Terms and Conditions

LEKOTEK - TERMS OF USE
Welcome to the AblePlay Website ("AblePlay Site"). Please review the following rules that govern your use of the Lekotek Site (the "Agreement").

BY ACCESSING THE ABLE PLAY RATING SYSTEM ON THE ABLEPLAY SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE LEKOTEK SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, INSTRUCTIONS, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE LEKOTEK SITE, IS AT YOUR SOLE RISK. THE LEKOTEK SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEKOTEK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT LEKOTEK DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE LEKOTEK SITE. LEKOTEK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT LEKOTEK IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. LEKOTEK ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

LEKOTEK SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE LEKOTEK SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE LEKOTEK SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEKOTEK OR THROUGH THE LEKOTEK SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LEKOTEK MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, INSTRUCTIONS, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE LEKOTEK SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE LEKOTEK SITE.

LEKOTEK MAKES NO WARRANTY THAT THE LEKOTEK SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE LEKOTEK SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LEKOTEK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEKOTEK SITE. LEKOTEK WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE LEKOTEK SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LEKOTEK SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

LEKOTEK IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE LEKOTEK SITE. LEKOTEK MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH LEKOTEK MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST LEKOTEK WITH RESPECT TO SUCH SITES.

LEKOTEK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE LEKOTEK SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE LEKOTEK SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF LEKOTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OWNERSHIP
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of this Site (collectively, the "Contents"), along with the Site as a whole, are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Lekotek. The Lekotek Site contains Lekotek's service marks, including, but not limited to:

"Lekotek"; "AblePlay".
All rights in the intellectual property contained in this website including copyright, trademarks, trade secret and patent rights are reserved. You covenant that you will take no action to register or otherwise interfere with or challenge such intellectual property rights.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree that you will not alter or remove any copyright notice or proprietary legend contained in the Contents and you agree that any copy made shall include Lekotek's or any third party provider's copyright notice or any other notice included therein.

You may not use any robot, spider or other automatic device, nor may you use any manual process, to monitor materials available through this site.

PERSONAL USE
The services provided on this Site are made available for your personal, non-commercial use only. You may not use Lekotek's services to sell a product or service, or to increase traffic to your website for commercial reasons. You may not "meta-search" the Site. If you want to make commercial use of the Lekotek's services, you must enter into an agreement with Lekotek to do so in advance.

LAWFUL PURPOSE
You shall use the Lekotek Site for lawful purposes only. You shall not post or transmit through the Lekotek Site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information.

Any conduct by you that, at Lekotek's discretion, restricts or inhibits any other User from enjoying the Lekotek Site will not be permitted. You shall not use the Lekotek Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of Lekotek to become users of other services.

ELIGIBILITY
The services offered on the Site are only available to persons who can form legally binding contracts under applicable law. By way of example, persons under 18 years of age are not eligible to use Lekotek Services.

LINKS/ABLEPLAY RATINGS
The Lekotek Site may contain links to third?party services and resources. Lekotek does not control the availability and content of these third-party sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third?party service or resource that provides the content. The existence of a link to a third-party site does not constitute an endorsement or recommendation by Lekotek of the third party or the third-party's site. Likewise, the AblePlay Rating of toys and games contained on this site or any third-party site do not constitute a representation or warranty that any product so noted is suitable for a particular purpose and that use of such product is without risk or danger. LEKOTEK DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD?PARTY PRODUCT SERVICE OR RESOURCE.

While Lekotek is proud to provide this Site for your reference, you must receive Lekotek's permission before creating a link to this Site. Upon request and under Lekotek's terms and conditions, Lekotek may grant permission to link to this Site and also to use its logo or other trademarks. Please contact us to request to link to this Site or to use Lekotek's trademarks. Any unauthorized links or false or misleading uses of this Site or Lekotek's trademarks or service marks is prohibited.

USER COMMENTS, FEEDBACK AND SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to Lekotek on or by the Lekotek Site or otherwise disclosed, submitted or offered in connection with your use of the Lekotek Site (collectively, "Comments") shall be and remain Lekotek property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Lekotek of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Lekotek will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Lekotek is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments or any other submission submitted to the Lekotek Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments or other submission submitted by you to the Lekotek Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

CHANGED TERMS
We may from time to time change the rules that govern your use of the Lekotek Site. Lekotek shall have the right at any time, without providing individual notice, to change, modify, add or delete all aspects of its business and operations, including services, fee structure, terms and conditions, graphics, look and feel, and others, applicable to your use of the Lekotek Site, or any part thereof ("Changed Terms"). The Changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting the Changed Terms on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms.

TERMINATION
Lekotek reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Lekotek Network and/or any other service, specific content, digital products, products, courses or events, provided to you by Lekotek, including any personal web site, upon any breach by you of these Terms and Conditions or otherwise.

INDEMNIFICATION
You agree to defend, indemnify and hold Lekotek, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees, agents harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your improper use of the Lekotek Site, or violation of this Agreement or the Program Guidelines, including any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.

SEPARABILITY
If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.

GOVERNING LAW; LIMITATIONS
This Agreement shall be construed, interpreted and performed exclusively according to the, excluding conflict of law rules, of the State of Illinois, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

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NGEDOCS: 1197557.1