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Web Terms

Terms of Use Agreement

Date Last Updated: April 27, 2025

Welcome to TUTU School’s website at https://www.tutuschool.com, or other related sites and subdomains thereof where these Terms are displayed (“Site”).  This Site is operated by TUTU School Franchises, LLC (“we,” “us,” “our,” or “TUTU School“). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms“) apply to your use of our Site, the content and information offered at this Site (collectively, our “System“).

Your use of our System means that you accept and agree to these Terms. If you do not agree to these Terms or our Privacy Policy, do not use or access the System.

THESE TERMS CONTAIN A CLASS ACTION WAIVER. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “GOVERNING LAW; CLASS ACTION WAIVER” BELOW TO LEARN MORE.

YOUR TUTU MEMBERSHIP AND/OR PURCHASES OF TUTU CAMP, TUTU PARTIES AND RELATED SERVICES ARE NOT SUBJECT TO THESE TERMS AND ARE GOVERNED SEPARATELY PURSUANT TO THE MEMBERSHIP AGREEMENTS AND/OR OTHER AGREEMENTS THAT YOU HAVE WITH YOUR LOCAL TUTU SCHOOL OWNER, AS APPLICABLE.

Revisions to the Terms

We may revise and update these Terms in our sole discretion, and will post any updates to these Terms on the System. Your continued use of our System, or any other service provided through the System, means that you accept and agree to the modified Terms.

Intellectual Property

You are granted a personal, non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers or franchisees and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto. TUTU School and other marks and logos on the System are a trademark of TUTU School.  Other trademarks, names and logos, if any, on the System are the property of their respective owners.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms. You agree not to access or use the System  by any means other than through a standard web browser. Use of System or its content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law.

Your Content

You may post, link, share and otherwise make available certain information, text, graphics, or other material (“Your Content”) on the System. You are responsible for Your Content that you post on or through System, including its legality, reliability, and appropriateness.

By posting Your Content on or through System, you represent and warrant that: (i) Your Content is proprietary and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of Your Content on or through System does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to waive any legal or equitable right or remedy you have or may have against us with respect to Your Content. We reserve the right to remove the content of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Your Content you submit, post, or display on or through System, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Your Content you or any third party posts on or through the System. You agree that when you post or submit Your Content, you grant us a universal, royalty-free, non-exclusive, fully sublicensable and transferable right to host, store, use, reproduce, modify, distribute, create derivative works based upon, translate, communicate, publicly display, publicly perform, and transmit Your Content solely for purposes of providing you with the System and services.

Copyright Notice

TUTU School does not permit copyright-infringing activities on the System. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about content posted on the System, you may contact our designated agent at the following address:

TUTU School Franchises, LLC
Attn: Legal
Email:  [email protected].

Any notice alleging that content hosted by or distributed through the System infringe intellectual property rights must include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the System;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We will review any notices of copyright infringement and take appropriate action. Inquiries that do not follow this procedure may not receive a response.

Reliance on Information Posted

The information presented on or through the System 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 System, or by anyone who may be informed of any of its contents.

Links to Other Websites and Connecting through Social Media

The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Third Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our System, each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

Indemnification

You agree to indemnify, defend, and hold harmless TUTU School, its franchisees, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim that Your Content violates the intellectual property rights of a third party, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Accessing or using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences.

Warranty Disclaimer

TUTU SCHOOL AND/OR ITS FRANCHISEES, AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM OR YOUR CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TUTU SCHOOL AND/OR ITS FRANCHISEES OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM, ITS CONTENT, YOUR CONTENT AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUTU SCHOOL AND/OR ITS FRANCHISEES, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TUTU SCHOOL OR ANY OF ITS FRANCHISEES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF ANY OF THE FOREGOING LIMITATIONS OR WAIVERS ARE NOT APPLICABLE, THEN THE AGGREGATE LIABILITY OF TUTU SCHOOL AND/OR ITS FRANCHISEES, AFFILIATES OR SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SYSTEM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT OF US$100.00.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Governing Law; Class Action Waiver

All matters relating to your access to or use of the System and all matters arising out of or related to these Terms, will be governed by the applicable laws of the United States of America and the laws of the State of Illinois, without regard to Illinois’ choice of law principles. You agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the Northern District of Illinois, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Northern District of Illinois for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Illinois located in Cook County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and TUTU School both waive your right to a jury trial, unless such waiver is unenforceable.

You and TUTU School acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any action shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and TUTU School may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity.

Terms and Termination

These Terms remain in force so long as user continues to access or use the System or until terminated by any party. TUTU School may terminate these Terms for any reason at any time and users may terminate by discontinuing use of the System. TUTU School reserves the right, in its sole discretion, to suspend or terminate users’ access to or use of the System at any time if TUTU School believes users have acted in violation of these Terms, TUTU School’s Privacy Policy, or applicable law, or have attempted to interfere with the System, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, users’ access to the System will cease.

Feedback

We welcome you to provide us with feedback, input and suggestions regarding the System (“Feedback”). If you choose to provide us with Feedback, then you agree that we may use the Feedback in any manner and for any purpose without compensation to you. You acknowledge and agree that TUTU School shall own all right, title and interest in the Feedback and is the sole exclusive owner of the Feedback and you assign all rights, title and interest you have in such Feedback to TUTU School together with all intellectual property rights therein.

Force Majeure

Neither party will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including an act of war, terrorism, act of God, earthquake, flood, epidemic, pandemic, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet. The delayed party will give the other party notice of such cause and will use its reasonable commercial efforts to correct such failure or delay in performance.

Miscellaneous Terms

These Terms, together with our  Privacy Policy and any other legal notices on the System, are the entire agreement between you and us related to your use of the System. If any part of these Terms are determined to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the System, please send an email to  [email protected]. You may also contact us by writing to TUTU School Franchises, LLC, 3717 N. Ravenswood, #237, Chicago, IL 60613, or by calling us at (415) 734-8840. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Information

To contact us, email us at [email protected].