FindingDaycares.com Terms of Use
and User Agreement

FindingDaycares.com Terms of Use

When submitting content to FindingDaycares.com whether in the form of reviews, editorials, comments, ratings or your profile page the following are inappropriate:

• Violating the intellectual property rights of a third party
• Creating more than one account
• Re-establishing an account on FindingDaycares.com after your account has been terminated
• Defaming a third party
• Selecting or using a Member ID or photo that violates someone's trademark rights
• Affecting the way FindingDaycares.com displays its pages, such as by framing FindingDaycares.com or placing pop-up windows over its pages
• Using any automated means to access the site or collect any information from the site
• Using ActiveX, Java, Javascript, cookies, web bugs or tracking technologies (such as HumanClick or Sitemeter)
• Collecting any personal information about users through FindingDaycares.com, including, but not limited to, their username, password, name, address, or phone number
• Using emails tools (such as "Email this page") to send spam
• Sharing your password with a third party
• Publishing or using files or processes that pose a threat to the proper technical operation of the system or to the security of other members
• Provide any content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Customizing FindingDaycares.com in a way that adversely affects the display of any advertising or promotional links on the site
• Requesting search engines to crawl or index any portion of FindingDaycares.com
• Modifying or creating variant versions of FindingDaycares.coms' logos or other trademarks
• Illegal activity under the laws of Virginia and the United States
• Speaking on behalf of FindingDaycares.com, describing yourself as a FindingDaycares.com employee or using FindingDaycares.com letterhead
• Posting material containing profanity, vulgarity, hate speech or threats of violence
• Including contact or personal information about another individual without their permission
• Including any pornographic content (This includes any sexually explicit pictures.)
• Submitting content that is reasonably likely to offend a person looking for information
• Harassing another member
• Publishing the same review more than once. A review may only be published more than once if the review compares two listings and there is at least a 100 word difference between the two reviews
• Using advertisements, paid links, affiliate marketing, or any form of link spam.

FindingDaycares.com User Agreement

This User Agreement (or "Agreement") is a legal agreement between you and eSmeb Incorporated, (doing business as "FindingDaycares.com" or "us") governing your participation on the FindingDaycares.com site. By using, accessing or registering as a member of FindingDaycares.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use FindingDaycares.com.

We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on FindingDaycares.com, which take effect when we post them. By continuing to access or use FindingDaycares.com after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

A Note About Minors. FindingDaycares.com is not targeted towards, nor intended for use by anyone under the age of 18. By using FindingDaycares.com, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register at FindingDaycares.com. We reserve the right to terminate your membership in the event that FindingDaycares.com becomes aware you are under 18.

Membership. You may become a "Member" of FindingDaycares.com, which may grant you additional privileges, by completing either the on-line parent membership application form or the on-line daycare membership application form. Becoming a Member allows you to post content at FindingDaycares.com. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available by eSmeb Incorporated. You are responsible for safeguarding the password that you use to access any secure areas of FindingDaycares.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify FindingDaycares.com of any unauthorized use of your password.

Content. FindingDaycares.com provides a number of different services to assist you in finding daycare or advertising daycare. FindingDaycares.com provides information regarding daycares, and links to daycares. FindingDaycares.com is paid by daycares or other third parties to list daycares on FindingDaycares.com. The daycares listed on FindingDaycares.com are third party service providers, and daycare is not provided by FindingDaycares.com.

FindingDaycares.com does not sell, resell or license any daycare listed on FindingDaycares.com, nor is FindingDaycares.com acting as an agent of sale. FindingDaycares.com disclaims any responsibility for, or liability related to, such services (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate daycare provider.

FindingDaycares.com does not warrant that daycare descriptions, pricing, editorial commentary or any other content on FindingDaycares.com, regardless of its source, is accurate, complete, reliable, current or error-free. FindingDaycares.com content is provided for informational purposes only and does not constitute an endorsement by FindingDaycares.com of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). FindingDaycares.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings ( e.g. daycare rating, parent reviews) or other content on FindingDaycares.com.

Daycare reviews and ratings on FindingDaycares.com are from our members who have elected to post a review on FindingDaycares.com. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a daycare or other third party in any given transaction.

Participating daycares and other third parties may pay FindingDaycares.com to be presented on FindingDaycares.com or to have their product or service offerings placed higher in our search results, and may also purchase research from FindingDaycares.com, but in no event do such payments affect the reviews or ratings given to any daycare by participating members.

You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to FindingDaycares.com, and any other content appearing on FindingDaycares.com, will remain the exclusive property of FindingDaycares.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use FindingDaycares.com, or any other content appearing on FindingDaycares.com. You may not copy or modify the HTML code used to generate web pages on FindingDaycares.com. You may not use FindingDaycares.com, or any other content appearing on FindingDaycares.com, on or in connection with any other website, for any purpose.

