Terms of Use

This Agreement contains the terms and conditions between ActivityTree, LLC (“ActivityTree”) and you (Activity Seekers, Activity Providers, Bloggers and/or any other user, collectively referred to as “User”) and governs the use of the services offered (the “Services”) at ActivityTree.com (the “Site”). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this “Agreement”) whether or not you create an account with ActivityTree. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein and consent to receiving the Agreement in electronic form. If you object to anything in this Agreement or the ActivityTree Privacy Policy, do not use the Site or the services offered by ActivityTree.com (the “Services”).

1. ACCEPTANCE OF TERMS OF USE AGREEMENT.

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by ActivityTree from time to time, such modifications are effective upon posting by ActivityTree on the Site. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes. This Agreement includes the ActivityTree Privacy Policy.

2. ONLINE CONDUCT.

User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If ActivityTree is notified of any information, data, software, photographs, typefaces, graphics, blog post, comment, video and other material on the Site (collectively “Content”) provided by User that is allegedly infringing, defamatory, damaging, illegal, or offensive, ActivityTree may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. ActivityTree reserves the right to prohibit or restrict conduct, communication, or Content that ActivityTree deems in its sole discretion to be harmful to Users, ActivityTree, ActivityTree affiliates, the Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, ActivityTree, including its officers, directors and employees cannot ensure prompt removal of questionable Content after online posting. Accordingly, ActivityTree, including its officers, directors and employees, shall have no liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Site.

Although ActivityTree cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect the integrity of the Site and the Service, ActivityTree reserves the right at any time in its sole discretion to block Users from accessing the Site or the Services.

3. ELIGIBILITY.

By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, Services are not available to minors under the age of eighteen (18).

4. SITE CONTENT.

ActivityTree is a distributor, not a publisher, of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of ActivityTree or its officers, directors or employees, unless expressly stated otherwise. Neither ActivityTree, nor its officers, directors or employees, make any representation, warranty or guarantee of the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated.

You are responsible for providing accurate, current and complete information in connection with your creation of an account and use of the Site. You acknowledge, consent and agree that ActivityTree may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ActivityTree, its users and the public. ActivityTree does not claim ownership of any Content submitted and/or posted by you on the Site. However, by posting Content to any public area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to ActivityTree, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. You also permit any User to access, display, view, store and reproduce such content for personal use. You also represent and warrant that public posting and use of your Content by ActivityTree will not infringe or violate the rights of any third party. You agree to indemnify and defend ActivityTree against any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the infringement or alleged infringement of a third parties intellectual property rights in Content you post on the Site. By using the Site, Activity Seekers consent to ActivityTree’s public display and use of photographs taken by or on behalf of Activity Providers while activity participants are attending activities at an Activity Provider’s location.

Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to ActivityTree through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) ActivityTree is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) ActivityTree shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) ActivityTree may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of ActivityTree without any obligation of ActivityTree to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from ActivityTree under any circumstances.

5. THIRD PARTY MERCHANDISE AND SERVICES; PROMOTIONS.

Activity Seekers may purchase services or merchandise through the Site from Activity Providers. Activity Providers create and maintain accounts with ActivityTree, but are not otherwise affiliated with ActivityTree. For example, Activity Seekers may choose to register for an activity or purchase activity-related merchandise on the Site. All matters concerning the merchandise and services purchased through ActivityTree are solely between Activity Seekers and the Activity Providers. ActivityTree makes no warranties or representations whatsoever with regard to any goods or services provided by Activity Providers. Activity Seekers will not consider ActivityTree, nor will ActivityTree be construed as, a party to such transactions, whether or not ActivityTree may have received some form of revenue or other remuneration in connection with the transaction. Activity Seekers agree that ActivityTree will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.

ActivityTree and/or third parties may, from time to time, send e-mail messages to Activity Seekers containing advertisements, promotions, etc. ActivityTree makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and Activity Seekers agree that neither ActivityTree nor such third party shall have any liability with respect thereto.

6. BLOG.

By submitting your content to ActivityTree for publication on ActivityTree’s Blog, including written content and video content, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate them in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived. By submitting your content to ActivityTree, you agree to have your content reviewed by ActivityTree. We reserve the right, in our sole discretion to modify, to publish, or not to publish content you submit to the Blog.

