Creative Caterpillar LLC Terms And Conditions
Collection Of Data
Your use of this website and our services, whether in a child care center, school, studio or other setting, is your express consent to the use of any data given to us in perpetuity for the purposes outlined herein.
Use of Registration and Contact Forms
Creative Caterpillar LLC provides a variety of online forms on this site designed for your convenience and to speed the process of various activities with which you voluntarily engage us, such as registering your child for events and classes. If, at any time, you prefer to register through a paper method or via phone, please contact us. If you do choose to use our forms, do not use any text fields to enter credit card data or any other secure or privileged data, except where indicated. Although we do permit you to provide your credit card to us for billing purposes, fields for that purpose are expressly and clearly marked, and the form is designated as secure (identified by the use of the https qualifier at the beginning of the web page name). If, at any time, you believe you may have or be at risk of having compromised your personal information through our website, please contact us immediately. While we make every effort to provide a secure online experience, at all times you remain responsible for the security of your information submitted online.
Method Of Payment
We do not accept checks or cash as payment. Do not give funds to either your center or the Dancercise instructor. A valid credit card on file with us is a pre-requisite of participation. If you have problems with your credit card, contact us – we may be able to arrange temporary alternative payment arrangements..
Refunds, Changes & Cancellation
In order to reduce the cost of collecting funds and managing delinquencies, we bill for classes in advance. In order to help you manage your commitment to us, we provide an e-mail notification of forthcoming charges. Those charges are then applied to your credit card around the 15th of the month. For example, on or around the time of initial registration, you receive an email confirmation welcoming you to the program and outlining ongoing charges. You have until the 14th of each month to notify us of any changes to your situation for the upcoming month. On or around the 15th, charges will be billed to your credit card to pay for the following month's classes. No refunds will be issued after that point, so any cancellation will take effect once your paid classes are completed. We do not issue credits for missed classes unless you notify us in writing (e.g. via e-mail) prior to the month’s billing (e.g. if you expect to miss a class in October, you must notify us prior to the billing on September 15th). Our class calendar is already planned to account for holidays such as Thanksgiving in order to ensure that each child receives four classes per month to equal 48 classes in a calendar year, versus weekly classes. Curriculum months may or may not fall entirely within calendar months in order to accommodate these holidays over the course of a full curriculum year. If our instructor misses class for any reason, or the center has to change the date or time of the class, class time will be made up on an alternative date or by adding class time onto remaining classes.
Credit Card Declines or Payment Failures
Should your credit card be declined, we will follow up with you for payment. Should we be unable to reach you for payment via phone or e-mail, we will send you a letter. After multiple unsuccessful attempts to contact you we may send you to a collections agency, whereupon you will be liable for any and all costs associated with the collection of debt, including the agency’s fees which can often double the outstanding debt. If you receive notification from us that your card was declined, please contact us promptly to make alternative arrangements for payment.
Notifications
You must contact our office in writing (via e-mail) regarding any changes to your account (such as cancellation). We do not accept third party cancellation notices (this means you can’t expect the child care center or the Dancercise instructor to pass on your expectations). Thank you for your cooperation.
Creative Caterpillar LLC Website Terms of Use
Website Use
This Website is owned and provided by Creative Caterpillar LLC and is provided for your personal entertainment, information, and education. Your use of this Website is subject to the following terms and conditions. Your use of the Website constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms or if you do not agree to our Privacy Policy posted on this site, please do not use this Website or any services offered by this Website. We reserve the right to change these terms and conditions at any time without notice. Please check back often to ensure you are aware of any updates or changes to these terms.
International Use
Unless otherwise specified, the materials in this Website are presented for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials in the site are appropriate or available for use in other locations. If you access the site from locations other than the United States, you are responsible for compliance with any applicable local laws.
Copyright and Intellectual Property Policy
The content of this website is the sole responsibility of Creative Caterpillar LLC. All names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by Creative Caterpillar LLC. Specifically, Dancercise, Dancercise Kids, the Dancercise logo and all curriculum, music and related content for the Dancercise Kids Curriculum are the exclusive property of Kids Fun, Inc. Dancercise and Dancercise Kids are registered trademarks of Kids Fun, Inc. The use or misuse of these trademarks or any other content on this site, except as provided in these Terms of Use or in the site content, is strictly prohibited. You may print copies of the information on this site for your personal use, store the files on your computer for personal use, or reference this server from your own documents. However, you may not distribute text or graphics to others without our express written consent. Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights. Your use of the Website is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Website Content for public or commercial purposes without our written permission for such use of Content. Creative Caterpillar LLC respects the intellectual property of others, and we ask our users to do the same. We have no responsibility for content on other websites that you may find or access when using our products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not this Website’s Terms of Use, govern your use of that material. It is our policy, in appropriate circumstances and at our sole discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Kids Fun, Inc., Dancercise Kids Music, asseT Productions and/or others.
User Submitted Content
From time to time, this Website may allow users to post text, images, audio, video, links to other sites, or other content to the Website. As a consequence, you may see materials that have been submitted to this site by individuals not affiliated with Creative Caterpillar LLC. Neither Creative Caterpillar LLC nor any of its affiliates or employees endorses these individuals nor are we in any way associated with any of the materials that they may post on this Website or link to from this Website. Neither Creative Caterpillar LLC nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Creative Caterpillar LLC Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By e-mail
Disclaimer
Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE(S) OR THE SERVERS MAKING THE SITE(S) AVAILABLE ARE VIRUS FREE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Your use of the Website is at your risk. Neither Creative Caterpillar LLC nor any of its affiliates, employees or owners will be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Website and however caused, whether in contract or tort. If you become dissatisfied in any way with this Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using this Website and its services. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Creative Caterpillar LLC and its affiliates shall not exceed fifty dollars ($50).)
Links
This Website may contain Links allowing you to leave this Website for other sites that are not under our control. We are not endorsing any such Linked sites. We are not responsible for the contents or transmission of any Linked Site or any Link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.
Submitted ideas
All comments, suggestions, ideas, notes, drawings, concepts, recipes or other information disclosed or offered to us by you through this Website or in response to solicitations in this Website shall be deemed and shall remain our property. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the suggestion or comments to suggestions and that we are only willing to consider the suggestion on these terms. In any event, any suggestion is not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the suggestions of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the comments for any purpose whatsoever, commercial or otherwise without compensation to the provider of the suggestions.
Privacy Policy
We take your privacy and particularly that of the children we serve very seriously. Any information you share with Creative Caterpillar LLC will not be shared with any other entity except when doing so is materially necessary to the performance of functions related to delivering the services which you are choosing to consume or use. In the performance of such functions, we share only the information required for the successful execution of the functions in question. We do not sell, trade or publish in a public forum any of the information you share with us.
Credit card information is not retained in any form by Creative Caterpillar LLC, but is maintained within the secure servers of Authorize.net, our secure payment gateway partner. Authorize.net provides us with a Payment Profile ID, which we use to process charges through Authorize.net’s secure payment gateway.
Choice of Law and Enforcement
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Wisconsin without regard for conflict of law provisions.
Agreeing to Terms
If you do not agree to these Terms of Use or the Privacy Policy posted on the Website, please do not use this site or any services offered by this site. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. Your use of our Website indicates acceptance of all terms.
Contact Information
You may send your comments to us via e-mail.