Terms of Use

Last updated: June 4, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Carousel Technologies, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use") govern your access to and use of applications or websites we control, including any content, functionality, and services offered on or through the “Carousel:SEL for All” app and the “joincarousel.io” website (the "Sites” or Apps").

Please read the Terms of Use carefully before you start to use the Apps. By using the Apps, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at https://www.joincarousel.io/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Apps.

The Apps are offered and available to users of all ages. However, to use the Apps you must be of the legal age to consent to the collection and processing of your data under the applicable laws where you live. If you are not of the legal age to consent to the collection and processing of your personal data, we must receive parental or school consent for you to use the Apps and agree to these Terms of Use before you may use our Apps. If you are not of legal age to give consent and you do not get appropriate consent, you may not use the Apps. To learn more about giving consent, please see our Privacy Notice and Children’s Privacy Notice.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Apps thereafter.

Your continued use of the Apps following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Apps so you are aware of any changes, as they are binding on you.

Accessing the Apps and Account Security

We reserve the right to withdraw or amend the Apps, and any service or material we provide on the Apps, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Apps is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Apps, or the entire Apps, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Apps.
Ensuring that all persons who access the Apps are aware of these Terms of Use and comply with them.

To access the Apps or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Apps that all the information you provide on the Apps is correct, current, and complete. You agree that all information you provide to register with this Apps or otherwise, including, but not limited to, through the use of any interactive features on the Apps, is governed by our Privacy Notice and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Apps or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Apps and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Apps for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Apps, except as follows:

Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.

You must not:

Modify copies of any materials from the Apps.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Apps.

You must not access or use for any commercial purposes any part of the Apps or any services or materials available through the Apps.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Apps in breach of the Terms of Use, your right to use the Apps will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Apps or any content on the Apps is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Apps not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Apps only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Apps:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Apps, or which, as determined by us, may harm the Company or users of the Apps, or expose them to liability.
To, directly or indirectly, (a) reverse engineer or reconfigure any of the Apps’ components or any of its elements, (b) modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to (i) to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms, or (ii) to derive the source code or the underlying ideas, algorithms, structure, or organization of the Apps or its components, and (c) alter, adapt, modify, or translate the Apps in any way for any purpose.

Additionally, you agree not to:

Use the Apps in any manner that could disable, overburden, damage, or impair the Apps or interfere with any other party's use of the Apps, including their ability to engage in real time activities through the Apps.
Use any robot, spider, or other automatic device, process, or means to access the Apps for any purpose, including monitoring or copying any of the material on the Apps.
Use any manual process to monitor or copy any of the material on the Apps, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Apps.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Apps, the server on which the Apps is stored, or any server, computer, or database connected to the Apps.
Attack the Apps via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Apps.

User Contributions

The Apps may contain message boards, newsfeeds, profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Apps.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Apps, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You will not post any content that you wish to be kept confidential.
All of your User Contributions do and will comply with these Terms of Use.
If you are a Child, you will not post any User Contributions without obtaining parental consent first.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Apps.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Apps or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Apps.
Terminate or suspend your access to all or part of the Apps for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Apps. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

Confidentiality

If you are a teacher, advocate, or other person who may review, grade, or otherwise access the information of other users on the Apps (an “Administrator”), you may not, under any circumstances, release to any person information about a user unless your position specifically requires you to do so. You must refer any requests for information about a user to your supervisor. You must not release any information about a user unless authorized to do so by your supervisor. If you do not have a supervisor, you must refer any requests for information about a user to us.

As an Administrator, you must avoid viewing, transferring, or otherwise acquiring information about users that you do not need to do for your job, nor should you disclose, release information about users that you have learned while performing your job.

You must comply with any additional restriction on information sharing and/or additional rules about privacy and confidentiality set by your employer or as advised by us.

Children

We consider you to be a child if you are not of the legal age to consent to the collection and processing of Personal Data under applicable laws where you live (a “Child” or “Children”). We obtain parental consent before we knowingly collect Personal Data from Children. Therefore, we only collect Personal Data through the Services from a Child, where that Child’s Administrator has agreed to obtain parental consent for that Child to use the Services and disclose Personal Data to us or where the parent or legal guardian of a Child has consented for the Child to use the Services.

If you are a parent or guardian of a Child, you must consent to these Terms of Use as a requirement for your Child to use the Services.

Reliance on Information Posted

The information presented on or through the Apps is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Apps, or by anyone who may be informed of any of its contents.

This Apps may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Apps

We may update the content on this Apps from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Apps may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Apps

All information we collect on this Apps is subject to our Privacy Notice. By using the Apps, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Links from the Apps

To the extent, the Apps contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Apps is based in the State of Colorado in the United States. We make no claims that the Apps or any of its content is accessible or appropriate outside of the United States. Access to the Apps may not be legal by certain persons or in certain countries. If you access the Apps from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Social-Emotional Learning Specific Disclaimer

YOU AGREE AND ACKNOWLEDGE THAT THE APPS ARE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT A SELF-HELP TOOL. THE INFORMATION PROVIDED IS NOT MEANT TO REPLACE THE ADVICE OF TRAINED MENTAL HEALTH PROFESSIONALS OR OTHER PROFESSIONALS. WE DO NOT, UNDER ANY CIRCUMSTANCES, ADVISE YOU TO DISCONTINUE OR TO AVOID MEDICAL OR OTHER CONSULTATIONS DURING YOUR USE OF THE APPS. YOU ALSO AGREE AND ACKNOWLEDGE YOU HAVE NO KNOWN MEDICAL CONDITION WHICH COULD INTERFERE WITH YOUR SAFETY THROUGH THE USE OF THE APPS. IF YOU DO HAVE MEDICAL CONDITIONS WHICH MAY CAUSE YOU INJURY THROUGH USE OF THE APPS, YOU MAY NOT USE THE APPS. IT IS ALWAYS ADVISABLE, ESPECIALLY IF YOU ARE UNSURE IF YOU ARE APPROPRIATE FOR THE APPS TO CONSULT A PROFESSIONAL BEFORE USING THE APPS. IF WHILE USING THE APPS, YOU HAVE ANY CONCERNS OVER THE APPS, YOU SHOULD STOP USE OF THE APPS IMMEDIATELY.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.

YOUR USE OF THE APPS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPS IS AT YOUR OWN RISK. THE APPS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Apps, including, but not limited to, your user contributions, any use of the Apps' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Apps.

Governing Law and Jurisdiction

All matters relating to the Apps and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Apps shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

All disputes arising from these Terms of Use or use of the Apps, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement and Business Agreements

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Carousel Technologies, Inc. regarding the Apps and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Apps.

If you enter into licensing or other agreements with us, the terms of those agreements will govern in the event that those terms conflict with these Terms of Use

Your Comments and Concerns

This application is operated by Carousel Technologies, Inc.

All feedback, comments, requests for technical support, and other communications relating to the Apps should be directed to: info@joincarousel.io