Activity Jungle Terms of Use

Terms of Use Agreement

General

This page states the terms and conditions that constitute the legal agreement under which you may use this

website (the “Site”), which is owned and operated by Activity Jungle Inc. PLEASE READ THIS PAGE CAREFULLY,

BECAUSE IT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES WITH RESPECT TO YOUR USE OF THE SITE. IF YOU DO

NOT ACCEPT THIS TERMS OF USE AGREEMENT, DO NOT USE THIS SITE OR SUBMIT ANY INFORMATION THROUGH

THE SITE. By using the Site in any manner (which includes, but is not limited to, merely accessing the Site

(including in an automated manner) and/or reading its content, as well as interacting with it, whether as a

registered user of the Site and/or of any service offered through the Site or otherwise), you acknowledge and

agree that you have read, will abide by, and agree to be bound by these terms of use, by any additional terms that

may govern certain products, services and/or information available through the Site which may be presented to

you in conjunction therewith (the “Additional Terms”), and by the terms of the following additional policies and

agreements, all of which are incorporated herein by this reference (collectively, the “Agreement”):

As used in this agreement, the words “you” and “your” refer to each user of the Site (and any company or other

entity a user may represent), including, without limitation, consumers that create a Profile or register for an

Account (“Members”) and Activity Providers (as defined below), and the words “we”, “us”, “our” and any other

variation thereof refer to Activity Jungle. This Agreement will remain in full force and effect as long as you are a

user of the Site and your obligations hereunder and any disclaimers and limitations set forth herein (including,

without limitation, those relating to indemnification, warranties and limitations of liability) shall survive any

cessation of such use and/or any cessation of your use of any product, service, information and/or feature

available on this Site.

 

By using this Site, you represent and warrant that you have the right, authority and capacity to enter into and

abide by this Agreement. This Site is intended solely for users who are 18 year of age or older. Any registration by,

use of or access to the Site by anyone under 18 is unauthorized and constitutes a violation of the Agreement.

Please note that we have no involvement with or control over the activities that are described on the Site. The Site

merely offers a simple way for consumers to find, learn about and, in some cases, register for enrichment activities

provided by third parties (each, an “Activity Provider”), and for Activity Providers to promote their activities to the

parents and guardians of potential registrants.

 

Conflict Between Terms

In the event of a conflict between these Terms of Use, those of any Additional Terms, and/or those of the

additional policies and agreements identified above, the following order of precedence will govern: first, the

Additional Terms; second, the policies and agreements specified above not included within the definition of

“Additional Terms”; third, these Terms of Use. In the event of a conflict between the content in any frequently

asked questions or ‘FAQ section of this Site and this Agreement, the latter will govern.

 

Site Content

The content of this Site, such as all software, designs, text, activity schedules and provider information, graphics,

logos, artwork, images, photographs, audio clips, video clips, digital downloads, documents, button icons, and

other content, information and/or materials displayed on or otherwise accessible from or on the Site, including the

selection and arrangements thereof (collectively, “Site Content”), is the exclusive property of Activity Jungle and/or

its subsidiaries, affiliates, assigns, licensors, advertisers, promotional partners, Activity Providers and sponsors.

Nothing in this Agreement will be interpreted to convey any rights, title or interest in or to any Site Content. The

Site and the Site Content are provided to you as a convenience and for your information only. Activity Jungle does

not represent or warrant that: (a) the Site Content is accurate, complete, or up-to-date or that it will be updated,

(b) the Site Content is free of technical inaccuracies or typographical errors, (b) the Site Content is free from

changes caused by third parties, or (d) access to the Site and/or the Site Content will be free from interruptions,

errors, computer viruses or other harmful components. It is your sole responsibility to evaluate the accuracy,

completeness, and usefulness of any Site Content. Under no circumstances will Activity Jungle be liable for any

damage of any kind arising out of or relating to your use, download, reproduction, distribution and/or reliance on

any Site Content.

 

You are hereby granted permission to access the Site Content from the Site in whole or in part, solely (a) with

respect to Activity Providers, in order to update your profile, upload schedules and activities or otherwise manage

your subscription, and (b) for all other users, for your personal, non-commercial use of viewing and browsing

through the Site, registering for activities and/or ordering products or services from the Site. This permission

terminates automatically if you breach any of the terms of this Agreement. If pursuant to an express authorization

from Activity Jungle you download or copy Site Content from the Site, the Site Content, including all code, files,

images, contained in or generated by the Site Content, and accompanying data, are deemed to be licensed to you

by Activity Jungle. Neither title nor intellectual property rights are transferred to you. You may not resell,

decompile, reverse engineer, disassemble, or otherwise convert any Site Content comprised of software to a

perceivable form. Activity Jungle does not grant you any permission to use the Site Content other than the

permission expressly stated in this Agreement. All other use of Site Content (in whole or in part), including, but

not limited to, uploading, downloading, displaying, publishing, performing, broadcasting, transmitting,

retransmitting, modifying, creating derivative works from, reproducing (whether by linking, framing, or any other

method), or otherwise exploiting Site Content, are strictly prohibited without Activity Jungle’s prior express written

consent.

