ACCEPTANCE OF TERMS
On-Demand Childcare, LLC dba Sweet Kiddles operates this website. Any references to On-Demand Childcare, LLC, Sweet Kiddles, Sweet Kiddles flexible childcare center, SK, us or we refers to On-Demand Childcare, LLC. Any references to user, customer, member or you refers to the end user of the website.
Amendments to this agreement can be made and effected by us from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.
USE OF THE SITE
The Site allows you to purchase services and goods. However, you are prohibited from:
(a) using our Site, including its services and or tools, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site, services, or tools;
(b) posting, modifying, changing or manipulating anything on our Site;
(c) collecting our users’ personal information;
(d) uploading, downloading, posting, emailing, or transmitting unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable information and/or data;
(e) uploading, downloading, posting, emailing or transmitting information and/or data you do not have a right to make available under any law or under contractual or fiduciary relationships including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements;
(f) uploading, downloading, posting, emailing or transmitting any information and/or data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) uploading, downloading, posting, emailing or transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(h) uploading, downloading, posting, emailing, or transmitting material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(f) intentionally or unintentionally violate any applicable local, state, national or international law.
For you to complete the sign-up process on our Site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You verify that the information you provide is true, accurate, complete and current. Sweet Kiddles may suspend your account and use of the Site if you provide false, inaccurate, incomplete or misleading information.
This Agreement will remain in full force and effect while you use the WebSite. You may terminate your membership at any time for any reason by following the instructions on the “TERMINATION OF ACCOUNT” in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the Site and you are allowed to establish a hyperlink to appropriate parts of the Site provided that: (i) you do not remove or obscure any advertisements, copyright notices or other notices on our Site; (ii) the link does not state or imply any sponsorship or endorsement of your Site (iii) you immediately stop providing any links to the Site on written notice from us and (iv) your site does not contain any inappropriate, illegal, tortious, pornographic, harassing or obnoxious material. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our Sites.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations with respect to the Site or any products, goods or services sold through the Site (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the Site or any part of it at anytime. The information, content and services on the Site are provided on an “as is” basis. When you use the Site you understand and agree that you use the Site at your own risk.
INTELLECTUAL PROPERTY RIGHTS
You, by using this Site, acknowledge that all right, title and interest to the names On-Demand Childcare, LLC, Sweet Kiddles, Sweet Kiddles flexible childcare center and SK are the property of On-Demand Childcare, LLC. You understand that you, by using this Site, will not acquire any right, title, or interest in or to the names On-Demand Childcare, LLC, Sweet Kiddles, Sweet Kiddles flexible childcare center or SK or any other names or intellectual property on the Site.
All words, images, drawings, photographs, pictures, diagrams, data and information on the Site is the property of On-Demand Childcare, LLC. You understand that you, by using this Site, will not acquire any right, title, or interest in or to any words, images, drawings, photographs, pictures, diagrams, data and information displayed on the Site. You will not misuse, misappropriate or take for your own use any of the intellectual property, words, images, drawing, photographs, pictures, diagrams, data and information on the Site for your own use without the express written consent of Sweet Kiddles.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related to the Site or displayed on the Site.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and members. All information submitted by a Site user/customer is proprietary information of Sweet Kiddles. Such customer information is confidential and may not be disclosed. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the Sweet Kiddles to insist upon strict performance of any of the terms, conditions and covenants of this Agreement shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants of this Agreement, which terms, conditions and covenants shall continue to be in full force and effect.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Ohio, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is irrevocably submitted to the exclusive jurisdiction of the courts of Ohio, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
Sweet Kiddles may ask you to cease and desist any violation of this agreement and may bar you from further use of the Site if you violate the Agreement. Sweet Kiddles may remove you from any mailing lists, reject you as a customer, revoke your Membership or take other legal and equitable action to enforce the terms of this Agreement. You agree that Sweet Kiddles may take any legal or equitable action necessary to enforce its rights under this Agreement.