Last updated: 24 July 2023
Welcome to Collaboration Laboratory, Inc. (“CoLab”), an on-line experience designed to develop children’s (“Children”, “Students”, “you”) problem solving, team work and communication skills.
The website at www.collaborationlaboratory.com (the “Site”) and the various other related services and other features, functions, software, applications and websites (together with the Site, collectively “CoLab 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 CoLab Services (collectively, “Users”) by CoLab.
All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service (“Terms”).
These Terms govern your application for your child to participate in CoLab, your access and use of the Site and other CoLab services.
In participating in CoLab, applying to participate in CoLab and using the Site, you:
If you do not accept these Terms, the Privacy Policy or the COPPA Policy, your child will not be able to participate in CoLab and you will not have access to any CoLab services.
To apply for your child to participate in CoLab, to access and use the Site and CoLab Services you must:
Privacy is important to us at CoLab and we’re committed to protecting it by complying with our Privacy Policy.
Please note that the Privacy Policy only applies to minors 13 years old and anyone else over 18 years old. The COPPA Policy only applies to minors under the age of 13 and supplements the Privacy Policy.
To participate in CoLab:
To participate in CoLab the monthly subscription associated with each class that has been selected for a Student to attend must be paid (as modified from time to time, the “Subscription”). Current pricing can be found at www.collaborationlaboratory.com.
Unless otherwise agreed by CoLab, the monthly Subscription shall be paid monthly in advance. You authorize CoLab to automatically charge your credit or debit card through the Payment Processor for any such Subscription. In paying the Subscription, you acknowledge and agree that you are not relying on future availability of CoLab beyond the subscription period for which the Subscription that you paid applies.
The Subscription and other payments made in connection with CoLab and the other CoLab Services shall be made through Stripe, a third-party payment processor (“Stripe”, “Payment Processor”). Payment processing services are subject to Stripe’s terms of service (“Stripe Terms”). By agreeing to these Terms or continuing to access or use CoLab or any of the other CoLab Services, you agree to be bound by the Stripe Terms.
As a condition of CoLab 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 CoLab to share any relevant transaction information to the Payment Processor.
If you’re struggling to pay your Subscription, please reach out to us at hello@collaborationlaboratory.com and we’ll do what we can to help. Unfortunately, if we don’t hear from you and you fail to pay the Subscription when due, CoLab may, without prior written notice to you, suspend your child’s ability to participate in CoLab.
CoLab reserves the right at any time to change the Subscription (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 CoLab Services or by notifying you by email.
You may cancel your child’s participation at any time by sending us notice at hello@collaborationlaboratory.com. Upon receipt of your notice of cancellation, we will not charge your credit or debit card any future Subscription.
Any Subscription that you have already paid for will be refunded to you pro-rata based on the sessions that your child has attended at CoLab.
Subject to your compliance with all the terms and conditions set out in these Terms, CoLab hereby grants (a) to your child the right to participate in CoLab and (b) to you the right to access and use the Site and the other CoLab Services, to the extent of, and in accordance with, these Terms.
CoLab reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or participation in CoLab, or the circumvention of the other CoLab Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider regarding such unauthorized use.
CoLab respects the rights of others and so should you and your child. You and your child must behave in a civil, collaborative and constructive manner.
Any bullying, demeaning, creating conflict or causing harm to others will be considered prohibited behavior and may lead to the suspension of your child.
When applying for or participating in CoLab or requesting, accessing or using any of the other CoLab Services, you may be subject to any additional posted policies, guidelines or rules applicable to CoLab, the Site and the other CoLab 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.
CoLab 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 CoLab Services.
If CoLab 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 CoLab, or any of the other CoLab 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), CoLab will use commercially reasonable efforts to notify you of such change. Additionally, if the changed Terms materially modify your rights or obligations, CoLab may require you to provide consent by accepting the changed Terms. If CoLab requires your acceptance of the changed Terms, changes are effective only after your acceptance.
For all other changes, except as stated elsewhere by CoLab, 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 CoLab 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.
