Terms of Service

Last Modified: September 03, 2023

Welcome to AfterSchool HQ, LLC (referred to herein as “AfterSchool HQ”, “We”, “Our”, or “Us”). These Terms of Service are entered into by and between You and AfterSchool HQ. The following Terms of Service, together with any documents that expressly incorporate by reference, including our Privacy Policy, (collectively, "Terms of Service") govern your access to and use of our website https://afterschoolhq.com, including any content, functionality, and related services (collectively, “Our Platform”) whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use Our Platform. By using Our Platform, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use Our Platform.

Our Platform is offered and available to users who reside in the United States or any of its territories or possessions. By using Our Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Our Platform.

1. Platform

Our Platform provides our users with resources for tasks 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 are also subject to any additional posted policies and rules related to specific services and features which may be presented to you at the time of accessing and/or using such services or features. All such policies are incorporated by reference into this Terms of Service.

2. Platform Membership and Payment

2.1 Membership. You may be asked to create an account to access certain features of Our Platform. We offer two types of accounts: (1) accounts for providers who offer activities and events, including educational institutions and youth organizations (“Providers”); and (2) accounts for users who desires to participate in the activities and events offered by AfterSchool HQ Providers.

AfterSchool HQ may offer annual or monthly membership subscriptions for the use of Our Platform by Providers. If you register for such a subscription, it will be automatically renewed on the respective annual or monthly anniversary date of your subscription unless terminated pursuant to these Terms of Service.

We have the right to temporarily or permanently suspend or terminate your account, your subscription, and/or the 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.

2.3 Payment. If you agree to a subscription as a Provider, whether directly via Our Platform or via a separate order form or invoice which includes a link to this Terms of Service, then you agree to pay all fees for your selected subscription term. Payments are made for the entire annual or monthly term and will not be prorated. ALL SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE. Please note that if you agree to a yearly subscription that is paid monthly, then your subscription term is for a full year, and you agree to pay for the full year on the monthly basis set forth.

Providers may cancel their subscription at any time. Doing so will terminate automatic renewals and automatic renewal payments only for the next term of your subscription (meaning, the next year or next month, depending on the type of subscription), but will not terminate or cancel your subscription for any portion of a term already paid for, and we do not offer partial or pro rata refunds of any kind if you terminate your subscription during any term. You will continue to have access to Our Platform until the end of the subscription term for which you have already paid, unless you terminate your account. In order to avoid automatic renewal charges for the next term of your subscription, you must cancel 5 days before your subscription is set to renew.

If you agree to a recurring payment, you hereby consent to AfterSchool HQ charging your payment method without any further consent from you. Payments for automatic renewals will be charged using the payment method provided at the time of purchasing your subscription, until your subscription is cancelled or terminated. You agree that you will promptly provide us with an alternative payment method if the payment method we have on file is no longer chargeable. AfterSchool HQ reserves the right to terminate your subscription immediately if timely payment is not made.
You agree not to file any chargebacks or other reversals of a credit/debit card charge, through your financial institution or otherwise. If you feel that you have been incorrectly charged, or that your credit/debit card was used fraudulently in connection with Our Platform, reach out to us immediately. You agree to repay us all costs and expenses incurred as a result of any chargeback or other reversals you file.

3. Activity Payments

3.1 General. Providers choose the price of their activities and sessions (the “Fee”). Users purchasing or reserving an activity or session must pay the full Fee with a valid credit card or ACH direct deposit in order to register for an activity through AfterSchool HQ. With notification, we may in sole or absolute discretion, add, remove, or change activities, features, services, or the Fee structure (including the type or amount of fee) 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 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 the provider, instructor, or teacher who decides 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)in accordance with our Privacy Policy, 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 aProvider, 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 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. Your Information

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 Platform is considered “Public Information”. Publicly accessible areas of Our Platform includes areas available to some or all of our users or to the general public. Registration and profile information is 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.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. 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. You agree that all information you provide to register with Our Platform or otherwise, including, but not limited to, through the use of any interactive features on Our Platform, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4.3 License. AfterSchool HQ does not claim ownership to Your Information. We use Your Information in accordance with these Terms of Use . To enable us to use Your Information and to ensure we do not violate any rights of Your 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 or sell any of Your Information to any third-party vendor. Please see our Privacy Policy to better understand our use of your information.

