USE THE Tomorrow Innovations Inc Inc (TomoClub), OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES FOR REASONS THAT ARE IN COMPETITION WITH Tomorrow Innovations Inc Inc (TomoClub) OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES FOR ANY REASON
 

2) Privacy

 

Your privacy is important to Tomorrow Innovations Inc Inc (TomoClub). Our goal is to make the Tomorrow Innovations Inc Inc (TomoClub) and the other Tomorrow Innovations Inc Inc (TomoClub) Services as good, useful and rewarding for you as possible.

In order to do that, Tomorrow Innovations Inc Inc (TomoClub) may collect and process information from you when you use the Tomorrow Innovations Inc Inc (TomoClub) or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services. Tomorrow Innovations Inc Inc (TomoClub) will collect certain personally identifiable information from you or your Child as set forth in more detail in our Privacy Policy. By applying for your Child to participate in the Tomorrow Innovations Inc Inc (TomoClub), your Child’s participation in the Tomorrow Innovations Inc Inc (TomoClub) or accessing or using any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, you agree that Tomorrow Innovations Inc Inc (TomoClub) may collect, use and disclose, as set forth in the Privacy Policy and the COPPA Policy, the information you or a Child provides when participating in the Tomorrow Innovations Inc Inc (TomoClub) or you access or use any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, and in some cases, information that is provided by or through any of the Tomorrow Innovations Inc Inc (TomoClub) Services.  

The Privacy Policy only applies to minors 13 years old and over and anyone else over 18 years old. The COPPA Policy only applies to minors under the age of 13 and supplements the Privacy Policy. 

 

3) The Tomorrow Innovations Inc Inc (TomoClub)

3.1 Participation

in the Tomorrow Innovations Inc Inc (TomoClub).

(a) For a Student to participate in the Tomorrow Innovations Inc Inc (TomoClub), the Student’s Parent must apply by submitting the Student’s first and last name and any other information requested at the time. We will send an email notifying the Parent of a Student’s acceptance in, or rejection from, the Tomorrow Innovations Inc Inc (TomoClub)

(b) If a Student is accepted to participate in the Tomorrow Innovations Inc Inc (TomoClub), the applicable subscription fees must be paid in order for your Child to participate in, and attend classes at, the Tomorrow Innovations Inc Inc (TomoClub)(as described below in Section 4).

(c) In applying for your Child to participate, and to participate, in the Tomorrow Innovations Inc Inc (TomoClub), you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration process (“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 Tomorrow Innovations Inc Inc (TomoClub) has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tomorrow Innovations Inc Inc (TomoClub) has the right to prohibit you (or your Child) from participating in the Tomorrow Innovations Inc Inc (TomoClub). You agree not to register using a false identity or information, or on behalf of someone other than your Child.

You agree not to access any of the Tomorrow Innovations Inc Inc (TomoClub) Services if you have been previously removed by Tomorrow Innovations Inc Inc (TomoClub) or if you have (or your Child has) been previously banned from participation in the Tomorrow Innovations Inc Inc (TomoClub) or you have been previously banned from accessing and using any of the Tomorrow Innovations Inc Inc (TomoClub) Services.

3.2  Standards

When a Student participates in the Tomorrow Innovations Inc Inc (TomoClub), both the Parent and the Student agree that they will not behave in any way to provoke, bully, demean, or cause harm to others, or to create conflict, with any other Parent, Student or User (collectively, the “Prohibited Behavior”).  If you feel that any Parent, Student or User, including any teacher, has engaged in any Prohibited Behavior, please promptly contact us at info@tomoclub.org . Please provide all relevant information, including your full name, the related Parent, Student or User and the details of the possible engagement of Prohibited Behaviors. To the extent reasonably practicable, we will not disclose your name or the name of your Child.

