Terms and Conditions
Daycarematch.com Terms & Conditions:
Modifications to the Agreement
Daycarematch.com may make changes to the Agreement at any time in its sole discretion, and will post any such changes to http://www.daycarematch.com/agreement.asp regarding http://www.daycarematch.com herein referred to as “The Web Site”. Your continued use of The Web Site or purchase of subscriptions following the posting of changes constitutes your acceptance of any such changes.
If you have any questions or concerns with respect to the Agreement or The Web Site you may contact a representative of Daycarematch.com by e-mail ([email protected]) or by mail at:
Mercury Point Incorporated
14241 Midlothian Turnpike #162
Midlothian, VA 23113
Last updated 1/21/2013
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.
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, tortious, 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 Daycare
Persons seeking Daycare or other childcare related information contained in The Web Site understand that Daycarematch.com does not rate, endorse, recommend or otherwise vouch for the validity or accuracy of childcare information obtained from The Web Site. Furthermore, Daycarematch.com 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 daycare organization and its’ employees, independent or represented nanny, or any other childcare provider listed in The Web Site.
Protection of Intellectual Rights and License
You acknowledge that content available through The Web Site, including, without limitation, content in the form of text, graphics, software, and photographs, is protected by copyrights, trademarks, patents, and other proprietary rights and laws. Except as expressly authorized by Daycarematch.com herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on The Web Site or any content (including, without limitation, any software) available through The Web Site.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from The Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, redistribute, or sell content retrieved from The Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of Daycarematch.com. You may not affix any trademark, logo, or other proprietary information on this Web Site without the express written consent of Daycarematch.com. Any rights not expressly granted herein are reserved.
User Content and Correspondence
You acknowledge that Daycarematch.com does not prescreen Content, but that Daycarematch.com 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. Daycarematch.com 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, Daycarematch.com and its designees will have the right to remove any Content that violates the Agreement or that Daycarematch.com 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.
By posting Content to The Web Site or by transmitting Content using The Web Site, you (1) represent and warrant to Daycarematch.com that you have all necessary permission to post or transmit Content; and (2) grant to Daycarematch.com 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 Daycarematch.com 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 Daycarematch.com 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.
The Web Site is owned by Daycarematch.com. All right to, title to, and interest in the content displayed on The Web Site, including but not limited to The Web Site look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Daycarematch.com and its respective partners and agents.
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, Daycarematch.com 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.
Daycarematch.com 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. Daycarematch.com 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 Daycarematch.com OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Daycarematch.com BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Daycarematch.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Daycarematch.com, 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 Daycarematch.com 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 Daycarematch.com will not be liable for the consequences of doing so.
You agree that Daycarematch.com 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 Daycarematch.com, in its sole discretion, deems appropriate. You further agree that Daycarematch.com 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.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against Daycarematch.com
You agree that any claim or cause of action arising out of your use of The Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The Agreement and the resolution of any dispute related to the Agreement, The Web Site, or items you purchase through The Web Site shall be governed by and construed in accordance with the laws of Wisconsin, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Daycarematch.com and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Midlothian, County of Chesterfield, and you agree to submit to the personal and exclusive jurisdiction of such courts.