5. Use of Platform

5.1 Access. We reserve the right to withdraw or amend Our Platform, and any service or material we provide on Our Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of Our Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Our Platform to users, including registered users. To access Our Platform or some of the resources it offers, you may be asked to provide certain registration details or other information.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Our Platform portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

5.2 Control. You are responsible for all arrangements necessary for you to have access to Our Platform and ensure that all persons who access Our Platform through your internet connection are aware of these Terms of Service and comply with them. Our Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials on or through Our Platform You, the user, are entirely responsible for any and all of Your Information, including 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 represent and warrant that you own or control all rights in and to the your contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. 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. Any Public Information you post to Our Platform will be considered non-confidential and non-proprietary. By providing any of Your Information, including Public Information, on Our Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings.
Please note that we do not undertake to review all Public Information before it is posted on Our Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

5.3 Grounds for Removal, Suspension, and/or Sanction. The following types of actions are cause for immediate removal, repeal, and/or suspension of your account.

The use of Our Platform to:
Harm, intimidate, or threaten a person in any way, including inhibiting another from using Our Platform.
Pose as another person or entity, including AfterSchool HQ or AfterSchool HQ staff, or falsely state or otherwise misrepresent your affiliation with another person through the use of similar account identification credentials or any other method or device.
Resell Public Information or access to Public Information
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Posting Public Information or material:
That is unlawful, abusive, harmful, tortious, threatening, defamatory, intimidating, vulgar, profane, invasive of other’s privacy, hateful, or racially, ethically or otherwise objectionable.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
That infringes on any copyright, trademark, copyright, or proprietary rights of any party or rights of publicity or privacy.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Encouraging others to violate these Terms of Use.
Violation, whether intentional or unintentional, of these Terms of Use, or of any applicable local, state, national, or international law, statute, or direction.
Disclose the personally identifiable information of any member of an AfterSchool HQ activity without the permission of that member.

6. AfterSchool HQ Activities

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 these sessions. 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, we disclaim any responsibility for the quality or experience of the activities, and the interactions between members in an activity, or the transportation of users to an activity. Additionally, because we have little to no control over the quality, morality, safety, legality, or accuracy of various aspects of Our 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 Our 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.Providers are aware that all information, content, images, forms, and locations are publicly available and available to book by any student.

6.4 Accuracy of Activity Listing. Any information advertised must be accurate, non-contradictory, and not deceptive. Activity listings should have accurate information including, but not limited to, price, location, schedule, contact information, what services are delivered, as well as grades, ages, and genders allowed (i.e. your activity should not be marked as free if registrants must pay to participate). Duplicative information in the listing that is misleading or contradictory is prohibited. Information pertaining to a program or its activities distributed outside of AfterSchool HQ should not be in conflict with what is listed on AfterSchool HQ. If AfterSchool HQ finds the accuracy of information posted is deceptive, misleading, or false, we hold the right to unpublish the offending Activity, or to suspend or terminate your account.

6.5 Customer Refunds and Review Process of Activities. We understand that there are miscommunications and conflicts that arise between Providers and those users signing up for an activity. Your ability to cancel an enrollment or obtain refund credits is determined by the Provider. However, credit card processing fees charged by AfterSchool HQ when you register for an offered activity 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 not able to get the Afterschool Program Support Fee refunded. At times, AfterSchool HQ may opt to cover the refund, paying the Provider and refunding the customer.

7. Communications with AfterSchool HQ

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 a 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 Providers of an activity in which you are enrolled 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 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 Platform. Please be aware that you may be dealing with underage persons or people using the platform under a false pretense.

8. Prohibited Uses

You may use Our Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use Our Platform:
-In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
-For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
-To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
-To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
-To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Our Platform, or which, as determined by us, may harm the Company or users of Our Platform, or expose them to liability.

Additionally, you agree not to:
-Use Our Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of Our Platform, including their ability to engage in real time activities through Our Platform.
-Use any robot, spider, or other automatic device, process, or means to access Our Platform for any purpose, including monitoring or copying any of the material on Our Platform.
-Use any manual process to monitor or copy any of the material on Our Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
-Use any device, software, or routine that interferes with the proper working of Our Platform.
-Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
-Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Our Platform, the server on which -Our Platform is stored, or any server, computer, or database connected to Our Platform.
-Attack Our Platform via a denial-of-service attack or a distributed denial-of-service attack.
-Otherwise attempt to interfere with the proper working of Our Platform.

