School Twist
INTRODUCTION
Welcome to School Twist, the all-in-one software solution for starting, organizing, and running after school enrichment programs.
This service includes a unique URL, access to our School Twist Catalog and School Twist Community applications, web hosting and any other optional fee-based services that may be available from time to time.
By registering, the individual or the organization identified as the Client Organization in the Site registration process will be assigned a unique URL, and its Authorized Users will have access to our School Twist applications and web hosting, and our other services as described in these Terms of Service. School Twist INC provides services to the Client Organization and its Authorized Users expressly subject to these Terms of Service, which we may update at any time with or without notice. The Client Organization and its Authorized Users can review the current version at https://www.schooltwist.com/terms-of-service.
THESE TERMS GIVE THE CLIENT ORGANIZATION, ITS AUTHORIZED USERS AND SCHOOL TWIST CERTAIN RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE TO THESE TERMS, THE CLIENT ORGANIZATION’S OR AUTHORIZED USER’S FAILURE TO PROMPTLY DISCONTINUE USE OF THE SITE AND SERVICES WILL BE DEEMED TO INDICATE ITS ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH CHANGES.
BY COMPLETING THE REGISTRATION PROCESS OR FORM AND CLICKING THE “I ACCEPT” BUTTON, THE CLIENT ORGANIZATION:
School Twist currently provides each Client Organization a unique URL and each Client Organization and its Authorized Users access to our School Twist course catalog and School Twist Community applications, web hosting and to any optional fee-based professional services and our other services available from time to time. The Services, all information, products and services contained or described in the Services or any Linked Sites, and the URL may be accessed and used solely by the Client Organization to which such URL is assigned and its Members, solely for purposes of managing their Organization’s programs, facilities, registrations, payments, membership and related data. School Twist INC may at any time Terminate the Services or any feature, or the Client Organization’s or it’s Authorized Users’ access as provided in Sections 4 and 5 hereof. All changes to the Services will be subject to these Terms.
To establish a School Twist course catalog the Client Organization must complete the Site registration process. The Client Organization must provide accurate and complete information upon Site registration contained in the Site registration form (the “Registration Information”) as well as accurate and complete billing contact information, (“Billing Information”) and promptly update the Registration and Billing Information so that it is always accurate and complete. The person who completes the Site registration is the initial Site Administrator (School Twist Director role) for the Site, and exercises certain options to initially determine the level of security for the Site. For example, s/he will determine who can be an Authorized User of the Site and the level of privileges that Authorized Users will possess. Each Site Administrator may designate other Authorized Users as additional and/or successor Site Administrators, and is responsible for confirming that such person(s) accept such responsibility. Upon becoming a site administrator, each person will be deemed to agree to the obligations of a Site Administrator hereunder. All notices from School Twist to the Client Organization will be given to the current Site Administrator(s) at the e-mail address(es) appearing on the Site. In addition, all notices and information sent by School Twist INC to Member Organizations and Authorized Users will be sent to their individual addresses. In its sole discretion, School Twist INC will determine the timing, nature, and content of all communications with Site Administrators and Authorized Users.
Upon registration, the Client Organization will select a Site Name. School Twist INC will make reasonable efforts to assign to the Client Organization the Site Name that it selects. However, we reserve the right to reject or terminate use of a Site Name, if it has been previously assigned to another Client Organization, or if School Twist INC in its sole discretion determines (a) the Site Name is offensive or its use violates applicable law, (b) the Client Organization is using a Site Name of another party with the intent to impersonate that party, (c) the Site Name contains, may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of any party, (d) the Client Organization has reserved more than five Site Names or Sites or (e) The Client Organization have created multiple “free trial” sites for the purpose of avoiding subscription fees. If School Twist INC rejects or terminates use of a Site Name because of a violation or threatened violation of this Section 3, it may elect, at its sole discretion and without prior notice: to select an alternate Site Name, to allow the Client Organization to promptly select another acceptable Site Name, and/or to Terminate as provided in Section 4 hereof. The Client Organization is entirely responsible for maintaining the confidentiality of the User IDs, the passwords, the Site and the information stored on the Site (collectively, the “Site Information”), and of all information that they transmit through the Services.
The Client Organization will notify School Twist INC immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security. School Twist INC will not be liable for any failure by the Client Organization to comply with this Section 3 or any other provision of these Terms.
School Twist INC, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, Site Name, any part or all of the Site, and/or the Client Organization’s access to and use of any part or all of their Site Information, the Services and/or the Site, and/or their rights under these Terms (all of the foregoing rights and actions to “Terminate” or a “Termination”), all at any time, including without limitation if (a) School Twist INC believes that the Client Organization has violated or is threatening to violate these Terms or other policy of School Twist INC, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) School Twist INC believes that the Client Organization has accessed or is attempting to access any part of the Services or Content without authorization, or the Site, Site or Personal Information of any other Client Organization, (c) the Client Organization assigns its rights to the Site or the Site Name, (d) School Twist INC discontinues the Services or any part thereof for any reason. School Twist INC reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. School Twist INC will not, however, provide any such information to any third party unless required by law or court order.
