Welcome to the Daycare Spots website and mobile application! The Daycare Spots team thrives on creativity, connecting our community of parents, daycare providers, job seekers, and vendors, and helping you to find the right resources for your child or business. We are your all in one daycare solution platform. To become part of our community, you must read through and accept the following legal terms and conditions.
Some areas of the Services are hosted or provided by our third-party hosts or service providers and are subject to additional terms and conditions of use, which are posted within those areas on such third parties’ websites. Daycare Spots may refuse to offer the Services to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
Through our Services we offer a network that helps parents find daycare centers that fit their needs; facilitates communication between daycare providers, parents, job seekers and vendors alike; and allows Users to share photos, leave reviews, or to customize information about services they provide. Our Services are only available to business entities and individuals at least 18 years of age who can form legally binding contracts under applicable law.
Users of our Services include individual users such as parents seeking child care services (collectively, “Parents”), or job seekers looking for employment opportunities in child care (collectively, “Job Seekers”), daycare facilities and companies offering child care services to parents, employment to job seekers, and requesting maintenance or related business operations assistance from vendors (collectively, “Daycare Providers”) and companies and other third parties offering products and services related to business operations and maintenance of daycare facilities (collectively, “++Vendors”) (all of the foregoing, including Parents, Job Seekers, Daycare Providers, and Vendors, are referred to collectively, herein as “Users”). Certain areas of the Services may provide a place for Parents to interact with Daycare Providers or Vendors and to make tour reservations, ask questions, or book services that a Daycare Provider or Vendor offers. Other areas of the Services may be focused on connecting Job Seekers with Daycare Providers or providing a place for Daycare Providers and Vendors to interact.
You represent and warrant that you are an individual of legal age to form a binding contract. If you are agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.
As a Parent, you acknowledge that while we use techniques to help verify the identity of Daycare Providers and to request tours, or to verify the identity and connect with Vendors, when they register for an account or subscriptions on our Services, we cannot and will not guarantee each Daycare Provider’s or Vendor’s identity, capabilities, that it has obtained all required permits, licenses or consents, background checks, or that it complies with all applicable laws. We do not endorse any particular Daycare Provider or Vendor nor do we guarantee the quality of their goods or services. We cannot and will not guarantee or be liable for any accident, injury, harm, or criminal act which may occur to you or your child(ren) as a result of your use of any Daycare Provider’s or Vendor’s goods or services. You should use our Services as a starting point for identifying organizations that provide the products and services you need, then conduct your own research to ensure the service providers you choose to do business with are appropriate for you. For the avoidance of doubt, this includes any Requests for tours or information that you may submit to a Daycare Providers or the safety of you or your children at any Daycare Provider’s facility. We are not responsible for nor can we guarantee, for instance, that the Daycare Provider will respond to your Requests, if your tour or service experience will be of a certain quality, if the services described on our Site meet the Daycare Providers actual service offerings, or that your child will not be injured on a playground at a Daycare Provider’s facility. You request tours, ask questions, and engage in services at your sole discretion and risk.
b. Job Seekers / Job Listings or Employment Opportunities
As a User, you acknowledge that we while we may provide the opportunity for Daycare Providers and Vendors to post job listings and for Job Seekers or Users to respond to or solicit such employment opportunities, we cannot and will not guarantee each Job Seeker’s, Daycare Provider’s or Vendor’s identity, capabilities, the legitimacy or availability of any job listing, a Job Seeker’s ability to perform the job, or that any job listing complies with all applicable laws. You should use our Services as a starting point for identifying employment opportunities, then conduct your own research to ensure the potential employer or employee you choose to connect with or do business with are appropriate for you. For the avoidance of doubt, this includes any Requests for interviews that you may submit. We are not responsible for nor can we guarantee, for instance, that a User will respond to a Request or that a User will be hired for a particular, or any, employment opportunity. You post job listings, employment opportunity descriptions, or resumes, and interact with other Users for employment opportunities at your sole discretion and risk.
c. Daycare Providers and Vendors
As a Daycare Provider or Vendor you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Parents or as between a Daycare Provider and Vendor. We are not responsible for assisting you in providing goods and services to Parents, a Daycare Provider or Vendor, as applicable. Your account or subscription to our Services may not be transferred or sold to another party.