 

Access to the Site Content may not be lawful by certain persons or in certain countries. You also acknowledge and

agree that downloading of any object code or software by website users in restricted countries is prohibited. If

you access the Site, you do so at your own risk and are responsible for compliance with all local, state, federal,

national and international laws, rules, regulations, ordinances, judgments, decrees and treaties (collectively,

“Laws”) applicable to the jurisdiction from which you access the Site.

 

Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall

cause each other party under your control not to use or attempt to use, any engine, software, tool, agent, or other

device or mechanism (including, without limitation, browsers, spiders, avatars, or intelligent agents) to navigate or

search the Site other than (a) the search engine and search agents available from the Site, if any, and (b) generally

available third-party web browsers.

 

Collection of Information

To access and/or use certain services, products, information and/or features available on the Site (collectively,

“Site Features”) and/or to participate in various other activities on the Site, you may be asked to and/or may

otherwise choose to provide certain information. Our collection, handling and use of all information submitted by

you on or through the Site (including through any “contact us” forms) will be pursuant to our Privacy Policy.

 

Social Media Features

You acknowledge and agree that your use any of the third party social networking features that are integrated into

the Site, including, without limitation, by clicking “like” for Facebook and Instagram purposes, and/or clicking

“follow” for Twitter purposes, subjects you to the terms, conditions and privacy practices and policies of such third

parties, and that the results of such use are determined by such third parties, which results may include

publication of information regarding your use of the Site on the websites and mobile applications of such third

parties. You further acknowledge and agree that by using any of the Site’s internal social networking features,

including, without limitation, by clicking “share” to share any information relating to your use of the Site, such

information will be disclosed to third parties selected by you and in some cases published on the Site for anyone to

see.

 

User Content and Submissions

Any content you provide to us or the Site other than ‘personally identifiable information’ (as defined in our Privacy

Policy), whether by posting, uploading, email or any other method (collectively “Submitting”), including, but not

limited to, photos, messages, graphics, notes, text, information, audio, video, ratings, reviews, feedback, data,

answers, questions, comments, suggestions, plans, ideas, or the like (collectively “User Content”), will be deemed

to be non-confidential and non-proprietary and we shall have no obligation to protect such information from

disclosure absent a written agreement to the contrary signed by an authorized representative of Activity Jungle.

You acknowledge and agree that the Submission of such information will in no way prevent the purchase,

manufacture, use or implementation of the same or any similar products, services, plans, and ideas by Activity

Jungle, its affiliates, subsidiaries and related companies, and/or their respective owners, managers, officers,

directors, employees, representatives, agents, contractors, service providers, suppliers, Activity Providers,

marketing partners, and advertisers (collectively, “Related Parties”) for any purpose whatsoever. You further

acknowledge and agree that we are free to reproduce, transmit, display, publish, disclose, make derivative works

from, distribute, and otherwise use any and all User Content without restriction and without attribution,

compensation, royalties or other consideration to you. You hereby assign to Activity Jungle (without additional

consideration) all worldwide rights, title and interest, including copyrights and other intellectual property rights, in

and to all User Content on a joint basis with you.

 

By submitting User Content to any area of the Site open to other users or the general public, you acknowledge,

and agree that such User Content will be considered public information for purposes of the Privacy Policy and will

not be subject to the privacy protections generally afforded your personally identifiable information.

You may not Submit User Content on the Site that is not accurate and truthful or that you did not create (unless

you have express permission from the proper third party to Submit it). Without limiting the generality of the

foregoing, you may not Submit a review, rating or feedback with respect to an activity or Activity Provider unless

you, your child or someone that was involved with your child’s participation in an activity (e.g. by taking/picking up

your child to/from the activity) has had direct experience with such activity or Activity Provider. You assume all

risks associated with any use of User Content, including any reliance on its accuracy, completeness or usefulness

by others, or any disclosure by you of information in User Content that makes you personally identifiable. We

reserve the right to contact you or disclose your identity for any User Content posted that in our sole discretion

violates this Agreement or any Law.