3.3  Discord

Tomorrow Innovations Inc Inc (TomoClub) believes that providing the students with a convenient way to talk and virtually hang-out with each other could enhance the students’ experience at the Tomorrow Innovations Inc Inc (TomoClub). To that end, Tomorrow Innovations Inc Inc (TomoClub) has set-up its own “server” on Discord (https://discord.com) for the Students. Each Parent will receive an invitation link through his or her email. It is completely up to a Parent to decide whether or not to allow his or her Child to access and use Discord. Discord is an independent third-party site and Tomorrow Innovations Inc Inc (TomoClub) has no control over it. Access and use of Discord is subject to Discord’s Terms of Service (https://discord.com/terms) and Privacy Policy (https://discord.com/privacy). If a Parent allows his or her Child to access and use Discord, such Parent agrees to, and agrees that he or she is solely responsible for ensuring compliance with, Discord’s Terms of Service and Privacy Policy. If you feel that any Parent, Student or User, including any teacher, has engaged in any Prohibited Behavior on Discord, please promptly contact us at info@tomoclub.org

4)  Fees

4.1  Fees

(a) To be able to participate in the TomoClub, the monthly subscription fees associated with each class that has been selected for a Student to attend must be paid (as modified from time to time, the “Subscription Fees”). The current Subscription Fees can be found at https:// https://tomoclub.org/pricing-faqs

(b) Subject to Section 4.4, you may cancel your Child’s participation in the Tomorrow Innovations Inc Inc (TomoClub)at any time by sending us notice at info@tomoclub.org. Upon receipt of your notice of cancellation, we will not charge your credit or debit card any future Subscription Fees. 

4.2 Payment and Taxes 

(a) Payments 

Unless otherwise agreed by Tomorrow Innovations Inc Inc (TomoClub), the monthly Subscription Fees shall be paid prior to the beginning of each month in accordance with Section 4.2 (b) You authorize Tomorrow Innovations Inc Inc (TomoClub) to automatically charge your credit or debit card through the Payment Processor for any such Subscription Fee.

(b) Payment Processing

The Subscription Fees and other payments made in connection with the Tomorrow Innovations Inc Inc (TomoClub) and the other Tomorrow Innovations Inc Inc (TomoClub) Services shall be made through a third-party payment processor directed by Tomorrow Innovations Inc Inc (TomoClub) (e.g., PayPal, Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services for the Tomorrow Innovations Inc Inc (TomoClub)

Platform are currently provided by Stripe and are subject to Stripe’s terms of service (as modified from time to time, the “Stripe Terms”). By agreeing to these Terms or continuing to access or use the Tomorrow Innovations Inc Inc (TomoClub) Platform or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, you agree to be bound by the Stripe Terms. As a condition of Tomorrow Innovations Inc Inc (TomoClub)’s enabling payment processing services through a Payment Processor, you agree to provide the Payment Processor accurate and complete information about you, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Tomorrow Innovations Inc Inc (TomoClub) to share any relevant transaction information to the Payment Processor.

(c) Right to Suspend  

If you fail to pay any Subscription Fees when due, Tomorrow Innovations Inc Inc (TomoClub) may, upon prior written notice to you, suspend your Child’s ability to participate in the Tomorrow Innovations Inc Inc (TomoClub).

(d) Future  Services

 In paying the Subscription Fee, you acknowledge and agree that you are not relying on future availability of the Tomorrow Innovations Inc Inc (TomoClub) beyond the subscription period for which the Subscription Fee that you paid applies.

 

4.3 Changes in Fees and Payment Methods

Tomorrow Innovations Inc Inc (TomoClub) reserves the right at any time to change the Subscription Fees (including to begin charging for services that it is currently providing free of charge or for new features) and billing methods, either immediately upon posting on the Site or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services or by notifying you by email. 

4.4 Refunds

THE SUBSCRIPTION FEES ARE REFUNDABLE UP TO A STUDENT’S THIRD (3RD) CLASS FOR ANY REASON. AFTER THAT, ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY Tomorrow Innovations Inc Inc (TomoClub) IN ITS SOLE DISCRETION.  

5) Right to Access and Use; Unauthorized Use.