If at any time you do not agree to these Terms, please immediately terminate your participation in CoLab and all of the other CoLab Services.
By participating in CoLab or accessing or using any of the other CoLab Services, you agree not to:
The Site and/or any of the other CoLab 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. CoLab 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 CoLab 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.
You are responsible for any mobile and data charges that you may incur in connection with participation in CoLab and use of any of the other CoLab Services. If you’re unsure what those charges may be, you should ask your service provider before participating in CoLab or using any of the other CoLab Services.
You agree that CoLab in its sole discretion, for any or no reason, and without penalty, may terminate you (or your child’s) participation in CoLab or your access and use of any of the other CoLab Services and remove and discard all or any part of your information, at any time.
CoLab may also in its sole discretion and at any time discontinue providing access to CoLab or any of the other CoLab Services, or any part thereof, with or without notice. You agree that any termination of your (or your child’s) ability to participate in CoLab, or access or use any of the other CoLab Services may be effected without prior notice, and you agree that CoLab will not be liable to you or any third party for any such termination.
CoLab reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CoLab 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 CoLab may have at law or in equity. As provided herein, CoLab does not permit copyright infringing activities on the Site or any of the other Services, and CoLab shall be permitted to terminate participation in CoLab or access to any of the other CoLab Services.
By accepting these Terms, you waive and shall hold CoLab harmless from any claims resulting from any action taken by CoLab during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either CoLab of law enforcement authorities.
We hope it never comes to this and hope that you discuss any dissatisfaction with us first. However, to be clear, your only remedy with respect to any dissatisfaction with (i) CoLab, the Site or any of the other CoLab Services, (ii) any term of these Terms or (iii) any policy or practice of CoLab, the Site or the other CoLab Services, is to terminate your participation in CoLab and the use of the other CoLab Services. You may terminate your use of any of the CoLab Services at any time.
It is CoLab’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.
CoLab reserves the right to terminate without notice any Student’s participation in CoLab and any User’s access to the Site and the other CoLab Services if that Student or User is determined by CoLab to be a “repeat infringer.”
CoLab, the Site and the other CoLab Services are owned and operated by CoLab. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the CoLab Services provided by CoLab (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 CoLab Services are the property of CoLab or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to CoLab or its affiliates and/or third-party licensors. Except as expressly authorized by CoLab, 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. CoLab reserves all rights not expressly granted in these Terms.
You hereby grant to CoLab 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 CoLab, the Site and/or the other CoLab Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation.
You agree to indemnify, defend, and hold CoLab 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 CoLab, your use or misuse of the Site or any of the other CoLab Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.
CoLab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CoLab and you agree to cooperate with CoLab’s defense of these claims. CoLab will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
To the fullest extent permissible pursuant to applicable law, CoLab and its teachers, affiliates, contractors, directors, officers, employees, agents, third-party partners, licensors and suppliers (collectively, the “CoLab Parties”) disclaim all warranties, statutory, express or implied with respect to CoLab, the Site and the other CoLab 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, CoLab provides no warranty or undertaking, and makes no representation of any kind, whether express, implied, statutory or otherwise, that CoLab, the Site or the other CoLab 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 CoLab Parties or throughCoLab, the Site or the other CoLab Services will create any warranty not expressly stated herein.
You expressly agree that CoLab, the Site and any of the other CoLab 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 CoLab 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.
The CoLab Parties do not warrant that the data, results, content, functions, or any other information offered on or through CoLab, the Site or any of the other CoLab 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.
Except as specifically provided in writing by CoLab, the CoLab Parties do not warrant or make any representations regarding the use or the results of the participation in CoLab or the use of any of CoLab Services or any third-party site in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, assessments, results or data through CoLab, the Site or any of the other CoLab 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.
Under no circumstances, including, negligence, will the CoLabl 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 CoLab, your use the Site or any of the other CoLab Services or any third-party site, or any other interactions with CoLab, any student, parent or any other user, even if CoLab or a CoLab 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, CoLab’s liability will be limited to the fullest extent permitted by applicable law.