A basic profile has been provided for each licensed Daycare Provider on our Site using information that is publicly available through our third-party service providers or resources. Daycare Providers will be required to claim their profile and verify their identity, or subscribe to our Services, prior to controlling or editing their individual Daycare Provider User profile using a customized dashboard. If a Daycare Provider chooses not to subscribe to the Services, their profile page shall consist only of the basic, publicly available information. Only an authorized agent, employee, or owner of a Daycare Provider may claim a profile page for that Daycare Provider.
Each Vendor will be required to subscribe to the Services prior to the creation of a basic profile and dashboard page. Once such profile has been created, the Vendor will have the ability to control and edit their individual pages and to connect to other Users through a customized dashboard and Requests.
As a Daycare Provider or Vendor you must list the true and correct name of your business, contact information, and a description of the services you provide on the Services (collectively your “Business Information”). If there is a change to that information, Daycare Providers or Vendors must promptly update the Services and may need to provide additional documentation for proof of change to your Business Information. Daycare Providers or Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. If you or your company experiences a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.
We may offer different types of paid and free memberships or subscriptions. For instance, we may offer “Basic,” “Free Trial,” or other unpaid accounts. These unpaid Daycare Provider or Vendor accounts do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid Daycare Provider or Vendor accounts. We may also offer subscriptions for which a Daycare Provider or Vendor pays (“Premium Services”). Additional terms and conditions may be described in a [Terms of Purchase Agreement], shall apply to such Premium Service or similar subscriptions, and are made a part of the Terms by reference. If there is a conflict between the Terms and the terms for any service offered on or through the Services, such as Premium Services, the latter terms shall control with respect to your use of that portion of the Services.
The Services include several tools or features, some of which are provided by third parties. We are not responsible for the availability, suitability or effectiveness of any of these tools or features, whether provided by a third party or not. In order to optimize Services operation, we are constantly testing and evolving the Services and the services offered on it. We reserve the right to modify or discontinue any tools, other services or features provided on the Services at any time without warning. You agree that we may make such changes and reverse or modify them at any time, without notice.
We are not responsible for any data you lose as a result of a malfunction of the tools, features, or the Services or for any other reason or any consequential damages resulting from such data loss. You should always keep a back-up copy of all such information on your computer and in hard copy.
As a User, you acknowledge that we are not a product or service provider, vendor, or an agent representative for any Parent, Daycare Provider, Job Seeker, or Vendor. We and the Services function solely as a neutral venue and digital clearinghouse where Users may connect for particular types of services or products. We are not involved in or a party to the actual transaction between Users. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Services or the accuracy of any Parent or Job Seeker postings (including but not limited to reviews), User profiles or communications, or Daycare Provider or Vendor listings. We have no control over the ability of Daycare Providers or Vendors to provide items or perform services or the ability of Parents or Daycare Providers to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
By establishing an account and accepting these Terms, you agree that Daycare Spots may assist you in setting up your profile by using publicly available online information regarding you to populate your profile and to supplement or correct any information provided by you in setting up that profile. You own or otherwise have the lawful right to provide the information that you provide to Daycare Spots or allow Daycare Spots to access under this Agreement, and may request its deletion at any time, unless you have shared information or content with other Users and they have not deleted it, or it was copied or stored by other Users with your permission. Any information you submit to us is at your own risk of loss. By providing information to us, you represent, warrant and covenant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
You agree that Daycare Spots, at its discretion, may contact or notify you regarding scheduled and unscheduled downtimes, changes to the Services or the Terms or other items relating to the Services or your account using any of the following means: (a) a banner notice placed across Daycare Spot’s pages; (b) an email from Daycare Spots to an email address associated with your account, even if we have other contact information; or (c) through your Daycare Spots account or through other means including mobile number, text, telephone, or delivery services including the postal service. Please contact Daycare Spots directly, to control what kind of messages you receive from Daycare Spots. You acknowledge and agree that Daycare Spots shall not be liable for any consequence resulting, directly or indirectly, from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
We may restrict access to or modify, amend, suspend, or discontinue some or all of the Site or Services, and any service or material we provide on the Site, in our sole discretion without notice, at any time, for any reason, including certain features and the support for certain devices and platforms, to any or all Users. You agree that Daycare Spots will not be liable to you or any third party if for any reason all or any part of the Site is modified, amended, suspended, interrupted or unavailable, at any time or for any period, including but not limited to for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
You are responsible for making all arrangements necessary for you to have access to the Site, including providing at your cost all equipment, software, and internet access necessary to use the Services, and ensuring that all persons who access the Site or Services through your internet connection are aware of these Terms and comply with them.