5.1 Right

To Access and Use Subject to your compliance with all the terms and conditions set out in these Terms, Tomorrow Innovations Inc Inc (TomoClub) hereby grants (a) to your Child the right to participate in the Tomorrow Innovations Inc Inc (TomoClub) and (b) to you the right to access and use the Site and the other Tomorrow Innovations Inc Inc (TomoClub) Services, to the extent of, and in accordance with, these Terms. 

5.2 Prevention of Unauthorised Use

Tomorrow Innovations Inc Inc (TomoClub) reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or participation the Tomorrow Innovations Inc Inc (TomoClub), or the circumvention of the other Tomorrow Innovations Inc Inc (TomoClub) Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

6) Additional Policies 

When applying for or participating in the Tomorrow Innovations Inc Inc (TomoClub) or requesting, accessing or using any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Tomorrow Innovations Inc Inc (TomoClub), the Site and the other Tomorrow Innovations Inc Inc (TomoClub) Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.

7) Respecting other People’s Rights

Tomorrow Innovations Inc Inc (TomoClub) respects the rights of others and so should you and your Child. You and your Child therefore shall treat all other Students with respect and shall not stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any other Student or User. 

8) Modification of these Terms

Tomorrow Innovations Inc Inc (TomoClub) reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services. If Tomorrow Innovations Inc Inc (TomoClub) updates these Terms, it will update the “last updated” date at the top of the Terms.  Please check these Terms, including any Policies, periodically for changes. Your continued use of the Tomorrow Innovations Inc Inc (TomoClub), or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Tomorrow Innovations Inc Inc (TomoClub) will use commercially reasonable efforts to notify you of such change. Tomorrow Innovations Inc Inc (TomoClub) may provide notice through a pop-up or banner within the Tomorrow Innovations Inc Inc (TomoClub) Services, by sending an email to any address that we may have for you, or through other similar mechanisms.

Additionally, if the changed Terms materially modify your rights or obligations, Tomorrow Innovations Inc Inc (TomoClub) may require you to provide consent by accepting the changed Terms. If Tomorrow Innovations Inc Inc (TomoClub) requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Tomorrow Innovations Inc Inc (TomoClub), such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Tomorrow Innovations Inc Inc (TomoClub) Services.  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR PARTICIPATION IN THE Tomorrow Innovations Inc Inc (TomoClub) AND USE OF ALL OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES. 

To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.

9) Digital Millennium Copyright Act

It is Tomorrow Innovations Inc Inc (TomoClub)’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Tomorrow Innovations Inc Inc (TomoClub)’ DMCA Notification Guidelines at https://TomoClub.is/DMCA/. If you file a notice with our copyright agent, it must complywith the requirements set forth in 17 U.S.C. § 512(c)(3). Tomorrow Innovations Inc Inc (TomoClub) reserves the right to terminate without notice any Student’s participation in the Tomorrow Innovations Inc Inc (TomoClub) and any User’s access to the Site and the other Tomorrow Innovations Inc Inc (TomoClub) Services if that Student or User is determined by Tomorrow Innovations Inc Inc (TomoClub) to be a “repeat infringer.” In addition, Tomorrow Innovations Inc Inc (TomoClub) accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. 

10) Prohibited Conduct

BY PARTICIPATING IN THE Tomorrow Innovations Inc Inc (TomoClub), OR ACCESSING OR USING ANY OF THE OTHER TOMO CLUB SERVICES YOU, AGREE NOT TO:

10.1  Access or use the Tomorrow Innovations Inc Inc (TomoClub) or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services for the benefit of anyone other than yourself (and your Child) except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the Tomorrow Innovations Inc Inc (TomoClub), or using the Tomorrow Innovations Inc Inc (TomoClub) as part of a service bureau or outsourcing offering

10.2  Provide any services, directly or indirectly, that are similar to, or based on, the Tomorrow Innovations Inc Inc (TomoClub) or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services