In no event will the CoLab 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 CoLab, access and use of the Site or any of the other CoLab Services or these Terms, or your interaction with CoLab, 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 (if any) paid by you during the twelve (12) months immediately preceding the date of the claim.
If you have a dispute with any Parent, Student or other Users or other third parties, you hereby release CoLab and the other CoLab 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.
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 CoLab and received through or advertised on any of the CoLab services or received through any third-party sites.
You acknowledge and agree that CoLab has offered CoLab and the other CoLab 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 CoLab, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and CoLab. CoLab would not be able to authorize participation in CoLab or access and use of any of the other CoLab Services to you on an economically reasonable basis without these limitations.
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.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of CoLab or any of the other CoLab 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.
CoLab may provide you with notices, including those regarding changes to these Terms, by email or postings on any of the CoLab Services. Notice will be deemed given twenty-four hours after the email is sent, unless CoLab is notified that the email address is invalid. Notices posted on any of the CoLab Services are deemed given 30 days following the initial posting.
The failure of CoLab 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 CoLab.
Unfortunately sometimes disputes do arise. If a dispute arises between you and CoLab, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly.
Accordingly, you and CoLab agree that any dispute, claim or controversy at law or equity that arises out of these Terms, CoLab, the Site or any of the other CoLab Services (a “Dispute”) will be resolved as agreed between CoLab and you in writing.
You agree that all Disputes between you and CoLab (whether or not such dispute involves a third party) in connection with these Terms or any of the CoLab 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 CoLab hereby expressly waive trial by jury. Any arbitration shall be in English and the place of arbitration shall be in Delaware. 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 CoLab would have in court may not be available in arbitration. you may bring disputes only on your own behalf.
Neither you nor CoLab 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 CoLab 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 CoLab 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.
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 CoLab 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 Delaware. Both you and CoLab irrevocably consent to venue and personal jurisdiction there. notwithstanding the foregoing, CoLab may bring a claim for equitable relief in any court with proper jurisdiction.
This arbitration agreement will survive the termination of your (or your child’s) participation in CoLab or use any of the other CoLab services or your relationship with CoLab.
You have the right to opt-out and not be bound by the arbitration provisions set forth in this section by sending written notice of your decision to opt-out to hello@collaborationlaboratory.com. The notice must be sent to CoLab within thirty (30) days of your use of any of the CoLab Services 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.
All claims you bring against CoLab must be resolved in accordance with the above. All claims filed or brought contrary to the above shall be considered improperly filed. Should you file a claim contrary to the above, CoLab may recover attorneys’ fees and costs up to $15,000, provided that CoLab has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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 or any of the CoLab 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.
Any cause of action or dispute you may have arising out of or relating to these Terms, the Privacy Policy, CoLab or any of the other CoLab Services or your relationship with CoLab must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or dispute is permanently barred.
Before resorting to these dispute methods, please reach out to us at hello@collaborationlaboratory.com so that we can find a healthier resolution.
These Terms shall be governed in all respects by the laws of the State of Delaware, 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 CoLab Services.
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.
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 CoLab. Nothing in these Terms shall create any obligation between either party and a third party.
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 CoLab without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your (or your child’s) participation in CoLab, your use of the Site or any of the other CoLab Services or your relationship with CoLab any provision which, by its nature or express terms should survive, will survive such termination or expiration.
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.
These Terms, together with the Privacy Policy and the Policies, are the entire agreement between you and CoLab relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by CoLab..
CoLab is based in the state of Delaware. CoLab makes no claims that participating in CoLab or that accessing or using or that any of the other CoLab Services or any of the content is accessible or appropriate outside of the United States. Participating in CoLab or accessing or using the Site or any of the other CoLab Services may not be legal by certain persons or in certain countries. If you access any of these CoLab 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 CoLab with respect thereto.
The communications between you and CoLab use electronic means, whether you visit the Site or the other CoLab Services or send CoLab e-mails, or whether CoLab posts notices on the Site or the other CoLab Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from CoLab in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that CoLab 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.
To ask questions or comment about these Terms or need to reach us for any other reason, please email us at hello@collaborationlaboratory.com.