Terms of Use and Policies
Kaleidoscope Learning (87-1350772)
Terms of Use
Please carefully read the following Terms of Use before using Kaleidoscope Learning’s Educational Materials Library–an early childhood educational toy and furniture lending library. This includes the use of our online library lending platform hosted by MyTurn, PBC “MyTurn”, “www.kscopelearning.myturn.com” and our in person facility “Family Resource Center”, located at 1669 Arcade Street, Saint Paul, MN 55106. These Terms of Use and Policies are for the non profit corporation Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School. By accessing the and using the Educational Materials Library or purchasing our products, you agree to be bound by these Terms of Use and Educational Materials Library Policies “Policies”, which may be updated from time to time. The latest revision date of these Terms of Use and Policies lies at the end of this document. Please review any changes since the last version and refrain from using our services if you do not agree with these Terms and Policies.
Library Lending
In order to make materials available to all persons on an equal basis, the Kaleidoscope Learning Board of Directors has adopted the following Terms of Use for the circulation of library materials.
Who May Borrow
Any Kaleidoscope Learning member may have access to the Educational Materials Library’s inventory and borrow such materials as is available from the Educational Materials Library without additional charge when presenting proof of membership, for example: using MyTurn to reserve items online before picking up in-person at our St. Paul location. A member is a person, over the legal age of eighteen (18), who pays for a monthly membership to the Family Resource Center.
Those under eighteen (18) must have a parent or guardian reserve items from the Educational Materials Library. Membership to the Family Resource Center is on a per family basis. The parent(s) or guardian(s) must first register their family’s membership with the Family Resource Center through MyTurn before the family can begin borrowing items from the Educational Materials Library. By signing the registration parents and/or guardians agree to the following: 1) parents/guardians are responsible for maintaining the physical condition of the materials checked out by themselves and minors, including loss and damage, as well as any resulting fines related to loss and damage; 2) the parents/guardians are totally responsible for monitoring the ability and age appropriateness of materials used by their minors.
Kaleidoscope Learning, and its affiliate organizations such as, but not limited to, Monarch Montessori School, in accordance with its materials selection policy, will select materials on a variety of early childhood education topics. As an early childhood educational service, the Educational Materials Library inventory is designed for, but not exclusively limited to, children ages birth (0) to six (6). Kaleidoscope Learning, Monarch Montessori School, and the Family Resource Center’s staff have the discretion to incorporate educational materials designed for children age seven (7) and older if the organization chooses to do so.
The Kaleidoscope Learning’s services, including the Educational Materials Library, will be accessible to families who register as members with Kaleidoscope Learning through MyTurn. Newly applied members will have valid registrations on file at the Kaleidoscope Learning’s in-person facility “Family Resource Center” at the time of the request.
Registration
Kaleidoscope Learning will issue membership to the Family Resource Center, including the Educational Materials Library, to those persons requesting it.
Any patron over the age of eighteen (18) who wishes to borrow materials from the Educational Materials Library and use other services of the Family Resource Center will need to create an account and sign-up for a monthly membership through MyTurn “www.kscopelearning.myturn.com”.
When registering for a membership to Kaleidoscope Learning, patrons must determine their preferred membership level. Kaleidoscope Learning has three (3) membership levels:
- Caterpillar Membership Level
- Chrysalis Membership Level
- Professional Membership Level
The services and products, as well as the price and rates, for each Kaleidoscope Learning membership level will be displayed on Kaleidoscope Learning’s website (www.kscopelearning.org). Kaleidoscope Learning has the authority to change or modify the membership levels, including any addition or subtraction of membership levels, at any time.
Upon successful completion of registration in MyTurn, the patron will receive confirmation of successful registration via email. The patron will need to confirm their email address, and a Kaleidoscope Learning staff member will accept the patron’s request to join the Family Resource Center. Once a Kaleidoscope Learning staff member has approved the patron’s request to become a member, the patron can then start to reserve, borrow, and hold educational materials, furniture, toys, and other items included in the Educational Materials Library inventory.
If a member or patron loses their login information, they can contact the Kaleidoscope Learning team at hello@kscopelearning.org to recover their account.
