Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY:

Please be advised that this Terms of Use contains an Agreement to Arbitrate, which will, with limited exception, require you to submit any claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with the rules below. Unless you opt-out, you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.

We welcome you to Afterschoolsearch.com, and we invite you to access and use our Site, subject to the rules that follow.

RISU USA, LLC (“RISU“) requires that all visitors (“you“) to our Site (www.afterschoolsearch.com), agree to the terms of this Terms of Use (“TU”), in order to access or use the Site and the services provided through it (the “Services”). The Services include email newsletters, online content, rewards, offers from business partners, and other services of use to our entity partners. By accessing or using the Site or Services, you signify that you have read, understood, and agree to be bound by this TU, and to the collection and use of your information as outlined in the Privacy Policy, which is hereby incorporated by reference.

As used in this TU, “we,” “our,” and “us” means RISU unless otherwise indicated. The word “you” generally includes both individuals using the Site for personal purposes (“Consumer Users”) or legal entities who use the Site for commercial or civic purposes, such as schools, after-schools or municipalities (referred to collectively as “Entity Users”). In this TU, any reference to “you” will mean both Consumer Users and Entity Users (“Users”), unless we specify one or the other for any particular provision within the TU. Additions and changes to the content on the Site or to the software used to power it will be covered by this TU and will become effective to those things upon publication to the Site.

  1. Who is RISU?

RISU is a company with a business address located at 709 W Knickerbocker Dr. Sunnyvale, CA 94087. We provide an online platform designed to facilitate easy access to online-based services for Consumer Users and Entity Users. For instance, Consumer Users can use our Site to explore data that we make available about schools and after-schools, and get useful information from our partner after-schools. Our Entity Users can use our Site and the related Services to advertise their school, after-school, or list facts about their school, after-school, provide links to their respective websites and get useful data from the extensive RISU data base. An Entity User can use the Site by simply registering and claiming an after-school, or by becoming a Premium Member under a separate services agreement with us (referred to as a “Services Agreement”), which provides the Entity User with significantly more data and content allowances to reach target populations. There are fees associated with becoming a Premium Member, and these fees, as well as additional terms and conditions, are outlined in the separate Services Agreement that you must enter into with us. Please contact us at support@afterschoolsearch.com to obtain more information on becoming a Premium Member. On the Site, we use our brand name “After School Search.”

  1. Reward

We may provide rewards to you who meet the following criteria set by us no more than once a year in exchange of the reporting activity of registration of your child or children to a featured after-school with its sole discretion. We change the amount, type of reward, criteria time to time or stop providing the reward without prior notice with our sole discretion.

The criteria are followed;

1) Featured after-schools only

You can claim the reward only when you register your child or children to the featured after-schools that you contacted first time via the web form on the Site before you communicate with the after-school. You can see the green featured mark on the Site. You are not able to receive the reward when you register your child or children to the after-schools that do not have the feature mark when you first contacted the after-school with a web form on the Site, or you register your child or children to the featured after-school but without contacting the after-school prior to the any communication.

2) No more than once per year

You are not able to claim the reward no more than once per year. Even you register your child or children to one or more after-school, you can claim the reward only once in a year.

3) Parent or guardian

You need to be the parent or guardian of your child or children whom you register to an after-school and pay for it. You also need to be 18 years of age or older when you claim the reward.

4) Payment and attendance requirements

We will start the shipping process of the reward after 1) RISU receives the complete registration information from you, 2) you pay for 5 days per week equivalent tuition for at least three months or total more than $1,000 of tuition excluding tax, material fees, pick-up fee, drop-off fee, optional program fees, and other non-basic tuition fees, 3) your child or children attend(s) the after-school at least full three months, and 4) we confirms the payment and attendance to the after-school. Summer camp tuition will be counted as a part of the payment.

5) First-time parent

Your need(s) to be the first-time parent to the after-school. If you have already contacted the after-school or your child or children have participated in any class or camp before at the after-school. We do not recognize you as a first-time parent.

6) 90 days claiming period

You need to claim the reward within 90 days after you submit the first contact from the web form on the Site to the after-school where you register your child or children.

7) Invalid claim

We recognize the claim invalid and will not provide the reward in the following cases;

  • You start communicating with the after-school or register your child or children before or without you contacting the after-school from the contact web form on the Site.
  • The information entered in the contact web form on the Site is different from the information on the claim.
  • Name and other information entered in the contact web form on the Site and claim does not match with reality.
  • RISU is not able to confirm the payment and/or attendance of the claimed child or children.
  • The payment requirement is not met within 5 months from the claimed date.
  • You register your child or children to the different after-school from the after-school that you contacted from the web form on the Site.
  • The case that RISU recognizes inappropriate in any reason.

