Last Updated: 8/27/2024
In consideration for accessing and using www.offdayskids.com (the “Site”) and the Site's services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Terms of Service (these “TOS”) and the Privacy Policy located at: [HYPERLINK] (the “Privacy Policy”). The terms of these TOS and the Privacy Policy apply to, and govern, your use of all webpages and content contained within the Site and your relationship with Offdays, LLC (“Offdays,” “us,” “we,” or “our”).
You understand that the terms of these TOS and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOS and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.
If you disagree with any modification to the TOS or Privacy Policy, you must notify Offdays, LLC in writing within the ten-day (10) time period described above and immediately discontinue use of any Site services.
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Offdays may charge you for services in conjunction with using the Site, including, but not limited to, booking events, activities, and classes for your children. We may assess and collect from you fees, surcharges, or other supplemental payments required of or imposed on Offdays by any governmental, regulatory, or financial institution or entity. Payments for purchases made through the Site must be made using a valid credit card or debit card. All payments will be processed by our payment processing vendor, Stripe, and by providing your payment information, you agree to the terms and conditions of the our third party payment processor.
In conjunction with each payment you make through the use of the Site, you warrant that the payment information you provide is true, correct, and up-to-date (e.g., valid credit card information). Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services. You also understand and agree that you are solely responsible for ensuring prompt payment of all fees owed as a result of your use of the Site, and that Offdays is under no obligation to retain, preserve, or otherwise maintain your information, account, or services associated with your account if your account is in default.
Your debit or credit card on file will be charged per activity booked through the Site. Additionally, depending on the services you have booked, your payment method may also be charged on a monthly or annual basis in accordance with the terms of your subscription.
If you would like to view your payment history, please log into your account. You may access it from within your member profile by going to “Account,” then “Billing,” and finally “Billing History.”
All fees paid to Offdays or otherwise associated with your use of the Site are non-refundable.
To further the integrity of the services provided through the Site or otherwise, all users are limited to one account per person. Similarly, all companies are limited to one account per company. Users who violate this policy may have all of their accounts suspended or terminated.
Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
You are responsible for maintaining the security of your Offdays Site account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Offdays Site account. You also agree that Offdays is not responsible for any unauthorized use of your Offdays Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into you Site account, Offdays will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Offdays.
You further agree to promptly notify Offdays of any security breach relating to your Site account. Such notices should be sent to: Privacy@offdayskids.com.
Offdays encourages all Site users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.
You agree that all information you provide through the Site or otherwise to Offdays is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to Privacy@offdayskids.com.
Failure to provide such updated information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your account.
You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Site or otherwise to Offdays. You further warrant that to the extent you provided personal data about a third party through the Site or otherwise to Offdays, you provided that third party with notice about the Site's TOS and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.
You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOS and the Privacy Policy. You agree to not use the Site services or anything related to the Site services or any other services offered by Offdays for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the Site and any Site services include:
1. Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
2. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
5. Use any metatags or any other “hidden text” utilizing any part of the Site or Offdays’ name, service or trademarks or trade dress without the express written consent of Offdays;
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
9. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
11. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
12. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
14. Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
15. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
16. Any attempt to reverse engineer or reconstruct any portion of the Site;
17. Share your login information or allow third parties to utilize your login information to access any part of the Site; or
18. Engage in any acts or omissions that Offdays believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to Offdays you will adhere to all applicable State and Federal laws and regulations.
If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these TOS and the Privacy Policy.
We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOS or any other obligation to Offdays. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOS and the Privacy Policy: (i) your failure to abide by any provision of these TOS and the Privacy Policy; (ii) your failure to pay any amounts due to Offdays; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by Offdays.
If any of the foregoing events occurs and we deem it a material breach by you of these TOS and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Offdays is not obligated to send any such notice of default and may immediately suspend or terminate your Site account or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.
If you are a customer using the Site or any Site services, you consent to Offdays using your name and business name in advertising and promotional materials related to Site services.
You agree that you are of legal age and authority to enter into and be bound by the terms of these TOS and the Privacy Policy. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Offdays.
Offdays reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Offdays will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.