You may not use ActivityTree’s name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by ActivityTree, or by our sponsors, partners or any related organizations is strictly prohibited. By posting content to ActivityTree’s Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate this Agreement. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc. You agree to indemnify and hold ActivityTree, our affiliates, employees and directors harmless for any and all claims or demands, including reasonable attorneys’ fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of this Agreement or the rights of another.

7. CARPOOL FACILITATION.

ActivityTree assists Activity Seekers in communicating with other Activity Seekers to make carpooling arrangements. However, Activity Seekers are solely responsible for evaluating and selecting other Activity Seekers for carpooling. ActivityTree does not conduct background checks, including but not limited to criminal background checks and/or DMV record checks, of other Activity Seekers to ensure their appropriateness to provide carpooling services. While ActivityTree provides a service that is intended to assist Activity Seekers in initiating carpooling arrangements, you are ultimately responsible for ensuring that all arrangements have been clearly communicated and confirmed. YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT ACTIVITYTREE DOES NOT WARRANT OR HAVE CONTROL OVER THE INTEGRITY, RESPONSIBILITY, DRIVING ABILITY, CRIMINAL/PERSONAL HISTORY OR ANY OTHER ASPECT RELATING TO OTHER USERS, NOR DOES IT HAVE CONTROL OVER THE SAFETY, MAINTENANCE OR SUITABILITY OF A USER’S MOTOR VEHICLE. YOU HEREBY EXPRESSLY AGREE NOT TO HOLD ACTIVITYTREE ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPONSORS OR ADVERTISERS LIABLE FOR ANY ACTS OR OMISSIONS OF OTHER ACTIVITY SEEKERS. Such acts or omissions might include but are not limited to theft or damage to belongings, failure to operate vehicle in safe manner and/or abide by motor vehicle laws, failure to use proper safety restraints, failure to carry proper car insurance, failure to appear at designated place and/or time for carpooling appointment, failure to communicate with carpool members, unscheduled substitution of drivers, inappropriate conduct, language, music or smoking in the vehicle, personal injury or death. Contacting other Activity Seekers through the carpooling function for any purpose other than arranging a carpool is strictly prohibited.

8. PROVIDER PRE-PAID CERTIFICATES.

ActivityTree provides Activity Seekers with opportunities to purchase products and services from Activity Providers at a discount by prepaying for products or services (a "Provider Pre-Paid Certificate").

A. How It Works.

By adding a Provider Pre-Paid Certificate to your cart and checking out, an Activity Seeker makes an offer to purchase the Pre-Paid Certificate the Activity Seeker selected on the terms, restrictions and conditions associated with the Pre-Paid Certificate. An Activity Seeker may cancel an order within 48 hours of placing an order. The Activity Provider can also cancel an order within this time period if it has determined that the Activity Seeker does not qualify for the Pre-Paid Certificate (e.g. the Pre-Paid Certificate is offered for new customers only and the Activity Seeker previously purchased products or services from the Activity Provider). 48 hours after an Activity Seeker places an order, the Activity Seeker’s credit card will be charged for the amount of the Pre-Paid Certificate and the Activity Seeker will receive a receipt from us that includes a Pre-Paid Certificate number. The Activity Seeker may redeem the Pre-Paid Certificate to purchase goods or services from the Activity Provider any time after receiving the receipt, subject to the terms of the Pre-Paid Certificate.

B. Pre-Paid Certificate Specific Terms.

Each Pre-Paid Certificate has specific terms associated with the Pre-Paid Certificate, which will be presented to the Activity Seeker at the time the Activity Seeker commits to purchase the particular Pre-Paid Certificate. Pre-Paid Certificate specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

C. Global Terms.

Unless otherwise stated in the Pre-Paid Certificate or required by law, the following additional terms apply to all Pre-Paid Certificates:

