1. Acceptance of Terms and Conditions

Welcome to THE SOCIAL SPECTRUM (TSS). These comprehensive Terms and Conditions (“Terms”) govern your access to and use of all services, programs, resources, facilities, digital platforms, websites, and community initiatives offered by TSS. TSS is a non-profit organization dedicated to fostering robust community connections and truly empowering individuals through comprehensive inclusive initiatives, operating from its facility at 3305 SPOTTED HORSE TRL, Austin, TX. By accessing, utilizing, enrolling in, volunteering for, donating to, or otherwise engaging with any TSS Service, you signify your unreserved agreement to be bound by these Terms, the organization’s Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately cease all engagement with TSS and its Services. These Terms constitute a legally binding agreement between you and THE SOCIAL SPECTRUM.

2. Definitions and Interpretation

For the purposes of this agreement, the following definitions apply: “TSS,” “We,” “Us,” or “Our” refers collectively to THE SOCIAL SPECTRUM, its officers, directors, employees, staff, contractors, and authorized volunteers. “User,” “You,” or “Your” refers to any individual engaging with the Services, including, but not limited to, parents, guardians, enrolled children (through their legal guardians), volunteers, donors, community partners, and website visitors. “Services” encompasses the educational programs, specialized support, administrative functions, community outreach events, fundraising campaigns, and the use of the physical facilities and digital platforms owned or operated by TSS. “Program Participant” refers specifically to an enrolled child and their legal guardians. “Volunteer” refers to any individual who provides their time and expertise to TSS without expectation of compensation, as described on the volunteer page. “Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials generated, provided, or made accessible on or through the Services.

3. General Conditions and Access to Services

TSS reserves the right to modify or terminate the Services, or your access to them, for any reason, without notice, at any time. We also reserve the right to refuse service to anyone for any reason, particularly if an individual’s conduct or engagement is deemed disruptive, harmful, or inconsistent with our mission of inclusion and positive community modeling. While we strive to ensure continuity, the Services may be temporarily unavailable due to maintenance or circumstances beyond our control. TSS is not liable for any such interruption. You understand that your Content (excluding payment information) may be transferred unencrypted over various networks but will always be protected under the terms of our Privacy Policy. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without express written permission from TSS.

4. Program Enrollment and Specific Terms for Families

4.1. Application and Acceptance

All enrollment in TSS’s specialized inclusive programs is subject to formal application, review, and acceptance based on program capacity, the appropriateness of our resources to meet the child’s individual needs, and the successful completion of all required documentation, including health records and signed consent forms. Submission of an application does not guarantee enrollment.

4.2. Financial Obligations

The legal guardian of the Program Participant agrees to timely pay all tuition, fees, and charges associated with the program as outlined in the separate Enrollment Agreement and Financial Policy. Failure to meet financial obligations may result in the suspension or termination of the child’s participation in the Services, subject to the procedures detailed in the Financial Policy. The guardian acknowledges that tuition fees are essential to consistently maintain the low teacher-to-child ratios and deliver the highly individualized attention that is the non-negotiable cornerstone of TSS’s program quality and success.

4.3. Health, Safety, and Emergency Consent

By enrolling a child, the legal guardian grants TSS staff permission to seek emergency medical treatment for the child when the guardian cannot be immediately reached, based on the medical information provided in the enrollment forms. The guardian assumes all responsibility for costs incurred related to emergency medical treatment. The guardian is responsible for providing accurate and up-to-date health information, including allergies and specialized support needs, which are critical for the staff to manage the environment safely. TSS is not liable for illness or injury sustained by a Program Participant unless directly caused by the gross negligence or willful misconduct of TSS staff.

4.4. Code of Conduct

All Program Participants and their guardians must adhere to the TSS Code of Conduct, which emphasizes proactive empathy, deep cultural understanding, and respectful communication. Disruptive, harassing, discriminatory, or aggressive behavior by any guardian or Program Participant toward TSS staff, volunteers, or other community members is strictly prohibited and grounds for immediate dismissal from the program without refund.

5. Volunteer Engagement Terms and Conditions

5.1. Volunteer Status and Relationship

Individuals who generously lend their time, expertise, and talents to TSS are classified as Volunteers. This is a non-employment relationship. Volunteers understand and agree that they are not employees of TSS and are not entitled to wages, salary, employee benefits (including health insurance, retirement plans, or paid time off), workers’ compensation, or unemployment compensation. The Volunteer relationship is “at will” and may be terminated by either the Volunteer or TSS at any time, for any reason, with or without notice.

5.2. Screening and Compliance

All Volunteers must undergo a mandatory screening process, which includes criminal background checks, to ensure they provide positive adult modeling and safety for the enrolled children. Volunteers agree to fully cooperate with these procedures and understand that failure to pass the screening will disqualify them from serving in any capacity that involves direct or indirect interaction with children or access to sensitive data. Volunteers must adhere strictly to TSS policies regarding child protection, confidentiality, and professional conduct.

5.3. Scope of Duties and Supervision

Volunteers agree to perform duties assigned by TSS staff, which may include assisting with specialized classroom activities, administrative tasks, community outreach support, or leading short-term enrichment sessions. All activities are performed under the direct supervision of a lead educator or assigned staff member. Volunteers must respect the boundaries of their roles and must never assume instructional or disciplinary authority over children without explicit, documented delegation and supervision.