10.3  Copy, disclose, or distribute any data or other information available through the Tomorrow Innovations Inc Inc (TomoClub), the Site or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, including any information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping”

10.4  Interfere with, circumvent or disable any security or other technological features or measures of the Tomorrow Innovations Inc Inc (TomoClub) or attempt to gain unauthorized access to the Tomorrow Innovations Inc Inc (TomoClub)

10.5  Use bots or other automated methods to: access the Tomorrow Innovations Inc Inc (TomoClub), download any information, send or redirect messages or perform any other activities through the Tomorrow Innovations Inc Inc (TomoClub) or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services

10.6  Take any action that Tomorrow Innovations Inc Inc (TomoClub) determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure

10.7  Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services

10.8  Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity

10.9  Participate in the Tomorrow Innovations Inc Inc (TomoClub), or use any of the other Tomorrow Innovations Inc Inc (TomoClub) Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment

10.10  Use any of the Tomorrow Innovations Inc Inc (TomoClub) Services for any commercial solicitation purposes. 

11) Third-Party Sites

The Site and/or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to our Users. These sites or services may include links to the information about education and other sites or services that we think may be of interest to our Users. Tomorrow Innovations Inc Inc (TomoClub) does not endorse any such  Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Tomorrow Innovations Inc Inc (TomoClub) Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.

12) Mobile and Data Services

You are responsible for any mobile and data charges that you may incur in connection with participation in the Tomorrow Innovations Inc Inc (TomoClub) and use of any of the other Tomorrow Innovations Inc Inc (TomoClub) Services. If you’re unsure what those charges may be, you should ask your service provider before participating in the Tomorrow Innovations Inc Inc (TomoClub) or using any of the other Tomorrow Innovations Inc Inc (TomoClub) Services.  

13) Termination; Terms of Use Violations

13.1 Tomorrow Innovations Inc Inc (tomoClub)

You agree that Tomorrow Innovations Inc Inc (TomoClub) in its sole discretion, for any or no reason, and without penalty, may terminate you (or your Child’s) participation in the Tomorrow Innovations Inc Inc (TomoClub) or your access and use of any of the other Tomorrow Innovations Inc Inc (TomoClub) Services and remove and discard all or any part of your information, at any time. Tomorrow Innovations Inc Inc (TomoClub) may also in its sole discretion and at any time discontinue providing access to the Tomorrow Innovations Inc Inc (TomoClub) or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, or any part thereof, with or without notice. You agree that any termination of your (or your Child’s) ability to participate in the Tomorrow Innovations Inc Inc (TomoClub), or access or use any of the other Tomorrow Innovations Inc Inc (TomoClub) Services may be affected without prior notice, and you agree that Tomorrow Innovations Inc Inc (TomoClub) will not be liable to you or any third party for any such termination. Tomorrow Innovations Inc Inc (TomoClub) reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Tomorrow Innovations Inc Inc (TomoClub) to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Tomorrow Innovations Inc Inc (TomoClub) may have at law or in equity. As provided herein, Tomorrow Innovations Inc Inc (TomoClub) does not permit copyright infringing activities on the Site or any of the other Services, and Tomorrow Innovations Inc Inc (TomoClub) shall be permitted to terminate participation in the Tomorrow Innovations Inc Inc (TomoClub) or access to any of the other Tomorrow Innovations Inc Inc (TomoClub) Services. 

BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD Tomorrow Innovations Inc Inc (TomoClub) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Tomorrow Innovations Inc Inc (TomoClub) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Tomorrow Innovations Inc Inc (TomoClub) OR LAW ENFORCEMENT AUTHORITIES. 

13.2 You

Your only remedy with respect to any dissatisfaction with (i) the Tomorrow Innovations Inc Inc (TomoClub), the Site or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, (ii) any term of these Terms or (iii) any policy or practice of Tomorrow Innovations Inc Inc (TomoClub) in operating the Tomorrow Innovations Inc Inc (TomoClub), the Site or the other Tomorrow Innovations Inc Inc (TomoClub) Services, is to terminate your participation in the Tomorrow Innovations Inc Inc (TomoClub) and the use of the other Tomorrow Innovations Inc Inc (TomoClub) Services. You may terminate your use of any of the Tomorrow Innovations Inc Inc (TomoClub) Services at any time. 