You are responsible for the safety and security of your passwords and usernames, and how your account is accessed through this Site. You must take care to keep passwords and usernames confidential, and to choose passwords and usernames that are not easily guessed or hacked. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You are 100% responsible for all Site activity conducted with or through your password-protected account. You must notify Daycare Spots immediately of any unauthorized use or security breach of your account or our Services. We have the right to disable any username, password, or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.
We have engaged 3rd party subscription providers to handle all aspects of your financial transactions involved with purchasing the Services. We do not represent and/or warrant the security or anything else regarding their systems. You must access their website or contact them directly to review their security policies.
THIS WEBSITE IS INTENDED FOR ADULTS ONLY. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE THIS SITE OR THE MOBILE APPLICATION. IF YOU ARE 18 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE. FOR CLARITY, CHILDREN 18 YEARS OR YOUNGER MAY ONLY INTERACT WITH OR RECEIVE THE BENEFIT OF OUR SERVICES THROUGH A PARENT AND WITH PARENTAL SUPERVISION.
The use of the Services may be available through a compatible mobile device, Internet and/or network access and may require additional software. Customer agrees that Customer is solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of any agreement with Customer mobile device and telecommunications provider. DAYCARE SPOTS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM CUSTOMER PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES DUE TO USE ON A MOBILE DEVICE.
The Site may allow you to access, use, or interact with third-party websites, apps, email, social media, content, and other products and services, including but not limited to state government agency websites and resources, Daycare Providers, Vendors, and social media websites or applications (“Linked Sites”). For example, you will choose which third-party Daycare Providers or Vendors you want to utilize the Daycare Spots Services for. The Linked Sites are not under the control of Daycare Spots and Daycare Spots is not responsible for the contents, policies, practices of, or opinions expressed in any Linked Site. When you use third-party services, their own terms and privacy policies will govern your use of those services and your interactions with those third-party services are solely between you and such organizations or individuals. By connecting to any third-party services, you acknowledge and consent to the continuous release of information about you to those services (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared with any third parties, do not use such features. Daycare Spots is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Daycare Spots of the site or any association with its operators. You agree that Daycare Spots shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such use of third-party services.
As a condition of your use of the Site or Services, you represent and warrant to Daycare Spots that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others. Transmission, copying, posting, or the communication of any material through the Daycare Spots Services in violation of any applicable law or regulation is prohibited. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. 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. Breach of these conditions, and any Term herein, may result in suspension or termination of your right to use the Site or Services. The following are examples of what is not allowed for any User:
Daycare Providers and Vendors
If you are a Daycare Provider or Vendor, you further expressly agree not to:
We reserve the right to suspend any User’s access to the Services or cancel the contract of any User that violates these rules. The above lists, although fairly lengthy, are not meant to be comprehensive lists of violations. We cannot come up with or cover every instance that may be subject to suspension or termination, so please use common sense and common courtesy with how you use our Site and Services.
The Services may offer Users the opportunity to submit or post information or questions to the Services, and to share information with other Users through message boards and reviews, Daycare Providers or Vendor advertisements and listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. Any information submitted to the Site or Services through any means will be considered “User Contributions”. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.
By providing any User Contribution on the Site, you represent and warrant that: (i) you own or control all rights in and to the User Contributions and you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content; (ii) all of your User Contributions do and will comply with these Terms; (iii) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Daycare Spots, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness; (iv) we are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Site; and (v) you are solely responsible for your interactions with other Users.
Users are solely responsible for their User Contributions. We do not control the User Contributions of Users. We are not a publisher of User Contributions and we are not responsible for its accuracy or legality. We have no obligation to store, maintain or provide you a copy of any User Contributions that you or other Users post when using the Services. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your User Contributions.
By posting User Contributions to any part of the Site or Services, you automatically grant Daycare Spots a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or part), prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, for any purpose, and in any way now known or in the future discovered, on or in connection with the Services, our business, or the promotion thereof, any information you provide, directly or indirectly, to Daycare Spots, including, but not limited to, any user generated content, publicly available online information used by Daycare Spots to populate your profile, ideas, concepts, techniques or data (but excluding email addresses), without any further consent, notice or compensation to you or to any third parties. Additionally, by providing User Contributions, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any User Contributions in connection with the advertising, promotion, trade and other exploitation of the User Contributions and the rights granted herein. You acknowledge that we may retain archived copies of your User Contributions and may continue to use your User Contributions in connection with any materials that were created prior to your removal of your User Contributions, in accordance with the license described above.