 

Trademarks and Service Marks

There are a number of proprietary trademarks, service marks, logos, slogans, and product designations found on

this Site. By making them available on this Site, Activity Jungle is not granting you by implication, estoppel, or

otherwise, a license to use them in any fashion. Access to this Site does not confer upon you any license under any

of Activity R Jungle’s or any third party’s intellectual property rights, whether by implication, estoppel, or

otherwise. No Activity Jungle trademark, service mark, or logo may be used as a hyperlink without Activity Jungle’s

prior written permission. All product or service names and other marks not owned by Activity Jungle (including

those of Activity Providers) are the property of their respective owners. Requests to use any such third party

owned names or marks should be directed to the relevant third party owner thereof.

Accounts, Passwords and Use of the Site

 

To use and access all available Site Features and/or to obtain additional products, information or services from

Activity Jungle or our Related Parties, you may be required to complete a registration process, which may include

entering one or more of the following: your name; your address; a username; a telephone number; a password;

and/or other profile information (as the case may be, a “profile accpo”). You acknowledge and agree that you are

responsible for maintaining the confidentiality and security of your username, password and identification, and are

fully responsible for all uses of your username, password, registration, account and/or Profile (collectively, your

“profile account”) and for any activity that occurs under your Account, whether or not authorized by you,

including, without limitation, any fees associated with such use (including use of third party services accessed

through the Site). You agree to: (a) provide accurate, current and complete information about you as may be

prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the

Registration Data and any other information you provide to Activity Jungle to keep the same accurate, current and

complete; and (c) notify us immediately of any unauthorized use of your Account, or if you believe your password

has been lost or stolen or any other breach of security. If you are an Activity Provider, you represent and warrant

that all information you upload to the Site, including, without limitation, general information about your company,

information regarding activities, and activity schedule information, is true, complete and accurate; that you have

all requisite permissions for photos/videos; that your Use of the Site does not infringe upon any intellectual

property rights of third parties; and that you will update such information as needed to keep it true, complete and

accurate.

 

By creating an Account, Submitting User Content (including your email) registering for an activity, purchasing

and/or requesting more information regarding an activity, an Activity Provider or Activity Jungle, you agree that we

may send you certain communications and share such information with relevant Activity Providers. By accessing,

using and/or registering for the Site and/or any Site Feature (irrespective of whether you are a registered user),

you acknowledge, and agree that you are automatically subject to the rules of conduct set forth below. You

further agree that we reserve the right, in our sole discretion and without prior notice, to suspend, modify or

terminate your access to the Site and/or any registration, subscription and/or Account you may have created on

the Site at any time, which, for Activity Providers, includes all aspects of your subscription, such as the ability for

users to see your profile and/or register for your activities.

 

You acknowledge, and agree that you are prohibited from using the Site for any of the following purposes, in

addition to the conduct requirements listed in the Prohibited Conduct section of this Agreement:

 

1. Creating and/or using an Account for any reason other than to use Site Features as they are intended to be

used.

2. Sending a message to a user for any reason other than as contemplated by a specific Site Feature.

3. Deleting or revising any User Content submitted by any other person or entity.

4. Forging any TCP/IP packet header or any part of the header information in any email, posting or other

Submission for any reason.

 

Site Features that are only available to Activity Jungle Members or Activity Providers that have signed up for a

membership (“members”) are to be accessed and/or used only by Activity Jungle Members or activity provider

members (“Restricted Features”). All Activity Jungle Members ( parents and activity providers) should have only

one unique username with one unique password. Sharing a password or other Account information with any non-

registered user for purposes of allowing a non-registered user to access or use Restricted Features will be deemed

a breach of this Agreement for which we may terminate your Account immediately without notice (in addition to

any other remedies available hereunder, at Law and/or in equity). Violations of the Site’s system or network

security may result in civil or criminal liability. We will investigate possible violations of system or network security

and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement

authorities in investigating and/or prosecuting users who are involved in such violations. If you desire to cancel

your Account, you must notify us via email at hello@activityjungle.org

 

Prohibited Conduct

The Site may not be used in any manner that is unlawful or harmful to our rights and/or the rights of any third

party (including Related Parties), or that is in violation of this Agreement. You many not attempt to: (a) alter, or

destroy data on, from or through the Site or retrieve any data on, from or through the Site other than that which is

made directly available to you on the Site; (b) probe, scan or test the vulnerability of a system or network on, from

or through the Site; (c) breach or defeat system or network security measures on, from or through the Site such as

authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the

Site or our business, operations or services, or those of any third party (including Related Parties); (e) interfere

with or disrupt any computer, host, network, or telecommunications device we maintain or which is maintained by

any third party (including Related Parties); (f) interfere with or disrupt the legitimate use of the Site by any person,

including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,”

“mailbombing,” or “crashing” the Site or thnot necessarily represent the views of Activity Jungle. The mere fact

that an Activity Provider has a Profile on the Site and/or the fact that Activity Jungle may offer information about

and/or the ability to register for the activities of any Activity Provider on the Site do not constitute Activity Jungle’s

endorsement of such Activity Provider.

