Welcome to AfterSchool HQ, LLC, (referred to herein as “We”) provides our website, https://afterschoolhq.com platforms, tools, and services (together, “Our Platform”) to you conditioned on your acceptance without modification of the terms, conditions, and notices set forth in this Terms of Services Agreement (this “Agreement”).
Our Platform provides our users with resources including, but not limited to, the organizing of activities, leagues, and sessions. You agree to comply with all applicable domestic and international laws, statues, ordinances, and regulations regarding your use of Our Platform. You also agree to comply with all applicable laws, statues, orinances, and regulations regarding the transmission of technical data exported from the United States or country in which you reside.
We have the right to temporarily suspend or terminate your use of Our Platform and refuse any and all current or future use of any portion or all of Our Platform. Our Platform is not available to any terminated or suspended AfterSchool HQ users. By registering for Our Platform, you warrant that you are at least 13 years of age. If you are under 13 years of age, you may use AfterSchool HQ with permission of a parent or guardian.
3.1 General. AfterSchool HQ Providers choose the price of their activities and sessions (the “Fee”). Users must pay the full Fee with a valid credit card or ACH direct deposit in order to register for an activity through AfterSchool HQ. We may in sole or absolute discretion, along with notification, add, remove, or change activities, features, and services, we offer or the Fee structure (including the type or amount of fee) we charge at any time. If we notify you of new Fees or change the Fees for an existing service, you agree to pay all Fees and charges specified and all applicable taxes for your continued use of the service. AfterSchool HQ is not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service.
3.2 Additional Fees. Some Providers, Instructors, or Teachers may request or require additional fees in order to compensate for material costs, space rental, supplies, or other expenses. These additional fees are at the discretion of Provider, Instructor, or Teacher who decide whether such fees are required and how such fees are spent. We do not represent or acknowledge and cannot ensure that a Provider, Instructor, or Teacher is truthful and legitimate, that he or she will use additional fees as promised, or that you will be satisfied with how your payment is spent.
3.3 Consent to Disclosure. You acknowledge and agree that AfterSchool HQ may disclose Your Information (defined in section 4) if required to do so by law or in good faith belief that such disclosure is reasonably necessary.
3.4 AfterSchool HQ Payments to Providers. When you enroll in or register for an activity with a provider, you agree to be bound by and to pay for that transaction. All activities listed, paid, and processed through AfterSchool HQ are subject to processing fees. AfterSchool HQ charges an after school program support fee on top for each transaction along with a transaction fee if the customer pays with a credit card. Therefore, the list price to customers will be greater than the price entered by the activity provider.
3.5 AfterSchool HQ Payment Processing. AfterSchool HQ uses Stripe for payment processing services. By using Stripe, providers agree to the Stripe Payment Services Agreement available at https://stripe.com/payment-terms/legal.
4.1 Definition. “Your Information” is any information, post or material, that you directly or indirectly provide through the use of our platform. You acknowledge that you are responsible for Your Information; AfterSchool HQ acts as a passive conduit for the distribution and publication of your public information.
4.2 Restrictions. Any of Your Information submitted through the use of Our Platform on publicly accessible areas of our website is considered “Public Information”. Publicly accessible areas of our website includes areas available to some or all of our users or to the general public. Registration and profile information are collected upon joining Our Platform. Such information may include a person’s name, birthdate, grade, medical information, emergency contact information, parent information, and any other pertinent information.
We use this information to maintain, operate, and provide the features of Our Platform. We may use this information to communicate with you, such as to send you a text message or email.
In consideration of your use of Our Platform, you agree that Your Information shall not be fraudulent, counterfeit, or materially false. Your Information shall not violate any law, statute, ordinance, regulation, or infringe on any third party copyright, patent, trademark or rights of publicity. Your Information should not express threatening behavior or harassment.
4.3 License. AfterSchool HQ does not claim ownership to Your Information. We use Your Information in accordance with the terms stated throughout this Agreement. To enable us to use your Public Information and to ensure we do not violate any rights in your Public Information, you grant AfterSchool HQ a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise.
4.4 Use of Your Information. We will not rent, sell, or disclose any of Your Personally Identifiable Information to any third-party vendor.
5.1 Control. You, the user, are entirely responsible for any and all Public Information that you post, upload, enter, email, or otherwise make available through the use of Our Platform. We do not have control over your Public Information, nor do we endorse any opinions expressed by you, providers, instructors, or any other users. You agree that by using Our Platform, you could be exposed to information that may be considered offensive, objectionable, or indecent. AfterSchool HQ has no obligation to monitor, nor are we responsible for, Your Information or information of or posted by other users.
5.2 Grounds for Removal, Suspension, and/or Sanction. The following types of actions are cause for immediate removal, repeal, and/or suspension of your account.
6.1 AfterSchool HQ Activities. Through Our Platform we provide tools that allow our users to set up physical meetings at venues including, but not limited to, parks, schools, or private enterprises. We do not supervise these sessions and are not involved with the activities or actions of any individual at these activities. We have no control or responsibility over the identity or actions of individuals at this session, we advise that users take caution and exercise good judgment when attending AfterSchool HQ activities.