Further, you automatically grant Daycare Spots the right to update or edit the information or User Contributions you provide for your profile or dashboard pages to align with the look and feel of our Site; or to supplement or correct any insufficient information that you may have directly posted or that is publicly available through a third-party site, for example, updates to the address or phone number for your business.
By using our Site or Services, you agree not to post any User Contribution that you know is incorrect or not current, and that User Contributions shall in their entirety comply with all applicable federal, state, local, and international laws and regulations. You further agree not to post User Contributions or take any action that:
We do not undertake to review material before it is posted on the Site or Services and cannot ensure prompt removal of objectionable material after it has been posted. However, if we determine, in our sole discretion, that your User Contribution is in violation of these Terms or is otherwise inappropriate, we may limit the interactions you may have to other Users, prohibit you from contacting other Users through use of the Services, remove or refuse to post any User Contribution(s), or otherwise limit your use of the Services. Daycare Spots further reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, close, or terminate your account, for any reason, including without limitation, that doing so is necessary to enforce these Terms, as determined in our sole discretion.
You agree that we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and that we may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD DAYCARE SPOTS, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, EMPLOYEES, CONSULTANTS, AFFILIATES, PARTNERS, AGENTS, AND REPRESENTATIVES, HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Ownership. All content and materials, including, copyrights, trademarks, service marks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services or the Site shall continue to be the property of Daycare Spots or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. You may not use any protected content unless you have our express permission. You agree that you do not acquire any ownership rights or other interest in any protected content or materials, by or through your use of the Site or Services, or through transfer or assignment to you. No license to any software is granted hereunder. We do not grant you any licenses, express or implied, to the intellectual property of Daycare Spots or our licensors except as expressly authorized by these Terms.
Personal, Non-Commercial Use. You are granted a limited, non-exclusive, non-sublicensable, nontransferable, revocable right to access and use this Site and the Services strictly in accordance with these Terms. Daycare Spots is for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Daycare Spots. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this Site. You may not frame or link to the Services without our prior written permission. The use of this Site is at the discretion of Daycare Spots and Daycare Spots may terminate your use of this Site at any time.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User or visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Daycare Spots, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion(s) of Daycare Spots. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
There are no fees for Users to browse our Site or to set up a basic account. Optional fee-based Services are available to certain Users but participation is not mandatory.
Fees for Parents and Job Seekers
There are currently no fee-based services for Parents or Job Seekers. We may offer optional fee-based Services, which may include services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchases goods or performing any booked services, and in issuing any applicable refunds. You will not be charged unless and until you agree to use a fee-based service with us. The fee and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service.
Subscription Terms for Daycare Providers and Vendors
Daycare Providers and Vendors with claimed or valid accounts may subscribe to additional paid services (“Premium Services”). Such Premium Services will be subject to additional terms and the fees shall be charged in advance and based on the length of the subscription you choose. You agree that all subscription plans, including Premium Services, are recurring and will be renewed automatically.
If you choose the Premium Services, you are choosing and entering into a month-to-month, six (6) month, or one-year subscription contract that expires 30 days, 6 or 12 months after you sign up. You are responsible for paying for the entire subscription term. If you decide to cancel your subscription before the subscription term, then you will still be billed for the remaining months of your subscription, and you will still have access to the benefits of the service until the end of the term.
We may add new services for additional fees and charges, or add or amend fees and charges for existing Services, at any time in our sole discretion. In order to optimize the Services, we are constantly testing new initiatives and product offerings and may change the operation of the Services, including the order and manner in which advertisements appear on it, the way that services are delivered, and the way that new customers are charged for services. You agree that we may test, implement, remove or modify features on the Services at any time without notice.
