TERMS & CONDITIONS

1. ACCEPTANCE

Loric Enterprises, Inc., dba Playground Pass (“Playground”) provides a website portal for users to register for homeschool enrichment activities, programs, services and products at pre-negotiated and discounted rates with third party activity providers (the "Services"). Playground provides these Services to you, subject to the following Terms & Conditions ("Terms"). The Terms tell you what you can expect from Playground and the Services, and what Playground expects of you. Playground may amend the Terms at any time by posting any amended Terms on our website.

2. REGISTRATION OBLIGATIONS

When purchasing an activity, program, service or product through the Playground website you must register for an activity through our website. When completing the purchase and registration forms, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or Playground has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Playground has the right to suspend or terminate your purchase and notify the vendor regarding any registration and access to the Services or product. You are responsible for obtaining access to the Services, which access may involve third party fees (such as Internet Services provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Services. You will provide a password and email address as part of the registration process. You are responsible for maintaining the confidentiality of your password and email address, and are responsible for all activities that occur with your password and email address, including all purchases made by your account on the Services. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your account. You will immediately notify Playground of any unauthorized use of your account or any other breach of security.

3. PURCHASES

Playground will collect your address and credit card information if you elect to register in an event that is managed by Playground. When you provide credit card information to Playground, you represent to Playground that you are the authorized user of the credit card.

4. REFUNDS AND CANCELLATIONS

Once paid, all registration fees for Services and other events are non-refundable and cannot be canceled. Any complaints about the Services must be addressed directly with the third party Services provider.

5. PROHIBITED USES

You agree that you will not: a. impersonate any person, including a Playground employee or agent on the Services; b. violate any local, state, or national law through or on the Services; c. harass people through or on the Services; d. collect or store data about other people using the Services; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; g. use the Services in any manner other than as expressly authorized in the Terms; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Services; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

6. OWNERSHIP AND RESTRICTIONS

The license granted in these Terms does not constitute a transfer or sale of Playground's ownership rights in the information provided by Playground. Playground retains all right, title, and interest in and to the information including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of Playground’s information from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the Services, including Playground’s information, or your rights and obligations pursuant to the Terms. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Services, including Playground’s information, unless expressly authorized in the Terms.

7. CHILDREN

You may not register or use the Services if you are under 13 years old except with the permission of your parents. By registering and establishing an account with Playground via this website , you accept these Terms and you represent to Playground that you are at least 13 years old or have your parent's permission.

8. PRIVACY POLICY

Playground will not sell, rent, or otherwise make your personal information available to other people or organizations without your permission, except as may be required by law, and except in conjunction with the sale or transfer of Playground and its assets to another business. In the event that Playground or substantially all of its assets are acquired, member information will be transferred.

   a. What Information Is Collected?

The term "personally identifiable information" means any information that may be used to identify you, including, but not limited to, your name, address, email address, Internet Protocol address, phone number, billing information, or other contact information. We collect information from you when you register for an activity through our website and if you participate in an activity purchase that is managed by Playground. Below are the specific details on what, where, when, and why this information is collected and how it is used.

   b. Registration

You provide your name, email address and other information when you purchase or register for an activity through Playground. We do not share this information with any third parties except for the vendor through which the product or service is purchased.

   c. Purchase Information

If you complete an order form on the Playground website for Services offered by Playground, Playground will maintain that order information on secure servers on your behalf in order to fulfill the order, provide customer service, and maintain a history of your transactions viewable, by you, under the "My Orders" tab in your "My Account”

    d. Cookies

Cookies are small text files stored by your browser on your computer when you visit a website. We use cookies to improve our website and make it easier to use. Cookies permit us to recognize you and avoid repetitive requests for the same information. Most browsers will accept cookies until you change your browser settings to refuse them. You may change your browser's settings to refuse our cookies. However, if you do so, you may not be able access certain Co-op services.

   e. Use of Contractors

We retain the service of outside contractors and third parties to perform the Services. At times, we must disclose relevant personally identifiable information about you to these third parties for registration purposes. We require our contractors and third parties to keep this information confidential and to only use the information on our behalf.

   f. Email Communications

Periodically, we may send email to you if you have indicated a preference to receive news, updates, special offers, and other information relating to our Services. You may unsubscribe from these email subscriptions at the profile web page for your account on our website.

   g. Updating

Your Information If you desire to change or modify any of the information that you have previously provided to us, you may do so at the Account web page for your account on our website.

   h. Disclosures Required by Law

We reserve the right to disclose your personally identifiable information when we believe in good faith that an applicable law, regulation, or legal process requires it, or when we believe disclosure is necessary to protect or enforce our rights or the rights of another user.

