Last modified: [March 14], 2022
1. User’s Acknowledgment and Acceptance of Terms
Daycare Owl, Inc. (“Us,” “We,” “Daycare Owl,” or the “Company”) provides the daycareowl.com website and various related services (collectively, the “Website”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
You are permitted to use the Website only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Website in any medium without Company’s prior written authorization except as permitted through the Website’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Website; (6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes without consent; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Website is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.
These Terms of Service provide that all disputes between you and Daycare Owl will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under or relating to this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class, collective, or representative action. Please review Section 11 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Daycare Owl.
In these Terms of Service, we use the terms “you,” “your,” and “User” to mean any person using our Website, and any organization or person using the Website on an organization’s behalf. As used in these Terms of Service, “Legal Guardian” refers to any User who is seeking child care services, “Licensed Care Provider” refers to any User who provides child care services.
2. Overview of our Services
Daycare Owl is a platform that connects Legal Guardians with Licensed Care Providers. Daycare Owl provides Legal Guardians access to affordable, off-hour, on-demand, and daily childcare. Licensed Care Providers on Daycare Owl are background checked, CPR certified, and managed by the state. Daycare Owl acts as an intermediary between Licensed Care Providers and Legal Guardians.
Daycare Owl does not provide any child care services. We make no representations or warranties about the quality of child care or other services provided by Licensed Care Providers, or about your interactions and dealings with users. Though we provide general guidance on our Website to Users about safety and about selecting a Licensed Care Provider or Legal Guardian, Daycare Owl does not employ, recommend or endorse Legal Guardians or Licensed Care Providers, and we will not be responsible or liable for the performance or conduct of any User, whether online or offline. Using the Website often involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. You should use common sense and good judgment when interacting with others. Daycare Owl is not responsible for interactions which occur between Users, whether in person, through the Website, offline, or online. Users are wholly responsible for complying with all applicable laws in relation to their employment relationship.
3. Account Information and Security
4. Vetting of Users
We have not vetted Licensed Care Providers and Legal Guardians. Legal Guardians are wholly responsible for all aspects of contacting, screening, selecting and employing a Licensed Care Provider; likewise, Licensed Care Providers are wholly responsible for all aspects of contacting, screening, and selecting Legal Guardians. We are not responsible for the conduct of any member of the Website, either online or offline. Because Daycare Owl does not vet Users, Daycare Owl cannot guarantee the accuracy or the identity of any Licensed Care Provider, Legal Guardian, or User. Accordingly, Daycare Owl cannot and does not assume any responsibility or liability for improper vetting or failing to vet a User of the Website, nor for the conduct of anyone who uses the Website. Although Licensed Care Providers may state on the Website that they are insured and properly licensed, Daycare Owl is not responsible for confirming the accuracy of these statements, and Legal Guardians are solely responsible for ensuring that Licensed Care Providers are properly licensed, are insured, and for verifying any statement made by Licensed Care Providers, either on or off the Website. Daycare Owl recommends that all users use common sense judgment and precautions when interacting with Users, just like you would in interaction with any other individual whom you don’t know.
DAYCARE OWL, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF DAYCARE OWL AND YOU HEREBY RELEASE DAYCARE OWL AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. DAYCARE OWL AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF DAYCARE OWL.
5. Fees & Payments
Daycare Owl uses Stripe, for payment processing. In order for you to use payment processing services, you must enter into the Payment Services Agreement (the “PSA”) with Stripe and it’s affiliated bank This PSA is available at https://stripe.com/legal. By accepting this Agreement, you agree: (a) that you have downloaded or printed the PSA, and (b) that you have reviewed and agree to the PSA. Please note that Daycare Owl that is not a party to the PSA and that you, Stripe and Stripe’s sponsoring bank are the three parties to the PSA and that Daycare Owl has no obligations or liability to you under the PSA. If you have questions regarding the PSA, please contact Stripe at https://support.stripe.com/contact
6. Cancellation Policy
Cancellations by Licensed Care Provider. If a Licensed Care Provider cancels a booking prior to or during the service period identified in the booking, Daycare Owl will refund the fees paid by the Legal Guardian for services not provided, as well as any service charge paid to Daycare Owl by the Legal Guardian, and Licensed Care Provider will not be entitled to any payment which has been refunded to the Legal Guardian in accordance with this policy . Licensed Care Provider cancellations are taken seriously. If you are a Licensed Care Provider, you acknowledge that cancellation by you may result in a review of your account and, if we deem it appropriate, suspension or termination of your access to the DaycareOwl.com and the related services.
