Accessible Activities Terms of Use

Last Updated: 2/22/2022

     Definitions

“Institution” means a school, school district, educational entity, clinic, private practice or extra-curricular activity program. 

Privacy Policy” means this policy, which describes how Accessible Activities collects and uses personal information provided by users of this Website. 

“Subscribers” means users of this Website that have a User Account. 

“Subscription and Cancellation Policy” means this policy, which provides subscription options to access the Website and the Website content. 

“Third Party Resources” means content on other websites linked to by this Website.

“Website” means this website and the content on this website.

  • Overview

Accessible Activities, LLC (“Accessible Activities”) offers this Website to its customers and other users of this Website (“you”), subject to these Terms of Use (“Terms”). These Terms, along with the Privacy Policy and Subscription and Cancellation Policy which are incorporated by reference, constitute an agreement (“Agreement”) between you and Accessible Activities. 

By entering this Agreement, you represent that you are eighteen (18) years of age or the age of majority in your jurisdiction. Be advised that this is a legal, binding contract and if you are under the age of majority in your jurisdiction, or otherwise lack legal capacity to enter into a contract based on the laws in your jurisdiction, you may not enter into this Agreement. 

You further represent that you understand (1) the meaning and effect of the words comprising this Agreement, (2) the meaning of Agreement as a whole, and (3) the consequences of entering into this agreement. You also represent that a court has not appointed someone to be your legal guardian.

Please read these Terms carefully before accessing or using the Website. Proceeding to access or use any part of the Website indicates that you acknowledge and agree to be bound by this Agreement. If you do not agree to these Terms, do not access or use the Website. 

  • User Accounts 

The Website contains general information about Accessible Activities and its programs that is accessible to all users. To access exclusive content, such as the “Minute Masters” library of educational videos, you must create a User Account. Accessible Activities determines which content is accessible to all users and which content is reserved to Subscribers. These Terms apply to all Website users.

For additional information regarding User Accounts, please see the Subscription and Cancellation Policy.

  • Website Access and Use

 Accessible Activities may restrict your access and use of the Website, depending on the type of User Account and plan you create. Accessible Activities offers two types of User Accounts: (1) Individual Accounts and (2) Multiple License Accounts: 

  1. Individual Accounts: Individual Accounts are for individuals, like parents, caregivers, educators or therapists, people who care for or work with those who seek to benefit from this Website. There are five different types of Individual Account plans. Your access to and use of the Website depends on which type of plan you have. 
    1. Caregiver Plan. A Caregiver Plan grants you access to this Website for your own private, non-commercial use. You are permitted to access and use this Website for your immediate family members and other individuals who depend on you for caregiving. You may only share your User Account with co-caregivers of the same individuals you care for.
    2. Educator Plan. An Educator Plan grants you access to this Website for your own use within one or more educational Institutions. You may access and use this Website for any number of students in any number of Institutions. You may not share your User Account with other educators nor use your User Account outside your educator role. An Institution may not use your User Account without you being present. 
    3. School Therapist Plan. A School Therapist Plan grants you access to this Website for your own use within educational Institutions, including schools, after school programs and educational summer programs. You may access and use this Website for any number of students in any number of Institutions. You may not share your User Account with other educators or therapists. An Institution may not use your account in your absence. 
    4. Private Therapist Plan. A Private Therapist Plan grants you access to this Website for your own private use in clinics and private practices. You may access and use the Website in multiple private locations, whether or not the private locations are part of the same clinic or private practice. This Plan may only be used by you. For an Account that can be shared among co-workers and colleagues, please purchase an Institution Account, not an Individual Account. 
    5. Extra-Curricular Provider Plan. An Extra-Curricular Provider Plan grants you access to this Website for your own private use in out-of-school organized programs, such as camps, dance classes, community center programs, church programs, adult day care programs, birthday parties, and after care programs. You may access and use this Website for any number of individuals in any number of programs. You may not share your User Account with any other individual, including other extra-curricular program providers. No one may use your User Account in your absence.
  2. Multiple License Accounts. Multiple License Accounts are for groups of educators, therapists, or other professionals who wish to use the Website for their students, members, patients, or constituents, within one or multiple schools, similar educational entities, clinics, private practices, or extra-curricular activity programs. Multiple License Accounts may only be purchased for use in one Institution, but they may be used in multiple locations and by multiple groups of individuals affiliated with that Institution for Institution-related activities. Multiple License Subscribers may access and use the Website only for the benefit of the Institution that the User Account was established for. You may not provide the Website content, in any form, to anyone for use out of the Institution. By creating a Multiple License account, you represent that you are authorized to act on behalf of the Institution to enter into this Agreement.