 

Links and Advertisements

The Site may contain links or pointers to other websites maintained by third parties (including Activity Providers),

banner and general advertising, and other content provided by advertisers and other third parties (collectively,

“Third Party Content”). You acknowledge and agree that the inclusion of Third Party Content on the Site does not,

absent an express statement to the contrary elsewhere in the Agreement, indicate (a) an endorsement by Activity

Jungle of (i) any Third Party Content provider or the business practices (including the privacy policies) thereof, (ii)

the goods, services, activities or information provided by any Third Party Content provider, and/or (iii) the

advertising, information and/or messages conveyed in any Third Party Content, or (b) any other authorization,

sponsorship, affiliation, joint venture or partnership by, with or between any Third Party Content Provider and

Activity Jungle and/or any Related Parties. You may from time to time enter into correspondence with Third Party

Content providers or otherwise participate in the Third Party Content offered through the Site. However, all such

correspondence and participation, including, without limitation, any resulting contractual agreements and activity

registrations and use, are solely between you and the provider. You further agree that we are not responsible for

upholding any applicable terms, conditions, policies (including privacy policies), representations or warranties

made by Third Party Content providers or the purchase of goods, services and/or activities offered by Third Party

Content providers. Activity Jungle reserves the right to terminate a link to a third party website at any time and

remove any other Third Party Content at any time. Linked and/or advertised third party websites (including those

of Activity Providers) are not under our control and Activity Jungle is not responsible for their availability, content,

advertising, activities (including rele server of any user; (g) transmit, distribute, disseminate, publish or store any

information that is in violation of any applicable Laws or is defamatory, abusive, obscene, indecent, or harassing,

or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (h)

violate the privacy rights of any party under applicable Law; (i) use any technology that is or reasonably should be

known to contain software viruses, Trojan horses, or any computer code, files, or programs designed to disrupt,

destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data,

software, computing or network devices, or telecommunications equipment, or those of any authorized user or of

any third party (including Related Parties); (j) use the Site to send, relay, forward, bounce, reply, or otherwise route

commercial or non-commercial unsolicited electronic messages (such as “spam”) or commercial electronic

messages even if previously solicited by the intended recipient; (k) copy (whether directly or by use of any scraping

or similar techniques) any Site Content; (l) bypass the Site’s homepage via deep-linking or any other means, or

frame the Site, or any Site Content without the express written permission of Activity Junglecccc; (m) falsify

identification or impersonate any person or entity, including, but not limited to, an Activity Jungle representative

and/or a chat room or public forum leader, host, or guide.

 

Compliance with Laws

You represent and warrant that your use of the Site will comply with any and all applicable Laws and that you will

not restrict or inhibit any other user from using and enjoying the Site.

 

No Endorsement of User Content

Activity Jungle does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments,

opinions, or statements of third parties or any other User Content displayed on or transmitted via the Site. Any

such information or material Submitted to the Site are the views and responsibility of those who submit it, and do

relating to privacy and data security), products and/or materials, including any further links in a third party site.

It is up to you to take precautions to ensure that any third party website you navigate to using any Third Party

Content on the Site is free of computer viruses, worms, Trojan horses and other items of a destructive nature. You

agree that neither Activity Jungle nor any Related Parties will, under any circumstances, be responsible or liable,

directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or

reliance on any Third Party Content and/or any products, services, information, content, advertising, or business

practices of any Third Party Content provider and/or any linked third-party sites. If you decide to access and use

linked third-party websites, you understand, acknowledge, and agree that you do so at your own risk. Any

concerns with any Third Party Content and/or any third party products, services, information or websites should be

directed to the provider thereof. Any website linking to the Site (a) may link to, but not replicate, the Site Content;

(b) should not create a browser, border environment or frame the Site Content; (c) must not imply that we or any

of our Related Parties are endorsing it or its products; (d) must not misrepresent its relationship with us; (e) must

not present false information about our products or services; and (f) must not contain content that could be

construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age

groups.