14) Ownership; Proprietary Rights

The Tomorrow Innovations Inc Inc (TomoClub), the Site and the other Tomorrow Innovations Inc Inc (TomoClub) Services are owned and operated by Tomorrow Innovations Inc Inc (TomoClub). The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Tomorrow Innovations Inc Inc (TomoClub) Services provided by TomoClub (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of the TomoClub Services are the property of Tomorrow Innovations Inc Inc (TomoClub) or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to Tomorrow Innovations Inc Inc (TomoClub) or its affiliates and/or third-party licensors. Except as expressly authorized by Tomorrow Innovations Inc Inc (TomoClub), you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Tomorrow Innovations Inc Inc (TomoClub) reserves all rights not expressly granted in these Terms. 

You hereby grant to Tomorrow Innovations Inc Inc (TomoClub) a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to the Tomorrow Innovations Inc Inc (TomoClub), the Site and/or the other Tomorrow Innovations Inc Inc (TomoClub) Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation. 

15) Indemnification

You agree to indemnify, defend, and hold Tomorrow Innovations Inc Inc (TomoClub) its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your (or your Child’s) participation in the Tomorrow Innovations Inc Inc (TomoClub), your use or misuse of the Site or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Tomorrow Innovations Inc Inc (TomoClub) reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tomorrow Innovations Inc Inc (TomoClub) and you agree to cooperate with Tomorrow Innovations Inc Inc (TomoClub)’ defense of these claims. Tomorrow Innovations Inc Inc (TomoClub) will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.   

16) No Warranties; Disclaimers

16.1 No Warranties

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Tomorrow Innovations Inc Inc (TomoClub) AND ITS TEACHERS, AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “Tomorrow Innovations Inc Inc (TomoClub) PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE TOMO CLUB, THE SITE AND THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, Tomorrow Innovations Inc Inc (TomoClub) PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE Tomorrow Innovations Inc Inc (TomoClub), THE SITE OR THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES, WILL MEET YOUR (OR YOUR CHILD’S) REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Tomorrow Innovations Inc Inc (TomoClub) PARTIES OR THROUGH THE TOMO CLUB, THE SITE OR THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

16.2 “As Is” and “As Available” and “With all Faults.”

YOU EXPRESSLY AGREE THAT THE Tomorrow Innovations Inc Inc (TomoClub), THE SITE AND ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE Tomorrow Innovations Inc Inc (TomoClub) SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

16.3  PLATFORM OPERATION AND CONTENT

THE Tomorrow Innovations Inc Inc (TomoClub) PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Tomorrow Innovations Inc Inc (TomoClub), THE SITE OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 

16.4 ACCURACY

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY Tomorrow Innovations Inc Inc (TomoClub), THE Tomorrow Innovations Inc Inc (TomoClub) PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE PARTICIPATION IN THE Tomorrow Innovations Inc Inc (TomoClub) OR THE USE OF ANY OF THE Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 

16.5 Harm to your Mobile Devices

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE Tomorrow Innovations Inc Inc (TomoClub), THE SITE OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

17) Limitation of Liability and Damages.

17.1 Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE Tomorrow Innovations Inc Inc (TomoClub) PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR (OR YOUR CHILD’S) PARTICIPATION OR INABILITY TO PARTICIPATE IN THE Tomorrow Innovations Inc Inc (TomoClub), YOUR USE THE SITE OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH Tomorrow Innovations Inc Inc (TomoClub), ANY STUDENT, PARENT OR ANY OTHER USER, EVEN IF Tomorrow Innovations Inc Inc (TomoClub) OR A Tomorrow Innovations Inc Inc (TomoClub) AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Tomorrow Innovations Inc Inc (TomoClub)’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17.2 Limitation of Damages

IN NO EVENT WILL THE Tomorrow Innovations Inc Inc (TomoClub) PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR (OR YOUR CHILD’S) PARTICIPATION IN THE Tomorrow Innovations Inc Inc (TomoClub), ACCESS AND USE OF THE SITE OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH TOMO CLUB, ANY TEACHER, STUDENT, PARENT OR OTHER USER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $100 AND (B) AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. 