First-Time Borrowing
Upon successful completion of becoming a member of Kaleidoscope Learning and registration in MyTurn, the new borrower may check out items for their first time. Only one (1) of the three (3), five (5), or eight (8) items a borrower can check out can be a Signature Item. Signature Items are considered, but not limited to, chairs, tables, Pikler triangles, trampolines, toddler towers, and other large gross-motor objects. Signature Items are clearly marked as such on Kaleidoscope Learning’s website and MyTurn. When these items have been returned in satisfactory condition and timely, the borrower may check out a new Signature Item or other material according to established policy.
Length of Loan
The Educational Materials Library loan periods are set to allow adequate but not excessive or exclusive use of library materials by members. Loan periods may be modified at the discretion of the Kaleidoscope Learning’s staff on duty or the Kaleidoscope Learning Board of Directors. Our current loan conditions are listed below:
Depending on the membership level, the Family Resource Center member families can check out up to three (3), five (5), or eight (8) Educational Materials Library items at any time. Only one (1) Signature Item can be checked out at one time. Signature Items count towards a member’s three (3), five (5), or eight (8) checked out items. Signature Items are, but not limited to, chairs, tables, Pikler triangles, trampolines, toddler towers, other large gross-motor objects, and toys with extensive parts. Signature Items are indicated as such in MyTurn.
Members have the ability to continue borrowing a specific item, without renewing the object on MyTurn, for up to 180 days. If a member has reached their maximum number of items borrowed, the member must return an item before borrowing a different item.
If a member ends their membership with Kaleidoscope Learning, they must return all currently checked-out items before the end of their membership period.
If a member decides to no longer continue their membership on the last day of their monthly subscription, they have up to seven (7) days to return all borrowed Educational Materials Library items to Kaleidoscope Learning’s Family Resource Center.
The member has the responsibility of returning the materials when they would like to check-out a different item. Materials must be returned at the Family Resource Center’s in-person location during operating hours, which are listed on Kaleidoscope Learning’s website (www.kscopelearning.org).
Reservations
Members can request materials in the Educational Materials Library’s inventory which are out on loan. Through MyTurn, members may place a “reserve” on such materials. Members requesting a specific material(s) will be notified via email when material(s) is available.
Transactions
All membership transactions will be conducted through MyTurn via Stripe, Inc., an online payment processing platform, and monitored by the Kaleidoscope Learning staff. We reserve the right at any point to accept or decline your order and/or membership or any portion of it, even if your order and/or membership has already been confirmed. All taxes assessed to any order are the responsibility of the purchasing member or shopper, including, but not limited to, local and regional sales taxes.
Limits of Responsibility
Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School is not responsible for damage and/or loss of parts incurred by the member, covered child(ren) or any other user(s) during operation of product(s) made available and/or sold on our website.
Lost and Damage Fines and Policy
Beyond normal wear and tear, members could experience the loss or damage to an Educational Materials Library item. Damage to an item could be, but is not limited to, mutilation, graffiti, defacing, and writing on/in an item. The Kaleidoscope Learning and the Monarch Montessori School staff have the discretion to determine if an item is damaged.
If it is determined that an item is considered damaged or lost, Kaleidoscope Learning will invoice the member responsible for the loss or damage. The member will be billed a replacement fee for the item through their MyTurn membership account. The Kaleidoscope Learning staff will have the discretion to determine the damage fee. However, the Kaleidoscope Learning staff will not determine a fee that is considered more than the fair market value of the replacement item. Members have up to two (2) weeks to pay a damage or loss invoice to Kaleidoscope Learning. If a member fails to pay the damage or loss invoice within two week’s time, the Kaleidoscope Learning staff can terminate the member’s membership.
Goods Sold
From time to time, Kaleidoscope Learning could sell to its members toys, furniture, and educational materials that are no longer included in the Educational Materials Library. For any new and/or second-hand toys or other items sold, your final invoice covers the specific item(s) listed on the face thereof (the “Goods”) and the purchase price. This invoice will be delivered to a member or shopper (“purchaser”) via their MyTurn account. All sales of toys, educational materials, and furniture are final.