 

Activity Provider Terms

All activity providers in California have the opportunity to apply for a 90-Day Free Trial. Activity Providers have to

enter their name, email, company name and description of company, address, age, gender, bank information and

activities information to create a profile. Once they have completed their profile, Activity Jungle has 2-3 business

days to review activity provider’s application and help them throughout the process such as editing information

about their profile and activities, and compiling photos. If the activity provider does not cooperate and or does not

provide a high quality service to children, Activity Jungle has the right to decline the activity provider’s application

and the activity provider cannot advertise their services through Activity Jungle. If Activity Jungle approves the

activity provider’s application, they will have access to the following benefits:

 

What does the 90-Day Free Trial include?

● Searchable listing: Display your activities and services on our online marketplace, with features and tools

to help you gain clients and grow your business.

● Increased online presence: In our online marketplace, combined with other social media platforms, your

business will be visible to prospective clients.

● Streamline payment process: parents will be able to sign up to your activities by paying online through

our automated system.

● Customer support: Work one-on-one with our customer support to walk you through each step of the

process, and ensure a successful launch of your business on our site.

● FREE public promotion: We market your brand at our promotional events in the community, and through

our social networks.

● Update profile settings: Self-manage your profile and have control over when you need to change

content (activities, pricing, contact, etc.).

● Display 8 listings ($5 dollars monthly per extra listing). What is a listing? A listing is classified as an activity,

which can be offered any day of the week, multiple times with the price that you select.

● Display 4 photos per listing

● Want to be featured at the top? Pay only $7 dollars a month per listing.

Benefits are published on the Site. All prices and benefits are subject to change at any time and from time to time

in our sole discretion.

 

After the 90-Day Free trial, activity providers will have to pay us a membership price stated on the Site (the

“membership fee”) which membership fee we will collect by charging your credit card. The membership fee stated

on the Site (subject to any special promotions or discounts that may be available) is a monthly fee that will be

charged to your credit card automatically each month. However, all Memberships are a 6-month membership that

automatically renew each 6 months unless you provide Activity Jungle notice of your desire not to renew your

membership at least thirty (30) days prior to the next renewal date. You may not terminate a paid membership

prior to the end of the then current membership term. You agree to pay all charges set forth above without

dispute as long as you participate on the Site irrespective of any claims or disputes you may have with any end user

that registers for one or more of your activities. If you decided not to commit to a membership after the 90-Day

Free trial, you have the option to discontinue our services, at which point your profile and activities will no longer

be visible and searchable, and your account will be deleted within 7 days after the end of your 90-Day Free trial.

Each time an activity registration is completed on the site:

 

(a) Activity Jungle will charge parents the appropriate registration fee that you determined in the activity’s profile

(the “registration fee”) and then remit the registration fees to you via electronic transfer to an account designated

by you or via check within fourteen (14) business days of our receipt (less refunds, credits and chargebacks). After

parents register and pay for the activity, Activity Jungle will send an automated email to you with the parent’s and

child’s contact information and the registered activity. In the confirmation email, parents will receive a

voucher/pass that has the amount of purchased classes for them to redeem whenever you have specify it in the

activity description. As an activity provider, you will have to keep track of the voucher and the pass for every child.

Activity Jungle is not liable for any lost voucher/pass.

c) We will charge your credit card or deduct from the Registration Fee (in our discretion) a $4.00 service fee (the

“Service Fee”) every 14 days that we have to deposit into your account. The Service Fee is in addition to all

applicable PPC Fees, Commissions, and membership Fees;

d) As an activity provider on Activity Jungle, you agree that all transactions with your Activity Jungle students will

be processed through us. At no point should you accept money such as cash, checks and or online payments

directly from your Activity Jungle students. Failure to comply with this guideline will result in your immediate

removal from our site.

 

Parent/Family Member Terms

If you are a parent and or family member, you agree to pay for all goods, services and activities (including, without

limitation, registration fees) purchased via the Site the amounts stated on the Site and authorize Activity Jungle to

debit your bank or other account and/or charge your credit card (depending on payment methods we may make

available from time to time and, if multiple options are available, your selected payment method) for all such

amounts. After you have paid for the selected activity, you will receive an automated email from Activity Jungle

specifying the name of activity, date, time, instructor’s information, as well as a voucher/pass with the amount of

purchased classes for you to redeem whenever the activity provider has specify it in the activity description.