A Termination described in Section 4(a), (b), (c), or (d) may be made with or without notice and will be effective immediately. In the event of Termination, School Twist INC may remove and/or permanently delete from its servers all of the Client Organization’s Site Information, Site Information and Personal Information and all backup copies. School Twist INC may (but will not be required to) remove from its servers and/or permanently delete all such Information and/or all backup copies thereof, without further notice and without any liability of School Twist INC to the Client Organization or any third party. Notwithstanding anything in these Terms to the contrary, if School Twist INC reasonably believes that the Client Organization has violated or is threatening to violate applicable law or the provisions of Section 4(b) or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, School Twist INC may, without any notice, refer the Client Organization to appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Site Information as otherwise provided herein. If a Client Organization is the subject of a Termination described in this Section 4, they may not re-register for or continue to use the Services in any manner or for any reason. If the Client Organization wishes to terminate its Site and use of the Services, it must notify School Twist INC by sending an email to: [email protected]
School Twist INC will provide the means for creating the Site. We will make commercially reasonable efforts to ensure that the quality of the service we provide is of at least prevailing industry standards, and that access to the Site is available on a 24 x 7 basis. However, although School Twist INC will use all reasonable efforts in good faith to avoid interruption of the Service, the Client Organization acknowledges and agrees that access to the Services, Site and Site Information may be unavailable from time to time for any reason, including without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by School Twist INC and any operators of our servers.
We offer free support alternatives. These include free online help and free email support for all Members, and chat support. To use the Services, the Client Organization and Members must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Client Organization may access the Services and the Site only by means of the interface provided by School Twist INC. Although the Services and Site are generally accessible worldwide, access may not be available to all persons or in all locations. School Twist INC reserves the right to limit access to the Site or the Services by any Client Organization, or person, or from any location. The Services may contain links to other World Wide Web sites of School Twist INC’s partners, affiliates, and providers of content or services to School Twist INC in delivering the Services or to its Client Organizations as part of the Services (collectively, “Third Party Providers”) and to other resources and sites (all such sites collectively, “Linked Sites”). Such links are provided for the convenience of the Client Organization and its Members only, and are not reviewed, monitored or controlled by School Twist INC. School Twist INC does not endorse, is not responsible for and makes no representation or warranty concerning the reliability or availability of these Linked Sites or the accuracy, reliability, completeness or authenticity of their contents, advertising or products, and is not responsible for webcasting or any transmission received from any Linked Site. Use of Linked Sites is subject to the privacy policies, terms of service and other conditions applicable to such Sites. Any concerns regarding any Linked Site or its content, products or services should be directed to the administrator or webmaster of such Linked Site.
All materials published by School Twist INC and its Third Party Providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any Linked Sites (collectively, the “Content”) are the property of or controlled by School Twist INC or the party credited as the provider of the Content.
The Client Organization and its Members will respect all proprietary rights of School Twist INC and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained therefrom.
All fees are payable in US dollars. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (Client Organization).
During completion of the site subscription, one person is designated as the responsible contact for purposes of billing and payment of fees (the “Primary Contact”). The Primary Contact is not personally liable for the site fees, nor are individual site members. The obligation to pay fees rests with the Client Organization. The Primary Contact may, however elect to furnish a personal credit card for the purpose of paying site fees in which case the furnishing of such information is considered his/her authorization for School Twist INC to use the card for any and payments related to the site. The Primary Contact may be changed by any site administrator directly through the site.
School Twist INC reserves the right to increase the fees it charges for access by the Client Organization and its Members, provided, however, that School Twist INC will provide no less than thirty (30) days advance notice to existing Clients of its intention to do so. For existing customers, fee increases are only applicable when renewing Service Agreement at the end of current billing cycle.
Fees for other services that may be offered in the future are also charged in accordance with the prices in effect at the time of purchase, or renewal.
School Twist respects the privacy of its Client Organizations and Members. Please read our Privacy Statement at https://www.schooltwist.com/privacy which forms part of these Terms.
School Twist INC and/or it’s partners regularly backs up Site Information stored on the Site, and stores the same for a limited time. Subject to the limitations set forth in Sections 4 and 5 hereof, upon the Client Organization’s request and payment of the then-current fee, we will make reasonable efforts to restore Site Information. School Twist INC will have no liability for any failure to back up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.
THE SERVICES, CONTENT, SITE, THIS WEBSITE, LINKED SITES, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION, SERVICE AND PRODUCTS ADVERTISED, PURCHASED, OBTAINED OR ACCESSED THROUGH THEM OR ANY THIRD PARTY PROVIDER (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED “AS AVAILABLE” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHOOL TWIST INC EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, (B) ANY WARRANTIES THAT THE MATERIALS WILL MEET THE Client ORGANIZATION’S OR ITS MEMBERS’ REQUIREMENTS OR EXPECTATIONS, OR WILL BE RELIABLE, TIMELY, QUICK, CONSISTENT, SECURE, COMPLETE OR FREE OF ERRORS, INACCURACIES, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) ANY WARRANTIES CONCERNING THE USE OR THE RESULTS OF USE OF ANY OF THE MATERIALS.
