PlanMyKids User Terms
Last Updated: January 13, 2022
Welcome to PlanMyKids, the website and online service of PlanMyKids, Inc. ( "PlanMyKids," "we", "us" or “our'' ). To start, we'd like to let you know that this page explains and governs the terms by which you may use our online services, website, and software provided on or in connection with the service (collectively the "Service" or “Services”). Please read these terms carefully before accessing our Service as they constitute a legally binding contract between you and PlanMyKids. By accessing and using our Service, you are accepting these Terms of Service (“Terms”) as a customer (“you”, “your”) of the Service and agree to a legally binding agreement between you and PlanMyKids. We've tried to make Terms simple and fair, but if you don't agree with them, we kindly ask that you please do not use our Service. We will miss you!
Changes to our Service
Our Service is grounded in our mission and guided by your needs. How we accomplish our mission may change over time. We realize that your needs are going to evolve as well and, therefore, so will our Service. Our Terms may need to be modified to reflect these changes and we reserve the right to do so. You will find any material modifications here and we'll indicate by date at the top of the page here when these changes occurred. By continuing to access or use our Service after the effective date of the modifications, you understand and agree to the changes. Onwards and upwards!
Privacy
We want to earn your trust and confidence which is why we value your privacy. In order to provide our Service in a meaningful way you will be asked to provide some personal information about yourself and your family. This information will be governed by our privacy policy which can be found here.
Use of Service
The Service allows you to receive a tailored itinerary of activities including, but not limited to, residential, day and virtual camps, afterschool programs, teams, groups, events and other child enrichment programs (''Program Activities”) offered by independent program providers (“Program Providers”) based on preferences requested and submitted by you. We would like to make clear that PlanMyKids is not an operator of Program Activities.
While we make every effort to ensure the information provided to you is accurate and up to date, you are ultimately responsible for checking your itinerary to make sure that suggested Program Activities and the Program Provider information (“Provider Content”) associated with them is accurate.
The information you provide to us when using the Service is considered your content (“Customer Content”). We make no claim of ownership rights over Customer Content. However, by providing this Customer Content you agree to allow us to use this Customer Content in order to provide the Service.
The Service allows, at your direction, the ability to share your itinerary and other CustomerContent; such as comments, reviews, activity interests, dates of interest, name and email address with others for planning purposes. This makes the Service more awesome, but if we determine that you're using the Service in a manner that we consider objectionable, in violation of these Terms or harmful to the Service, we reserve the right to put our foot down at any time and, without prior notice, to remove Customer Content. So be good.
Since there is Provider Content and Customer Content, we thought it only fair that PlanMyKids have content (“PlanMyKids Content”). This includes any information created solely by us for use of the Service on our website, resource blog, newsletters and other communications.
The Service allows you to receive a tailored itinerary of activities including, but not limited to, residential, day and virtual camps, afterschool programs, teams, groups, events and other child enrichment programs (''Program Activities”) offered by independent program providers (“Program Providers”) based on preferences requested and submitted by you. We would like to make clear that PlanMyKids is not an operator of Program Activities.
While we make every effort to ensure the information provided to you is accurate and up to date, you are ultimately responsible for checking your itinerary to make sure that suggested Program Activities and the Program Provider information (“Provider Content”) associated with them is accurate.
The information you provide to us when using the Service is considered your content (“Customer Content”). We make no claim of ownership rights over Customer Content. However, by providing this Customer Content you agree to allow us to use this Customer Content in order to provide the Service.
The Service allows, at your direction, the ability to share your itinerary and other CustomerContent; such as comments, reviews, activity interests, dates of interest, name and email address with others for planning purposes. This makes the Service more awesome, but if we determine that you're using the Service in a manner that we consider objectionable, in violation of these Terms or harmful to the Service, we reserve the right to put our foot down at any time and, without prior notice, to remove Customer Content. So be good.
Since there is Provider Content and Customer Content, we thought it only fair that PlanMyKids have content (“PlanMyKids Content”). This includes any information created solely by us for use of the Service on our website, resource blog, newsletters and other communications.
Eligibility
To use our Service you represent that you are at least 18 years old or of legal age in your jurisdiction (if different than 18) to form a binding contract or you have received permission from a parent or legal guardian who agrees to these Terms. Any use of our Service by anyone under 13 years of age is strictly prohibited and in violation of these Terms. If you're under 13 years of age, stop now and go tell your parents about us.
Account Creation
In order to use certain features of our Service, you will be asked to create a free account (“Free Account”) or paid account (“Paid Account”). While giving you access to some awesome features, it comes with great responsibilities. For instance, you are responsible for maintaining the confidentiality of your account password. Don't get duped; we recommend using “strong” passwords. You are also responsible for all activities that occur in connection with your account. If you're suspicious someone is using your account, you agree to notify us immediately of this unauthorized use of your account. We hope we never have to, but, if we determine that you're using the Service in a manner that we consider objectionable, in violation of these Terms or harmful to the Service in our sole discretion, we reserve the right to close your account at any time and without notice. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor of Customer Content. You may not be a poser or impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. In other words; just be you. If you create an account using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
By providing your email address you consent to our using your email address to send you Service-related notices, content and offers. You may choose to opt out of these communications. But be aware, opting out may prevent you from receiving important communications about Service-related notices, content and offers which could be sad.