   i. No Error-Free Performance

We do not guarantee error-free performance under this Privacy Policy. We may not always catch an unintended privacy issue, despite our efforts to do so. Accordingly, we welcome your feedback regarding any privacy concerns that you may have, including how we can improve our service generally. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it. We will not be liable for any damages, including incidental, consequential, or punitive damages, relating to the practices described in this Privacy Policy.

   j. Use of Photos and Videos

We retain the right to use a name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Playground at any activity, service, event or product purchased through the Playground website. By virtue of the use of the Playground website and purchase of a Product through the Playground website, the Purchaser agrees that Playground has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose including, but not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. The Purchaser is not entitled to receive any compensation, etc for the use of such pictures, etc., and hereby releases Playground and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.

9. USER WARRANTY

You represent and warrant to Playground: (a) that you have full power, authority, and legal capacity to enter into this Account and registration and follow its obligations; (b) you will provide complete and accurate information to Playground, including, but not limited to your email address; (c) the charges incurred by you will be honored by your credit card company.

10. INDEMNITY

You will indemnify and hold Playground, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services; your registration for an activity through Playground; your establishment of an account with Playground; your violation of these Terms; or your violation of any rights of a third party.

11. MODIFICATIONS TO SERVICES

Playground reserves the right at any time to modify or discontinue, temporarily or permanently, your account or registration or any part of it with or without notice. Playground will not be liable to you or to any third party for any modification, suspension, or discontinuance of the account or registration.

12. TERMINATION

This includes, but is not limited to, any dispute related to or arising out of: (a) any of the Terms or Playground's enforcement or application of the Terms; (b) any policy or practice of Playground, including the Privacy Policy, or Playground's enforcement or application of these policies; (c) the data available through your account or the Services; (d) your ability to access and use the Services; or (e) the amount or type of fees, surcharges, applicable taxes, and any Playground billing methods. Playground, in its sole discretion, may terminate your account or registration without notice if Playground believes that you have violated or acted inconsistently with the Terms. Playground will not be liable to you for termination of your account or registration for the Services. Sections "Ownership and Restrictions, "Children”, “Privacy Policy", "Indemnity”, "Modifications To Services", "Termination, "Trademark Information, " and " Arbitration" will survive the termination of the Terms, your registration and your account.

13. LINKS

Playground through its website may provide links to third party web sites. Playground has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or Services available from these sites. Playground will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or Services available through these sites. We are also not responsible for the privacy practices or the content of these third party websites or software. Please visit the privacy policies of these third party sites in order to understand their privacy and information collection practices.

14. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES AND REGISTRATIONS ARE AT YOUR SOLE RISK. THE SERVICES AND REGISTRATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLAYGROUND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICES. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYGROUND OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. LIMITATION OF LIABILITY

PLAYGROUND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYGROUND HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL PLAYGROUND'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE INCLUDING ACTIVITY REGISTRATIONS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PLAYGROUND IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TERMS.

16. TRADEMARK INFORMATION

Playground, the Playground logo, and other Playground logos, products and Services names are trademarks of Playground. You must not display or use them in any manner. The exception to this are the Playground 'buttons' provided for links back to the Playground website, which may be used on other web sites.

17. THIRD PARTY SERVICES PROVIDERS

Playground does not guarantee any product or service offered by a third party through Playground and will not in any way monitor any activity between you and the third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate and in particular, where your children are concerned. Playground also does not perform background screens of any kind on any third party vendors nor their employees, agents, teachers, or contractors and makes no warranties of the suitability of the activity for a child. Ultimately, each individual is responsible to do their own screening, background checks, or reference checks if they desire. In no case will Playground accept responsibility or liability for any experience you have as a result of using the website or registering for an activity through the web-site .

18. ARBITRATION

Any legal controversy or legal claim arising out of or relating to these Terms, any Services or any activity registration, excluding legal action taken by Playground to collect fees or recover damages for, or obtain an injunction relating to Playground's intellectual property or the Services, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Playground may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California necessary to protect the rights or property of you or Playground pending the completion of arbitration. Should either party file an action contrary to this provision, the prevailing party may recover attorney's fees and costs.

19. GENERAL INFORMATION 

Playground may provide notices to you pursuant to the Terms through email, regular mail, or by displaying conspicuous notices or links to notices to you on its website. These Terms constitute the entire agreement between you and Playground and governs your use of the website, superseding any prior agreements between you and Playground. You also may be subject to additional terms and conditions that may apply when you use other Playground products or Services. The Terms and the relationship between you and Playground will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Orange County, California. The failure of Playground to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the Terms is found to be invalid, the other provisions of the Terms will remain in full force and effect.