Payments. You are responsible for paying any and all applicable fees as set forth in any subscription terms, or services agreement, including as entered into by clicking through to another digital property or mobile application that requires payment, and applicable taxes associated with the Services in a timely manner with a valid payment method. You hereby irrevocably and expressly authorize Daycare Spots (and its payment processors) to withhold monies or debit your bank account or charge your credit card, as applicable, any monies from any account that you have identified for any subscription fees, charge backs, other fees, costs, deductions, adjustments, and any other amounts owed to us. Unless we state in writing otherwise, all fees and charges are nonrefundable and all fees are quoted in U.S. Dollars. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in subscription-based activities on our Site or Services. You agree that if you do not maintain a valid, nonexpired card on file with us during any billing attempt, you may be subject to interest and penalties as described below and we may suspend or terminate your access to any such subscription-based service upon any payment default. If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the Services using your user name and password without your authorization, you must contact us immediately at email@example.com
We reserve our rights to all actions and remedies in connection with any fees owed to us. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
Unpaid Fees. If, for any reason, any subscription fees you owe us have not been received, your credit card denied, or in any manner realized by us (“Unpaid Fees”), you agree to pay such Unpaid Fees immediately. In addition, we may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Users will first be applied to the most recent fees owed to us, including interest. We reserve the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. You also consent and authorize us to charge any late fees or interest to your, or the appropriate User’s, credit card on file.
Cancellation or User Termination Policy
You acknowledge that all subscription fees are charged automatically on a recurring basis until you cancel or terminate your subscription plan. You have the right to cancel your subscription at any time by using a link to manage the subscription from the payment confirmation email sent to you after the purchase or by informing us about your decision by email at firstname.lastname@example.org or by clicking on your Membership module in your dashboard page and choosing to cancel your subscription at least thirty (30) business days before your subscription renewal date. Please keep in mind that you are solely responsible for properly canceling or terminating your account. Make sure you tell us your daycare center operation number, if applicable, name and email used for the purchase. We will not be able to find your subscription if we don't have the correct details. Your access to the Service will still be available until the end of the period you paid for.
Daycare Spots may, in its sole discretion, offer a free limited trial or promotional discount to anyone who wants to check out the service before committing to a paid subscription. Such free trial offering shall be posted on the Site or in promotional emails and be subject to these Terms.
Any free trial or other promotion that provides access to the Premium Services must be used within the specified time of the trial. You must stop using the Premium Services before the end of the trial period in order to avoid being charged subscription fees for continued usage of the Premium Services.
For Users who purchased the subscription, without using a free trial, Daycare Spots may, in its sole discretion, issue a refund for the Service within 30 days of the original purchase date of the Services under certain conditions:
The chosen subscription plan is billed in advance on a month-to-month, 6 month or 12 month basis and is non-refundable; no refunds will be issued unless otherwise required by law. Daycare Spots does not offer prorated refunds for canceled subscription plans. All subscription plans are recurring and will be automatically renewed after the end of each paid subscription period.
Daycare Spots does not provide refunds or credits for any term prepaid by you and you will not receive any refund for any unused days of any periodic subscription term unless otherwise required by law. In order to treat everyone equally, no exceptions will be made. To avoid abuses of the Service no refunds will be given to repeated purchases (Users who purchased in the past and canceled) and for rebills where a proper cancellation request was not made at least 30 business days before the charge. We recommend contacting us for assistance if you experience any issues receiving or using our Service.
The Site and Services are controlled, operated and administered by Daycare Spots from within the USA. You must abide by all Federal, State and local laws regarding your use of the Site, mobile application and Services. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You agree that you will not use the Site or Services or transfer any personal data (or other data or information) in any manner prohibited by any applicable laws, restrictions or regulations. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DAYCARE SPOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, AND THIRD PARTIES (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THE AGREEMENT BY YOU. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH SUCH BREACH, OR RELATING TO OR ARISING OUT OF YOUR ACCESS, USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY USER POSTING OR CONTRIBUTION MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THE AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS, AND YOU AGREE TO INDEMNIFY ANY AND ALL LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. DAYCARE SPOTS RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH DAYCARE SPOTS IN ASSERTING ANY AVAILABLE DEFENSES.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY SERVICE OR INFORMATION PROVIDED BY THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DAYCARE SPOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, AND THIRD PARTIES, DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DAYCARE SPOTS DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS SITE OR ANY SERVICE 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. DAYCARE SPOTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DAYCARE SPOTS MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE, ANY SERVICES, OR ITS CONTENT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. DAYCARE SPOTS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAYCARE SPOTS, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE OR INCOME, LOSS OF USE OR DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTIBUTIONS, POSTINGS, OR REVIEWS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DAYCARE SPOTS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR CONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WERE REASONABLY FORESEEABLE OR DAYCARE SPOTS WAS GROSSLY NEGLIGENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS FOR THE SITE IS TO DISCONTINUE USING THE SITE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DAYCARE SPOTS, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR CONTRACTORS FOR ANY CLAIMS OR ACTIONS ARISING UNDER OR RELATED TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DAYCARE SPOTS FOR THE USE OF THE SITE OR ANY SERVICES WITHIN THE LAST YEAR PRIOR TO DAYCARE SPOTS BEING NOTIFIED OF THE CLAIM OR ACTION.