We will send the reward only to the email address entered in the contact web form to the after-school where you register your child or children. So, please ensure that you enter a correct email address to the web form.

We will send $20 Amazon gift code via email as the reward. We will not provide the reward in any other form such as cash, physical card or other brand’s gift card. We may change the type of reward, delivering method and the mount time to time with its sole discretion.

 

III. Privacy Policy.  

We are committed to protecting the privacy of any personal information you provide to us when you use the Site. Please see our Privacy Policy for details. This TU includes and incorporates by reference the Privacy Policy.

  1. Account Creation.

The Site accounts are designed for use only by Consumer Users 21 years of age or older interested in using the Services for non-commercial, personal use. Entity Users are also for designated representatives of schools, after-schools, and other entities whose services relate to the Services and who want to claim and update their particular entity page on our Site.

Users are the sole creators of their accounts and RISU does not independently verify the information provided, except that RISU does reserve the right to verify Entity User account information and updates. You are responsible for maintaining the confidentiality of your RISU account and password. You shall be responsible for all uses of your account and password, whether or not authorized by you. You agree to immediately notify RISU of any unauthorized use of your account or password.

You also agree that we or third parties acting on our behalf may send you emails regarding important information regarding your use of the Site and other electronic communications such as copy of information that you submitted through a web form on the Site, promotional materials and so on. You may opt out of receiving the newsletters and other promotional messages at any time by clicking the unsubscribe link on the email, but you may not opt-out of receiving important items regarding the use of the Site or your account and the like. All suggestions and comments you provide become the intellectual property of RISU.

  1. Consumer Users of RISU Services.

Consumer Users of the Services may be prompted to express their interest in a school, after-school, or other providers of products or services on our Site, via submitting a web form, clicking a checkbox, a button so on. Depending on your contact preferences, we may attempt to inform these third-party providers of your interest and express consent (where you provide such consent) to receive certain communications, including calls and/or text messages, in accordance with Section XIV.G.(2), below, and the Privacy Policy.

If we communicate with a provider, we may share your profile information with them so that they can contact you directly. Regardless of your level of interest in a provider, RISU always recommends that you follow-up with the provider directly as we cannot guarantee that we can connect you with every provider.

Your use of the Services does not take the place of any school or after-school application and does not guarantee the admittance into a school or after-school, or any other desired result. RISU does not make any guarantees, representations, warranties, or promises that any RISU Services will assist you in getting admitted into a school, and after-school or in obtaining any other desired result.

  1. User-Generated Content. 

RISU, through its comments and reviews, provides Users an opportunity to post content to the RISU Services. RISU does not necessarily endorse, support, sanction, encourage, or agree with content posted by Users.  By submitting, posting or consenting to our use of any User-generated content, you grant to RISU and its affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from all or any portion of the User-generated content.

You acknowledge that by posting User-generated content on the Site, we are merely acting as a passive conduit for its publication and distribution and we are not undertaking any obligation or liability related to it. All information, data, text, software, music, sound, photographs, video, messages, or other materials uploaded, posted or transmitted on the Site, whether publicly uploaded or posted or privately transmitted, is the sole responsibility of the person from whom such content originated.

If you are an Entity User, you acknowledge and understand that a fundamental aspect of our Services is the ability of Consumer Users to share their experiences at each school or after-school.  You do not have control or input into how and what Consumer User-generated content we use and display on the Site.  However, you may report any objectionable User-generated content or other violations by emailing support@afterschoolsearch.com.

If you upload, post, or otherwise transmit content to the Site,  regardless of what kind of User you are, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, used and displayed by RISU or third parties in any medium now existing or later invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, used or displayed in a manner not agreeable to you.

VII. Binding Agreement.

By  accessing or using the Site or Services, you acknowledge that you have read and understood the terms of this TU, and agree to be bound by this TU, and by all related technical specifications, security procedures, rules of access, and any other terms and conditions set forth by us from time to time as posted here or through a link on the Site, or through other means that we publish to you. The use of the Site (including, without limitation, any content posted on it or software made available), by you, or anyone else authorized by you, is prohibited except as allowed by the terms and conditions contained in this TU. We may restrict your use of the Site without warning at our discretion. If you are an Entity User, you also agree to remain bound by the terms and conditions of any separate Service Agreement that you have entered into with us and which governs the commercial relationship between us.

