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Terms of Service

(Activity Seekers)

Last Updated: April 25, 2015

These Terms of Service (“Terms”) govern your access to and use of the www.inplay.org website and if and when offered, an application for mobile devices (collectively, the “Site”), which are operated by us, the UnaMesa Association, d/b/a InPlay (“InPlay”). Your access to and use of the Site and the services we provide is conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By accessing and/or using the Site, you agree to be bound by these Terms, which constitute a binding legal agreement between us.

Our Service

Our Site allows you to find, research, plan and if and when offered, enroll in summer camps and other supervised out-of-school programs for children and youth (the “Service”) and enables you, an individual seeking summer camp, out-of-school activities, and child care services, to connect with individuals or companies providing summer camps and other supervised programs and services for children and youth (“Activity Providers”).

The Service may change from time to time, possibly without prior notice to you and we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. The Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for us granting you access to and use of the Service, you agree that we and our third party providers and partners may place such advertising on the Service or in connection with the display of content or information from the Service whether submitted by you or others.

The Site and Services are intended for persons who are 18 or older, or youth who are closely supervised by an adult. Any access to or use of the Site or Services by an unsupervised minor under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older, or under the supervision of an adult.

Creating an Account

In order to make a reservation, enroll and/or pay for services with an Activity Provider, you will need to register and create an account (“Account”). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and establish a username and a password. You agree to provide accurate, current and complete information about your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for the activities that occur under your Account.

Privacy Policy

Any personal information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your personal information. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Account, which you cannot opt out from receiving.

Information on Camp Providers

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

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

Registration Information and Enrollment

Through the Service, you may choose to contact the Activity Provider with questions or enroll in the services offered by Activity Providers. In order to contact the Activity Provider or enroll in these services, you will be required to provide certain personal information about yourself and your child(ren) (“Registration Information”). You agree to provide accurate, current and complete Registration Information and it is your responsibility to keep your Registration Information up to date and accurate. You will determine and select the Activity Providers with whom you wish to share your Registration Information. We will not share your Registration Information with any Activity Provider without your prior authorization.

All reservations, enrollment and registration requirements are subject to the terms and conditions established by the Activity Provider. In the event that you enroll in the services of an Activity Provider such agreement is solely between you and the Activity Provider; we are not a party to any such agreement. Any issues concerning the services received by you or payment due to the Activity Provider must be resolved directly by you and the Activity Provider.

Payments and Refunds

When you make a reservation and/or enroll with an Activity Provider through the Service, you are agreeing to be bound by and to pay for that transaction. Do not commit to a reservation or enroll with an Activity Provider unless you are ready to pay because all transactions are final. You are obligated to pay for the camp you reserve or enroll in. You authorize us to charge the full amount to your chosen payment provider for the transaction. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment.

No refunds or credits will be provided for any cancellation requests received after your account has been billed. You agree to provide us with current, complete, and accurate billing and payment information. If we do not receive payment from your payment provider, your reservation and/or enrollment will not be valid and you may not be able to re-enroll. We may also temporarily suspend or terminate your access to Service for nonpayment.

User Conduct

You are responsible for any content, information, messages, images, videos, reviews or profiles (collectively, “Content”) that you post, upload or submit through the Service, including its legality, reliability, and appropriateness. You represent and warrant that: (i) the Content you post is yours (and you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service will not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree to not use our Site to:

  • post or transmit to other users, any Content that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  • harm minors in any way.
  • Impersonate or provide inaccurate, misleading or false information to us or to any other user of the Service.

You acknowledge that we have no obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.

By submitting, posting or displaying any Content through 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. 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. You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of Content may continue to exist on the Service and/or elsewhere. We have no responsibility or liability for the removal or deletion of, or the failure to remove or delete any Content on the Service.

Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent, who can be reached at info@inplay.org, with the following information in writing (see 17 U.S.C 512(c)(3)) for further detail): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Unauthorized Activities

The Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Disclaimers

Your use of the Service is at your own risk, including any risks associated with any online or offline interactions with other members of the Service. WE PROVIDE THE SERVICE SOLELY ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ANY CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM ANY LIABILITY FOR, AND MAKE NO WARRANTY WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY MEMBER OR THEIR SERVICES OR THEIR ABILITY TO PROVIDE SERVICES AS AN ACTIVITY PROVIDER OR TO SECURE THE SERVICES OF AN ACTIVITY PROVIDER.

Links to Third Party Sites

The Service may include links to other sites that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.

Termination

If you breach any of these Terms, we have the right to suspend, disable or terminate your access to or use of the Service, at its sole discretion and without prior notice to you. We will not be liable to you or any third party for termination of your access or use of the Service. Any suspension or termination will not affect your obligations to us under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Ownership

The Site and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (and our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Service or any Content. Any comments, suggestions, and feedback (“Feedback”) about the Site or the Service that you provide will be our property, to use however we choose and you assign us, all right, title and interest worldwide in such Feedback.

Indemnity

You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your user name and/or password (including without limitation your participation in the posting areas) violates any applicable law or regulation, or the rights of any third party.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, 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, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE; AND (v) 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.

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.

General

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

All communications between you and InPlay use electronic means, whether you visit the Site, use the Service or send InPlay emails, or whether InPlay posts notices on the Site or Service or communications with you via email. For contractual purposes, you (a) consent to receive communications from InPlay in an electronic form and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that InPlay provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any of your statutory rights.

Pursuant to California Civil Code Section 1789.3, any questions about price, complaints, or inquiries about InPlay must be addressed to our agent for notice and sent via certified mail to: Agent of InPlay, _____________________, San Mateo, California 9_____, or you can contact us at info@inplay.org.

Further, California users are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Dispute Resolution

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each of us retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (the AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If we are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

If we change this Dispute Resolution section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, or from the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between us in accordance with the provisions of this Dispute Resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Contacting Us

If you have any questions regarding these Terms you can contact us via email at info@inplay.org