Welcome to ActivityHero, the website and online service of ActivityHero, Inc. ("ActivityHero," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the "Service").
This Agreement applies to all visitors, users, and others who access the Service in order to list programs, such as classes, camps, teams, leagues, and other groups and events ("Programs"), on the Service and to enroll children in such Programs via the Service (each a "Service Provider").
In order to post a listing for your Program on the Service, you must submit a truthful, complete, and accurate listing setting forth all material information necessary to enroll in your Program. We may evaluate your listing in good faith and will, at our sole discretion, accept or reject your request and notify you accordingly.
Programs that are likely to be rejected include but are not limited to those that: (i) promote products or services unrelated to activities; (ii) promote illegal, harmful, or offensive activities; or (iii) fail to conform to any formatting or other technical specifications provided to you by us.
You acknowledge and agree that you have no control over any User Content posted about you or your Programs, such as reviews posted by Users. We monitor all reviews prior to their posting on the Service in order to assess their relevance and appropriateness. If you would like to report an irrelevant or inappropriate review about you or your Program, please notify us at [email protected].
You must have in place an appropriate document setting forth your policies and procedures regarding cancellations and refunds, and you must make these policies and procedures available to Users prior to their enrollment in your Program.
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our pricing and payment terms, as we may update them from time to time. We may add new services for additional fees or charges, add or amend fees and charges for existing services, at any time, and in our sole discretion; provided that we will provide you at least thirty (30) days’ notice prior to any fee changes becoming effective.
We will bill you for your use of paid aspects of the Service through your ActivityHero account.
No Refunds. You may cancel your ActivityHero account at any time. However, there are no refunds for cancellation. In the event that we suspend or terminate your account or this Agreement for your breach hereof, you understand and agree that you will receive no refund or exchange for any fees already paid for any portion of the Service, any content or data associated with your account, or for anything else. You will be responsible for any fees outstanding and agree to pay the balance within 10 days.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. If we do not receive payment from you or your payment provider, you will pay all amounts due on your ActivityHero account on demand.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
You acknowledge and agree that ActivityHero merely provides a platform and venue for Users to research and enroll in Programs, and for you to list your Programs. ActivityHero does not provide any services except the Services. We have no control over and cannot guarantee the truthfulness, accuracy, or completeness of any User Content posted on the Service, and cannot control or guarantee that any User will actually complete a transaction with you. If you have a dispute with one or more Users, you hereby release ActivityHero (and our officers, directors, managers, members, agents, subsidiaries, joint ventures, and employees) from any claims, demands, fees, expenses, or damages of any kind or nature, known or unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which provides that:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."