5.4. Confidentiality

Volunteers will have access to confidential information, including, but not limited to, children’s developmental profiles, family contact details, and internal operational data. Volunteers agree to maintain absolute confidentiality regarding all such information and will not disclose, discuss, or use any confidential information outside the scope of their assigned duties. This obligation survives the termination of the volunteer relationship.

6. Community Outreach, Donation, and Fundraising Terms

6.1. Donations and Financial Transactions

All monetary donations made to TSS are voluntary, non-refundable, and are made with the understanding that TSS is a non-profit organization using the funds to advance its core mission. While donors may suggest the use of funds (e.g., specific program designation), TSS reserves the right to use the donation where it is most needed to achieve the total empowerment of the next generation of citizens and sustain the crucial accessibility of our highly inclusive programs. All financial transactions are processed securely through third-party payment processors, and TSS does not store sensitive credit card information.

6.2. Events and Community Engagement

Participation in community outreach events, fundraisers, and enrichment sessions is subject to any specific rules and fees published for that event. TSS reserves the right to deny admission, remove disruptive individuals, or reschedule/cancel events at its discretion. All participants in physical events at the 3305 SPOTTED HORSE TRL facility or other locations assume all risks associated with participation and agree to hold TSS harmless for any injury or loss that does not result from the gross negligence of TSS.

7. Intellectual Property Rights and Content Ownership

7.1. TSS Intellectual Property

All Content, trademarks, service marks, logos, and other intellectual property used in connection with the Services (including on the website, program materials, and curriculum) are the exclusive property of TSS or its licensors. You are granted a limited, non-exclusive, non-transferable right to access and use the Services and associated Content solely for your personal, non-commercial use in accordance with these Terms. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit any Content or third-party submissions or other proprietary rights not owned by you without the express prior written consent of the rightful owner.

7.2. User and Volunteer Content

By submitting Content (such as testimonials, feedback, artwork, or instructional materials) to TSS through any means, you grant TSS a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with the Services and the promotion of TSS’s mission, without need for further compensation or acknowledgement, except where prohibited by law or covered by a separate written agreement (e.g., photo release forms). You represent and warrant that you own or control all rights to the Content you submit and that the Content does not infringe upon the rights of any third party.

7.3. Child-Created Content

Original creative works (artwork, writings, projects) created by enrolled children during program hours are owned by the child and their guardian. However, by enrolling the child, the guardian grants TSS a limited, royalty-free license to use, photograph, or display the child’s work for internal educational documentation, communication with the guardian, and, with explicit, separate parental consent, for the promotion of the program (e.g., using a photo of a mural in a brochure) under the terms of the signed media release.

8. Digital Platform Usage and Prohibited Conduct

8.1. Acceptable Use

You agree to use the TSS website and digital platforms only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the site by any third party. Prohibited conduct includes but is not limited to: violating any law; transmitting any unlawful, harmful, threatening, abusive, defamatory, vulgar, or obscene material; transmitting any material that encourages conduct that could constitute a criminal offense; and interfering with the security or integrity of the site.

8.2. Account Security

If TSS provides you with a user account (e.g., a parent or volunteer portal), you are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify TSS immediately of any unauthorized use of your account. TSS is not liable for any loss or damage arising from your failure to comply with this security obligation.

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of Warranties

The Services, including the facility at 3305 SPOTTED HORSE TRL and all Content, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TSS makes no warranty that the Services will meet your specific requirements, be uninterrupted, timely, secure, or error-free. The information provided through the Services is for general guidance only and does not constitute professional advice (medical, legal, or otherwise).

9.2. Limitation of Liability

To the fullest extent permitted by applicable law, TSS, its directors, officers, employees, contractors, and volunteers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content. In no event shall the aggregate liability of TSS exceed the amount you paid to TSS, if any, in the six months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is lower.

10. Indemnification

You agree to indemnify, defend, and hold harmless TSS, its officers, directors, employees, contractors, and volunteers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to (a) your violation of these Terms; (b) your use of the Services, including any injuries or damages occurring on the TSS premises; (c) any Content you submit, post, or transmit through the Services; (d) your violation of any rights of any third party, including intellectual property or privacy rights; or (e) the actions or omissions of any minor under your guardianship while participating in the Services.

11. Governing Law and Dispute Resolution

11.1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

11.2. Informal Resolution

In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally through good-faith negotiation for a period of at least thirty (30) days, beginning from the date the dispute is formally raised by written notice to the other party. All notices to TSS must be directed to info@tss.lat with the subject line “Formal Legal Dispute Notice.”

11.3. Binding Arbitration

If the dispute cannot be resolved through informal negotiation, you agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Austin, Texas. The arbitration will be conducted on an individual basis, and you hereby waive any right to participate in a class-action lawsuit or class-wide arbitration.

12. Miscellaneous Provisions

12.1. Entire Agreement

These Terms, along with the Privacy Policy and any specific Enrollment or Financial Agreement, constitute the entire agreement between you and TSS concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TSS.

12.2. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

12.3. Waiver

The failure of TSS to exercise or enforce any right or provision of these Terms shall 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 an authorized representative of TSS.

12.4. Changes to Terms

TSS reserves the right, at its sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to its website. It is your responsibility to check our platforms periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

12.5. Force Majeure

TSS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TSS’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, governmental actions, natural disasters, epidemics, or acts of God.

13. Contact Information

Questions about these Terms and Conditions of Service should be sent to us at info@tss.lat or by mail at: THE SOCIAL SPECTRUM, 3305 SPOTTED HORSE TRL, Austin, TX.