  1. You represent, warrant at all times that:

(1) All information you submit is truthful and accurate, and you will promptly update it as it may change from time to time.

(2) For Consumer Users, you are a U.S. citizen, permanent resident of the U.S. or resident with a valid VISA of the U.S., at least age 21 or older, and you are of age to enter into a legally binding contract when using the Site.

(3) For Entity Users, the person subscribing to our Services and creating an account is an owner of the institution or employed by the institution or entity that you have designated and such person is authorized to act on the entity’s behalf in an official capacity with respect to the Services and this Site.

(4) Your use of the Site does not and will not violate any laws or regulations that may apply to you, or any agreements that you have with someone else.

(5) Any content that you insert, provide or upload to the Site does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any person.

  1. You also agree to the following:

(1) You will not use the services provided by us or the Site for any commercial “for profit” purpose outside of the relationship that we have with you, without our prior written consent.

(2) For Consumer Users, you will not advertise or sell any goods or services through the Site. This includes your agreeing not to upload to, post, share, or otherwise publish through the Site any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services.

(3) For Entity Users, any advertisements or promotions will be conducted strictly in accordance with the terms of the Service Agreement between you and us.

(4) You will not operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise.

(5) You will not upload, post or distribute any content which, in our sole determination, is inappropriate. This includes content that is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law.

(6) While using the Site, you must comply with all applicable domestic and international laws, statues, ordinances, and regulations.

(7) We may, at our sole discretion and with or without notice to you, remove or edit any content that we deem to be unlawful, obscene, or in violation of this TU. We may, but are not obligated to, remove any other content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights. Our failure to block or remove any content, however, does not mean that we endorse it or make any representation or guarantee regarding such content.

(8) You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm us, or the interests or property of any of our other users or business partners; bypass our system security measures, interfere with the working of our services or the Site, or impose an unreasonable or disproportionately large load on our infrastructure.

(9)  You will not harvest or otherwise collect information about other Users or visitors to the Site, including email addresses, without their consent or in violation of our Privacy Policy or in violation of the Service Agreement that you have with us.

(10) You understand and agree that you do not have the authority to act on our behalf, to speak for us, or to in any way obligate us with respect to any third parties.

(11) For Entity Users, any communication with Consumer User that After School Search shares the contact information is strictly to arrange the visit of Consumer User to the Entity Users only. Any communication for other purpose is prohibited unless the Entity User and RISU agree separately or the Entity User obtains permission from the Consumer User separately.

VIII. Our Proprietary Materials.

  1. You may use the Site, including the content on it solely for the purposes stated on the Site itself and as described in this TU and in accordance with any Service Agreement that you have with us.
  2. No text, logo, graphic, sound, image, photograph or software published on or underlying the Site may be copied, modified, published, sold or otherwise distributed, transferred or used without our prior express written permission, which we are not required to grant, even if you ask.
  3. Except as otherwise expressly allowed by this TU or for Entity Users, in any separate Service Agreement that you have with us, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or content displayed on or obtained from the Site, in any manner.
  4. We own all of the intellectual property connected with the Site. This includes, but is not limited to all copyrights, trademarks, patents, derivative works, trade secrets, and proprietary information in all content that appears on the Site (other than the content of our third party business partners and advertisers who have permission to appear on the Site), and in all software that we develop in connection with the Site and our services. You agree not to copy, alter, frame, reverse engineer, distribute, publish, sell, prepare derivative works based on, or commercially exploit the software and/or any content, without express written permission from us.
  5. All Site content and functionality, and all software underlying the Site, may be changed or updated by us from time to time, without notice. Although RISU cannot monitor the conduct of Users of the Site, it is a violation of this TU to use the Site or any information obtained from it in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site, except for Entity Users as may be expressly permitted by your Service Agreement with us.
  6. Third Party Website.

The Site may provide links to other websites or apps (each, a “Linked Site“) as a convenience to you. These links do not mean that we review or endorse these Linked Sites or any services offered through them. Such Linked Sites are not maintained by us and we do not monitor or accept any responsibility for them. As such, we are not and will not be responsible for the content, products, services, policies or activities of those Linked Sites. Any dealings that you have with advertisers or other third-parties who may be found on any Linked Site are between you and the advertiser, for which you assume full responsibility, and you acknowledge that we are not liable for any loss or claim you may have against an advertiser. The inclusion of any link to a Linked Site on our Site does not imply an endorsement by RISU of the Linked Site.