  • Provider Pre-Paid Certificate may be applied only to services offered or merchandise sold by an Activity Provider as specified by the Activity Provider.
  • Only one Pre-Paid Certificate per Activity Seeker unless otherwise specified by Activity Provider.
  • Pre-Paid Certificates have no cash value unless required by law.
  • Neither ActivityTree nor the Activity Provider is responsible for lost or stolen Pre-Paid Certificates or Pre-Paid Certificate’s reference number.
  • Pre-Paid Certificate cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Activity Provider.
  • Reproduction, sale or trade of this Pre-Paid Certificate is prohibited unless transferability is required by law.
  • Any attempted redemption not consistent with these terms and conditions will render the Pre-Paid Certificate null and void.
  • All Pre-Paid Certificates are void to the extent prohibited by law.
  • Provider Pre-Paid Certificates are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally unless otherwise specified by the Provider.

D. Activity Provider Responsibility

To be clear, ActivityTree markets the Pre-Paid Certificates and acts an as agent in selling the Pre-Paid Certificates on behalf of the Activity Providers. But the Activity Provider is the issuer of the Pre-Paid Certificate. As issuer of the Pre-Paid Certificate, the Activity Provider shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Activity Provider or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Pre-Paid Certificates. Whether an Activity Seeker chooses to redeem a Pre-Paid Certificate is within the Activity Seeker’s sole control and at the Activity Seeker’s sole discretion. Activity Seekers are at risk of loss if an Activity Seeker fails to redeem a Pre-Paid Certificate and the Activity Provider goes out of business.

E. Refunds

An Activity Seeker may cancel an order within 48 hours of placing the order. After the Activity Seeker’s credit card has been charged, we do not provide refunds except that we will provide a refund if the Activity Provider later informs us that you are not eligible to redeem the Pre-Paid Certificate. Activity Seekers are at risk of loss if an Activity Seeker fails to redeem a Pre-Paid Certificate and the Activity Provider goes out of business.

F. Purchasing Restrictions

Some of the Pre-Paid Certificates are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Pre-Paid Certificate. Any attempt by an Activity Seeker to obtain more than the permitted number of Pre-Paid Certificates specified for a particular Pre-Paid Certificate by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. We will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.

9. PRIVACY.

ActivityTree will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our Privacy Policy.

10. LINKS TO EXTERNAL SITES.

Links from the Site to external sites or links from external sites to the Site (including external sites that are framed by ActivityTree) or inclusion of advertisements do not constitute an endorsement by ActivityTree of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. ActivityTree does not control such sites, and is not responsible for their content. Use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by ActivityTree’s Terms of Use and Privacy Policy. ActivityTree expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site or content that appears on sites which provide a link to the Site. User hereby agrees to hold ActivityTree harmless from any liability that may result from the use of links that may appear on the Site or third party sites that provide a link to the Site.

11. COPPA COMPLIANCE.

Users should monitor children’s use of the Internet. ActivityTree is intended for people 18 or over. ActivityTree will not knowingly collect any information from children under 13. You must identify your age during the registration process. ActivityTree takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. However, we do not assume any responsibility for any misrepresentations regarding age when using this Site. Should we determine that any User provided false information to us when using this Site, the User’s membership may be terminated immediately.

12. LICENSES AND RESTRICTIONS.

ActivityTree grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with ActivityTree) of the Site. ActivityTree further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of ActivityTree so long as the link does not portray ActivityTree, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to: (i) modify, download (other than page caching), reproduce, copy, or resell the Site, the Content or any portion or derivative thereof; (ii) commercially use the Site, the Content or any portion derivative thereof (unless User has a business relationship with ActivityTree); (iii) copy or download any User’s account information for the benefit of any third party; (iv) enable high volume, automated, electronic processes that apply to the Site or its systems; (v) use any robot, spider, data miner, scraper or other automated means to access the Site or its systems for any purpose; (vi) interfere or attempt to interfere with the proper working of the Site; (vii) bypass any ActivityTree measures used to prevent or restrict access to any portion of the Site; (viii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ActivityTree; or (ix) use ActivityTree names, trademarks, services marks or logos in any meta tags or any other “hidden text” or compile, repackage, disseminate or otherwise use data extracted from the Site. The foregoing are expressly prohibited. The right to do any of the foregoing shall require ActivityTree’s express written consent (which may include a written agreement signed by an authorized representative of ActivityTree). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by ActivityTree.