Activity provides must keep track of the voucher, however Activity Jungle recommends that you keep track of the

classes as well. Activity Jungle hereby reserves the right to correct any errors or inaccuracies in the descriptions of

any Activity Provider, activity and/or listed price regardless of whether Activity Jungle discovers the error or

inaccuracy before or after you purchase or register for the good, service or activity. All sales and transactions are

final and no refunds or credits will be provided by Activity Jungle. You must contact the relevant Activity Provider

to determine its refund/cancellation policy and to request/obtain any refund and/or to terminate any activity

registration. Activity Providers reserve the right at all times and from time to time to modify, suspend or terminate

any activity (including the duration, content and/or schedule therefor) due to lack of enrollment or participation or

for any other reason in their sole and absolute discretion. You also acknowledge that by clicking on either a

registration hyperlink (i.e. a button or other hyperlink leading you to an activity registration page on the Site) or a

hyperlink that results in you navigating from our Site to a website owned or operated by or on behalf of an Activity

Provider, your name and email address will be provided to the relevant Activity Provider for your convenience so

that the Activity Provider may contact you to further discuss your interest in their activities.

 

Third Party Beneficiary Rights

Some of the provisions within this document are for the benefit of Related Parties. The Related Parties (whether

individuals or entities) shall have the right to assert and enforce those provisions directly against you on their own

behalf.

 

Disclaimers

SITE CONTENT AND SITE FEATURES (INCLUDING THOSE PROVIDED BY THIRD PARTIES) ARE PROVIDED BY ACTIVITY

JUNGLE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (OTHER THAN THOSE

THAT MAY BE AVAILABLE TO YOU DIRECTLY FROM THIRD PARTY PROVIDERS AS AN END USER OF SUCH THIRD

PARTIES PURSUANT TO THE RELEVANT THIRD PARTY’S TERMS AND CONDITIONS OF SERVICE). TO THE FULLEST

EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACTIVITY JUNGLE MAKES NO

WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF SITE CONTENT,

SITE FEATURES, AND/OR ANY OF THE ACTIVITIES DESCRIBED ON THE SITE, OR THAT THE SITE, SITE FEATURES,

AND/OR THE SITE’S SERVER AND SOFTWARE WILL BE ERROR-FREE, AVAILABLE FOR UNINTERRUPTED USE, OR FREE

OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER

ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVITY JUNGLE THROUGH THE SITE SHALL CREATE ANY

WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY SITE FEATURES, YOUR SOLE AND EXCLUSIVE

REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE SITE FEATURES. YOUR USE OF THE SITE AND ANY SITE

FEATURES IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SITE

FEATURES AND/OR ANY SITE CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIRING AND/OR REPLACING

EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ACTIVITY JUNGLE NOR ANY RELATED

PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES, SO SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT (A) THE ACTIVITY PROVIDERS ARE THIRD PARTIES WHO ARE NOT UNDER

OUR CONTROL, AND (B) WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ACTIVITY PROVIDERS OR FOR ANY CLAIMS

OR DISPUTES YOU MAY HAVE WITH ANY ACTIVITY PROVIDER REGARDING THE QUALITY, ACCURACY,

COMPLETENESS, COMPETENCY, EFFECTIVENESS AND/OR TIMELINESS OF ANY ACTIVITY AND/OR ANY INSTRUCTOR,

COACH, GUIDE OR OTHER PERSONNEL THAT RUNS ANY ACTIVITY ON BEHALF OF AN ACTIVITY PROVIDER, (D) WE

MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY ACTIVITY PROVIDER AND/OR ANY

ACTIVITY, INCLUDING, WITHOUT LIMITATION, THE LICENSURE STATUS AND/OR OTHER QUALIFICATIONS THEREOF,

(E) ALL CLAIMS, DISPUTES, PROBLEMS, ISSUES AND/OR COMPLAINTS REGARDING ANY ACTIVITY PROVIDER

AND/OR ANY ACTIVITY MUST BE ADDRESSED DIRECTLY WITH THE RELEVANT ACTIVITY PROVIDER, PROVIDED,

HOWEVER, THAT WE RESERVE THE RIGHT (BUT ARE NOT OBLIGATED) TO DEFINITIVELY RESOLVE ANY OF THE

SAME, WHICH RESOLUTION YOU AGREE TO BE BOUND BY, AND (F) IT IS YOUR SOLE RESPONSIBILITY TO

DETERMINE THE ACCEPTABILITY, QUALIFICATIONS AND SUITABILITY OF ANY ACTIVITY PROVIDER AND/OR THEIR

PERSONNEL TO MEET YOUR NEEDS.

