Last Updated: December 2, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) before using the www.TimeAfterSchool.com website and the TimeAfterSchool mobile application (together, or individually, the “Service”) operated by TimeAfterSchool, LLC (“us”, “we”, or “our”).

The TimeAfterSchool Platform is an online marketplace that enables registered users (“Program Providers”) to publish programs, such as classes, camps and events (“Programs”) on the TimeAfterSchool Platform (“Listings”) and to communicate and transact directly with users that are seeking to book such programs (Users booking Programs are “Parents”).

1. Acceptance of Terms of Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

2. Registration.
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person′s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made us.

3. Communications.
By creating an Account on our service, you agree to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Any program providers you have enrolled with through TimeAfterSchool may also email you regarding the activity or special offers. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

4. Eligibility.
You may use the Service only if you can form a binding contract with TimeAfterSchool, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by TimeAfterSchool. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

5. Content.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We may evaluate your listing in good faith and will, at our sole discretion, accept or reject your request and notify you accordingly. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. We have the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of TimeAfterSchool, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6. Billing.
We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

7. Accounts.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

8. Terms Specific for Program Providers.

8.1 Be Responsive. Maintain a high response rate by replying to reservation inquiries and requests within 1 business day.

8.2 Lowest Rate. You guarantee that the price you offer on TimeAfterSchool is the lowest that you offer through any other platform, venue or means at the time of the reservation. You agree to match the lowest applicable price in the case that a cheaper price is offered by you or your organization through another platform, venue or means. Parents referred to you should receive the benefit of all discounts and coupons offered by you to the public if all pre-determined conditions for receiving the discount are met.

8.3 Service Fee, Annual Fee. TimeAfterSchool may charge Program Provider service fee and/or annual fee for using TimeAfterSchool Platform. TimeAfterSchool reserves the right to change the Service Fees/Annual Fee at any time, and will provide you reasonable notice of any fee changes before they become effective. Such fee changes will not affect any reservations made prior to the effective date of the fee change. The service fee charged to the Program Providers will be collected from the Parents through the reservation deposit. The service fee, or reservation deposit, will be charged after Program Providers accept the reservation requests. Program Providers are responsible for collecting the balance of program price (=total price-service fee) directly from the Parents. The service fee paid to TimeAfterSchool is in lieu of the initial down payment request from the Program Providers. Program providers may not ask the Parents to pay the initial down payment for a second time. Program Providers will guarantee enrollment as long as Parents paid the balance within the time period specified by the program providers. Parents can cancel a confirmed reservation at any time pursuant to the Listing′s cancellation policy set by the Program Provider. TimeAfterSchool will refund the deposit back to the Parent if the cancellation request is made before the starting date of the program. If the cancellation request is made after the program′s starting date, the deposit will not be refundable.

8.4 Auto-Renewal for Services. Unless you opt out of auto-renewal, which can be done by contacting us, any Services you have signed up for will be automatically extended for successive renewal periods for the same duration as the subscription term originally selected, at the then-current non-promotional rate. We may submit periodic charges (i.e., Annual) without further authorization from You, unless and until You provide prior notice (receipt of which is confirmed by us) that You have terminated this authorization or wish to change Your payment method.

8.5 Cancellation Policy. 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 Parents prior to their enrollment in your Program. You will guarantee prices and spots for their reservations as long as parents make payments to you based on your specific instructions. If Parent failed to make payments to you based on your instructions, you will be able to cancel the reservations based on your cancellation policy by notifying the Parent. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

8.6 TimeAfterSchool Special Discount If you wish to promote your program by providing a special discount for Parent who registers through TimeAfterSchool, you can provide the discount when entering the program details. You agree that your offer of TimeAfterSchool Special Discount is exclusively to TimeAfterSchool users. You shall provide the benefit of such discounts to the Parent who registers through the platform. The service fee due to TimeAfterSchool will be based on the session′s full price.

9. Terms Specific for Parents.

9.1 Reservation Deposit. You will be charged a reservation deposit, usually 10% or less of the program price, when your reservation request is accepted by the Program Provider. The deposit will be presented to you prior to booking a program. You will pay the balance to the Program Provider directly. The deposit is refundable if you make the cancellation request before the beginning of the program. However, if you request cancellation after the starting day of the program, the deposit will not be refundable.

9.2 Upon receipt of a reservation confirmation from TimeAfterSchool, a legally binding agreement is formed between you and the Program Provider, subject to any additional terms and conditions of the Program Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. You will pay the balance of the price to the Program Provider directly. If you fail to pay the balance based on Program Provider′s instruction, the reservation may be cancelled at Program Provider′s sole discretion.

9.3 We guarantee that the price you book on TimeAfterSchool is the lowest at the time of the reservation. In the case that you find a cheaper price being offered through another platform, venue or means, we agree to meet that price. When booking through TimeAfterSchool, You will receive the benefit of all discounts and coupons offered by the Program Provider to the public if all pre-determined conditions for receiving the discount are met.

9.4 TimeAfterSchool Credits may be redeemed for eligible bookings via the TimeAfterSchool Platform. You may only redeem TimeAfterSchool Credits after the Credits are reflected in your TimeAfterSchool Account.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a reservation, Parents can leave a public review (“Review”) and submit a star rating (“Rating”). Ratings or Reviews reflect the opinions of individual Parent and do not reflect the opinion of TimeAfterSchool. Ratings and Reviews are not verified by TimeAfterSchool for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Parents and Students must be accurate and may not contain any offensive or defamatory language.

10.3 Providers are prohibited from manipulating the Rating and Review system in any manner, such as instructing a third party to write a positive or negative Review about another Provider.

10.4 Ratings and Reviews are part of a Provider′s public profile and may also be surfaced elsewhere on the TimeAfterSchool Platform (such as the Listing page) together with other relevant information.

11. Intellectual Property.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TimeAfterSchool, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

12. Links to Other Web Sites.
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

13. Termination.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. You may terminate this Agreement at any time by sending us an email. If you cancel your TimeAfterSchool Account as a Provider, any confirmed booking(s) will be automatically cancelled and Parents who reserved your program will receive full deposit refund. If you cancel your TimeAfterSchool Account as a Parent, any confirmed booking(s) will not be refund. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Indemnification.
You agree to defend, indemnify and hold harmless TimeAfterSchool, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney′s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

15. Limitation of Liability.
In no event shall TimeAfterSchool, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

16. Disclaimer.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. TimeAfterSchool, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

17. Exclusions.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

18. Governing Law.
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

19. Miscellaneous.

19.1 Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

19.2 Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

19.3 Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

19.4 Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

19.5 No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

19.6 Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

20. Contact Us.
If you have any questions about these Terms, please contact us at support@TimeAfterSchool.com .