Accessible Activities grants the right to access and use the Website subject to compliance with these Terms. This grant is non-exclusive, non-sublicensable, and non-transferable. You may not access or use the Website for any unauthorized purpose. If you are unsure whether a purpose is authorized, please contact us at [email protected]

Accessible Activities may:

  1. Deny you a User Account if it reasonably believes that you will violate these Terms or that you lack legal capacity to agree to these Terms; and
  2. Deny you access to certain content features of the Website, if the feature is being updated or for any other good faith purpose.

 Limited Use

All activities discussed or listed on this Website require adult supervision. You must not leave children unsupervised while they are using the Website, completing an activity listed on this Website, or participating in any program that Accessible Activities offers.

This Website is only intended for access and use by audiences inside the United States and overseas. Accessible Activities does not represent that this Website (including content and functionality) is appropriate for use outside the United States. If you access or use the Website from outside the United States, it is at your own risk and initiative. You are responsible for compliance with applicable local laws while using the Website. Accessible Activities will not be held responsible or liable in any way for use of the Website outside of the United States. 

Notwithstanding this section, Accessible Activities offers its Website to users in the European Economic Area (EEA) and it is dedicated to adhering to the General Data Protection Regulation (GDPR) to protect the rights of Website users in the EEA. For more information, please see the Privacy Policy

  • Prohibited Uses

Without written consent from Accessible Activities, you may not: 

  1. Reproduce, duplicate, distribute, sell, resell or exploit any portion of the Website, including its content and functionality.
  2. Use the Website, including its content and functionality, in a way that could damage, disable, or overburden the Website server or connected network.
  3. Attempt to gain unauthorized access to the Website content.
  4. Transmit any worms, viruses, or codes that will disrupt the Website.
  5. Use software robots, spiders, crawlers, data mining, or other automatic device or process to access or use the Website, or to gather or extract data from the Website.
  6. Use the Website content for a purpose that is unlawful 
  7. Claim any personal or professional connection to Accessible Activities or that you are a franchisee or business related to Accessible Activities.

You may create a link to the general Website on a different website but you may not link any content. Linking to this general Website is only authorized for informational purposes. You may not represent or imply that you have any connection to Accessible Activities, the Website, or any content on the Website. This includes representing or implying that you created the Website or own the Website. 

  • Website Content

The content on this Website is provided to you as a service. It is intended for general information only. Reliance on the Website content is at your own risk. Accessible Activities does not represent or warrant that the Website content is accurate, complete or current. Accessible Activities disclaims all liability and responsibility arising from any reliance on the Website, by you, and by anyone who may be shown or informed about any of its content. 

  • Website Links 

The Website may contain links to Third Party Resources. Third Party Resources are for your convenience only. If you use these links, you will leave the Website. Accessible Activities has no control over Third Party Resources. Accessible Activities does not endorse or make any representations about Third Party Resources, or any information, software, products, or materials found therein. This Agreement does not apply to Third Party Resources. If you decide to access any Third Party Resources from this Website, you do so entirely at your own risk and subject to any terms of use from such third parties. Accessible Activities disclaims all liability and responsibility arising from any use of Third Party Resources.

  • Rights To The Website and Website Content

The Website is owned by Accessible Activities. Accessible Activities reserves all rights to the Website. The Website content, including music, dances, other original movements, and videos, is exclusively owned by Accessible Activities or licensed to Accessible Activities, and is subject to copyright protections. You are not authorized to broadcast, reproduce, distribute, display, adapt, modify, translate or create derivative work from Website content, regardless of whether the content is owned by Accessible Activities or licensed to Accessible Activities through an independent contractor or other third party. 

You may not create, recreate, publicly perform dances or other original movements on the Website. You may not represent or imply that you have created the content on the Website. You may not video or record yourself performing any Website movement content for any public display, publication or broadcast, although you may record and share such a video if (a) it is only shared through social media posts and (b) it does not include any complete exercise or activity taught, discussed, or demonstrated on the Website.  

All names, logos, designs, and scripts including, without limitation, “MINUTE MASTERS” are trademarks owned by Accessible Activities or trademarks owned by a third party that has granted Accessible Activities permission to use the mark on the Website. You are not authorized to use any mark appearing on the Website, whether it is owned by Accessible Activities or a third party. Accessible Activities may take action against you if you infringe on its intellectual property rights or the intellectual property rights of a third party who owns the content presented on the Website. 