Offdays is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Offdays' control.
You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Offdays or its licensors and is protected by United States and international copyright laws.
You also grant Offdays a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services.
OFFDAYS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF OFFDAYS, OFFDAYS DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. OFFDAYS DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF OFFDAYS, OFFDAYS PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH OFFDAYS.
OFFDAYS DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE'S USERS' COMPLIANCE WITH LAW. OFFDAYS IS NOT RESPONSIBLE FOR THIRD PARTIES' UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE'S SERVICES ARE INVOLVED.
The Site is intended for information purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third- party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Offdays shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Offdays provides email support for Site customers. Support can be reached by sending an email to Privacy@offdayskids.com. Offdays attempts to respond to customer inquiries within two (2) business days.
As a user of the Site, you agree to release, indemnify, defend and hold harmless Offdays and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOS or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by Offdays to you, your use of any services of the Site or provided by Offdays or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if Offdays receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Offdays for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Offdays may have in law or equity.
You agree that Offdays shall have the right to participate in the defense of any claim asserted against Offdays or involving the Site. You also agree that Offdays shall be entitled to retain a counsel of Offdays’ own choosing at your cost. You further agree to notify Offdays of your knowledge of any claim against Offdays or involving the Site. You agree to cooperate fully with Offdays during such proceedings.
If you provided payment information to Offdays and sums are due and owing from you to Offdays and you are in default of your obligations under these TOS, you authorize Offdays to deduct any sums due and owing from your payment source(s) so long as Offdays provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOS.
Offdays, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.
By using the Site and Site services provided through the Site by Offdays under these TOS and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these TOS and the Privacy Policy. You also agree to be bound by all amended terms and conditions of these TOS and the Privacy Policy. These terms of these TOS and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.
If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these TOS or the Privacy Policy, you may inform Offdays in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. Offdays may, but is not obligated, to conduct an investigation into the allegations. Offdays reserves the right to remove accounts, content, or postings that from the Site Offdays, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Offdays be liable to you for your failure to retain necessary records, nor will Offdays’ retention or non-retention of records act to alleviate your duty under the law.
You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOS or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, Offdays may delete all information related to you on or within the Site and may bar your access to and use of Site services.
You authorize Offdays and its sponsors and affiliates to communicate with you to the full extent allowed by the Offdays’ Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the Site or Offdays. If you do not wish to receive bulk e-mail notices or announcements from Offdays, please send us an e-mail at the e-mail address listed below. To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.
Notices that you send to us must be delivered via first class mail to the following address:
Offdays, LLC
PO Box 860007, Shawnee, KS 66286-0007
You may also send us notices via e-mail to: Privacy@offdayskids.com so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.
All purchases made through the Site are deemed made within the State of Kansas.
The terms and conditions of these TOS and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Kansas, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these TOS and the Privacy Policy was a contract wholly entered into and wholly performed within Kansas.
You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these TOS, the Privacy Policy, or related to the Site or Site services provided by Offdays to you shall be brought and maintained exclusively in the state or Federal courts located in Johnson County, Kansas. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Johnson County, Kansas for the purpose of any such litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.
You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Offdays related to the Site, these TOS, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Offdays within the six (6) months prior to when your first claim first arose, or $100, whichever is less. IN NO EVENT SHALL OFFDAYS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH OFFDAYS MAY BE RESPONSIBLE.
Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Offdays must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOS OR THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOS.
You agree that as a material provision of these TOS, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOS and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
You may not assign any of your rights or delegate any of your duties under these TOS without the prior written consent from Offdays. Any attempt by your creditors or another third party to obtain an interest in your rights under these TOS or the Privacy Policy is voidable at Offdays’ option.
Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Offdays in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Offdays’ election to not assert its rights under these TOS shall not preclude Offdays from asserting its rights in the future.
If any provision of these TOS or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.
If Offdays prevails in any action, suit, or proceeding arising from or based upon these TOS, Offdays shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
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. The additional Privacy Policy Supplement for California Residents can be accessed by clicking here: [HYPERLINK].
Offdays, LLC
PO Box 8600007
Shawnee, KS 66286-0007