Content Submission. By contributing or submitting any content to FindingDaycares.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant FindingDaycares.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of FindingDaycares.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. FindingDaycares.com reserves the right to change, condense or delete any content on FindingDaycares.com that FindingDaycares.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references addresses, email addresses, contact information or phone numbers;
• or that contains any computer viruses, worms or other potentially damaging computer programs or files.

In addition, you agree to comply with FindingDaycares.com Terms of Use (At the top of this page), which are deemed to be incorporated into this Agreement.

You retain all ownership rights to information, text, graphics, or other materials you publish on FindingDaycares.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from FindingDaycares.com at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes.

It is not a violation of the User Agreement to post your reviews to other sites.

We ask that you refer or provide links to FindingDaycares.com if you choose to republish your content elsewhere, although this is not mandatory.

Copyrights. All content available on FindingDaycares.com, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by eSmeb Incorporated, with all rights reserved, or is the property of FindingDaycares.com or third parties protected by intellectual property rights.

FindingDaycares.com's service marks/trademarks may not be used in connection with any product or service that is not provided by FindingDaycares.com, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits FindingDaycares.com.

If you believe content on FindingDaycares.com infringes your copyright, you should send notice of copyright infringement to FindingDaycares.com's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

1. An identification of the copyrighted work claimed to have been infringed
2. An identification of the material that you claim is infringing so that we may locate it on the site
3. Your address, telephone number and email address
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
6. Your signature

The notice should be mailed to:
FindingDaycares.com
Attn: Copyright Agent
6702 Rockledge Place
Centreville, VA 20121
U.S.A.

Upon receipt of notice as described above, FindingDaycares.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from FindingDaycares.com.

Trademarks. FindingDaycares.com is not in a position to arbitrate trademark disputes between the advertisers on FindingDaycares.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, FindingDaycares.com does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via FindingDaycares.com, and trademark owners should contact third party sites directly to resolve trademark disputes.

As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.

If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on FindingDaycares.com that is consistent with the foregoing, or you believe that we have improperly used your registered trademark to promote FindingDaycares.com on a third party website, please provide the following information in a signed letter on company stationery:

1. Name of Company
2. Contact information (including email address)
3. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
6. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
7. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
8. Your signature

Please send this written communication with the above information to the following address:
FindingDaycares.com
Attn: Trademark Complaints
6702 Rockledge Place
Centreville, VA 20121
U.S.A.

Upon receipt of notice as described above, FindingDaycares.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate , including removal of the challenged content from FindingDaycares.com. In the event that the challenged content has been provided to FindingDaycares.com by a third party and in FindingDaycares.com's sole discretion, it concludes that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, FindingDaycares.com will provide notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, FindingDaycares.com will not remove the content.

Notwithstanding the foregoing, FindingDaycares.com will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Termination. You can cancel your account at any time by contacting Customer Support. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). FindingDaycares.com may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), (1) at their sole option, FindingDaycares.com and its licensees may continue or stop publicly displaying some or all of your content.

Other Rules. You agree to comply with FindingDaycares.com Terms of Service, which are incorporated into this Agreement at the top of this page, and with all laws and regulations applicable to your access and use of FindingDaycares.com and publishing your content. You may not harvest personal data (including email addresses, names, phone numbers, addresses) from FindingDaycares.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that FindingDaycares.com has no obligation to monitor your access to or use of FindingDaycares.com, but has the right to do so for the purpose of operating FindingDaycares.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access FindingDaycares.com or collect information from it.

Indemnity. By choosing to use FindingDaycares.com, you agree to indemnify FindingDaycares.com, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through FindingDaycares.com; or of your use of or connection to FindingDaycares.com; your violation of the User Agreement; or, your violation of any rights of another.

Release. Because we are a venue, in the event that you have a dispute with one or more users of FindingDaycares.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge FindingDaycares.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than Virginia as it pertains to the enforcement of the release in this section.

Liability Limits. ESMEB INCORPORATED. AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH FINDINGDAYCARES.COM AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Governing Law/Arbitration. This Agreement is governed by Virginia law as such laws apply to Agreements entered into and to be performed entirely within Virginia between Virginia residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or FindingDaycares.com shall be settled by binding arbitration in Fairfax County, Virginia in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Virginia law. However, (a) each of us may seek interim relief from a Fairfax County, Virginia court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Integration. This Agreement, FindingDaycares.com Terms of Use and our Privacy Policy, (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

Disclaimer of Warranties. THE FINDINGDAYCARES.COM NETWORK AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. FindingDaycares.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of daycares, parents, or advertisers found on FindingDaycares.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and daycare provider, family, or advertiser. You agree not to hold FindingDaycares.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such daycares, families or advertisers on FindingDaycares.com. In addition, FindingDaycares.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on FindingDaycares.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by FindingDaycares.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.

General. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with FindingDaycares.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by FindingDaycares.com.

Last Updated: 9/8/2008