6.2 Release. Due to the fact that we do not supervise or control any activities provided through AfterSchool HQ, the interactions between members in an activity, or the transportation of users to an activity, and because we have little to no control over the quality, morality, safety, legality, or accuracy of various aspects of The Platform, you agree to release us from claims, demands and damages of every kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising of or in any way connected with your use of the Platform, our resolution of any disputes among users, and your transportation to and from, attendance at, or the actions of you or other individuals at an AfterSchool HQ Activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction, that would purport to limit the scope of a release or waiver.
6.3 Activity Publishing. By publishing an activity on AfterSchool HQ, you take on full responsibility for the content of the Activity. Activity Providers are aware that all information, content, images, forms, and locations are publicly available and available to book by any student.
6.4 Customer Refunds and Review Process. We understand that there are miscommunications and conflicts that arise between providers and those signing up for an activity. Your ability to cancel an enrollment or obtain refund credits is determined by the activity provider. Credit card processing fees charged by AfterSchool HQ are non-refundable. During the review process, AfterSchool HQ reserves the right to offer full, partial, or no refund to a customer’s refund request at our sole discretion regardless of whether or not the customer has left a review (positive or negative) on the AfterSchool HQ platform. If a refund request is sent within 48 hours and granted, you are able to get up to 100% of your activity payment back, excluding the nonrefundable transaction fee. If a refund request is submitted after 48 hours, you are able not to get the Afterschool Program Support Fee refunded. At times, AfterSchool HQ may opt to cover the refund, paying the activity provider and refunding the customer.
7.1 You understand and agree that certain communication, such as announcements, newsletters, and promotions are part of Our Platform. By using Our Platform, you agree to receive the aforementioned communications from AfterSchool HQ. You have the ability to manage your communications from Our Platform by unsubscribing, however, there are some notifications that cannot be disabled.
7.2 Communication with AfterSchool HQ users.
Activity Providers. By using Our Platform and registering for an activity, you understand that you may receive communications from your instructor including, but not limited to, details and updates regarding your activity throughout the course of using Our Platform. These communications will be relayed through your email address and/or your phone number. However, you do have the option to opt out of certain notifications.
Personal email. If you contact an Activity Provider directly through Our Platform, you bear any and all risk associated with disclosing your personal email address to the individual or individuals associated with that activity.
7.3 Role of Activity Provider. You understand and agree that Activity Providers of an activity in which you are enrolled in have the right, in their absolute discretion, to temporarily or permanently suspend or remove any content or information you have posted in connection with such activity. Please be aware that no Activity Provider or Instructor is an AfterSchool HQ representative or agent. Therefore, no activity provider shall enter into contractual obligations on AfterSchool HQ’s behalf.
7.4 Other Users. AfterSchool HQ does not control the content or information provided by other users made public through Our Platform. You may find other users' information to be offensive, harmful, deceptive, or inaccurate. We advise that all users take caution and use common sense when using our website. Please be aware that you may be dealing with underage persons or people using the platform under a false pretense.
We may provide, through Our Platform, links to external websites and resources. Because we do not have control over such websites, you understand and agree that we are not responsible for the availability or functionality of such websites or resources. We do not endorse or take responsibility for any content, information, products, advertising, or other materials on or available through such websites. You also understand that AfterSchool HQ is not liable for any damage or loss caused in connection or interaction with such outside websites or resources.
Your correspondence, business dealings, interactions with or participation in conjunction with marketing partners or third party affiliates found on or through Our Platform including but not limited to payment and delivery of goods or services and any other terms and conditions associated with such dealings, are solely between you and such third party. You understand and agree that AfterSchool HQ is not liable or responsible for the loss or damage incurred or the resulting presence of such third party on our website or located through the use of Our Platform.
You agree to indemnify and hold all AfterSchool HQ officers, directors, shareholders, employees, agents, affiliates, and third party partners harmless from any claim or demand, including attorneys’ fees, claimed by any third party due to or arising out of your breach of representations and warranties or this Agreement or the documents it incorporates by reference, your use of Our Platform, Your Information, your violation of any law, statute, regulation, or ordinance or the rights of a third party, your participation in an activity, or your participation as a Provider, Administrator, or Instructor. Without limiting the foregoing, you, as a user, Activity Provider, School Administrator, Teacher, District Administrator, or Activity Instructor agree to indemnify and hold us and our officers, directors, shareholders, employees, agents, affiliates and third party partners harmless from any claim or demand, including attorneys’ fees, made by any AfterSchool HQ activity participant or third party due to or arising out of your actions, including your involvement in money paid to you by members of an Activity.
12.1 Disclaimer of Warranties. Your use of Our Platform is at your sole risk. We provide our platform “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranty of merchantability, fitness level required for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness and performance of Our Platform. We disclaim any warranties regarding any information, content, or advice received through Our Platform. We disclaim any warranties for goods or services obtained through or advertised through Our Platform. You understand and agree that any content downloaded or otherwise obtained through Our Platform is at your sole discretion and you are responsible for any damages or information loss to your computer system from such download.