Copyright
All content in our website and the compilation of it, including text, visuals, logos, and audio and video clips is the property of Kaleidoscope Learning and kscopelearning.com or its collaborators, such as content creators, partner organizations, including Monarch Montessori School, and toy makers, among others. You are strictly prohibited from claiming our content as your own.
Trademarks
All trademarks, logos, service marks and trade names belong to Kaleidoscope Learning, or others who may be contributing to the Educational Materials Library such as, but not limited to, Monarch Montessori School.
Disclaimer and Safety Warning
The content, services, and items offered for borrowing or sale are provided on an “As Is” basis with no warranty. To the maximum extent permitted by law, Kaleidoscope Learning and its affiliate organizations, such as, but not limited to Monarch Montessori School, disclaims all expressed or implied representations and warranties regarding the information, services, products and materials it offers, including but not limited to freedom from computer viruses and any implied product, safety or security warranties. Kaleidoscope Learning does not claim or warrant that content on its website “www.kscopelearning.org” or in the Family Resource Center is accurate, complete or up to date. Price and availability may change without notice.
Just as Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School, recommends to members of its toy library, Kaleidoscope Learning also requires that a purchaser inspect any good(s) he/she is buying. Kaleidoscope Learning, and its affiliate organizations such as, but not limited to, Monarch Montessori School, is not responsible for a purchaser’s failure to inspect the goods. The purchaser understands that goods sold at Kaleidoscope Learning’s Educational Materials Library may have previously been used by person(s) other than Kaleidoscope Learning and Monarch Montessori School and discharges Kaleidoscope Learning and affiliate organizations from any and all liability directly or indirectly resulting from he or she, children or any others using the product(s) purchased.
A majority of toys, furniture, and educational materials, available for borrow or sale through Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School, may contain small parts, points, edges or other cautious aspects that are that are specifically for older children. Kaleidoscope Learning will have age-recommendation descriptions for each item in the Educational Materials Library. Children ages two (2) and under are especially susceptible to toy injury. Members and purchasers are responsible for researching the appropriate ages, skill levels and operational specifications for the item loans and purchases they make through Kaleidoscope Learning. This responsibility includes supervising your child(ren)’s play and checking toys regularly for damage and other hazardous issues.
Product Information
Toys, furniture, and other products, including their packaging such as PVC bags, plastic bins, and cardboard boxes, included in the Educational Materials Library are available for borrowing when no one else has checked them out. Toys and other products that are available for sale are valid and effective only in the United States and currently only in select locations within the State of Minnesota. It is at the discretion of Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School, to identify the local areas for which memberships and purchases currently apply.
Please note that prices, images and descriptions presented on MyTurn, www.kscopelearning.org, www.kscopelearning.myturn.com, or in the Family Resource Center are subject to change. Kaleidoscope Learning is not responsible for unintentional errors and you should contact us immediately with any concerns about a discrepancy. When you apply for a membership or order a toy, item or event purchase from us, you agree to the price and terms identified. Any future or past price differences are irrelevant and non-refundable. Your computer or device settings, display and technical specifications could affect how a product(s), pricing and other information appears.
Links
The content on our website “www.kscopelearning.org”, “www.kscopelearning.myturn.com” may contain links to sites outside of our own for your convenience and reference. Kaleidoscope Learning assumes no responsibility for those sites, their privacy policies, terms of use, content or otherwise, and our linking to them is not an endorsement or recommendation of their broader content or offers.
Disclaimer of Liability
Kaleidoscope Learning, and its affiliate organizations such as, but not limited to, Monarch Montessori School, assumes no responsibility for the misuse of used or new toy products and other items borrowed or sold through the Educational Materials Library, MyTurn, or Kaleidoscope Learning’s online or in-person platforms. In no event is Kaleidoscope Learning and its affiliate organizations, such as, but not limited to, Monarch Montessori School, liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if Kaleidoscope Learning or Monarch Montessori School has been previously advised of the possibility of such damage in connection with the use, performance or performance failure of the content, services, toys and/or other items available from the Educational Materials Library.
While every effort has been made to ensure the accuracy of the information on our website, Kaleidoscope Learning is not responsible for any errors or omissions. This information should not be taken to constitute legal advice or opinion, or to replace manufacturer guidelines. Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School, disclaims all responsibility and accepts no liability (including negligence) for consequences of any person acting, or refraining from acting, on this information.