  • Forum Submissions

The Website has a “contact us” forum and a “feedback” forum. If you submit content through a forum, you agree that Accessible Activities may use that content at any time and without restriction. Accessible Activities is under no obligation to maintain confidentiality of or to compensate you for content you submit through the forums. By submitting content through the forums, you represent that the content does not violate a right of any third party. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Accessible Activities as to the origin of any content you submit.  

  • Disclaimer Of Warranties

The Website is provided to you “as is” without any representation, warranties, or conditions of any kind, either express or implied. Your use of, or inability to use, the Website is at your sole risk. 

Accessible Activities does not guarantee, represent or warrant:

  1. That your use of the Website will be uninterrupted, timely, secure, or error-free;
  2. Any specific results from your use of the Website or its content;
  3. That the Website is free from viruses or other technologically harmful material that could infect your computer equipment, computer programs, data, or other proprietary material.
  4. That the product and services provided through the website are suitable or safe for all users.
  • Modifications 

Accessible Activities may  modify the Website content at any time but it has no obligation to modify the Website content. Accessible Activities is not liable to you or to any third party for any modification, suspension, or discontinuation of the services provided on the Website.  Any new features or tools which are added to the current Website shall also be subject to these Terms. 

  • Indemnification and Limitations on Liability 

You agree to indemnify, defend, and hold harmless Accessible Activities and its partners, agents, contractors, licensors, service providers, owners, and employees, from all third party claims, liabilities, losses, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to your access or use of the Website or violation of these Terms. This includes both foreseeable and unforeseeable claims, liabilities, losses, expenses, and fees. 

Neither Accessible Activities nor any party involved in creating, producing or delivering the Website is liable for any direct, indirect, incidental, consequential, special, or punitive damages stemming from your access, use, or inability to use the Website. This includes all personal injury, pain and suffering, emotional distress, and loss of profits, whether caused by tort, breach of contract, or otherwise, and whether caused by accessing or using the Website or occurring when replicating any activity contained or listed on this Website. In addition, Accessible Activities does not represent that any activities, available in its Website, will “cure” various physical and behavioral diagnoses on children. Accessible Activities’ liability is limited to the maximum extent permitted by law.

  • Waiver

No waiver of any term set out in these Terms is an effective waiver unless it is in writing and executed by the waiving party. Accessible Activities’ failure to enforce a right or provision under these Terms does not constitute a waiver of such right or provision nor a waiver of any other term. 

  • Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision must be limited to the minimum extent required.  The unenforceable portion(s) shall be deemed to be severed from these Terms and unenforceable portion(s) shall not affect the validity and enforceability of any other remaining provision. 

  • Entire Agreement

The Agreement constitutes the entire agreement between you and Accessible Activities, and supersedes all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and Accessible Activities.

  • Governing Law and Jurisdiction 

All matters relating to these Terms, and any dispute or claim arising therefrom or related to the Website or the content on the Website, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule in any other jurisdiction. 

All matters relating to processing Website Users’ information is governed by the privacy laws set forth in the Privacy Policy. For more information, please see the Privacy Policy.