The Site and Services may not be used by any person or organization to contact, by any means, any Activity Seekers or Activity Providers for a purpose not related to the Services offered on the Site without express written permission from ActivityTree. Should ActivityTree find that you violated the terms of this paragraph or any terms stated herein, ActivityTree reserves the right, at its sole discretion, to immediately terminate your use of the Site.

13. PAYMENT AND REFUND POLICY FOR ACTIVITY SEEKERS.

Activity Seekers are obligated to pay for the Service and all registration fees reflected in their order confirmation, unless specifically notified otherwise. Activity Seekers authorize ActivityTree to charge their chosen payment provider for all required ActivityTree and registration fees in one or more transactions. In the event an Activity Seeker fails to make timely payment Activity Seeker shall be liable for all damages, expenses and costs, including all reasonable attorney’s fees incurred by ActivityTree in collecting amounts payable. ActivityTree reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

The ability of an Activity Seeker to cancel registrations and obtain refunds or credits, if any, is determined by the policy established by each individual Activity Provider. Please refer to the cancellation policy contained in each listing’s detailed description, or your receipt for details. Contact the Activity Provider to discuss matters relating to refunds or credits. Fees charged for ActivityTree Services are non-refundable. All Activity Providers reserve the right to modify class schedules at any time, or cancel listings if there if enrollment is not sufficient in their opinion. Refunds or credits, if any, in the event of a class cancellation by an Activity Provider are determined by the policy established that individual Activity Provider.

14. TRADEMARKS.

The ActivityTree trademark is owned by ActivityTree. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of ActivityTree and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner. Accept as specifically authorized by this paragraph, no ActivityTree trademark or trade dress may be used in connection with any product or service that is not ActivityTree’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits ActivityTree. Without limiting the foregoing, you may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to ActivityTree.

15. COPYRIGHT.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ActivityTree or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ActivityTree and protected by U.S. and international copyright laws. All software used on this site is the property of ActivityTree or its software suppliers and protected by United States and international copyright laws.

16. PASSWORD AND ACCOUNT SECURITY.

Every User that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User’s computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her ActivityTree account using an old e-mail address, such User will not receive messages from ActivityTree about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User’s ActivityTree account.

17. DISCLAIMERS AND LIMITATION OF LIABILITY.

THE ACTIVITYTREE SITE IS PROVIDED BY ACTIVITYTREE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ACTIVITYTREE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

WITHOUT LIMITING THE FOREGOING, ACTIVITYTREE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF ACTIVITYTREE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

ACTIVITYTREE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ACTIVITYTREE.

UNDER NO CIRCUMSTANCES SHALL ACTIVITYTREE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ACTIVITYTREE’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

ACTIVITYTREE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE, EMAILS DISTRIBUTED TO ANY USER, OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM, EVEN IF SUCH ACTIVITYTREE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION.

Users agree to indemnify, defend and hold harmless ActivityTree, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “ActivityTree and Affiliates”) from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred by ActivityTree and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and Content you submit, post or transmit through the Site, (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law, or (iii) your failure to pay any amounts due for Services offered by Activity Providers through the Site. Users further agree that they will cooperate as reasonably required in the defense of such claims. ActivityTree and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of ActivityTree. Users further agree to hold harmless ActivityTree and Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.

19. RELEASE.

Activity Seekers may seek the services of an Activity Provider through the use of the Site and Activity Providers may list activities through the Site. In the event that an Activity Seeker registers for an activity listing, the agreement related to the provision of activity services is solely between the Activity Seeker and the Activity Provider; ActivityTree is not a party to any such agreement. Any issues concerning the services received by the Activity Seeker or payment due to the Activity Provider, other than payments due from ActivityTree to the Activity Provider, must be resolved directly by the Activity Seeker and the Activity Provider. ActivityTree will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold ActivityTree harmless for any claim or controversy that may arise from any disputes between you and any other User(s) of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any Users therein to ActivityTree immediately by notifying ActivityTree of the same via electronic correspondence.

20. NOTICES.

User consents to receive electronic communications from ActivityTree, whether addressed to the e-mail address associated with such User’s ActivityTree account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this ActivityTree Site satisfies any legal requirement that such communications be made in writing.