In order to use certain features of our Service, you will be asked to create a free account (“Free Account”) or paid account (“Paid Account”). While giving you access to some awesome features, it comes with great responsibilities. For instance, you are responsible for maintaining the confidentiality of your account password. Don't get duped; we recommend using “strong” passwords. You are also responsible for all activities that occur in connection with your account. If you're suspicious someone is using your account, you agree to notify us immediately of this unauthorized use of your account. We hope we never have to, but, if we determine that you're using the Service in a manner that we consider objectionable, in violation of these Terms or harmful to the Service in our sole discretion, we reserve the right to close your account at any time and without notice. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor of Customer Content. You may not be a poser or impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. In other words; just be you. If you create an account using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
By providing your email address you consent to our using your email address to send you Service-related notices, content and offers. You may choose to opt out of these communications. But be aware, opting out may prevent you from receiving important communications about Service-related notices, content and offers which could be sad.
Payment
Service Fees
If you choose to sign-up or upgrade to a Paid Account, you understand that will be charged an applicable fee (minus any discounts) (the “Fee” or “Fees”) described on our pricing packages page and based on the particular subscription you choose. The subscription period for Paid Accounts can be month-to-month or yearly. All Fees, including fees incurred for renewal, are non-refundable, except at our sole discretion and in accordance with the Terms. PlanMyKids reserves the right to establish, remove and/or revise Fees for any or all services obtained through the use of the Services at any time in PlanMyKids' sole discretion.
Renewal and Cancellation
Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account at any time by contacting us at help@planmykids.com. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the Service any longer.
Payment Provider
We use a third-party payment provider to process payments (“Payment Provider”). By submitting your payment information to or through a Payment Provider, you authorize us to charge the applicable Payment Method for your payment and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your financial institution agreement governs your use of the designated Payment Method.
Payment Methods
When you provide a payment method or add a payment method to your Paid Account, you will be asked to provide billing information such as name, billing address, and financial institution information either to PlanMyKids or our Payment Provider. You authorize PlanMyKids and/or our Payment Provider to collect and store your Payment Method information and you agree to keep it current. You agree to pay all charges incurred by users of your credit card or other form of payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You agree that you will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payments to Program Providers
Your interactions with Program Providers found through our Service, including payment and delivery of goods or services, and any other terms, condition, warranties or representation associated with such dealings, are solely between you and the Program Providers; even when those interactions are performed with your authorization by PlanMyKids on your behalf. You agree that PlanMyKids shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.
Suggestions and Improvements
We want to hear from you. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, sell, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against PlanMyKids and its users any claims and assertions of any moral rights contained in such Feedback.
We want to hear from you. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, sell, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against PlanMyKids and its users any claims and assertions of any moral rights contained in such Feedback.
Things your parents would say
You are prohibited from contributing any Customer Content, using the Service or interacting with the Service for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. You agree NOT TO do or assist anyone else in doing the following:
You are prohibited from contributing any Customer Content, using the Service or interacting with the Service for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. You agree NOT TO do or assist anyone else in doing the following:
I. Violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
II. Violate the Terms
III. Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
IV. Harass, abuse insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
V. Submit false or misleading information
VI. Upload or transmit viruses or other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
VII. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
VIII. Reverse engineer any portion of the Service;
IX. Collect or track the personal information of others;
X. Spam, phish, pharm, pretext, spider, crawl or scrape the Service;
XI. Use for any obscene or immoral purpose;
XII. Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
XIII. Use the service for any commercial solicitation purposes
These actions deserve a time out and we reserve the right to terminate your use of the Service for violating any of the prohibited uses in our sole and complete discretion.
These actions deserve a time out and we reserve the right to terminate your use of the Service for violating any of the prohibited uses in our sole and complete discretion.
Things Our Lawyers Would Yell
Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PLANMYKIDS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT ANY OF THE FOLLOWING: (i) THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (iii) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (v) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. PLANMYKIDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PLANMYKIDS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PLANMYKIDS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT ANY OF THE FOLLOWING: (i) THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (iii) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (v) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. PLANMYKIDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PLANMYKIDS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We provide these third-party links for your convenience but are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be direct to the applicable third-party.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PLANMYKIDS INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM HARMLESS, INCLUDING COSTS, LIABILITIES AND LEGAL FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO (I) YOUR ACCESS TO OR USE OF THE SERVICE, (II) YOUR VIOLATION OF THE TERMS, (III) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICE, OR (IV) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. PLANMYKIDS WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
Are your ears ringing?