DaycareHero
Terms and Conditions

Effective date: July 31, 2018

Welcome to DaycareHero.com. Please read these Terms and Conditions of Use ("Terms", "Agreement") carefully before using the https://www.daycarehero.com and https://www.thedaycarehero.com (collectively as DaycareHero.com) Website ("Website", "Site", "Service(s)", "Feature(s)") operated by DaycareHero, LLC ("DaycareHero", "Company", "we", "us", "our"). These Terms are legally-binding and apply to you, all visitors, users, and others who access our Service, including the Childcare Providers (each a "User(s)"). Your access to, and use of the Website is conditioned on your acceptance of and compliance with these Terms and all applicable federal, state and local laws and regulations. These Terms include the provisions in this document as well as those in our Privacy Policy. By entering into this Agreement, you acknowledge that you understand this Agreement and agree to all of its Terms. If you do not agree to be bound by the Terms of this Agreement, you are prohibited from accessing or using the Website or Services we offer.

Privacy

For a more comprehensive list, please view our Privacy Policy here.

Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. DaycareHero Website does not knowingly collect or store information from children who are under 13 years old.

If you are under 18 years old:

  • Please do not send us any personal information or transmit data about yourself to us - on any platform, device, system, channel or any other available means.
  • Please do not attempt to register or sign up on our system at all cost.
  • You are prohibited from accessing or using this Website or our Services.

For all other eligible and authorized Users:

  • All information regarding any children, or children under 13 could only be sent to us after receiving the child(ren)'s Parental Consent.
  • Users should not send any personal information other than what we request from them in connection with the Services.

If we learn we have collected personal information from a child under 13 without parental consent, or if we learn a child under 13 has provided us personal information, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information and thus violates these Terms, please email us at admin@daycarehero.com.

Modifications & Updates

DaycareHero may revise and modify these Terms at any time with or without notice. By using our Website and all the Services we offer, you are agreeing to be bound by the LATEST version of these Terms.

This Website is currently provided free of charge to parents, legal guardians, home-based daycares, commercial childcare facilities and all other Users EITHER to search for childcare OR to manage a Childcare Provider Account Listing. We reserve the right to discontinue the Site, or to switch any free Features on this Website to be a paid Feature and/or to increase or decrease the prices we charge our Users, at any time we wish to, with or without notice. We may also add more Features, update/modify current Features or completely remove certain Features, either free or paid Features, based on our sole discretion. If a paid Service is being introduced or switched from formerly-free Service, you could decide to stop using the Service or pay the required amount before accessing the Service. We reserve the rights to suspend your usage of the formerly free Service until a payment is received, if a payment is required. Should you need to pay for our Services, you would need to personally take the action to enter your payment information on our system since we do not store your payment or banking information on our system.

Links To Other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by DaycareHero. DaycareHero has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that DaycareHero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or engage with.

Childcare Providers

In order to set up or claim your Childcare Provider Account, our process requires you to sign up and provide some information regarding yourself as well as the facility you own or manage. The information we obtain from you as Users of our Services is managed as per our Privacy Policy. By registering, you agree that all the information you provided during registration is true, accurate, complete and current. Should any posted information become outdated, inaccurate or no longer true, we ask for your due diligence to update your information to keep it true and accurate, wherever and whenever possible. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

We reserve the right to update your Facility information or data, whether initially entered by you or by our system, when we find the current information to be inaccurate, untrue or misleading. One example of this scenario is when the posted business hours on your Facility Profile is listed as "7:00PM to 6:30AM", while upon research we discover that the correct hours should be "7:00AM to 6:30PM". We reserve the rights to modify any inaccurate information at any given time, with or without notice. If you would like to contest an update, please send us an email at admin@daycarehero.com and include the State your business is operating in, along with your License Number & any other information that would help us in assisting you. Our goal is to keep the information current and accurate at most, if not all times.

For all information that you have provided, posted or submitted to us at any given time during your use of this Website or Services: You grant DaycareHero a perpetual, irrevocable, unlimited royalty-free worldwide license to (a) use, copy, distribute, display, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your data-submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your data-submission or to exercise any rights related to your data-submission set forth in the preceding sentence. For each data-submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant DaycareHero the rights in this paragraph, that DaycareHero's use of the data-submission will not infringe any third party rights. You agree that DaycareHero may promote and market all data-submissions made through your account(s). You are solely responsible for all data-submissions made through your user account(s) on the Services or that you or your representative otherwise make available through the Services.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You acknowledge that by updating your Facility information on this Website: You are aware that this information update is not connected to any Federal or State Childcare Licensing database you registered with in obtaining your operating License. You agree to comply by the rules and regulations in your governing State regarding submitting all legal formalities required by the Federal or State laws.

Intellectual Property & Use License

All information, text, content, photos, images, graphics, illustrations, videos, software, code, user-submitted data (such as emails, phone numbers, and so forth), and all other materials ("Materials") found, displayed on or originating from the Website and our Services may be protected by copyright, trademark, servicemark, patent and/or other intellectual property laws. By using this Website and our Services, you agree to abide by the intellectual property laws that govern these Materials as mentioned in this subsection. You shall not use these Materials without any written consent from their respective owners.

