Terms and Conditions for KIDazzle Childcare Inc.
Terms
By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality, and services offered on or through this website, web page, client portal, or mobile application, or KIDazzle Childcare Inc.’s e-mails, texts, posts, and other electronic messages (collectively, referred to as the “Site”), users are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and are responsible for compliance with any applicable local laws. If any user does not agree with any of these terms, they are prohibited from using or accessing this Site. The Site and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by KIDazzle Childcare Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, as applicable. KIDazzle Childcare Inc. reserves the right to withdraw or amend the Site, and any service or material provided on the Site, at its sole discretion without notice. KIDazzle Childcare Inc. will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
Use License
Permission to use and access this Site is the grant of a limited license, not a transfer of title, and the limited license to use or access the Site shall automatically terminate if any user violates any of these restrictions and may be terminated by KIDazzle Childcare Inc. at any time for any reason or no reason.
When using or accessing the Site, users may not:
● Modify or copy any material or Services;
● Use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
● Attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
● Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
● Remove any copyright or other proprietary notations from the material; or
● Transfer the materials to another person or entity or “mirror” the material on any other server.
Posting Content
In these Terms and Conditions of Use, “Content” shall mean any audio, video, text, images, or other material, including comments or feedback, users choose to post on or submit to KIDazzle Childcare Inc. via the Site. With respect to Content, by posting it in a way that is visible to the public, users grant KIDazzle Childcare Inc. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it on the Site and in any and all media. Content must be original and must not infringe on any third party’s rights or violate any of the restrictions in the subsection below. KIDazzle Childcare Inc. reserves the right to remove any Content from the Site at any time, and for any reason, without notice.
Without limiting the foregoing, users agree not to use, or permit to be used, any messaging capabilities or any Services on the Site that permit text entry or the uploading or posting of audio, video, or images to post, transmit, or disseminate any:
● Unsolicited material to persons or entities that have not agreed to receive such material or to whom the user does not otherwise have a legal right to send such material;
● Material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers;
● Material or data that is illegal, harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of KIDazzle Childcare Inc. and/or its third-party service providers;
● Material or data related to illegal drugs or pharmaceuticals;
● Material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to KIDazzle Childcare Inc.’s equipment or facilities and/or those of any third party; or
● Material or information that is false or misleading, or likely to mislead or deceive.
Permission to use and access this Site is the grant of a limited license, not a transfer of title, and the limited license to use or access the Site shall automatically terminate if any user violates any of these restrictions and may be terminated by KIDazzle Childcare Inc. at any time for any reason or no reason.
Disclaimer
Users understand that KIDazzle Childcare Inc. cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. KIDAZZLE CHILDCARE INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT A USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. KIDAZZLE CHILDCARE INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, KIDAZZLE CHILDCARE INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.
Limitation of Liability
IN NO EVENT WILL KIDAZZLE CHILDCARE INC., ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON THE SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
Users agree to defend, indemnify, and hold harmless KIDazzle Childcare Inc., its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to violation of these Terms and Conditions of Use and use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms and Conditions of Use or use of any information obtained from the Site.
Revisions and Errata
The materials appearing on the Site could include technical, typographical, or photographic errors. KIDazzle Childcare Inc. does not warrant that any of the materials on the Site are accurate, complete, or current. KIDazzle Childcare Inc. may make changes to the materials contained on the Site at any time without notice. However, it does not make any commitment to update the materials.
Links
KIDazzle Childcare Inc. has not reviewed all of the third-party websites linked to by the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KIDazzle Childcare Inc. of the third-party website. Navigation to and use of any such linked website is at the user's own risk.
Site Terms of Use Modifications
KIDazzle Childcare Inc. may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, users are agreeing to be bound by the then-current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to the Site shall be governed by the laws of the State in which KIDazzle Childcare Inc. is headquartered without regard to its conflict of law provisions. Users agree that any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the federal or state courts located in the location of KIDazzle Childcare Inc.’s headquarters.
Entire Agreement
These Terms and Conditions of Use, along with the Privacy Policy and any other relevant document or agreement expressly incorporated herein, constitute the sole and entire agreement between KIDazzle Childcare Inc. and users with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
Mobile Messaging Service Terms & Conditions
KIDazzle Childcare Inc.’s Mobile Messaging Service may be provided by a third-party provider and is subject to the following terms and conditions.
User Opt-In:
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in. By opting in, you agree that these Terms apply to your participation. Messages may be sent using autodialer technology and user consent is not a condition of purchase.
Program Description:
Users that opt into the Program can expect to receive messages from KIDazzle Childcare Inc. regarding alerts, reminders, events, updates, promotions, and other communications relevant to users.
Cost and Frequency:
Message and data rates may apply. Frequency of messages will vary by user interaction.
Support/Contact:
For support, users may respond to any mobile message from KIDazzle Childcare Inc. or contact us using the information provided on our Site.
Opt-Out:
To stop receiving messages, reply “STOP” to any message to the number you received messages from, or contact KIDazzle Childcare Inc. by other means as specified on the Site.
MMS Disclosure:
If your mobile device does not support MMS, Program will deliver messages via SMS.
Disclaimer:
The Program is offered “as is.” KIDazzle Childcare Inc. is not liable for any delays or failures in the receipt of any messages, which are dependent upon effective transmission from your carrier. Not all mobile devices or handsets may be supported, and delivered messages may vary.
Privacy Policy:
KIDazzle Childcare Inc. respects your privacy. Information you provide will be used only to transmit mobile messages and respond, if necessary. We do not sell, rent, or otherwise transfer your phone number or information to third parties for their marketing uses. However, we reserve the right to disclose any information as necessary to comply with the law or protect our rights.
Dispute Resolution:
Any dispute, claim, or controversy relating to your participation in the Mobile Messaging Service will be resolved through binding arbitration, and not in court, in accordance with the laws of the state in which KIDazzle Childcare Inc. is headquartered.
Miscellaneous
Users represent and warrant that they have all necessary rights, power, and authority to agree to these Terms and perform their obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place them in breach of any other contract or obligation.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect.
Any new features, changes, updates, or improvements to the Site or Mobile Messaging Program will be subject to these Terms unless explicitly stated otherwise.
KIDazzle Childcare Inc. reserves the right to modify these Terms at any time. Any material updates will be communicated to users through the Site or other appropriate means. By continuing to use the Site or Program after any such changes, you accept these Terms as modified.
Contact Information
If you have any questions, concerns, or requests related to these Terms and Conditions, please contact KIDazzle Childcare Inc. using the information provided on the Site.
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