Cancellations by Legal Guardian: Daycare Owl’s fees are non-refundable for any cancellations by a Legal Guardian. Licensed Care Provider fees are refundable if a Legal Guardian cancels at least 1 week prior to the start of a booked appointment for on-demand spots only. If a booking is canceled between 1 week and 1 hour before the appointment date, a 50% refund is available. Bookings canceled less than 1 hour prior to reservation start time will not be refunded. Refunds are not available on full-time invoiced spots. Please refer to your daycare contract or handbook for additional individual cancellation policies.
7. Licensed Care Provider Requirements
Licensed Care Providers must be licensed by local, state, and other agencies as required by law, must comply with all applicable local, state, and federal laws, and must also obtain any business permits as required by law to operate. Licensed Care Providers must comply with all terms and requirements listed in their business permits, including any restrictions on hours of operation. Licensed Care Providers must be properly trained in CPR and EMSA. Licensed Care Providers located in California must be licensed by the Community Care Licensing Division (CCLD), provide the CCLD with accurate and up-to-date information as requested and required by law, and maintain compliance with CCLD regulations. Any failure to comply with these regulations will be considered a breach of these Terms of Service and may result in the immediate removal of Licensed Care Provider from the Website.
8. Third Party Background and Verification Services
Daycare Owl has the right, but not the obligation, to order a background check on Users from a 3rd party verification service (“3rd Party Verification Service(s)”) and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service, each to the extent permitted by law. You understand that Daycare Owl retains the right, but has no obligation, to take action with respect to your Daycare Owl account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. Daycare Owl does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not Daycare Owl). By agreeing to these Terms of Service, you consent to Daycare Owl performing background and/or verification checks on you. If you do not want these checks performed, do not use the Website.
9. Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the “FRCA”), we are notifying you that the 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be “consumer reports” subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If Daycare Owl takes adverse action with respect to your account based on information contained in a consumer report, Daycare Owl will notify you and provide you the name and contact information of the 3rd Party Verification Service that created the report. Daycare Owl will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.
If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Daycare Owl and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. Daycare Owl does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
We always appreciate feedback and are always on the lookout for ways to improve Company. For feedback, comments, questions, or concerns, you can contact us at firstname.lastname@example.org and we will return your e-mail at the soonest opportunity possible.
11. Guarantee and Warranty
Use of the Website is at your sole risk. All services are provided “as is,” with no warranties or guarantees whatsoever. Daycare Owl expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Daycare Owl makes no warranty or guarantee that the Website will be uninterrupted, timely, secure, or error-free. Daycare Owl does not warrant the quality or accuracy of any deliverables provided and/or services rendered by its Users and does not warrant that any such deliverables and services will be provided and/or rendered in a timely or professional manner. By using the Website, Users hereby understand and acknowledge that any agreements and services performed by Users, including Licensed Care Providers and Legal Guardians, are between Licensed Care Providers and Legal Guardians only, and that Daycare Owl is not a party to any agreement between the Users. Daycare Owl offers a platform to connect Licensed Care Providers and Legal Guardians only and will take no responsibility for any services rendered or for any breach of contract. You understand and agree that any interaction with a User is at your own discretion and risk and that you will be solely responsible for any damages that may result. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
Daycare Owl is not an employer of Licensed Care Providers. Legal Guardians may seek the services of a Licensed Care Provider through the use of the Website, and Licensed Care Providers may post profiles and message Legal Guardians regarding their services. Although Daycare Owl may, at times, provide Legal Guardians with a customized list of potential Licensed Care Providers to consider, if the Legal Guardian agrees on receiving services from a Licensed Care Provider identified this way, such agreement is solely between the Legal Guardian and Licensed Care Provider and Daycare Owl is not a party to such agreement. In the event that you have a dispute with a user of the Website, including with a Licensed Care Provider or Legal Guardian, you agree to release Daycare Owl (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Website or participation in the Services. Additionally, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other users.