12.2 Limitation of Liability. You agree that under no circumstances should AfterSchool HQ be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, goodwill, data or other intangible losses arising out of or in association with your use of Our Platform or transportation to or from AfterSchool Activities. Attendance at AfterSchool Activities, participation in or exclusion from AfterSchool Activities and the actions or omissions of you or others.
12.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 12 may not apply to you.
13.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of Our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in an AfterSchool HQ Activity (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at an AfterSchool HQ Activity). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. and hereafter referred to as “JAMS”), or its successor, for mediation pursuant to Section 13.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 13.4. Nonetheless, legal action taken by AfterSchool HQ to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or Our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by AfterSchool HQ. In addition, either you or AfterSchool HQ may seek any interim or preliminary relief from a Court of competent jurisdiction in Indianapolis, Indiana necessary to protect the rights or property of you or AfterSchool HQ pending the completion of arbitration.
13.2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
13.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
13.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 13.2 and 13.3 shall be submitted to final and binding arbitration before JAMS in Indianapolis Indiana, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
13.5 Enforcement. The provisions of Sections 13.3 and 13.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
13.6 Notice; Waiver. By agreeing to this Agreement you have, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 13, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
13.7 Dispute Resolution By AfterSchool HQ for the Benefit of Users. We may try to help AfterSchool HQ members resolve disputes. We do so in our sole and absolute discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of Our Platform or this Agreement with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of Our Platform.
You agree that we, in our sole and absolute discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular AfterSchool HQ Activity participant or Teacher or Host, or your ability to use all or any portion of Our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users, or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of Our Platform. Termination or suspension of your use of Our Platform in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
16.1 AfterSchool HQ’s Trademarks. AfterSchool HQ trademarks and service marks, and other AfterSchool HQ logos, products and service names, are trademarks of AfterSchool HQ (the “AfterSchool HQ Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the AfterSchool HQ Trademarks without AfterSchool HQ’s prior written consent.
16.2 Copyrights and Trademarks of Others. AfterSchool HQ respects the intellectual property of others, and we ask our users to do the same. To the extent AfterSchool HQ uses a trademark that is the property of a third party, AfterSchool HQ shall provide clear notice to anyone viewing AfterSchool HQ’s use of that trademark that (a) AfterSchool HQ does not own the trademark and that the trademark is the property of a third party, (b) AfterSchool HQ has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored AfterSchool HQ’s use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to Our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent (the “Copyright Agent”) the following information (the “Copyright Notice”): 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in the Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
16.3 Proprietary Rights. You acknowledge and agree that Our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through Our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by AfterSchool HQ or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Platform, in whole or in part.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Our Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the AfterSchool HQ Activity.
18.1 Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail with a return receipt requested to AfterSchool HQ, 12175 Visionary Way Suite 710, Fishers, IN 46038 or by email to firstname.lastname@example.org, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be effective 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing with a valid return receipt from the U.S. post office.
18.2 Entire Agreement. This Agreement constitutes the entire agreement between you and AfterSchool HQ, superseding any prior agreements between you and AfterSchool HQ. To the extent that you have previously registered with AfterSchool HQ and provided Your Information, this Agreement now governs how AfterSchool HQ may use Your Information, whether provided in the past or the future.
18.3 No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and AfterSchool HQ is intended or created by this Agreement.
18.4 Governing Law and Venue. Except as expressly provided in this Section, (a) this Agreement and the relationship between you and AfterSchool HQ shall be governed by the laws of the State of Indiana without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Indiana between Indiana residents, and (b) you and AfterSchool HQ agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Indiana.
18.5 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by AfterSchool HQ, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of AfterSchool HQ’s assets, or similar transaction. You further agree that, in the event of such assignment, AfterSchool HQ may use Your Information in accordance with Section 4 of this Agreement.
18.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to Our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
18.7 No Waiver. AfterSchool HQ’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
18.8 Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and AfterSchool HQ nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
18.9 Survival. Sections 3.2 (Additional Fees Assessed by Teachers or Hosts; Payments to Teachers or Hosts), 3.3(AfterSchool HQ Activity Fees) 4.3 (License), 5.3 (Interference with Platform), 6.2 (Release), 11 (Indemnity), 12 (Warranties; Liabilities), 13 (Dispute Resolution) and 18.4 (Governing Law) shall survive any termination or expiration of this Agreement.
18.10 Limitation. You and AfterSchool HQ each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
18.11 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The Platform offered under this Agreement is offered by AfterSchool HQ LLC., AfterSchool HQ LLC, 12175 Visionary Way Suite 710, Fishers, IN 46038. Please report any violations of this Agreement by sending a notice of the violation to AfterSchool HQ by postal mail or email, as follows:
AfterSchool HQ LLC,
12175 Visionary Way Suite 710,
Fishers, IN 46038