 

Indemnity; Limitation of Liability

You agree to indemnify, defend and hold Activity Jungle and its Related Parties harmless from and against all

losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of, resulting from or relating

to (a) your use or misuse of the Site, any Site Features, any Third Party Content, and/or any User Content you

Submit, (b) your violation of applicable Law, (c) (i) for Activity Providers, any registration for or participation in any

activity offered by you by any person (whether or not the registration was booked through the Site), and/or your

acts or omissions in connection with any interaction with and/or conduct towards any parent member or other

user of the Site and/or any participant in any of your activities, and (ii) for other users of the Site, your (and/or

your children’s) acts or omissions in connection with any interaction with and/or conduct towards any Activity

Provider, and/or (d) your violation of this Agreement (including, without limitation, the failure of any

representation or warranty to be or remain true). ACTIVITY JUNGLE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY

LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR FAILURE TO COMPLY WITH THIS AGREEMENT. You agree

that neither Activity Jungle nor any of its Related Parties will have any liability or responsibility to you for any loss

or damage under any theory of liability or indemnity arising from or relating to your failure to comply with this

Agreement and/or in connection with your use of the Site and/or any Site Features. You hereby release and

forever waive any and all claims you may have against Activity Jungle and its Related Parties for losses or damages

you sustain in connection with your use of the Site and/or any Site Features. WITHOUT LIMITING THE GENERALITY

OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ACTIVITY JUNGLE OR ANY OF ITS RELATED PARTIES BE

LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OR ANY OTHER DIRECT, INDIRECT, SPECIAL,

INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST DATA OR PROFITS, RESULTING FROM ACCESS TO, USE

OF OR INABILITY TO USE THE SITE AND/OR ANY SITE FEATURE, ARISING OUT OF OR RELATING TO ANY PERSON’S

REGISTRATION AND/OR PARTICIPATION IN OR MANAGEMENT OR CONDUCT OF ANY ACTIVITY (WHETHER OR NOT

BOOKED THROUGH THE SITE AND WHETHER AS A PROVIDER OR CONSUMER), OR DUE TO ANY BREACH OF

SECURITY ASSOCIATED WITH TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF ONE OR MORE OF

ACTIVITY JUNGLE AND ANY RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. WE

ALSO EXPRESSLY DISCLAIM ALL LIABILITY RESULTING FROM EVENTS BEYOND OUR CONTROL, INCLUDING, BUT NOT

LIMITED TO, ACTS OF GOD, FIRE, SHORTAGE OF LABOR OR MATERIALS, INCLEMENT WEATHER, INSURRECTION,

TERRORISM, AND ACTS OF GOVERNMENT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE

CONTRARY, IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU IN CONNECTION WITH OR ARISING OUT OF

YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO ACTIVITY JUNGLE IN THE PREVIOUS MONTH

DIRECTLY FOR USE OF THE SITE, IF ANY. Some jurisdictions do not allow the exclusion or limitation of liability for

consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted

by law. We reserve the right to take exclusive control and defense of any claim subject to indemnification by you,

in which event you will cooperate fully with us in asserting any available defenses.

 

Modification or Discontinuance of the Site

At any time and from time to time, without notice to you, and for any or no reason in our sole and absolute

discretion, Activity Jungle may modify, suspend or discontinue, in whole or in part and on a temporary or

permanent basis (and for one, some or all users), any or all aspects of the Site, including, without limitation, any

Site Features. You understand, acknowledge, and agree that Activity Jungle will not be liable to you or any third

party in connection with or as a result of any such modifications, suspensions or discontinuances. We also may

terminate your Account or Membership in the event of any breach of or other failure to comply with this

Agreement. All of our rights described in this paragraph are cumulative and not exclusive and will be in addition to

all other rights and remedies available under this Agreement, at law or in equity.

 

Governing Law and Venue

This Agreement is deemed entered into in the State of California and is governed by and will be construed in

accordance with the internal laws of the State of California, without regard to the conflict of laws principles of such

jurisdiction. All proceedings, disputes, claims or controversies arising out of or relating to the Site and/or this

Agreement (collectively, “Disputes”) shall be pursued, prosecuted and conducted on an individual (and not a class-

wide) basis only and not in a class, consolidated or representative action. In addition, no Dispute between Activity

Jungle and another person or entity may be consolidated with any other Dispute between Activity Jungle and any

other person or entity. All Disputes shall be brought and heard exclusively (a) for those brought by you, in the

state or Federal (if a basis for Federal jurisdiction exists) courts located in or nearest to Sacramento, California and

