Terms of Use

Last Updated: September 20, 2024

These Terms of Use (the “Terms” or “Terms of Use”) describe the rules that apply to Primrose School Franchising Company LLC’s (“Primrose,” “we,” “our,” or “us”) websites and online services (including, www.primroseschools.com and websites for individual Primrose schools linked to www.primroseschools.com) (collectively, our “Services”). By accessing, downloading, using or browsing our Services, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms or if you do not agree with our Privacy Policy, please do not use our Services. Any use of our Services that is inconsistent with these Terms is deemed unauthorized access.

Modification of These Terms of Use

We reserve the right to make changes to these Terms at any time, and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.

Limited Right to Use

In exchange for your agreement to these Terms and payment of any applicable fees, Primrose grants you a limited, non-exclusive, personal, non-transferable, revocable right and license to download, access, and use the functionality of our Services. The rights to download and use the Services are licensed to you and are not being sold to you. You have no rights in our Services other than to use them in accordance with these Terms. Primrose reserves the right to terminate your access to our Services at any time and for any or no reason.

You agree to use the Services only for the purposes for which we provide the Services, and in accordance with these Terms. You may not remove or alter any notices found on our Services, distribute, make derivative works of, reverse engineer, decompile, or disassemble our Services. You may not access the Services for the purpose of building a similar or competitive service, website, or app. You may not upload, post, email, or otherwise transmit any material that, in Primrose’s sole judgment, is objectionable, or which may expose our Services or users to any harm, including but not limited to material containing any viruses, corrupted data or other harmful, disruptive or destructive files. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through our Services.

Personal and Non-Commercial Use

Your use of our Services is limited to personal and non-commercial use. You may access our Services from your personal devices solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit our Services, or any content, products or services obtained through them.

Eligibility to Use Our Services

You must be 18 years of age to access or use our Services, or to create an account with us.

You represent and warrant that (1) you are not located in a country or region that is targeted for comprehensive trade sanctions by the US Government, (2) you will not access or use our Services from such a country or region, and (3) neither you nor any entities you own are designated on the US Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with US persons or from receiving exports of goods or services from the US.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.

Compliance with Applicable Law

It is our policy to comply with all applicable laws and regulations in operating our Services. We ask that you do the same. By using our Services, you are presumed to accept this request, and agree to comply with all applicable laws and regulations.

Intellectual Property

Primrose, or its licensors, owns all rights, title and interest in our Services, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of our Services, and the compilation of the content, code, data and materials on our Services, including all intellectual property and proprietary rights. The content of our Services is protected under United States and other copyright and trademark laws, and is the property of Primrose or its licensors. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content of our Services, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express permission of Primrose or the copyright owner.

All words and symbols designated by ® or ™ and used on or in connection with the contents of our Services (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Primrose or other owners that have granted Primrose the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with the prior written consent of Primrose, and you may not remove or otherwise modify any trademark notices from any content.

Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying our Services without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Primrose reserves the right to terminate your use of our Services if you infringe our or any other person’s intellectual property rights.

User-Generated Content

We may offer features on our websites or through our social media pages that allow users to share information and content with us and each other—for example, by responding to one of our usage requests, or by tagging content you post on social media with any of our hashtags. All user-generated content you share with us is subject to these Terms of Use, our Privacy Policy, and our User Generated Content Terms and Conditions, which are incorporated herein by reference.

Account Information

In order to access certain features of our Services, you may be required to create a user account (your “Account”). Information you provide through your Account must be truthful. User names may not be offensive, deceptive or violate any other party’s rights. You are responsible for the security of your access codes and passwords, and agree that Primrose is not liable for any unauthorized use of those access codes or passwords. If you are a resident of a jurisdiction that provides a right to delete personal information and you submit such a request to us, processing your request may result in the deletion of some or all of your account information.

Termination of Usage

We reserve the right to suspend and/or terminate your Account and your access to our Services at any time, for any reason, without prior notice, as determined in our sole discretion. If you violate any of these Terms of Use, commit fraud or falsify information in connection with your use of our Services, your Account may be terminated immediately and we reserve the right to hold you liable for any and all damages we may suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of our Services. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you.

You may discontinue your use of and access to the Services at any time. However, these Terms remain in force until terminated by us, which may be done at any time in our sole discretion. We may also, at any time, suspend or block your access to our Services without notice for any conduct that we, in our sole discretion, believe is contrary to our best interests, in violation of these Terms, or in violation of any applicable local, state, or federal laws or regulations.

