BilingualChildCare4U.com Site User Agreement |
This page states the “Terms and Conditions” which govern the use of the BilingualChildCare4U.com website. Please read this webpage carefully. Any use of the BilingualChildCare4U.com website constitutes your acceptance of the terms and conditions stated herein. This Agreement may be modified by BilingualChildCare4U.com from time to time, such modifications to be effective upon posting by BilingualChildCare4U.com on the Site. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Any Person who does not intend to be bound by such “Terms and Conditions,” as revised and updated from time to time, shall immediately terminate such access to, and use of, this website. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. The term “The Company” means BilingualChildCare4U.com and its successors and assigns. Use of Material. BilingualChildCare4U.com authorizes you to view and download the material on BilingualChildCare4U.com (the "Web Site") solely for your personal, noncommercial use. The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of BilingualChildCare4U.com or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of BilingualChildCare4U.com and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by BilingualChildCare4U.com’s copyright. Acceptable Site Use. Authorized Users may not use the Website in order to transmit, distribute, store or destroy any kind of material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. User Submissions. Each Authorized User is responsible for (i) his or her own communications and (ii) the consequences of his or her own communications. Authorized Users may not, and agreed that they shall not, use this Website to do the following things: post material that is copyrighted, unless the posting party is the copyright owner or has the permission of the copyright owner to post such material; post material that reveals trade secrets, unless the posting party owns such material or has the permission of the owner of such material to do so; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. 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 BilingualChildCare4U.com. BilingualChildCare4U.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Care Providers and/or other users of this Site. Users do hereby represent, understand and agree to hold BilingualChildCare4U.com harmless for 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. BilingualChildCare4U.com is only a venue. This Web Site acts as a passive conduit for child care seekers to post child care providers opportunities and child care provider candidates to post resumes and does not screen or censor the listings offered. BilingualChildCare4U.com is not involved in the actual transaction between such prospective employers and the respective bilingual child care candidates. As a result, BilingualChildCare4U.com has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of child care seekers to offer job opportunities to candidates or the ability of the child care provider candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associate with dealing with other users with whom you come in contact through the Web Site. Disclaimer of Consequential Damages. IN NO EVENT SHALL BILINGUALCHILDCARE4U.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity. By agreeing to the terms of this Agreement, users of the Site agree to indemnify, defend and hold harmless BilingualChildCare4U.com, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "BilingualChildCare4U.com and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by BilingualChildCare4U.com 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. BilingualChildCare4U.com 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 BilingualChildCare4U.com. Users further agree to hold harmless BilingualChildCare4U.com 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. INFORMATION PROVIDED BY USERS. As a user, you are responsible for your own communications and are responsible for the consequences of your own communications being posted. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by BilingualChildCare4U.com) or inclusion of advertisements do not constitute an endorsement by BilingualChildCare4U.com 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. BilingualChildCare4U.com does not control such sites, and is not responsible for their content. Just because BilingualChildCare4U.com has hyperlinks to such sites does not mean that BilingualChildCare4U.com 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 BilingualChildCare4U.com Terms of Use and Privacy Policy. BilingualChildCare4U.com 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 BilingualChildCare4U.com harmless from any liability that may result from the use of links that may appear on the Site. PROHIBITED USE. The Web Site may be used only for lawful purposes by child care seekers and child care providers. BilingualChildCare4U.com specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BilingualChildCare4U.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Termination. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site. PAYMENT AND REFUND POLICY FOR CARE SEEKERS. Child Care Seekers are obligated to pay for the service of the Site, unless specifically notified otherwise. Child Care Seekers that sign up agree to pay BilingualChildCare4U.com all charges at the prices then in effect for any use of the Site. In addition, Child Care Seekers authorize BilingualChildCare4U.com to charge their chosen payment provider for use of the Site. BilingualChildCare4U.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Once a family registers and their credit card has been charged, no refund will be offered. At BilingualChildCare4U.com’s sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by BilingualChildCare4U.com. PAYMENT AND REFUND POLICY FOR CHILD CARE PROVIDERS. The basic services of BilingualChildCare4U.com are free for Child Care Providers (though some premium services are offered for a fee). Child Care Providers can become “Featured” Child Care Providers on the site for a fee. Such Child Care Providers agree to pay BilingualChildCare4U.com all charges at the prices then in effect for any use of the Site. In addition, these Child Care Providers authorize BilingualChildCare4U.com to charge their chosen payment provider for use of the Site. BilingualChildCare4U.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Once a child care provider registers as a “Featured” Child Care Provider and their credit card has been charged, no refund will be offered. At BilingualChildCare4U.com’s sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by BilingualChildCare4U.com. THIRD PARTY VERIFICATION SERVICE. BilingualChildCare4U.com may make a third-party verification service available to Child Care Seekers and Child Care Providers. Care Seekers and Care Providers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that BilingualChildCare4U.com is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. FAIR CREDIT REPORTING ACT. If you decide to use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with the Fair Credit Reporting Act ("FCRA"), which can be found at http://www.ftc.gov/os/statutes/fcrajump.htm. BilingualChildCare4U.com does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". BILINGUALCHILDCARE4U.COM 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. LIMITATION OF LIABILITY. In no event will BilingualChildCare4U.com 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 BilingualChildCare4U.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us and providing the following information: NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks BilingualChildCare4U.com and the BilingualChildCare4U.com logo are service marks owned by BilingualChildCare4U.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of BilingualChildCare4U.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, San Francisco County, for the resolution of any such dispute. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. |