Members and purchasers acknowledge that goods loaned and/or sold through Kaleidoscope Learning may be dangerous if improperly used. Members and purchasers must contact the original manufacturer of item(s) used/purchased to obtain up-to-date safety precautions, operation manuals and other information to ensure the safe operation of Goods and the safety of those, including child(ren), who are using them. Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School, are not responsible for any loss or injury resulting from defects or alleged defects in items borrowed or sold, or from their use.
Arbitration
Any dispute, controversy or claim between the parties arising out of or relating to this Terms of Use and Policies or the breach, termination or validity hereof shall be referred to and finally resolved by binding arbitration in Saint Paul, Minnesota, to the exclusion of all other procedures, in accordance with the rules then in force of the American Arbitration Association, which are deemed to be incorporated by reference into this Section 9. In any such arbitration, one arbitrator shall be appointed in accordance with such rules. Where the rules of the American Arbitration Association do not provide for a particular situation, the arbitrator shall determine the course of action to be followed. To the maximum extent permitted by applicable law, the parties agree not to assert any rights to have any court rule on a question of law affecting the arbitration or to hear any appeal from or entertain any judicial review of the arbitral award.
Indemnification
Member and/or purchaser agrees to defend, indemnify and hold harmless Kaleidoscope Learning and its affiliate organizations such as, but not limited to, Monarch Montessori School, from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses incurred by such person arising from any loss, damage or injury to person or property arising from items borrowed or sold by Kaleidoscope Learning. This indemnification applies to Members and purchasers and any transferee third-party users of the goods.
User Generated Content (UGC)
Members, users and others may at times submit content to us on Kaleidoscope Learning’s website “www.kscopelearning.org” or social media platforms that Kaleidoscope Learning is interested in using. These types of content may include relevant images, personal comments and recommendations, and play ideas and inspirations. By sharing your UGC with us, you agree to the following terms in addition to Terms of Use for our website and our Privacy Policy.
- You own content shared with us, and you are not violating anyone else’s rights and intellectual property in doing so.
- You have the right to share your UGC, you are over 18 years old, and you are legally responsible for any child(ren) depicted in any images shared.
- Sharing your UGC with us grants Kaleidoscope Learning license to use your UGC without expiration and without any compensation.
- We are under no obligation to use your UGC, and we may selectively republish UGC at our discretion on our website, social media platforms, and/or other communication vehicles.
- Sharing your UGC releases Kaleidoscope Learning from any and all liability that may arise from our use of it.
- Sharing your UGC with us makes it publically available, including any personal information you might disclose in it. If you want us to remove your UGC from our site, e-mail us at hello@kscopelearning.org or call us at (651) 340-1413. Your waiver of rights will still apply to any UGC used.
Termination
This Agreement shall continue in full force and effect until the first to occur of:
- The Member wishes to terminate their membership with Kaleidoscope Learning
- A Kaleidoscope Learning staff member has terminated a member’s membership for reasons such as, but not limited to, missed fees and payments and violating the Terms of Use and Policies.
Kaleidoscope Learning reserves the right to terminate a member’s membership at any time. When a Kaleidoscope Learning staff member terminates a membership, the terminated member will be notified via email the termination of their membership. Members who wish to continue their membership should reach out to the Kaleidoscope Learning staff.
The following sections are not relevant to termination: Limits of Responsibility, Lost and Damage Policy and Fines, Copyrights, Trademarks, Disclaimer and Safety Warning, Product Information, Disclaimer of Liability, Arbitration, Indemnification, User Generated Conflicts, and Conflicts.
Conflicts
In the event of a conflict between the terms of this Agreement and the terms of Kaleidoscope Learning’s Privacy Policy and Website Terms and Conditions, the terms of this Agreement shall prevail. In the event of a conflict between the terms of this Agreement and the terms of any Future Agreement, the terms of the Future Agreement shall prevail.
Governing Law
The Laws of the State of Minnesota will govern these Terms of Use.
Created: 06/16/2022
Last Modified: 11/21/2022
