West Virginia Tri-Share
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
Welcome to Wonderschool Tri-Share Platform ("Tri-Share Platform"). Please read on to learn the rules and restrictions that govern your use of the Tri-Share Platform website(s), products, services, and applications (collectively, the "Services").
These Terms of Service (the "Terms") are a binding contract between you and Wonderschool, Inc. ("Wonderschool," "we," "our," and "us"). By accessing or using the Services in any way, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Services.
The Tri-Share Platform is a digital service that enables employers ("Users") to contribute to their employees' childcare expenses. The platform allows employers to add employees, designate contribution amounts, and set up automatic monthly payments via Stripe.
You must be at least 18 years old to use the Services. By registering for an account, you affirm that you are legally able to enter into this agreement.
To access the Services, you must create an account. You agree to provide accurate and complete information and to safeguard your account credentials. You are responsible for all activity that occurs under your account.
By submitting content or information through the Services (including employee data, payment information, or uploaded materials), you retain ownership of your content. You grant Wonderschool a non-exclusive, worldwide, royalty-free license to use, reproduce, process, store, and display your content solely for the purpose of providing the Services. You represent that you have all rights necessary to grant this license.
We take privacy seriously. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.
The Tri-Share Platform and all associated content, excluding User Content, are the property of Wonderschool and its licensors. You may not copy, modify, or distribute the platform or its components without our prior written consent.
The Tri-Share Platform facilitates the processing of employer contributions to employee childcare expenses. You are responsible for providing accurate payment information, including valid bank account details for automated monthly debits via Stripe. By using the Services, you authorize Wonderschool and its payment processing partners to charge your designated payment method for the contribution amounts you specify. All payment information is securely processed through Stripe's payment services.
We may suspend or terminate your access to the Services at any time if you violate these Terms. You may also delete your account at any time by contacting us. Upon termination, we may delete any data associated with your account, unless required to retain it by law.
The Services are provided "AS IS" without warranties of any kind. We do not warrant that the Services will be uninterrupted or error-free or that results obtained will be accurate. We disclaim all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, Wonderschool shall not be liable for indirect, incidental, or consequential damages. Our total liability for any claim shall not exceed $100 or the amount you paid us in the past 12 months, whichever is greater. Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.
You agree to indemnify and hold harmless Wonderschool from any claims arising from your use of the Services or violation of these Terms. This includes reasonable attorneys' fees, costs, and expenses.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Wonderschool and limits the manner in which you can seek relief from us. Both you and Wonderschool acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Wonderschool's officers, directors, employees, and independent contractors ("Personnel") are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
You and Wonderschool agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except for any claim for which applicable law prohibits arbitration agreements. To be clear: The phrase "all claims and disputes" also includes claims and disputes that arose between us before the effective date of these Terms. Any dispute about the enforcement, interpretation or validity of this arbitration agreement or its applicability to any particular dispute shall be resolved by the arbitrator pursuant to this arbitration agreement and not any court. The arbitrator shall also have exclusive authority to determine all threshold arbitrability issues, including whether the Terms are void, voidable, unconscionable or illusory and any defenses to arbitration, including waiver, delay, laches or estoppel.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of JAMS then in effect (these Rules may be obtained from Wonderschool or JAMS at 800-352-5267 or at https://www.jamsadr.com/rules-streamlined-arbitration/), by one commercial arbitrator with substantial experience in resolving intellectual property and/or commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, including equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Wonderschool at 548 Market St, PMB 92922, San Francisco, California 94104-5401 US, ATTN: Legal.
YOU AND WONDERSCHOOL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Wonderschool are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Wonderschool over whether to vacate or enforce an arbitration award, YOU AND WONDERSCHOOL WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Wonderschool further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Wonderschool will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. Wonderschool will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. CLAIMS OF MORE THAN ONE WONDERSCHOOL USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER WONDERSCHOOL USER, unless both you and Wonderschool otherwise agree in writing. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable in any dispute, neither you nor we are entitled to arbitration of the class or consolidated claims; instead all class and consolidated claims will be resolved in a court as set forth in the Governing Law and Venue section below and will be stayed pending the outcome of any individual claims in arbitration.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address: 548 Market St, PMB 92922, San Francisco, California 94104-5401 US postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your Account; and (3) a clear statement that you want to opt out of these Terms' arbitration agreement. If you send this opt-out notice, then the foregoing arbitration agreement will not apply to either party, except for the Governing Law and Venue section below.
Notwithstanding anything to the contrary, if we change the substance of this arbitration agreement, you have a right to opt out of the amended arbitration agreement within 30 days of the effective date of the amended arbitration agreement or, if later, our delivery of notice to you about the change, using the same opt-out notice procedure described above. If you send this opt-out notice in response to a change to the arbitration agreement, then the arbitration agreement in effect for you prior to the change will govern any claims or disputes between us.
This arbitration agreement will survive the termination of your Account, the Services, or your relationship with Wonderschool.
These Terms are governed by the laws of the State of California. Any disputes not subject to arbitration shall be resolved in courts located in San Francisco County, California.
We may update these Terms from time to time. We will notify users of significant changes, and your continued use of the Services constitutes acceptance of the revised Terms.
For questions or support, please contact: [email protected]