Any dispute or claim arising from these Terms or related to the Website or the content on the Website, must be made within one year of when the dispute or claim accrued, and must be brought according to the dispute resolution procedure described in Section 18 of this Agreement. You agree to waive objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  • Dispute Resolution Procedure 
  1. If a dispute, controversy, or claim (each a “Dispute”) arises under this Agreement, including without limitation any claims you might have against Accessible Activities in connection with the Website or your use of the Website and any claims Accessible Activities might have against you in connection to your use of the Website, the following procedures must be followed. 
  2. The parties must first attempt to resolve the Dispute through mediation, administered by the American Arbitration Association (“AAA”). 
    1. Applicable Rules. The parties agree to attempt to resolve the Dispute through such mediation, pursuant to the Mediation Procedures of the AAA in effect at the time of the Dispute. If the AAA mediation service is no longer available for any reason at the time of the Dispute, the parties agree to mutually agree upon an alternative, comparable service. 
    2. Commencing Mediation. A mediation is commenced once the party with the Dispute (a) notifies the other party of its intent to commence mediation and (b) files for mediation with the AAA, according to the AAA’s Mediation Procedures.
    3. Good Faith. The parties agree to reasonably cooperate with a mediation and use good faith during the mediation.
    4. Fees. All fees for mediation will be split equally between the parties. 
    5. Confidentiality. All communications, work product, memoranda, and case files about the Dispute, whether communicated before, during, or after the mediation service, shall remain confidential. Both parties are responsible for maintaining confidentiality. All such communications are governed by New York Civil Practice Law and Rules § 4547 and Federal Rules of Evidence Rule 408 and are not admissible in New York State courts and federal courts. Notwithstanding the foregoing, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. 
    6. Equitable Relief. Either party may seek equitable relief (such as an injunction) prior to or during the mediation, in order to preserve the status quo and protect its interests during the process.
    7. Settlement. Following mediation, parties shall memorialize the resolution by entering into a settlement agreement.
  3. If a resolution is not reached within sixty (60) days after a mediation is commenced, either party may commence a neutral, binding arbitration administered by the AAA before a single arbitrator of the AAA.  If the parties do not agree on a location for arbitration, it shall take place in Nassau County, New York. The arbitrator will be selected by application of the rules of the AAA, or by mutual agreement of the parties, within fifteen (15) days of the commencement of the arbitration. A party may not commence an arbitration that does not conform to this Agreement at any time. 
    1. Applicable Rules. The AAA’s Commercial Arbitration Rules in effect at the time of the Dispute shall apply to the arbitration. The arbitrator shall apply the substantive law of the State of New York.
    2. Commencing Arbitration. Arbitration is commenced once the party with the Dispute (a) notifies the other party of its intent to commence arbitration and (b) files a case with the AAA, according to the rules described in the AAA’s Commercial Arbitration Rules.
    3. Good Faith. Each party shall cooperate with the arbitrator in all reasonable respects and participate in good faith wherever required.
    4. Fees. Each party is responsible for paying AAA filing, administrative and arbitrator fees in accordance with AAA rules. 
    5. Arbitrator Award. The arbitrator will render an award and a written opinion in support of the decision. Such award shall include the costs related to the arbitration and reasonable attorneys' fees and expenses to the prevailing party. The arbitrator also has the authority to grant provisional remedies, including, without limitation, injunctive relief, and to award specific performance.
    6. Waiver. The parties waive, to the fullest extent permitted by law, any rights to appeal, or to review of, any arbitrator's award by any court. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction within sixty (60) days of the arbitrator’s award. 
    7. Confidentiality. All communications, work product, memoranda, and case files about the Dispute, whether communicated before, during, or after the mediation service, shall remain confidential. Both parties are responsible for maintaining confidentiality. 
  4. Disputes are not to be litigated by the parties. 
  5. This Dispute Resolution Procedure applies to all Website Users. The Dispute Resolution Procedure is enforceable in jurisdictions that are participants to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. 
  6. This Dispute Resolution Procedure section of these Terms shall survive after the Agreement terminates or your relationship with Accessible Activities ends.
  • Changes to the Terms

Accessible Activities may update, change, or replace any part of these Terms at any time. All modifications will be effective immediately upon posting the new version to the Website. The most current version of these Terms will always be available at this page. You agree to review these Terms periodically to be aware of any modification. Your continued use of or access to the Website will constitute your acceptance of any modification. 

  • Termination

You may terminate your Agreement by refraining from using the Website at any time. Otherwise, these Terms are effective unless and until they are removed from the Website.

Accessible Activities may terminate, suspend or discontinue any functionality or feature of the Website or your specific use of the Website at any time, with or without notice, upon belief that you failed to comply with these Terms. You will remain liable for all payments due up to and including the date of termination. 

  • Survival 

 Following termination of this Agreement, the provisions set forth in this Agreement which reasonably are intended to survive the termination shall survive, including but not limited to the following provisions: (a) Section 6 7. Website Content; (b) Section 7 8. Website Links; (c) Section 8  9. Rights To The Website and Website Content; (d) Section 10. Forum Submissions; (e) Section 11. Disclaimer Of Warranties; (f) Section 12. Modifications; (g) Section 13. Indemnification and Limitations on Liability; (h) Section 14. Waiver; (i) Section 15. Severability; (j) Section 17. Governing Law and Jurisdiction; (k) Section 18. Dispute Resolution Procedures. The Privacy Policy also survives termination of this Agreement. 

  • Contact Information

If you have questions about these Terms, you may contact Accessible Activities at [email protected]