17.3 Release for Disputes between Users

If you have a dispute with any Parent, Student or other Users or other third parties, you hereby release Tomorrow Innovations Inc Inc (TomoClub) and the other Tomorrow Innovations Inc Inc (TomoClub) PARTIES from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

17.4 Third-party Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Tomorrow Innovations Inc Inc (TomoClub) AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

17.5 BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT Tomorrow Innovations Inc Inc (TomoClub) HAS OFFERED THE Tomorrow Innovations Inc Inc (TomoClub) AND THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Tomorrow Innovations Inc Inc (TomoClub), AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Tomorrow Innovations Inc Inc (TomoClub). Tomorrow Innovations Inc Inc (TomoClub) WOULD NOT BE ABLE TO AUTHORIZE PARTICIPATION IN THE TOMOCLUB OR ACCESS AND USE OF ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17.6 Limitations by Applicable Law

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. 

18) United States Export Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Tomorrow Innovations Inc Inc (TomoClub) or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations. 

19) Miscellaneous

19.1 Notice

Tomorrow Innovations Inc Inc (TomoClub) may provide you with notices, including those regarding changes to these Terms, by email or postings on any of the Tomorrow Innovations Inc Inc (TomoClub) Services. Notice will be deemed given twenty-four hours after the email is sent, unless Tomorrow Innovations Inc Inc (TomoClub) is notified that the email address is invalid. Notices posted on any of the Tomo Club Services are deemed given 30 days following the initial posting.

19.2 Waiver

The failure of Tomorrow Innovations Inc Inc (TomoClub) to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Tomorrow Innovations Inc Inc (TomoClub).

19.3 Dispute Resolution

If a dispute arises between you and Tomorrow Innovations Inc Inc (TomoClub), the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Tomorrow Innovations Inc Inc (TomoClub) agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Tomorrow Innovations Inc Inc (TomoClub), the Site or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services (a “Dispute”) will be resolved in accordance with this Section 19.3 or as Tomorrow Innovations Inc Inc (TomoClub) and you otherwise agree in writing. Before resorting to these dispute methods, Tomorrow Innovations Inc Inc (TomoClub) strongly encourages you to first contact Tomorrow Innovations Inc Inc (TomoClub) directly to seek a resolution. 

(a)  Choice of Law

These Terms shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE Tomorrow Innovations Inc Inc (TomoClub) SERVICES.

(b) Arbitration and Class Action Waiver

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

(i) ARBITRATION

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND Tomorrow Innovations Inc Inc (TomoClub) (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE TOMO CLUB SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU AND Tomorrow Innovations Inc Inc (TomoClub) HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE LOS ANGELES COUNTY, CA. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND Tomorrow Innovations Inc Inc (TomoClub) WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF. 

Neither you nor Tomorrow Innovations Inc Inc (TomoClub) will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST Tomorrow Innovations Inc Inc (TomoClub) INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another Parent, Student or other User or third party, if Tomorrow Innovations Inc Inc (TomoClub) is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

(ii) Judicial Forum for Disputes

In the event that the agreement to arbitrate under Section 19.3(b) is found not to apply to you or your claim, you and Tomorrow Innovations Inc Inc (TomoClub) agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Los Angeles County, CA. Both you and Tomorrow Innovations Inc Inc (TomoClub) irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Tomorrow Innovations Inc Inc (TomoClub) may bring a claim for equitable relief in any court with proper jurisdiction.  