You also may not:

  • copy, modify, republish, reproduce, duplicate or redistribute the Materials.
  • use the Materials for any commercial purpose or for any public display.
  • attempt to reverse engineer any software, code or data contained on this Website.
  • remove any copyright or other proprietary notations from the Materials.
  • transfer the Materials to another person or "mirror" the Materials on any other server.
  • access or attempt to access other areas of the DaycareHero computer system or other information contained on the system for any purpose as this is strictly prohibited.
  • use any robot, spider, other automatic or manual process or device to "screen scrape", monitor, "mine", or copy webpages on the Site or the content contained herein without DaycareHero's express written permission.

Upon violations of any of these restrictions, your rights to use this Website will be terminated and you should destroy any downloaded Materials in your possession whether it is printed or electronic format.

Content

The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. DaycareHero reserves the right to remove any content on this Website that allegedly infringes another person's copyright. DaycareHero also reserves the right to terminate Users who are repeat offenders of the copyright law violation. If you believe in good faith that Materials hosted by DaycareHero infringe your copyright, you may send us a notice requesting that the Materials be removed, or access to them blocked. For faster response, notices regarding alleged infringement of copyrights should be emailed to admin@daycarehero.com. If you must send your notice by physical mail, it will take substantially longer for us to receive it and respond to it. Notices by mail should be sent to the address below:

DaycareHero, LLC
500 W Hamilton Ave, #112001,
Campbell, CA 95008.

If you are the User who posted the contents that allegedly infringes other's copyrights, but believes in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Please use the same method of contact as specified above to send us your counter-notice.

Safety Precautions

PARENTS, LEGAL GUARDIANS AND ALL USERS SEEKING CHILDCARE THROUGH DAYCAREHERO AGREE THAT DAYCAREHERO HAS NO CONTROL OVER, NOR DO WE ASSUME RESPONSIBILITY FOR THE CONDUCT OF THE CHILDCARE FACILITIES' EMPLOYEES, THEIR REPRESENTATIVES, BUSINESS PRACTICES, POLICIES, AND THE LIKE. DAYCAREHERO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE CHILDCARE FACILITIES OWNERS OR ALL PARTIES INVOLVED IN RUNNING THE BUSINESS. WE ALSO DISCLAIM WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (Learn more about this from the subsection of Disclaimer & Limitation of Liability). WE STRONGLY ADVISE THAT YOU DO YOUR DUE DILIGENCE IN TAKING PRECAUTIONARY MEASURES DURING THIS CHILD-CARE SEARCH PROCESS. Listed below are some actions we highly suggest (but not limit to):

  • Personally visit the facilities, scheduled or unannounced.
  • Interact with the children's (potential) caretakers or teachers in the facilities.
  • Interview the managers, business owners, facility employees to know their policies, practices and day-to-day operations. Ask all your questions and get answers.
  • Do your research and investigate the facilities to see if there are any known outstanding violations, red flags or unfavorable reviews from other fellow parents.
  • (You can name your own steps here...)

YOU ARE SOLELY RESPONSIBLE FOR ALL THE DECISIONS YOU MAKE DURING YOUR CHILDCARE SEARCH PROCESS. While we are striving to ensure that with good faith we provide a list of good facilities for your viewing, we may not always be able to keep track of every single change in their licensing records. Our job is to provide you a narrowed-down option based on your search criteria, but we will not be involved in any decision-making process. We hope you will be able to make a well-informed decision before performing the action of signing up your child at any given facility of your choice.

If while conducting your own parental research during this process you happen to learn about a serious incident committed by a childcare facility, please firstly report all criminally-related offences to the governing authorities and law enforcement and then notify us at admin@daycarehero.com so we can take the appropriate actions (such as but not limited to removal of listing and account termination) on the offending facility.

Disclaimer & Limitation of Liability

The Services, Materials, content or data on this Website are provided "as is". DaycareHero makes NO WARRANTIES, expressed or implied, including but not limited to: Warranties as to the services or products offered by any business entity on the Site, conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or the use of the Services being uninterrupted, secure and/or without error. Further, DaycareHero does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services, Materials, content or data on its Website or otherwise relating to such Materials or on any sites linked to this site.

In no event shall DaycareHero be liable for any actual, punitive, exemplary, reliance, special, incidental, indirect or consequential damages of any kind, or any damages whatsoever which may include but not limited to business interruption, work stoppage, loss of profit, loss of goodwill, reputational harm, loss of information or data, computer malfunction or any technical failures, arising out of the use or inability to use this Website or any website linked from this Site, whether or not we have been advised of the possibility of such damage.

Revisions and Errata

The Materials appearing on this Website could include technical, typographical, or photographic errors. DaycareHero does not warrant that any of the Materials on its Website are accurate, complete, or current. DaycareHero may make changes to the Materials contained on its Website at any time without notice. DaycareHero does not, however, make any commitment to update the Materials.

Links

DaycareHero has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DaycareHero of the site. Use of any such linked website is at the user's own risk.

Governing Law

Any claim relating to this Website shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.