AFTERSCHOOL CONNECTION TERMS AND CONDITIONS By using this site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. This Site is owned and operated by Justin Larke. This Site is a blog Site. The Terms and Conditions outlined in this document serve as a legal agreement between the User and www.afterschoolconnection.com. Welcome to www.afterschooolconnection.com. The www.afterschoolconnection.com website (the “Site”) is comprised of various web pages operated by AfterSchool Connection (“ASC”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such terms and conditions. Please read these terms carefully and keep a copy of them for your reference. Please note that www.afterschoolconnection.com is a blog site. This site provides a learning course and a business directory for vendors, schools, community centers, and local organizations. Electronic Communications Visiting www.afterschoolconnection.com or sending emails to ASC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your account If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ASC is not responsible for third party access to your account that results from theft or misappropriation of your account. ASC and its associates reserve the right to refuse, cancel service or terminate your account. Consumer Protection Law Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and the legislation, the mandatory provision of the legislation will apply. Children Under Thirteen ASC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.afterschoolconnection.com only with permission of a parent or guardian. Links to Third Party Sites/Third Party Services www.afterschoolconnection.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under control of ASC and ASC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or changes or updates to a Linked Site. ASC is providing the link(s) to you only as a convenience, and the inclusion of any link(s) does not imply endorsement by ASC of the site or any association with its operators. Certain services made available via www.afterschoolconnection.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.afterschoolconnection.com domain, you hereby acknowledge and consent that ASC may share such information and data with any third party with whom ASC has a contractual relationship with to provide the requested product, service or functionality on behalf of the www.afterschoolconnection.com users and customers. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.afterschoolconnection.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ASC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the ASC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ASC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ASC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ASC or our licensors except as expressly authorized by these Terms. International Users The Service is controlled, operated, and administered by ASC from our offices within the United States of America (USA). If you access the Service from a location outside of the USA, you are responsible for complying with all local laws. You agree that you will not use the ASC Content accessed through www.afterschoolconnection.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless ASC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ASC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ASC in asserting any available defenses. In addition, you agree to indemnify, defend, and hold harmless ASC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising from any student, school-site, community center, or organization listed in ASC’s Business Directory. ASC is not responsible for the conduct of any student, administrator, coordinator, or any other partner found on www.afterschoolconnection.com. You agree to partner with all people listed in our Business Directory at your own discretion. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arise out of concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonably attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDVIDIUAL CAPACTIY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ASC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AFTERSCHOOL CONNECTION (ASC) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ASC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURCAY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ASC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE, EVEN IF ASC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Earnings Disclaimer While ASC makes every effort to ensure that we accurately represent all the goods and services provided on this website and their potential for income, there is no guarantee that you will make any specific level of income and you accept the risk that the earnings and income will differ by individual. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchase, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation. There is no assurance that examples of past success and earnings can be duplicated in the future. ASC does not guarantee your future results and/or success. There are some unknown risks in business that we cannot foresee which could reduce the results of your experience. We are not responsible for your actions or any changes in the After School field including funding. The use of our information, products and services should be based on your own diligence and you agree that www.afterschoolconnection.com and the owners of the website are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, goods or services provided on this website. Refunds of Goods and Services AfterSchool Connection (ASC) provides the following Goods and Services: • Vendor Training/E-Learning Course • Business Directory. The following refund policy applies to the Vendor Training/E-Learning Course. The Vendor Training/E-Learning Course is a one-time payment sale. All sales are final and nonrefundable. Students will have access to the training course for a total of 6 (six) months. After 6 months, a student’s account will be deactivated. The following refund policy applies to Business Directory. Vendors wishing to list their services in the ASC directory will be charged Monthly or Annually at their discretion. All sales are final and nonrefundable. However, ASC recognizes that the Business Directory may not be a fit for every customer. Subscriptions can be cancelled at any time. Annual Subscriptions will adhere to the following Terms and Conditions: Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew annually without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) annually until you cancel. We will automatically charge you the then-current rate for your plan until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. Monthly Subscriptions will adhere to the following Terms and Conditions: Your subscription begins as soon as your order is processed. Your subscription will automatically renew each month without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, every month upon renewal until you cancel. We may change your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us with a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. Termination/Access Restriction ASC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ASC because of this Agreement or use of the Site. ASC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ASC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ASC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue to be in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ASC with respect to the Site and It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ASC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extend and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It Is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms ASC reserves the right, in its sole discretion, to change the Terms and Conditions under which www.afterschoolconnection.com is offered. The most current version of the Terms will supersede all previous versions. ASC encourages you to periodically review the Terms and Conditions to stay informed of our updates. AFTERSCHOOL CONNECTION Privacy Policy Protecting your private information is our priority. This statement of Privacy applies to the website www.afterschoolconnection.com (AfterSchool Connection) and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to AfterSchool Connection include ASC. The ASC website is a training course and business directory site. By using the ASC website, you consent to the data practices described in this statement. Collection of your Personal Information In order to better provide you with products and services offered, ASC may collect personally identifiable information, such as your: • First and Last Name • Mailing Address • E-mail Address • Phone Number If you purchase ASC’s products and services, we collect billing and credit/debit card information. This information is used to complete the purchase transaction. We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We may gather additional personal or non-personal information in the future. Use of your Personal Information ASC collects and uses your personal information to operate and deliver the services you have requested. ASC may also use your personally identifiable information to inform you of other products or services available from ASC and its affiliates. Sharing Information with Third Parties ASC does not sell, rent or lease its customer lists to third parties. ASC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to ASC, and they are required to maintain the confidentiality of your information. ASC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) confirm to the ethics of the law or comply with legal process served on ASC or the site; (b) protect and defend the rights or property of ASC; and/or (c) act under exigent circumstances to protect the personal safety of users of ASC, or the public. Automatically Collected Information Information about your computer hardware and software may be automatically collected by ASC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ASC website. Use of Cookies The ASC website may use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize ASC pages, or register with ASC site or services, a cookie helps ASC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ASC website, the information you previously provided can be retrieved, so you can easily use the ASC features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ASC services or websites you visit. Links This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites period we encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. Security of your Personal Information ASC secures your personal information from unauthorized access, use, or disclosure. ASC uses the following methods for this purpose: • SSL Protocol When personal information (such as a credit card number) Is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchange between you and us through this site cannot be guaranteed. Right to Deletion Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: • Delete your personal information from our records; and • Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with request to delete your personal information if it is necessary to: • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; • The tech security incidents, protect against malicious, deceptive, fraudulent or illegal activity; Or prosecute those responsible for that activity; • Debug to identify and repair errors that impair existing intended functionality; • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; • Comply with the New York state electronic communications privacy act; • Engage in public or peer reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously the impair the achievement of such research, provided we have obtained your informed consent; • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; • Comply with an existing legal obligation; Or • Otherwise use your personal information, internally, in a lawful manner that compatible with the context in which you provided the information. Children Under Thirteen ASC does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian for permission to use this website. E-mail Communications From time to time, ASC may contact you via e-mail for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. Changes to this Statement ASC reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary e-mail address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgement of the modified Privacy Policy; and (b ) agreement to abide and be bound by that policy. Contact Us ASC welcomes your questions or comments regarding the Terms and Conditions of our Site. Our contact information is listed below: Email Address: Info@afterschoolconnection.com Telephone Number: (716) 800-1582