In the event of any termination, the restrictions on your use of the material on our Services (including with respect to intellectual property), and any of these Terms that are by their nature unaffected by termination of your usage of our Services (including the terms applicable to dispute resolution, indemnification, limitation of liability, and disclaimer of warranty) shall survive such termination, and you agree to remain bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.

Availability of the Website

While we use commercially reasonable efforts to keep our Services accessible, it may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance.

Accuracy of Information

Although we strive for accuracy in all elements of our Services, there may be errors, inaccuracies or omissions. Primrose is not responsible for your interpretation or reliance on any information or content found on our Services, and makes no representations about the accuracy, reliability, completeness, or timeliness of our Services. Primrose is not responsible for the conduct, whether online or offline, of any person using our Services, including any person’s violation of these Terms.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or services on our Services at any time without prior notice.

All prices displayed on our Services are quoted in US dollars and are valid in the continental United States only. We reserve the right, without prior notice, to discontinue or change specifications for our products or services at any time.

Sweepstakes, Contests, Promotions, and Surveys

From time to time, Primrose may conduct contests, sweepstakes, raffles, surveys, games or other similar promotions. Each contest or promotion may have additional terms and/or rules that will apply in addition to these Terms. Please review the applicable rules as well as our Privacy Policy prior to participating. If the promotion rules conflict with these Terms, the promotion rules will govern.

Third-Party Links

Our Services may contain links to third-party websites and features. Primrose is not responsible or liable for any websites or apps other than our own, even if linked from one of our websites. Please review the privacy policies and terms of use for each website you visit before downloading, using, or submitting your information.

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Primrose of that third party or of any product or service provided by a third party.

Disclaimer of Warranty

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT INCLUDED THEREIN ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PRIMROSE NOR ITS PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “PRIMROSE PARTIES”) MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, STATUTORY OR IMPLIED, AS TO THE SERVICES OR THEIR CONTENT. IN ADDITION, THE PRIMROSE PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE PRIMROSE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS. THE PRIMROSE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. THE PRIMROSE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PRIMROSE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PRIMROSE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES, OR ANY CONTENT OBTAINED FROM OUR SERVICES, EVEN IF PRIMROSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE PRIMROSE PARTIES’ TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST YEAR FOR ACCESS TO OUR SERVICES.

YOU ACKNOWLEDGE THAT PRIMROSE WOULD NOT PROVIDE ACCESS TO ITS SERVICES IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, THE PRIMROSE PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Dispute Resolution Terms

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE YOUR CLAIM HEARD BY A JURY.

Our customer service team is here to assist you with any issues you may encounter with our Services. The following terms shall govern all disputes, claims, and causes of action arising out of or relating to the Services, these Terms, and/or our Privacy Policy (collectively, “Disputes”), which we are unable to resolve informally.

Pre-Suit Mediation
Except with respect to Disputes arising from your violation of these Terms (including those involving infringement or threatened infringement of our intellectual property rights), any and all Disputes shall first be submitted to mediation, and the parties shall participate in mediation in good faith, as a condition precedent prior to filing any Dispute, claim, or cause of action in court.

Venue
Any and all Disputes must be resolved exclusively in the state or federal courts in and for Atlanta, Georgia. You consent to the exclusive personal jurisdiction of such courts, and waive any objection based on improper venue or inconvenient forum.

Class Action Waiver
You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with our Services, these Terms, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.

Waiver of Jury Trial
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any Disputes. This means that a judge rather than a jury will decide any Disputes.

Time Limitation
You agree to bring any and all claims against Primrose within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.

Indemnification

You agree to indemnify, defend, and hold harmless Primrose, its parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of our Services, your breach or alleged breach of these Terms of Use or our User Generated Content Terms, or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Primrose or third parties.

No Waiver

No delay or failure by Primrose to enforce any provision in these Terms of Use shall constitute a waiver of any of Primrose’s rights. Neither the receipt of any funds by Primrose nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Primrose shall have any legal effect.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Assignment

Primrose may assign or transfer its rights and obligations in our Services, or under these Terms to any company or person at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without specific, prior, written consent by Primrose.

Governing Law

Any disputes arising out of or related to these Terms of Use and/or your use of our Services shall be governed by the laws of the United States and the State of Georgia, without regard to choice-of-law rules and without regard to conflicts-of-laws principles.

How to Contact Us

If you have any comments or questions about these Terms of Use, communications can be submitted to our postal address, via email to privacy@primroseschools.com, or by calling 770-529-4100.

Primrose School Franchising Company LLC
3200 Windy Hill Road SE, Suite 1200E
Atlanta, GA 30339