Terms of Use - Parents
Effective October 2013
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS OF USE (the “TERMS" or “AGREEMENT”) SET FORTH THE TERMS AND CONDITIONS UNDER WHICH INDIVIDUALS RESIDING IN THE UNITED STATES MAY USE The Child Care Square, LLC SITE AND/OR The Child Care Square, LLC SERVICES. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS WEB SITE.
THE WEB SITE YOU ARE ACCESSING (THE "SITE") IS PROVIDED BY THE CHILD CARE SQUARE, LLC.
These Site Terms apply exclusively to your access to, and use of, the Site so please read them carefully. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.
The Child Care Square, LLC’s SERVICES AND COMMITTMENT
The Child Care Square, LLC’s mission is to provide parents and legal guardians with a streamline and time-efficient method of securing child care. At The Child Care Square, LLC we are committed to helping families fulfill their child care needs by providing a variety of options and choices in obtaining care for their children. However, in providing these services we neither endorse, recommend or warrant any individual, company or agency whom provides child care, nor do we provide any services that requires a professional license. Additionally, the care providers associated with this Site are not employees or agents of The Child Care Square, LLC, nor is The Child Care Square, LLC an agent of the care providers.
NO ENDORSEMENT; NO AFFILIATION; NO GUARANTEES
Prior to including any care provider in our database, we confirm their licensing status with their respective state licensing agency. All care providers must be currently licensed and in good standing with their respective state licensing agency. Beyond confirming their licensing status, we exercise no judgment as to the quality of any provider, nor do we endorse or recommend any of the care providers affiliated with our Site. Accordingly, The Child Care Square, LLC assumes no responsibility for the conduct of, or quality of the services provided by any individual provider or center-based care facility. The Child Care Square, LLC is not owned by or affiliated with or related in any way with any of the providers associated with our Site.
RELEASE FROM DAMAGES OR CLAIMS
Should you have a dispute with any parent, you must address such dispute with that individual directly. YOU HEREBY AGREE TO RELEASE The Child Care Square, LLC (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PARENTS AND/OR GUARDIANS.
USER RESPONSIBILITY
By using this site you hereby agree to make every reasonable effort to contact the parent(s) who you have purchased a lead for within 72 business hours from the time you purchase such leads. If you are not able to fulfill this requirement do not purchase leads from this site.
PRIVACY AND CONSENT TO COMMUNICATIONS
We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Site or providing information to us, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us and/or the parents and/or guardians associated with this Site, whether by phone, mobile phone, email, mail or otherwise.
INFORMATION YOU PROVIDE TO US
Upon using The Child Care Square, LLC, you will be prompted to disclose certain information about the child care services you provide, and you will be able to store information on our website. Some of this information will be sent to parents and/or guardians who will need this information to contact you regarding care for their child. By providing this information to us you expressly consent to being contacted by us or parent and/or guardians via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our Site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by providing us your information, you are entering into a business relationship with The Child Care Square, LLC and thus agree to be contacted by The Child Care Square, LLC. You further agree that all information you provide (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or The Child Care Square, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Child Care Square, LLC has the right to refuse any current or future use of The Child Care Square, LLC’s services (or any portion thereof) by you. You are responsible for any use of The Child Care Square, LLC’s services by persons to whom you intentionally or negligently allow access to your password.
SUBMISSIONS
By using this Site you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding The Child Care Square, LLC or the Site, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
USE OF SITE; LIMITED LICENSE AND PROHIBITED USES
You are granted a limited, non-sublicensable license to access and use the Site and all content, data, information and materials included in the Site (the "Site Materials") solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or service any of the Site Materials. Further, you will not use the Site or any of the Site Materials other than for their intended purpose or in any way that is unlawful, or harms The Child Care Square, LLC. Without prejudice to the foregoing, you may not engage in the practices of "screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web "bots" or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.
HYPERLINKS
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Websites accessible by hyperlinks from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
THIRD PARTY PRODUCTS AND SERVICES; THIRD-PARTY CONTENT
We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party who advertises their goods or services through the Site. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent or warrant that any third party who places advertisements on the Site is licensed, qualified, reputable or capable of performing any such service.
DISCLAIMER
THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. The Child Care Square, LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE. IN ADDITION, The Child Care Square, LLC IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY SERVICE PROVIDER OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES). NO ORAL OR WRITTEN INFORMATION FROM The Child Care Square, LLC OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. The Child Care Square, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, The Child Care Square, LLC DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL The Child Care Square, LLC BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF The Child Care Square, LLC.
LIMITATION OF LIABILITY
IN NO EVENT WILL The Child Care Square, LLC OR ITS AFFILITATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS.
TERMINATION
We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.
APPLICABLE LAW AND VENUE
These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
GENERAL TERMS
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Sites.
COPYRIGHT, TRADEMARK AND PATENT NOTICES
Portions of the Sites are protected by The Child Care Square, LLC intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of The Child Care Square, LLC and are protected by U.S. and international copyright laws. The Child Care Square, LLC name, and any The Child Care Square, LLC products and services slogans or logos referenced herein are either trademarks or registered trademarks of The Child Care Square, LLC in the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. If you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to The Child Care Square, LLC, P.O. Box 23012 San Jose, Ca. 95123 Attn: General Counsel. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement. The parties have required that the Site Terms and all documents relating there to be drawn up in English.