21. SEVERABILITY.

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

22. APPLICABLE LAW; JURISDICTION.

The ActivityTree Site is created and controlled by ActivityTree in the State of Minnesota. The laws of the State of Minnesota will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of ActivityTree and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Dakota County, Minnesota and waives any objection to the laying of venue of any litigation in said courts.

23. ADDITIONAL TERMS AND CONDITIONS.

In addition to the policies and guidelines located throughout the Site, the Privacy and Security Policy accessible via a link on the bottom of the Site pages is specifically incorporated into the Terms of Use.

24. MODIFICATION.

ActivityTree reserves the right to make changes to the Site, posted policies and Terms of Use at any time without notice.

25. MISCELLANEOUS.

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

 

Pending Charge

This Class, Lesson or Camps will be charged within 48 hours of your checkout.

Pending Skill Assessment

This kids class, lesson or camp is pending a skill assessment. You should work with the provider to complete this skill assessment. If the assessment is not complete within 5 days, ActivityTree will automatically cancel this registration.

Pending Provider Approval

This Kids Class, Lesson or Camp is pending the provider's approval.

Available

Click for Registration and Class details.

Full

This Kids Class, Lesson or Camp is FULL.

Almost Full

ActivityTree confirms availablity. 2nd choice option will be offered.

New Session

Kids Classes available through ActivityTree: Kids Swimming Hockey Dance Karate Martial Arts Horseback riding Gymnastics art music soccer baseball softball cooking skating skiing golf snowboarding

Conflict Warning!

This Kids Class, Lesson or Camp occurs at the same time as a registered listing or a listing that you have added to your shopping cart.

Meets During

Morning 6am to 11:59am
Afternoon 12:00pm to 4:59pm
Evening 5pm to 10pm
Full Day Camp Takes place during a full day.
Overnight Camp Takes place over one or more nights.

Cancelation Policy

ActivityTree offers refunds for deal purchases if you are not able to redeem your deal. For activity registrations that have been charged to your credit card, please contact the activity provider to request a refund or credit per their cancellation policy. Clicking 'cancel' for an activiy on ActivityTree after your credit card has been charged, does not process a refund. Any ActivityTree service fee charged is non-refundable.

Zip Code

When logged in zip code is pulled from your user account. If you want to change the zip code used you can change your zip code in the 'My Account' link above.

Pending Assessment

Your kids class, lesson or camp cannot be processed until your child completes a skill assessment or the provider waives the skill assessment. Please contact the Kids Class, Lesson or Camp provider as soon as possible to resolve this prerequisite. We will reserve your spot for five days. If the skill assessment has not been completed or waived within five days from your order, your reserved activity or camp selection will be automatically canceled.

Pending Approval

You have selected a Kids Class, Lesson or Camp that has limited availability. We must confirm availability with the provider before completing your selection. This process will be completed within 48 hours. During the 48 hour period you will have a reserved spot in your selected listings (1st choice and 2nd choice). If your 1st choice is not available, the registration process will automatically proceed with your 2nd choice.

Pending Payment

Your Deal, Lesson or Camp selection is pending payment. Payment will be processed within 48 hours and you will receive a receipt by email.

Pending Membership Status

Discount must be approved by provider. If provider does not approve discount, selection will be processed without the discount.

Maximum Possible Purchase Price

Because you have selected a kids Class, Lesson or Camp with limited availability, or which requires a skill assessment, an actual total cannot be calculated at this time. The maximum Possible Purchase Price assumes that you are registered for the listings (whether 1st or 2nd choice) with the greatest purchase price.

You will receive one or more receipts which reflect the actual total for all charges. You will receive this within 48 hours unless one of your activities or camps is still pending a skill assessment. In certain cases, the receipt may be generated by the activity provider rather than ActivityTree.

Online Inventory

Number of spaces allocated to ActivityTree. Preferred members must set online inventory equal to class size.

Pending Registrations

Credit cards cannot be deleted when transactions are pending. To cancel, click cancel from your summary schedule. Cancellations are subject to the providers' policies. ActivityTree does not issues refunds or credits for cancellations.