13. Limitation of Liability
IN NO EVENT WILL DAYCARE OWL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DAYCARE OWL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
14. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Daycare Owl in the most expedient and cost effective manner, you and Daycare Owl agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DAYCARE OWL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Daycare Owl will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Daycare Owl at email@example.com.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Daycare Owl’s address for Notice is: Daycare Owl, Inc., 2140 S. Dupont Hwy., Camden, DE 19934. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Daycare Owl may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Daycare Owl must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Daycare Owl will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Daycare Owl in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees and Procedure
The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Services, Daycare Owl will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Daycare Owl for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.
No Class Actions
YOU AND DAYCARE OWL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and Daycare Owl agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.
Modifications to this Arbitration Provision
If Daycare Owl makes any future change to this arbitration provision, other than a change to Daycare Owl’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Daycare Owl’s address for Notice, in which case your account with Daycare Owl will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If the “No Class Actions” section is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to these Terms of Service.
Right to Opt Out of Arbitration
You may submit a statement notifying Daycare Owl that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify Daycare Owl of your intention to opt out by submitting a written notice, which may be via email to firstname.lastname@example.org, stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.
15. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Alameda County, California.
16. Termination of Service
Daycare Owl may terminate your privilege to use or access the Website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Website and agree not access or make use of, or attempt to use, the Website. Furthermore, you acknowledge that Daycare Owl reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Website. You understand that Daycare Owl may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Daycare Owl.
All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Website, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
The Website may contain personal web pages or profiles, forums, review and ratings sections, message boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Website. These Interactive Services and User Contributions are separate from communications sent via our private messaging system (“User Messages”).
If you voluntarily disclose personal information (e.g., user name, email address, personal information) on the Website through a User Contribution, such as in a review, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions and User Messages do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions or User Messages you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions or User Messages posted by you or any other user of the Website.
Additionally, we have the right to:
Remove or refuse to post any User Contributions or User Message for any or no reason in our sole discretion.
Take any action with respect to any User Contribution or User Message that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or User Message violates the Terms of Service, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
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.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
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 related to anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all material before it is posted on the Website or sent as a User Message, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
18. Intellectual Property
The entire content and materials contained on the Website, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Website and other intellectual property (the “Content”) are owned by or licensed to Daycare Owl to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Website are either the property of, or used with permission by, Daycare Owl. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with the Company. We may redesign the Website in our sole discretion at any time.
19. Restrictions on Use
You may not use the Website or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Company. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Company’s prior written consent.
Modification of Company’s content is a violation of the copyrights and other proprietary rights of Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Company. The Website and the information contained therein may not be used to construct a database of any kind. The Website and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.
20. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Daycare Owl is intended or created by this Agreement. A Licensed Care Provider, Legal Guardian, or any other User is not Daycare Owl’s representative or agent, and may not enter into an agreement on Daycare Owl’s behalf.
21. Digital Millennium Copyright Act
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 an intellectual property rights-related complaint about material posted on the Website, you may contact our Designated Agent at the following address:
Daycare Owl, Inc.
2140 S. Dupont Hwy.
Camden, DE 19934
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information by or distributed through the Website infringe intellectual property rights must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
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.
Daycare Owl will promptly terminate without notice the accounts of users that are determined by Daycare Owl to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had user content removed from the Website at least twice.
22. Links to Other Sites and Materials
As part of using the Website, Daycare Owl may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Daycare Owl has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Daycare Owl, and Daycare Owl is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software, or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Daycare Owl. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.
24. Electronic Communications
The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.
Any such notice must be sent to:
Daycare Owl, Inc.
2140 S. Dupont Hwy.
Camden, DE 19934
Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
26. Changes and Amendments to Terms
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Website with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
27. General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.