(b) for those brought by us or any of our Related Parties in the state or Federal (if a basis for Federal jurisdiction

exists) courts located in or nearest to Sacramento, California or in any court located in a jurisdiction in which you

reside, maintain an office, are organized or incorporated, and/or from where you accessed the Site. You hereby

irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such

courts represent an inconvenient or otherwise inappropriate venue or forum. Activity Jungle controls and

operates the Site from our offices in Bethesda, Maryland. Activity Jungle does not represent or warrant that the

Site, any Site Features and/or any Site Content is appropriate or available for use in other locations. Persons who

choose to access the Site from other locations do so on their own initiative, and are responsible for compliance

with local Laws, if and to the extent applicable.

 

Miscellaneous

Activity Jungle’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be

construed as a waiver of any provision or right. Neither the course of conduct between us and you nor trade

practice shall act to modify any provision of this Agreement. Activity Jungle may assign its rights and duties under

this Agreement to any party at any time without notice to you. You agree that regardless of any statute or Law to

the contrary, any claim or cause of action by you arising out of or related to the Site and/or this Agreement must

be filed by you in an appropriate court of law within six (6) months after such claim or cause of action arose or it

will be forever barred. If any provision of this Agreement, or the application thereof to any person or

circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction,

(a) such provision will be deemed amended to the least extent possible to render it valid and enforceable in a

manner that preserves the original intent of the provision as much as possible, and (b) the invalidity or

unenforceability of such provision shall not affect the validity and application of the remaining provisions of this

Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement or the breach

thereof will be effective unless in a writing signed by the party to be charged with such waiver. No waiver of any

term of this Agreement or the breach thereof will be deemed a further or continuing waiver of such term or any

other term or the breach thereof. This Agreement constitutes the complete and entire agreement between you

and us with respect to the subject matter hereof, and supersedes all prior agreements and understandings,

written, electronic or oral, in relation thereto, unless expressly agreed otherwise in a written agreement signed by

authorized representatives of both you and us. The section titles in this Agreement are for your convenience only

and do not have any legal or contractual effect.

 

Modifications and Amendments

This Agreement may not be modified or amended by you under any circumstances. We may amend or modify this

Agreement (in whole or in part) at any time and from time in our sole discretion without prior notice to you by

updating this page and/or posting such amendments or modifications and/or a revised version of this Agreement

on the Site. You agree that you shall not be entitled to any notice of such modifications, amendments or revised

versions (collectively “Amendments”) and waive any rights to the same. Such Amendments shall be effective and

binding on you as a user of this Site immediately upon posting. Your use of this Site after such posting shall be

deemed acceptance of the posted Amendments. Therefore, we urge you to review this Agreement frequently.

Notwithstanding the foregoing, however, we may, in our sole discretion, effect an Amendment by direct notice to

you, in which case the Amendment will be effective upon such notice.

 

Ownership

Except as set forth in the third sentence below, Activity Jungle exclusively retains all intellectual property rights

(including patents, trademarks, copyrights, and trade secrets) and moral rights (including, rights of attribution and

authorship) throughout the world in and to all Site Content and all derivative works and improvements based

thereon (as each of those terms or their equivalents is defined and applied under any applicable Law). The Site and

the Site Content are protected by United States and worldwide intellectual property and other Laws, including,

without limitation, those relating to copyrights, trademarks, privacy and publicity, and the regulation of

communications, and any unauthorized copying, displaying, or other use of any of the Site Content may violate

one or more of these Laws. Some Site Content on the Site is provided or reproduced with permission from third

party sources, and that Site Content is the property of those third party sources. You may not reprint, republish,

resell or redistribute these materials in any form or manner without our express written consent or the express

written consent of the applicable rights holder. If you violate these restrictions, you may be subject to civil and

criminal penalties.

 

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed

via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by

sending written notice by U.S. Mail to 3807 H Street, Sacramento, CA or by e-mail to hello@activityjungle.org .

Please include the following information in your written notice: (1) a detailed description of the copyrighted work

that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3)

your contact information, including your address, telephone number, and, if available, e-mail address; (4) a

statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by

the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that

the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and

(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to

assert infringement of copyright and to submit the statement. Please note that the contact information provided

in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided

elsewhere in this Agreement or on the Site.

 

Questions and Comments

If you have any questions relating to this Agreement, the Site, any Site Features, any Site Content, and/or Activity

Jungle, you may contact us by email at hello@activityjungle.org

 

This Agreement was last updated on January 29, 2016 and became effective on such date

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