DaycareBear.com provides this web site and the services offered on it (collectively, the 'Services') under the following terms and conditions of service and use (the 'Terms').
Please read them carefully. You understand, agree and acknowledge that your use of the Services are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms 'we', 'us', or 'our' refer to DaycareBear.com. 'You' refers to all users of the web site.
'Childcare providers' refers to users who promote their services on the web site.
1. ADDITIONAL TERMS; MODIFICATIONS TO THE TERMSDaycareBear.com may change the Terms from time to time without prior notification to you. Each time you access the web site you will be governed by the Terms then in effect. All of such changes will be posted on the DaycareBear.com home page. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
2. MODIFICATIONS TO THE SERVICESWe reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract.
1. SERVICES USAGE RESTRICTION
You agree not to use the Services to do any of the following:
(I) violate any local, state, national or international law;
(II) stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;
(III) collect, harvest or store personal data about other users including email addresses or contact Childcare providers for any purpose other than responding to the content posted by such Childcare providers;
(IV) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(V) interfere with or disrupt the Services or servers or networks connected to the DaycareBear.com Web site or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the DaycareBear.com web site; and
(VI) upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; (d) material that contains software viruses or any other computer code, files or programs, for example, worms, Trojan horses, cancelbots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) unsolicited advertising material, notices or "spam", "junk mail", pyramid schemes, chain letters or the like; (f) surveys that have not been approved or cleared by us;or (g) contests or games of chance.
2. SUBMITTED CONTENT
You understand that you are solely responsible for the content you submit on DaycareBear.com and agree to indemnify us for all claims resulting from your use or submission of this content. You warrant that this content is accurate and that you own or control all the rights to it. By posting content on DaycareBear.com, you grant us and our affiliates a nonexclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content.
3. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your password and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Services. We are not liable for any loss or damage arising from failure to adequately safeguard your password.
1. DISCLAIMER OF WARRANTIES
You expressly agree that use of the Services is at your own risk. The services are provided on an as is and as available basis. We expressly disclaim all warranties of any kind, including but not limited to the warranties of merchantability, fitness for a particular use or purpose and non infringement with respect to the Services.
We make no warranty that (a) the services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free; (b) the results that may be obtained from the use of the services will be accurate and reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the services will meet your expectations; (d) defects in the services will be corrected.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own risk and discretion and that you will be solely responsible for any damage to your computer system(s) or for loss of data that results from the download of such materials.
2. LIMITATION OF LIABILITY
You expressly understand and agree that in no event will DaycareBear.com or its employees be liable for any damages, including but no limited to damages for loss of revenues, profits or other intangible losses arising out of or in any way related to
(I) the use or the inability to use the Services;
(II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services;
(III) unauthorized access to or alteration of your transmissions or data;
(IV) statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights;
(V) your failure to adequately safeguard your password or access to the Services;
(VI) any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services;
(VII) termination of your access to or use of the Services as provided herein;
(VIII) the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
(IX) any modification, suspension or discontinuance of the Services (or any part thereof) or these terms;
(X) use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and
(XI) any other matter relating to the Services or these Terms.
You also understand and agree that DaycareBear.com is solely providing contact information between its users (and not contact means) and that we are not liable for any inaccuracy, error or mistake posted by Childcare providers in their ads. The Services are restricted to providing information to contact Childcare providers and to publishing Childcare providers ads. In no event will DaycareBear.com or its employees be liable for any damages arising from contact, negotiations and contracts between its users. You understand and agree to hold DaycareBear.com, its employees, its shareholders, its associates, its affiliates and its parent corporations free from any conflict or litigation that may arise between DaycareBear.com's users.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account (including any information related to or created using this account) if it remains inactive for an extended period of time. Further, you agree that we shall not be liable to you or any other third party for any termination of your access to the services.
You may discontinue your participation in and access to the Services at any time. We will not however offer you any kind of compensation for such termination.
1. EXTERNAL LINKS
Our provision of a link to any other Web site or location is for your convenience and does not signify our endorsement of such other Web site or location or its contents. Any concerns you may have regarding any external link should be directed to that link's Web site administrator or webmaster. DaycareBear.com is not liable for any information, software or links found at any other web site.
2. NO SPAM
We grant Childcare providers, and only Childcare providers, the right to advertise their services on DaycareBear.com, through the use of the Services. We do not allow spam. We prohibit you from using the Services to promote your own Web site or any business, product or any other service by advertising it on the Web site or through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement.
3. USE AND STORAGE
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
4. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell or resell any portion of the Services, use of the Services, access to the Services or any information available on the web site.
5. ACCESS TO THE SERVICES
You agree that you are solely responsible for any fees required to access the Services, including but not limited to paying for your internet access, your computer, your phone and electricity. You also understand and agree that DaycareBear.com does not provide any email account and that, to contact Childcare providers, you must use your own personal email account and/or phone.
The Terms and the relationship between you and DaycareBear.com shall be governed by the laws of the Province of Quebec, Canada as applied to agreements made, entered into and performed entirely in the Province of Quebec, by Quebec residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in provincial courts having jurisdiction over the Province of Quebec and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.