  1. Third Party Website Seeking to Hyperlink to the Site.

We welcome appropriate hyperlinks to our Site by responsible third parties. By publishing a hyperlink to our Site on your website or app, you warrant to us that the content of your website or app is appropriate and consistent with the stated purposes of our Site and of After School Search and RISU. If this is not or will not be the case, then you do not have our permission to link to our Site, and doing so will constitute a violation of this TU. Also, we reserve the right in our sole discretion to rescind our permission granted in this TU to link to our Site.

Use of any RISU and After School Search trademark, service mark or other intellectual property or content provided by us for a hyperlink to our Site is permitted and licensed by RISU solely for the purposes described on the Site and in this TU, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by RISU, you shall immediately remove any hyperlink to the Site, and discontinue use of any trademarks, service marks or other intellectual property or content provided by RISU. As used in this section, “you” means any third party, even if you are not a User.

  1. Warranty and Legal Disclaimers.

We make reasonable efforts to provide a Site that is safe and accurate and Services that are useful to you, but we make no warranties. We retain the right to restrict the use of the Site in any manner we deem appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT, THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT, SERVICES, AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS MAY BE PROVIDED IN A SEPARATE, WRITTEN SERVICES AGREEMENT BETWEEN US AND YOU, RISU EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RISU MAKES NO WARRANTY THAT (i) THE CONTENT, SERVICES AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SERVICES OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.

XII. Limitation of Liability.

IN NO EVENT SHALL RISU, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY “RISU AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE (AS DEFINED IN THIS TU), OR INABILITY TO USE THE SITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE RISU AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE OR SERVICES, UNLESS AND EXCEPT AS, BUT ONLY IN ACCORDANCE WITH, ANY SEPARATE, WRITTEN SERVICES AGREEMENT THAT YOU HAVE WITH US.

YOU UNDERSTAND AND AGREE THAT RISU AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT RISU AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, EVEN IF THERE IS NEGLIGENCE BY RISU OR AN AUTHORIZED RISU REPRESENTATIVE, OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

RISU NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SERVICES, CONTENT, SOFTWARE OR ANY OTHER MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

XIII. Resolution of Disputes.

You and RISU agree that any claim or dispute at law or equity that may arise between us relating in any way to this TU or your use of or access to the Site or related Services will be resolved in accordance with the provisions outlined in this Resolution of Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

  1. Applicable Law: This TU is governed by the laws of the California, USA, without regard to its choice of law or conflicts of law provisions, and any controlling United States federal law. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
  2. Agreement to Arbitrate: You and RISU each agree that any disputes or claims that may arise between you and us relating in any way to or arising out of this or previous versions of the TU or your use of or access to the Site or any related Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

(1)  Prohibition of Representative or Class Actions and Non-Individualized Relief –

YOU AND RISU AGREE THAT EACH OF US MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE BOTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (WHETHER MONETARY, INJUNCTIVE, AND/OR DECLARATORY) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER RISU USERS.

(2)  Arbitration Procedures – Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of this Agreement to Arbitrate or of the TU.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: RISU USA LLC. 709 W. Knickerbocker Dr. Sunnyvale, CA 94087.

The arbitrator will decide the substance of all claims in accordance with the laws of California. The arbitrator shall not be bound by rulings in prior arbitrations involving different RISU Users. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction.

(3)  Costs of Arbitration – Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.

(4)  Severability – With the exception of the provisions in Section XIII.B(1) of this Agreement to Arbitrate (“Prohibition of Representative or Class Actions and Non-Individualized Relief”), if any part of this Agreement to Arbitrate is held invalid or unenforceable by an arbitrator or a court, then the other parts of this Agreement to Arbitrate Section will still apply. If an arbitrator or court decides that any of the provisions in Section XIII.B(1) of this Agreement to Arbitrate are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the TU and its Resolution of Disputes Section will continue to apply.

 (5)  Future Changes to the Agreement to Arbitrate – Notwithstanding any provision in the TU to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against RISU prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on the Site at least 30 days before the effective date of the changes. If you do not agree to the amended terms, you may close your account and you will not be bound by the new terms.

