LocateKidCare Terms & Conditions:
Modifications to the Agreement
LocateKidCare may make changes to the Agreement at any time in its sole discretion. It is recommended that you periodically check back to this agreement as your continued use of The Web Site or purchase of accounts following the posting of changes constitutes your acceptance of any such changes.
Contact Information
If you have any questions or concerns with respect to the Agreement or The Web Site you may contact a representative of LocateKidCare by e-mail (contact@locatekidcare.com) or by mail at:
LocateKidCare
P.O. Box 46056
Madison, WI 53744-6056
Privacy
The information that we obtain through your use of The Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use The Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use The Web Site.
Electronic Communication
The information communicated via The Web Site constitutes an electronic communication. When you communicate with us through electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
User Conduct
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials ("Content") are the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of The Web Site.
You agree that you will not use The Web Site in any way to:
(1) post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy;
(2) post, disseminate, or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
(3) post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
(4) post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
(5) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;
(6) interfere with, disrupt, or harm in any way The Web Site, servers, or networks connected to The Web Site including disruption of information exchange between The Web Site and users of The Web Site;
(7) electronically harass any user of The Web Site;
(8) engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting, storing, and distributing information about other users without their permission, except as permitted by applicable law;
(9) use The Web Site for any illegal purpose;
(10) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law; or
(11) act as an agent for another person or persons in disseminating information contained in The Web Site and protected by this agreement.
Persons Seeking Childcare
Persons seeking childcare or other childcare related information contained in The Web Site understand that LocateKidCare does not rate, endorse, recommend or otherwise vouch for the validity or accuracy of childcare information obtained from The Web Site. Furthermore, LocateKidCare is not responsible for any injury and/or trauma, physical and/or emotional in nature, sustained at any time by children or minors in your guardianship by any childcare organization and its’ employees, independent or represented nanny, or any other childcare provider listed in The Web Site.
User Content and Correspondence
You acknowledge that LocateKidCare does not prescreen content, but that LocateKidCare and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via The Web Site. LocateKidCare reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, LocateKidCare and its designees will have the right to remove any Content that violates the Agreement or that LocateKidCare considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of The Web Site, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that LocateKidCare may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LocateKidCare, its users, and the public. Details regarding our use of personally identifiable information included in Content are set out in our Privacy Policy.
By posting Content to The Web Site or by transmitting Content using The Web Site, you (1) represent and warrant to LocateKidCare that you have all necessary permission to post or transmit Content; and (2) grant to LocateKidCare a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Storage of Content
You agree that LocateKidCare may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through The Web Site. You agree that LocateKidCare has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through The Web Site.
Disclaimer of Warranties With Respect to Use of Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOCATEKIDCARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
LOCATEKIDCARE DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. LOCATEKIDCARE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCATEKIDCARE OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnification
You agree to indemnify and hold harmless LocateKidCare, its directors, officers, employees, agents, co-branders, subsidiaries, parents, daycare providers, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of The Web Site; Content you submit, post, or transmit through The Web Site; your breach of the Agreement; and your connection to The Web Site.
Modification or Suspension of The Web Site
You agree that LocateKidCare may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of The Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that LocateKidCare will not be liable for the consequences of doing so.
Termination
You agree that LocateKidCare may, in its sole discretion, and at any time, terminate your use of The Web Site, and may remove or delete any or all of your Content within The Web Site, without prior notice to you for any reason that LocateKidCare, in its sole discretion, deems appropriate. You further agree that LocateKidCare will not be liable to you or to any third party for the consequences of any termination of your use of or access to The Web Site. In the event of any termination of your use of or access to The Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.