Terms and Conditions of Service

 

MyToddlerLink, Inc., d/b/a MyToddlerLink.com^TM (MyToddlerLink.com) offers access to certain software, website accessible services and other related services through its internet servers to its Users (MyToddlerLink.com's Service). These Terms and Conditions of Service set forth the basic rules that apply to MyToddlerLink.com's Service and use of its system. MyToddlerLink.com's offer of MyToddlerLink.com's Service is made pursuant to these Terms and Conditions of Service (the Agreement). MyToddlerLink.com may change this Agreement in the future upon notice published on‑line or otherwise provided by MyToddlerLink.com.

 

This Agreement will constitute a binding contract between you and MyToddlerLink.com and as such set forth your unilateral obligations to MyToddlerLink.com, MyToddlerLink.com's unilateral obligations to you and the mutual obligations that are owed to each other. Throughout these terms and conditions, you, the User, will be referenced in a variety of ways including as you, User, your, and/or yourself. If the Agreement, MyToddlerLink.com's Service, system, or pricing is or becomes unacceptable to a User, the User's only right shall be to terminate its license in accordance with the Section labeled "Termination and Suspension" below.

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING MYTODDLERLINK.COM'S SERVICE OR ACCESSING ITS SYSTEM. BY USING MYTODDLERLINK.COM'S SERVICE AND SYSTEM, YOU, AS A USER, AGREE THAT YOUR USE OF MYTODDLERLINK.COM'S SERVICE AND SYSTEM IS PROVIDED IN CONSIDERATION OF YOUR AGREEMENT TO COMPLY WITH AND TO BE LEGALLY BOUND BY THIS AGREEMENT INCLUDING WITHOUT LIMITATION THOSE SECTIONS ENTITLED SOFTWARE ACCESS SERVICE, SOFTWARE LICENSE AND PROPRIETARY RIGHTS. BE ADVISED THAT MYTODDLERLINK.COM MAY MODIFY THIS AGREEMENT AT ANY TIME IN THE FUTURE. MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT OR BY OTHER NOTIFICATION TO YOU. AT REGULAR PERIODIC INTERVALS, YOU AGREE TO REVIEW THIS AGREEMENT AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM MYTODDLERLINK.COM FROM TIME TO TIME FOR THE PURPOSE OF MAKING YOURSELF AWARE OF SUCH MODIFICATIONS, AND YOUR CONTINUED ACCESS OR USE OF MYTODDLERLINK.COM'S SERVICE AND SYSTEM SHALL BE DEEMED AN EFFECTIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

 

I. General

 

1. You agree to provide MyToddlerLink.com, upon registration, with accurate, complete, and updated registration information in exchange for your license to use the MyToddlerLink.com Services and systems by virtue of your account. If you do not provide MyToddlerLink.com with accurate registration information, you are not authorized to use MyToddlerLink.com's Service and system and your license and account may be terminated immediately. YOU AGREE BY REGISTERING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. AMONG OTHER THINGS, THIS MEANS (1) IF YOU ARE REGISTERING FOR AN INDIVIDUAL LICENSE/ACCOUNT, YOU MUST BE AN INDIVIDUAL OF AT LEAST EIGHTEEN (18) YEARS OF AGE ENROLLING UNDER YOUR OWN NAME, AND (2) YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD ENROLLED IN A MEMBER DAY CARE CENTER.

 

2. Confidentiality and Use and Release of User Information. MyToddlerLink.com will not intentionally disclose the content of any private electronic communication concerning you to any third party unless permitted or required by law or authorized by you.

 

MyToddlerLink.com treats electronic messages as private. Exceptions to this general policy of privacy include those exceptions existing due to the permission or requirements of the law, including without limitation the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits MyToddlerLink.com limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect MyToddlerLink.com's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where MyToddlerLink.com receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of MyToddlerLink.com's system. In addition, although MyToddlerLink.com has implemented certain security measures, MyToddlerLink.com cannot warrant that its system or stored data of a User will be free from unauthorized intrusion and cannot otherwise warrant the privacy of information of any user.

