Child Care Profiles Terms of Use
This Agreement contains all of the terms and conditions between Child Care Profiles ("Child Care Profiles") and you ("customers/nanny or child care provider and/or any other user") and governs the use of the service offered at the Child Care Profiles Website (the "Site").
Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a member of Child Care Profiles ("Member"). If you wish to become a Member and make use of the Child Care Profiles
service (the "Service"), then please read this Agreement. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Child Care Profiles Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Child Care Profiles at any time, effective upon posting on the Child Care Profiles Website, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Child Care Profiles from time to time, such modifications to be effective upon posting by Child Care Profiles on the Site. This Agreement includes the Child Care Profiles Privacy Policy. By accessing the Site and/or using its services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site and/or using its services, you consent to have this Agreement provided to you in electronic form.
2. Child Care Profiles does not take part in the interaction between customers and child care providers. Users do hereby represent, understand and expressly agree that Child Care Profiles does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the nanny or child care provider , nor of the integrity, responsibility or any of the actions whatsoever of our customers requesting services. Child Care Profiles makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by nanny or child care provider or customers through the Site whether in public, private or offline interactions. Child Care Profiles does not assume any responsibility for the accuracy or reliability of any information provided by nanny or child care provider or customers on this Site. Child Care Profiles does not assume and expressly disclaims any liability that may result from the use of this information.
Child Care Profiles is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both customers and nanny or child care provider do hereby expressly agree not to hold Child Care Profiles (or Child Care Profiles's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and Child Care Profiles and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
3. ELIGIBILITY. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States.
This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Care Provider or any other users of this Site are not the responsibility of Child Care Profiles. Child Care Profiles does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any nanny or child care provider and/or other users of this Site. Users do hereby represent, understand and agree to hold Child Care Profiles harmlessfor any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.
4. RELEASE. Customers may use the functionality and services provided by our site to measure their interest of a nanny or child care provider . In the event that a customer and a nanny or child care provider agree on the provision of services such agreement is solely between the customer and the nanny or child care provider ; Child Care Profiles is not a party to any such agreement. Any issues concerning the services received by the customer or payment due to the nanny or child care provider must be resolved directly by the customer and the nanny or child care provider . Child Care Profiles will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues.
By using this Site, you do hereby represent, understand, and expressly agree to hold Child Care Profiles harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Child Care Profiles will use its reasonable efforts to monitor nanny or child care provider and customer profiles, actions, comments, and general usage of the Site and suspend privileges to any customer or nanny or child care provider not adhering to the policies of the Site.You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. In addition, you agree to review the Child Care Profiles Safety Tips prior to using the Service. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to nanny or child care provider
Style Profile immediately by notifying Child Care Profiles of the same via electronic correspondence.
5. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your use of the Site. Child Care Profiles is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
6. PRIVACY. Child Care Profiles will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
7. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by Child Care Profiles) or inclusion of advertisements do not constitute an endorsement by Child Care Profiles of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Child Care Profiles does not control such sites, and is not responsible for their content.
Just because Child Care Profiles has hyperlinks to such sites does not mean that Child Care Profiles endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Child Care Profiles's Terms of Use and Privacy Policy. Child Care Profiles expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Child Care Profiles harmless from any liability that may result from the use of links that may appear on the Site.
9. COPPA COMPLIANCE. Customers and nanny or child care provider should monitor children's use of the Internet. Child Care Profiles is intended for people 18 or over. Child Care Profiles will not knowingly collect any information from children under 13. You must identify your age during the registration process. Child Care Profiles takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your use of the site, as far as purchasing services, will be terminated immediately.
10. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form customers or nanny or child care provider for employment or contracting for a business not affiliated with Child Care Profiles without express written permission from Child Care Profiles. Should Child Care Profiles find that you violated the terms of this paragraph or any terms stated herein, Child Care Profiles reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, nanny or child care provider or customer information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise miss-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site. In order to protect the integrity of the Site and the Service, Child Care Profiles reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
11. PAYMENT AND REFUND POLICY: All our services are currently free.
12. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available".
Child Care Profiles DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
13. LIMITATION OF LIABILITY. In no event will Child Care Profiles be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Child Care Profiles, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Child Care Profiles is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service.
Under no circumstances will Child Care Profiles or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Child Care Profiles EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Child Care Profiles cannot guarantee and does not promise any specific results from use of the Site and/or
the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Child Care Profiles makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
14. INDEMNIFICATION. By agreeing to the terms of this Agreement, users of the Site agree to indemnify, defend and hold harmless Child Care Profiles, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Child Care Profiles and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Child Care Profiles and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims.
Child Care Profiles and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Child Care Profiles. Users further agree to hold harmless Child Care Profiles and Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
15. CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by Child Care Profiles, or need to notify Child Care Profiles as to any matters relating to the Site or Service please use the e-mail links below.
Customer Service: Support@ChildCareProfiles.com
Legal Department: Legal@ChildCareProfiles.com