9. Outside Links

9.1 On Our Platform. 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.

9.2 On Other Platforms. You must not establish a link from any website that is not owned by you. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. If you decide to access any of the third-party websites linked to Our Platform, you do so entirely at your own risk and subject to the terms of service for such websites.

10. Dealings with Third-Party

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 Platform or located through the use of Our Platform.

11. Indemnity

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 attorney fees, claimed by any third party due to or arising out of your breach of representations and warranties or these Terms of Use 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, 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. Warranties; Liability

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. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Our Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, 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. Dispute Resolution

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 these Terms of Use, 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 Our Platform 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 these Terms of Use 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 these Terms of Use 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 attorney fees, to be paid by the party against whom enforcement is ordered.

13.6 Notice; Waiver. By agreeing to these Terms of Use you have, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to these Terms of Use 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 these Terms of Use you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under these Terms of Use. 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 Our Platform, and we will not make judgments regarding legal issues or claims.

14. Modifications

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Our Platform thereafter.
Your continued use of Our Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of Our Platform.

15. Termination; Breach

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 or your status as a particular AfterSchool HQ Activity participant, 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 these Terms of Use 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 Our Platform under any provision of these Terms of Use may be effected without prior notice, and you 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 5.3 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. Trademarks; Copyrights; Proprietary Rights

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 (collectively 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. Our Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AfterSchool HQ, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 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 that 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. Any use of Our Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

17. No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of Our Platform, use of Our Platform, or access to Our 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. Referrals

From time to time, AfterSchool HQ may offer a referral discount to new users of the Platform who are referred by existing users, and/or may offer certain benefits to those existing users who refer new users.

AfterSchool HQ's current referral program is located here. The referral program may be changed or updated by AfterSchool HQ at any time and such changes will be effective as of the time such updates or changes are posted at the link above.

19. Additional Terms

19.1 Notices. Except as otherwise stated in these Terms of Use 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 support@afterschoolhq.com, 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 the 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.

19.2 Entire Agreement. These Terms of Use constitute 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, these Terms of Use now govern how AfterSchool HQ may use Your Information, whether provided in the past or the future.

19.3 No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and AfterSchool HQ is intended or created by these Term of Use.

19.4 Governing Law and Jurisdiction. Except as expressly provided in this Section, (a) these Terms of Use 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.

19.5 Assignment. You agree that these Terms of Use, 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 these Terms of Use and its Privacy Policy.

19.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to Our Platform, and operation of Our Platform may be interfered with by numerous factors outside of our control.

19.7 No Waiver. AfterSchool HQ’s failure to exercise or enforce any right or provision of these Terms of Use 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.

19.8 Severability. If any provision of these Terms of Use are 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 these Terms of Use will remain in full force and effect.

19.9 Survival. Sections 3.2 (Additional Fees Assessed by Teachers or Hosts; Payments to Teachers or Hosts), 3.4 (AfterSchool HQ Activity Fees) 4.3 (License), 5.3 (Grounds for Removal, Suspension, and/or Sanction), 6.2 (Release), 11 (Indemnity), 12 (Warranties; Liabilities), 13 (Dispute Resolution) and 19.4 (Governing Law and Jurisdiction) shall survive any termination or expiration of these Terms of Use.

19.10 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 these Terms of Use must be filed within one (1) year after the claim or cause of action arose or be forever barred.

19.11 Titles. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

19.12 Geographic Restrictions. The owner of Our Platform is based in the State of Indiana in the United States. We provide Our Platform for use only by persons located in the United States. We make no claims that Our Platform or any of its content is accessible or appropriate outside of the United States. Access to Our Platform may not be legal by certain persons or in certain countries. If you access Our Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Disclosures; Violations

Our Platform offered under these Terms of Use are offered by AfterSchool HQ LLC., AfterSchool HQ LLC, 12175 Visionary Way Suite 710, Fishers, IN 46038. Please report any violations of these Terms of Use by sending a notice of the violation to AfterSchool HQ by postal mail or email, as follows:

Postal Address:

AfterSchool HQ LLC,
12175 Visionary Way Suite 710,
Fishers, IN 46038

Email: support@afterschoolhq.com

All other feedback, comments, requests for technical support, and other communications relating to Our Platform should be directed to: support@afterschoolhq.com