 

3. Charges and Payment. For main account holders (not Users granted secondary access rights under the main account holder), charges applicable to the MyToddlerLink.com Services for User are set forth in the registration process at this site and in any registration processes for premium services and supplemental services. In the future, current charges, including billing methods, rates, and surcharges for using MyToddlerLink.com's Service and system, may be obtained by completing a registration process for the services or viewing the offers present at the site. MyToddlerLink.com reserves the right to change, revise or modify any service charges and to institute any new charges or modified services. Such changes, revisions, modifications or institutions of new charges or services will be effective upon notice to User. User agrees to the following payment terms: User agrees to pay all fees, connect time charges, minimum charges and other charges incurred by User or on User's license and account at the rates in effect during the billing period in which the charges were incurred, including any surcharges incurred while using any premium or supplemental services or features for which a surcharge is made upon the User or MyToddlerLink.com. User shall pay any and all applicable sales, use and like taxes which accrue as a result of a use of MyToddlerLink.com's Service and system by User or on User's license and account. All payments shall be made by User pursuant to the current Charges provided to the User. Payment terms on fees are net thirty (30) days. Payments not made within 30 days of billing date are considered delinquent. Delinquent customers are subject to immediate suspension and/or termination without notice. Charges will not be pro‑rated. Until MyToddlerLink.com is notified pursuant to the Notice provision of this Agreement found in Section VI (Notice), you will remain responsible for any unauthorized use of MyToddlerLink.com's Service and systems occurring on your license and account, including without limitation all Charges. Cancellation or termination of this Agreement, or any component herein, on the part of MyToddlerLink.com shall not be construed as a waiver of right to collect monies already owed to MyToddlerLink.com. This Section regarding charges, enforcement of the agreement and the collection of monies owed will survive termination of this Agreement.

 

4. At regular periodic intervals, you agree to review this Agreement as published online or otherwise available from MyToddlerLink.com from time to time for the purpose of making yourself aware of any modifications and your continued access or use of MyToddlerLink.com's Service and system shall be effective acceptance of any modified agreement. If this Agreement, the Terms and Conditions of Service, MyToddlerLink.com's Service, system, or pricing is or becomes unacceptable to a User, the User's only right shall be to terminate its License in accordance with the Section labeled "Termination and Suspension" below.

 

II. Service Details

 

1. Pursuant to this Agreement, MyToddlerLink.com may provide you with unlimited connectivity to the proprietary MyToddlerLink.com software and the software which MyToddlerLink.com licenses, at its sole discretion, from third parties for your benefit which are necessary to display the MyToddlerLink.com website through MyToddlerLink.com's Service pursuant to the Software License. MyToddlerLink.com shall not be obligated to provide Software, including the aforementioned software, or any other software or equipment necessary to view the content of the world wide web or internet or its own content. There is no assurance that MyToddlerLink.com will be able to continue to provide such connectivity or that the MyToddlerLink.com Service will be usable by you in the future. MyToddlerLink.com cannot and will not guarantee that MyToddlerLink.com's Service will provide software access that is sufficient to meet your needs. You agree that your use of MyToddlerLink.com's Service and the internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MYTODDLERLINK.COM'S SERVICE AND SYSTEM, YOUR LICENSE AND ACCOUNT AND THE INTERNET.

 

2.                  You understand that MyToddlerLink.com does not and cannot control or warrant the content, quality or accuracy of information available through its system or over the internet in general. Such information includes without limitation information, communications, software, photos, video, graphics, music, sounds and other material and services located both on MyToddlerLink.com's system and on the internet ("Content").

 

3.                  MyToddlerLink.com's Service and system may only be used for lawful purposes and in a manner which MyToddlerLink.com believes, in its sole discretion, to be consistent with the rights of other MyToddlerLink.com Users and third parties. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to MyToddlerLink.com's site or system with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the personal or property rights of others, including privacy rights and publicity rights, unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use MyToddlerLink.com's site or system to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (g) upload files that contain a virus or corrupted data.

 

4.                  MyToddlerLink.com does not directly or indirectly participate in investigative or child protective services as part of MyToddlerLink.com's Services or systems. IT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO WHETHER OR HOW OFTEN YOU WILL BE ABLE TO MONITOR YOUR CHILD'S ACTIVITIES, NOR DOES IT WARRANT OR REPRESENT THAT MYTODDLERLINK.COM'S SERVICE OR SYSTEMS WILL SAFEGUARD YOUR CHILD FROM HARM.

