Terms of Service

Terms of Use – End Users

The Terms of Use ("Terms") govern your use of the ActivityHero website and services ("Site") provided by ActivityHero, Inc. ("ActivityHero"). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each one. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in this document.

Services

ActivityHero provides this website to you, the "End User", and to any other entity on whose behalf you accept these Terms (collectively "you"). These Terms are entered into by and between ActivityHero and you, and you accept them by: (a) transacting activities through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, please do not use the Site.

If you are an Activity Provider, please review the Listing Terms of Service.

Your Obligations and Conduct

In consideration of your use of the Site, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (b) maintain the security of your password and identification; (c) restrict access to the user's computer; (d) maintain and promptly update the Registration Data and any information you provide to ActivityHero, to keep it accurate, current and complete; (e) accept all risks of unauthorized access to information and Registration Data; and (f) avoid using the Site if you are under the age of 13. If you are under the age of 13, you are not allowed to register on the Site and you must ask a parent or guardian to register on your behalf. You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to ActivityHero or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. ActivityHero reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

You understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your membership account or otherwise will violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not ActivityHero) shall be solely responsible for all materials submitted to the Site.

You further agree not to harvest or collect email addresses or other contact information of members from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. In addition, you agree not to use the Site to:

Communications from ActivityHero and other Users

By creating an account, you agree to receive certain communications in connection with the Site. You will receive our periodic e-mail newsletter about classes and camps in your neighborhood. You can opt-out of non-essential communications from a link at the bottom of the email.

Content Submitted to the Site

The information, opinions, advice, statements, offers, and other content made available through the Service, but not directly by us, are those of their respective authors. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Service. The information available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with the Service, or any information therein, relating to the quality, suitability, truth, accuracy or completeness of any information contained in the Service. Under no circumstances will we be responsible for any loss or damage resulting from: a) your reliance on information or other content posted or transmitted to or by any user of the Service; or b) reviews or comments made about you on the Service by other users. If you question, doubt or dispute any information or would like to notify us of any suspected or known inaccurate, false or misleading information posted through the Site, you can contact us at info@activityhero.com

We do not take part in the interaction between End Users and Activity Providers except to take your registration information and, where applicable, collect payments on the behalf of the Providers. You understand and agree that we do not have control over the quality, timing, legality, appropriateness or any other aspect whatsoever of the services offered or actually delivered by the Providers, nor of the integrity, responsibility or any of the actions of the Providers. We make no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Providers and we expressly disclaim any liability that may result from the provision or use of this information. We are not an agent or broker for Providers, and we have no control over the conduct of Providers or their staffs.

Payments and Refunds

When you make a reservation and/or enroll with a Provider through the Service, you are agreeing to be bound by and to pay for that transaction. You are obligated to pay for the Activity you register or enroll in. You authorize us to charge the full amount to your chosen payment provider for the transaction. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment.

The ability of a user to cancel registrations and obtain refunds or credits, if any, is determined by the policy established by each individual Activity Provider. Contact the Activity Provider to discuss matters relating to cancellations, refunds or credits. Referral fees and/or credit card processing fees charged by ActivityHero are non-refundable. All Activity Providers reserve the right to modify class schedules at any time, or cancel listings if enrollment is not sufficient in their opinion. Refunds or credits, if any, in the event of a class cancellation by an Activity Provider are determined by the policy established by that individual Activity Provider.

ActivityHero may use third party payment processing services to process credit card information. While ActivityHero will use commercially reasonable efforts to protect the privacy of all personal and financial information, ActivityHero expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to ActivityHero's use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about ActivityHero's use of payment processing services, please contact ActivityHero by email at support@ActivityHero.com.

Indemnity

You agree to indemnify and hold ActivityHero and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of or connection to the Site (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.

General Terms

The Terms constitute the entire agreement between you and ActivityHero relating to their subject matter, and cancel and supersede any prior versions of the Terms. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use ActivityHero or third-party products or services.

You agree that any material breach of the Terms will result in irreparable harm to ActivityHero for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, ActivityHero will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if ActivityHero seeks such an injunction.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Third Party Verification Services

ActivityHero may make available one or more third party verification services that enable users of the Site to inquire about information including, but not limited to, another user’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that ActivityHero shall not be held responsible or liable in any way for any information provided by a third party verification service. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.

Advertisements and Promotions

ActivityHero may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ActivityHero found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. ActivityHero is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ActivityHero advertisers on the Site.

Content Provided Via Links

You may find links to other websites or resources on the Site. You acknowledge and agree that ActivityHero is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ActivityHero will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Intellectual Property Rights

Except as expressly authorized by ActivityHero or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software ActivityHero discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

"ActivityHero Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations ActivityHero uses in connection with its products and services. You may not remove or alter any ActivityHero Trademarks, or co-brand your own products or material with ActivityHero Trademarks, without ActivityHero's prior written consent. You acknowledge ActivityHero's rights in ActivityHero Trademarks and agree that any use of ActivityHero Trademarks by you shall inure to ActivityHero's sole benefit. You agree not to incorporate any ActivityHero Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by ActivityHero on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

Disclaimer of Warranties

Your use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. ActivityHero disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. ActivityHero makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.

ActivityHero makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Site, including any damages resulting from computer viruses.

Limitation of Liability

To the full extent permitted by law, ActivityHero is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if ActivityHero has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content or information you my download, use, modify, or distribute.

Notices; Modification and Termination of Services; Amendment of Terms

ActivityHero may provide notice to you via email, regular mail, or posting notices or links to notices on the Site. ActivityHero reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or your use of or access to them, with or without notice. ActivityHero may also delete, or bar access to or use of, all related information and files. ActivityHero will not be liable to you or any third-party for any modification, suspension, or termination of the services, or loss of related information. ActivityHero may amend these Terms at any time by posting the amended terms on this Site.

Miscellaneous

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, this document shall take precedence. ActivityHero’s failure to enforce any provision of these Terms shall not be deemed as either a waiver of such provision or as a waiver of the right to enforce such provision.