  1. Judicial Forum for Legal Disputes: Unless you and we agree otherwise, the arbitration shall be conducted in Santa Clara County, CA, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Santa Clara County, CA, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that the Agreement to Arbitrate above is found to not apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and RISU will be brought exclusively in a state or federal court located in Santa Clara County, CA. You and we agree to submit to the personal jurisdiction of the courts located within Santa Clara County, CA for the purpose of litigating all such claims or disputes.

XIV. Miscellaneous.

  1. Termination: You may terminate this TU by destroying all materials obtained from the Site, canceling your User account, and stopping all use of the Site and Services. We may terminate this TU immediately at will for any reason, in our sole judgment, without warning or prior notice. Upon notification of termination, you must destroy all materials obtained from the Site and stop all use of the Site and the Services. Any data or information that we collected from you will be subject to the Privacy Policy and/or any separate Services Agreement that you have with us. In the event of termination, the disclaimers, limitations of liabilities and indemnities outlined in this TU will survive.
  2. Indemnification: You agree to indemnify and hold RISU and its affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Site in breach or violation of any term of this TU; (2) your violation of any law or regulation; (3) breach of your representations, warranties and agreements as set forth herein; or (4) any content you provide to RISU.
  3. International Use: The Site is controlled and operated from within the United States. We make no representation that the Site is appropriate or available in locations outside the United States. Anyone choosing to access the Site from other locations are responsible for compliance with applicable laws. International visitors must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the RISU Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
  4. Assignment: You may not assign, sublicense or otherwise transfer any right or obligation set forth in this TU without our prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. We may assign any of our rights or obligations under this TU to another party without notice or consent for any reason. These terms and conditions in this TU are binding upon the parties’ respective successors and permitted assigns.
  5. Contact RISU: If you have any questions about the Site or this TU, you may contact us via e-mail at support@afterschoolsearch.com.
  6. Entire Agreement: This TU and any related technical specifications, security procedures, rules of access, and any other terms and conditions set forth by us from time to time as posted on the Site or through a link on the Site, or through other means that we publish to you, including any separate written Services Agreement between you and us, constitute the entire agreement between us and you in connection with your use of the Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements between us and you regarding such matters, including prior versions of this TU. We may update this TU from time to time by posting revised versions of it on the Site, without notice to you except that the effective date at the top of this TU will change and your subsequent use of the Site is governed by that new TU, and constitutes your acceptance of the changed terms. Nothing in these Terms may be construed to create or confer any rights on third-party beneficiaries.
  7. Special Legal Notices and TCPA Consent:

(1) Copyright Infringement Claims – We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access to them) from us by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (4) your name, mailing address, telephone number, and email address; (5) a statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter-Notice Procedures – If you believe that material you posted on our Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (3) your name, mailing address, telephone number, and email address; (4) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (5) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which RISU may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

Copyright Agent – Pursuant to the DMCA, written notice of a claimed copyright infringement must be submitted to After School Search’s Designated Copyright Agent using the following contact information:

After School Search Copyright Agent

support@afterschoolsearch.com

709 W Knickerbocker Dr. Sunnyvale, CA 94087

ALL INQUIRIES NOT CONFORMING TO THE ABOVE PROCEDURES WILL RECEIVE NO RESPONSE.

PLEASE BE AWARE THAT IF YOU KNOWINGLY MATERIALLY MISREPRESENT THAT (i) MATERIAL OR ACTIVITY ON OUR SITE IS INFRINGING YOUR COPYRIGHT, OR (ii) MATERIAL OR ACTIVITY ON OUR SITE WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, YOU MAY BE HELD LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES) UNDER § 512(f) OF THE DMCA.

(2) TCPA Consent – Authorization to Contact You – By agreeing to this TU, you expressly agree to receive calls, including autodialed and/or pre-recorded message calls, from us at any of the telephone numbers (including mobile telephone numbers) that you have provided to us. If the telephone number that is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our Site (such as to collect money, resolve a dispute, or to otherwise enforce this TU) or as authorized by applicable law.
  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of the Privacy Policy.
  • We may share your telephone numbers with our service providers who we have contracted with to assist us in pursuing our rights or performing our obligations under this TU, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with our affiliates, for their use, as authorized under our Privacy Policy.
  • You further agree that we may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law.
  • Consent for the above authorizations may be revoked by you at any time and by any reasonable means, including by emailing us at support@afterschoolsearch.com and putting the words “remove my telephone number” in the subject line of your email.

(3) Special California Notice – If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.