THE CLIENT ORGANIZATION ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS AND ITS MEMBERS’ USE OF THE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SCHOOL TWIST INC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) PERFORMANCE, USE, INABILITY TO USE, MISUSE OR PROVISION OF THE MATERIALS, OR ANY FAILURE, DELAY, INTERRUPTION, SUSPENSION, CHANGES OR TERMINATION THEREOF, OR THE COST OF PROCURING SUBSTITUTES THEREFOR, (B) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR INFORMATION IN THE MATERIALS, (C) FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION OR UNAUTHORIZED ACCESS TO OR ALTERATION OR USE OF THE MATERIALS OR THE CLIENT ORGANIZATION’S OR MEMBERS’ TRANSMISSIONS, DATA, OR PERSONAL, REGISTRATION OR SITE INFORMATION, (D) ANY LOSS OR INTERRUPTION OF DATA, TRANSMISSIONS OR PERSONAL, REGISTRATION OR SITE INFORMATION RESULTING FROM NETWORK, SERVER OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON, (E) ANY INFRINGEMENT OF RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS), (F) STATEMENTS OR CONDUCT OF ANY PARTY USING THE MATERIALS, OR (G) ORDER FULFILLMENT, CUSTOMER SERVICE, BILLING OR ACCOUNT COLLECTION BY A THIRD PARTY PROVIDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCHOOL TWIST INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CLIENT ORGANIZATION’S AND ITS MEMBERS’ SOLE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE, THE SITE AND THE SERVICES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENT ORGANIZATION AND/OR ITS MEMBERS.
The Client Organization and its Members agree, to the extent allowed under federal law, to indemnify and hold School Twist INC, its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys’ fees, arising directly or indirectly out of (a) the Client Organization’s or its Members’ use of or connection to the Services, this Website, the Site, or the Materials, (b) Site Information or other information transmitted or stored by the Client Organization or its Members through or on the Site or the Services, (c) activities in connection therewith, or (d) the Client Organization’s or its Members’ breach of this Agreement or violation of the rights of any other party.
The Services, this Website, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Client Organization or its Members through the Services by School Twist INC or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of School Twist INC, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to School Twist INC through this Website, in writing, by e-mail or otherwise to School Twist INC will be the property of School Twist INC and School Twist INC will have all rights therein without any obligation to compensate the Client Organization or its Members. All Site Information will remain the sole property of the Client Organization, its Members or any party with rights therein. Any rights not expressly granted herein are reserved.
The Client Organization agrees that no joint venture, partnership, employment, or agency relationship exists between the Client Organization or its Members and School Twist INC as a result of these Terms or use of or access to the Services, Content or Site. These Terms and the relationship among the Client Organization, its Members and School Twist INC are governed by and construed in accordance with the laws of the State of Massachusetts and the United States of America without regard to conflict of law provisions. The Client Organization and its Members hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Middlesex County, Massachusetts, U.S.A. in all disputes arising hereunder or out of or relating to the use of or access to the Services, Content or Site, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Use of or access to the Services, Content and Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. If any part of these Terms is determined by a court to be invalid, unenforceable or contrary to applicable law, then such provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the other provisions of these Terms will remain in force and effect. These Terms incorporate by reference all notices and policies contained on this Website, and constitute the entire agreement between the Client Organization, its Members and School Twist INC with respect to this Website, the Services, Content and Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between the Client Organization, its Members and School Twist INC with respect to this Website, the Services, Content and Site. Any failure of School Twist INC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The Client Organization and School Twist INC agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services, Content or Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
By registering and accepting these Terms, the initial Site Administrator (School Twist Director role) on behalf of the Client Organization and all its Members, and each Member on its individual behalf, hereby represents and warrants to School Twist INC that: a. s/he is the duly authorized Site Administrator of the Client Organization and has the authority and legal capacity to register and accept these Terms on behalf of the Client Organization and to bind the Client Organization thereto, and/or to register and accept the same on his/her own behalf and to be bound thereby; b. all Members are at least 18 years of age, or are at least thirteen (13) years of age and have parental permission to use and access the Services; c. (i) the Client Organization and its Members are eligible to establish a Site and to become Members, (ii) the Client Organization and its Members accept and agree to be bound by these Terms, and the Client Organization will take all steps necessary to ensure that its Members so accept and are bound by the same, without limitation or qualification, and (iii) the Client Organization and Members will regularly review these Terms, and in the event of any change, the Client Organization’s or Member’s failure to promptly discontinue use of the Services and Site as provided in Section 4 hereof will be deemed to indicate the agreement of the Client Organization, on its own behalf and on behalf of its Members, and of its Members to accept and be bound by such changes.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to School Twist INC, 30 Hawthorne St, Belmont (USA); email: [email protected].
Your organization owns the data. We just act as the caretaker for it. School Twist does not share or sell any personally identifiable information about your organization or its members. Please see our privacy statement for more details.
All trademarks, service marks and logos used in this Website are the property of their respective owners. All contents of this Website are the property of School Twist INC. Copyright ©2022 School Twist INC. All Rights Reserved.
