IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Welcome to Wonderschool. Please read on to learn the rules and restrictions that govern your use of our website(s) and services (the “Services”).
These Terms of Use (the “Terms”) are a binding contract between you and Wonderschool, Inc. (“Wonderschool,” “we,” “our,” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors.
WONDERSCHOOL IS NOT IN THE BUSINESS OF PROVIDING EDUCATION CLASSES OR CHILDCARE SERVICES.
Wonderschool is not a party to the relationship formed between a teacher and a parent or a Childcare Center and a parent. A parent may use Wonderschool to facilitate its receipt of Childcare Services, but Wonderschool can’t and won’t be responsible for making sure those Childcare Services are actually provided or are up to a certain standard of quality, or for mediating disputes between teachers, Childcare Centers, and/or parents. Wonderschool similarly can’t and won’t be responsible for ensuring that information (including credentials) a parent or teacher or Childcare Center provides is accurate or up-to-date. Although Wonderschool may undertake additional checks and processes designed to help verify or check the identities or backgrounds of teachers, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of any involvement by Wonderschool. We don’t control the actions of any parent or teacher or Childcare Center, and teachers and Childcare Centers aren’t our employees or contractors. Teachers and Childcare Centers set or confirm their own prices and determine their own schedules.
Wonderschool does not endorse any teacher, Childcare Center, or listing. You should always exercise due diligence and care when deciding whether to enroll with a Childcare Center, procure Childcare Services from a teacher, or communicate and interact with other Wonderschool users, whether online or in person.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. Except as explicitly provided otherwise, all changes will be effective upon the posting of the amended Terms on our website. Your continued use of the Services shall constitute your consent to the changes. We may provide additional notice to you of modifications, in accordance with applicable law. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Wonderschool takes the privacy of its users very seriously. Please review our Privacy Policy, incorporated herein by reference, for information regarding our collection, use, and disclosure of information.
Only individuals who are at least 18 years old and can form legally binding contracts under applicable law are permitted to access the Services. If we learn we have collected personal information from children under 13, we will delete that information in accordance with our legal requirements. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
You must create an account (“Account”) to access certain features of the Services. To create an Account and become a Member, you must select a username and password. You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You agree to provide accurate, current, and complete information during the Account registration process and at all other times when you use the Services, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Account password. You are solely responsible for all activity that occurs on your Account, and you will notify Wonderschool immediately of any unauthorized use. Wonderschool is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Wonderschool or others due to such unauthorized use. Your Account is nontransferable except with Wonderschool’s written permission and in line with Wonderschool policies and procedures.
Subject to your compliance with these Terms and your compliance with the applicable Enterprise Agreement, Wonderschool grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wonderschool or its licensors, except for the licenses and rights expressly granted in these Terms.
You understand and agree that you will not
Except as otherwise stated herein, and subject to your obligations under these Terms, you are free to stop using the Services at any time, by contacting us at [email protected].
Wonderschool is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our discretion, including your breach of these Terms. Wonderschool has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any content associated with your Account, so keep that in mind before you decide to terminate your Account.
If you have deleted your Account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Wonderschool and limits the manner in which you can seek relief from us. Both you and Wonderschool acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Wonderschool’s officers, directors, employees, and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
You and Wonderschool agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except for any claim for which applicable law prohibits arbitration agreements. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. Any dispute about the enforcement, interpretation or validity of this arbitration agreement or its applicability to any particular dispute shall be resolved by the arbitrator pursuant to this arbitration agreement and not any court. The arbitrator shall also have exclusive authority to determine all threshold arbitrability issues, including whether the Terms are void, voidable, unconscionable or illusory and any defenses to arbitration, including waiver, delay, laches or estoppel.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of JAMS then in effect (these Rules may be obtained from Wonderschool or JAMS at 800-352-5267 or at https://www.jamsadr.com/rules-streamlined-arbitration/), by one commercial arbitrator with substantial experience in resolving intellectual property and/or commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, including equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Wonderschool at 548 Market St, PMB 92922, San Francisco, California 94104-5401 US, ATTN: Legal.
YOU AND WONDERSCHOOL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Wonderschool are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Wonderschool over whether to vacate or enforce an arbitration award, YOU AND WONDERSCHOOL WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Wonderschool further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator
COSTS OF ARBITRATION
You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Wonderschool will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. Wonderschool will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. CLAIMS OF MORE THAN ONE WONDERSCHOOL USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER WONDERSCHOOL USER, unless both you and Wonderschool otherwise agree in writing. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable in any dispute, neither you nor we are entitled to arbitration of the class or consolidated claims; instead all class and consolidated claims will be resolved in a court as set forth in the Governing Law and Venue section below and will be stayed pending the outcome of any individual claims in arbitration.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address: 548 Market St, PMB 92922, San Francisco, California 94104-5401 US postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your Account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement. If you send this opt-out notice, then the foregoing arbitration agreement will not apply to either party, except for the Governing Law and Venue section below. Notwithstanding anything to the contrary, if we change the substance of this arbitration agreement, you have a right to opt out of the amended arbitration agreement within 30 days of the effective date of the amended arbitration agreement or, if later, our delivery of notice to you about the change, using the same opt-out notice procedure described above. If you send this opt-out notice in response to a change to the arbitration agreement, then the arbitration agreement in effect for you prior to the change will govern any claims or disputes between us.
This arbitration agreement will survive the termination of your Account, the Services, or your relationship with Wonderschool.
The Terms and the relationship between you and Wonderschool shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Wonderschool that is not subject to arbitration must be resolved by a court located in San Francisco County, California, or a United States District Court, Northern District of California, located in San Francisco, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
Neither Wonderschool nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Wonderschool or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
YOU ACKNOWLEDGE AND AGREE THAT WONDERSCHOOL THE SERVICES AND CONTENT ARE PROVIDED BY WONDERSCHOOL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WONDERSCHOOL OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER WONDERSCHOOL USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY TEACHERS, CHILDCARE CENTERS, OR PARENTS. YOU UNDERSTAND THAT WONDERSCHOOL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF WONDERSCHOOL USERS OR TO REVIEW OR VET ANY LISTINGS. WONDERSCHOOL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE CHILDCARE SERVICES. WONDERSCHOOL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WONDERSCHOOL (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, GREATER THAN (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO WONDERSCHOOL IN CONNECTION WITH THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO WONDERSCHOOL'S DECISION TO ENTER INTO THE AGREEMENT BETWEEN WONDERSCHOOL AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Wonderschool, its affiliates, officers, agents, employees, contractors, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Account), and (b) your violation of these Terms.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to indemnify and hold Wonderschool, its affiliates, officers, agents, employees, contractors, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to your violation of these Terms.
In the event that you have a dispute with one or more other users, you release Wonderschool, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, any prohibitions on libelous, defamatory, or abusive conduct, and terms regarding disputes between us, including without limitation the arbitration and class action waiver provision.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without Wonderschool’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Relationship. You hereby acknowledge and agree that you are not an employee, agent, partner, contractor, or joint venture of Wonderschool, and you do not have any authority of any kind to bind Wonderschool in any respect whatsoever.
Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Wonderschool on the Services, shall constitute the entire agreement between you and Wonderschool concerning the Services. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Wonderschool’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at [email protected], 548 Market St, PMB 92922, San Francisco, California 94104-5401 US.