You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right, but do not have any obligation, to monitor disputes between you and other Users. Any and all communications, correspondence, reviews, verbal or written, or any warranties or representations, made with regard to products and services offered through the Services by Users are not provided by us and are specifically and solely between the Users. We have no liability for your interactions with other Users, or for any User’s action or inaction.
You agree to release Daycare Spots, its Subsidiaries, Affiliates, Employees, Agents, Officers, Directors, Licensors, Service Providers, Content Providers, or Contractors, from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties.
You agree that all disputes between you and Daycare Spots (whether or not such dispute involves a third party) with regard to your relationship with Daycare Spots, including without limitation disputes related to these Terms, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumerrelated disputes and you and Daycare Spots hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Daycare Spots will participate in a class action or class-wide arbitration for any claims covered by this agreement.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Daycare Spots is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and eighty (180) days of filing the case, then either Daycare Spots or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
If you are a Daycare Provider or Vendor, after your relationship with us is terminated for any reason, we shall be entitled to retain and display all reviews associated with you on the Services as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.
Remedies for use of our Services that violate the Terms include, but are not limited to, the immediate termination of your account, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your account, monetary compensation, and injunctive relief.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material on the Site or through the Service you may contact our Designated Agent at the following address:
Any notice alleging that materials on the Site or through the Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Site or through the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Site or through the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If material that you have posted to the Site or through the Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the User; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the City of Katy in Fort Bend County, Texas, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Governing Law; Venue; and Actions. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you consent to the personal and exclusive jurisdiction and venue of the state and federal courts in Fort Bend County, Katy, Texas in all disputes arising out of or relating to the use of the Site or Services.
Relationship of the Parties. Nothing contained in this Agreement shall be construed to constitute either party as a joint venturer, partner, employee, or agent of the other party, as a result of these Terms or your use of the Site or Services, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms will continue in full force and effect.
Beneficiaries; Waiver. Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If we fail to enforce any of our Terms, it will not be considered a waiver. Any waiver of this Agreement by Daycare Spots must be in writing and signed by an authorized representative of Daycare Spots. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or Services or any content or other material used or displayed through the Site or Services.
Entire Agreement. Unless otherwise specified in the Terms, these Terms constitute the entire agreement between the user and Daycare Spots with respect to the Site and Services and the Terms supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Daycare Spots with respect to the Site or Services.
Electronic and Printed Versions. The parties agree that these Terms or a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Daycare Spots reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. Daycare Spots encourages you to periodically review the Terms to stay informed of any updates. Your continued use of the Site and Services following the posting of updated Terms means that you accept and agree to the changes. If you do not agree to the updated Terms, you must immediately stop using the Site and Services, and notwithstanding the time period for notice as required in Section 17 herein, you may terminate your subscription or use of the Services upon 5 days written notice from the last modified date of the updated Terms. Such termination shall otherwise remain subject to the terms and conditions of Section 17.
We would love to hear from you. You may provide feedback to Daycare Spots, at any time, concerning the Site and Services, including any comments, suggestions, proposals or ideas for improving or otherwise modifying our products and services (the “Feedback”). Please be aware that we will have the right to use any Feedback you provide without any obligation to you and you hereby agree that you are not entitled to any compensation or reimbursement of any kind from Daycare Spots under any circumstances. By providing us any Feedback, you hereby assigning the ownership in all Feedback to Daycare Spots. In the event ownership in the Feedback cannot be granted to Daycare Spots, you grant Daycare Spots at no charge a perpetual, irrevocable, royalty-free, worldwide, transferable right and license, with the right to sublicense, to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
You may contact us at:
Windsor Force Corporation, d/b/a Daycare Spots
Mailing Address: 1312 17th Street #860 Denver, CO 80202
Email Address: email@example.com
Copyright © 2020, Windsor Force Inc. All rights reserved.