(iii) Survival

This arbitration agreement will survive the termination of your (or

your Child’s) participation in the Tomorrow Innovations Inc Inc (TomoClub) or use any of the other Tomorrow Innovations Inc Inc (TomoClub) Services or your relationship with Tomorrow Innovations Inc Inc (TomoClub).

(c) 30 Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 19.3 above by sending written notice of your decision to opt-out to info@tomoclub.org . The notice must be sent to Tomorrow Innovations Inc Inc (TomoClub) within thirty (30) days of your use of any of the Tomorrow Innovations Inc Inc (TomoClub) Serices or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

(d) Improperly Filed Claims

All claims you bring against Tomorrow Innovations Inc Inc (TomoClub) must be resolved in accordance with this Section 19.3. All claims filed or brought contrary to this Section 19.3 shall be considered improperly filed. Should you file a claim contrary to this Section 19.3, Tomorrow Innovations Inc Inc (TomoClub) may recover attorneys’ fees and costs up to $15,000, provided that Tomorrow Innovations Inc Inc (TomoClub) has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 

(e) Prevailing Party

In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, the Tomorrow Innovations Inc Inc (TomoClub) or any of the Tomorrow Innovations Inc Inc (TomoClub) Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

(f) LIMITATION ON TIME TO FILE  CLAIMS

ANY CAUSE OF ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, THE Tomorrow Innovations Inc Inc (TomoClub) OR ANY OF THE OTHER Tomorrow Innovations Inc Inc (TomoClub) SERVICES OR YOUR RELATIONSHIP WITH Tomorrow Innovations Inc Inc (TomoClub) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED.

19.4 Severability

If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. 

19.5 Relationship of the Parties

The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Tomorrow Innovations Inc Inc (TomoClub). Nothing in these Terms shall create any obligation between either party and a third party. 

19.6 Assignment

These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tomorrow Innovations Inc Inc (TomoClub) without restriction. Any assignment attempted to be made in violation of these Terms shall be void. 

19.7 Survival

Upon termination of these Terms, your (or your Child’s) participation in the Tomorrow Innovations Inc Inc (TomoClub), your use of the Site or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services or your relationship with Tomorrow Innovations Inc Inc (TomoClub) any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4 and 9 – 19. 

19.8 Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

19.9 Entire Agreement

These Terms, together with the Privacy Policy and the Policies, are the entire agreement between you and Tomorrow Innovations Inc Inc (TomoClub) relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Tomorrow Innovations Inc Inc (TomoClub) as set forth in Section 8 above. 

19.10 No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. 

19.11 Geographic Restrictions

Tomorrow Innovations Inc Inc (TomoClub) is based in the state of California in the United States. Tomorrow Innovations Inc Inc (TomoClub) makes no claims that participating in the Tomorrow Innovations Inc Inc (TomoClub) or that accessing or using or that any of the other Tomorrow Innovations Inc Inc (TomoClub) Services or any of the content is accessible or appropriate outside of the United States. Participating in the Tomorrow Innovations Inc Inc (TomoClub) or accessing or using the Site or any of the other Tomorrow Innovations Inc Inc (TomoClub) Services may not be legal by certain persons or in certain countries. If you access any of these Tomo Club Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tomorrow Innovations Inc Inc (TomoClub) with respect thereto.

19.12 Electronic Communications

The communications between you and Tomorrow Innovations Inc Inc (TomoClub) use electronic means, whether you visit the Site or the other Tomorrow Innovations Inc Inc (TomoClub) Services or send Tomorrow Innovations Inc Inc (TomoClub) e-mails, or whether Tomorrow Innovations Inc Inc (TomoClub) posts notices on the Site or the other Tomorrow Innovations Inc Inc (TomoClub) Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Tomorrow Innovations Inc Inc (TomoClub) in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Tomorrow Innovations Inc Inc (TomoClub) provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.

19.13 Disclosures

The Tomorrow Innovations Inc Inc (TomoClub), the Site and the other Tomorrow Innovations Inc Inc (TomoClub) Services are offered by Tomorrow Innovations Inc Inc (TomoClub), Inc. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.