 

5.                  YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MYTODDLERLINK.COM'S SERVICE AND SYSTEM, THE INTERNET AND YOUR USER LICENSE, ACCOUNT, IDENTITY AND PASSWORD. MYTODDLERLINK.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE) WITH REGARD TO MYTODDLERLINK.COM'S SERVICE, SYSTEM, THE SOFTWARE, ANY PRODUCTS, MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH (OR AS THE RESULT OF THE USE OF) MYTODDLERLINK.COM'S SERVICE OR SYSTEM OR THE INTERNET. MYTODDLERLINK.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM USE OF MYTODDLERLINK.COM'S SERVICE OR SYSTEM OR THE INTERNET AS IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, PRODUCTS, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH MYTODDLERLINK.COM'S SERVICE OR SYSTEM OR ON THE INTERNET.

 

MYTODDLERLINK.COM DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE SOFTWARE OR MYTODDLERLINK.COM'S SERVICE OR SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. MYTODDLERLINK.COM DOES NOT WARRANT THAT DEFECTS IN MYTODDLERLINK.COM'S SERVICE OR SYSTEM, THE SOFTWARE OR INFORMATION AT MYTODDLERLINK.COM'S WEBSITE WILL BE CORRECTED.

 

MYTODDLERLINK.COM'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF MYTODDLERLINK.COM'S SERVICES, SYSTEM, SOFTWARE OR INFORMATION, AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID TO USE MYTODDLERLINK.COM'S SERVICE.

 

III.                  Software License

 

The MyToddlerLink.com Software and the Third-Party Software is owned by MyToddlerLink.com or its licensors. By this Agreement, MyToddlerLink.com grants to you a non‑transferable, non-assignable, non-exclusive, revocable and limited (i) license to use the software as it resides on MyToddlerLink.com's internet servers (and its electronic documentation), together with all updates, enhancements, modification and fixes made available to you on those servers, which relate to the use and performance of MyToddlerLink.com's Service (collectively the MyToddlerLink.com Software), and (ii) sublicense to use the software as it resides on MyToddlerLink.com's internet servers (and its electronic documentation), together with all updates, enhancements, modification and fixes provided to you on those servers, which are provided to MyToddlerLink.com by any third party and which relate to the use and performance of MyToddlerLink.com's Service (collectively the Third-Party Software). You agree (a) to use the MyToddlerLink.com Software and Third-Party Software (collectively Software) solely in connection with your use of MyToddlerLink.com's Service, (b) to use the Software as maintained on the MyToddlerLink.com server only on a personal computer for which you control access to the Software, (c) not to permit any third parties to access the Software or MyToddlerLink.com's Service, (d) that MyToddlerLink.com retains ownership of the MyToddlerLink.com Software and its Services and system and any MyToddlerLink.com trademark rights contained in any MyToddlerLink.com trademarks, service marks or logos incorporated therein; and (e) that you will comply with all terms and conditions applicable to Third-Party Software sublicensed to you following notice of such terms and conditions. You have no right to assign or transfer any of your rights or interests in this Agreement and, as a result, you have no right to sublicense, assign or transfer this Software License. The licenses granted in this paragraph shall continue in effect until termination of the User's access and any rights and privileges under this Agreement.

 

IV. Proprietary Rights

 

1. The entire contents of MyToddlerLink.com's Service and system which are created by MyToddlerLink.com are copyrighted material under the law of the United States and otherwise. The owner of that copyright is MyToddlerLink.com. You may print and download portions of material, except for the Software, from the different areas of MyToddlerLink.com's Service and system solely for your own uses as documented to MyToddlerLink.com. Any other copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited without the express written consent of the copyright owner.

 

2. Your use of the Software provides you access to proprietary features of the Software. MyToddlerLink.com and its software licensors have proprietary rights in their respective Software, including without limitation the software, the software documentation, the "look and feel" of MyToddlerLink.com's Service, MyToddlerLink.com's Service names, User interfaces, and other features. You have no right to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Software or MyToddlerLink.com's Service.

 

V.                  Indemnification.

 

User agrees to release, indemnify, defend and hold harmless MyToddlerLink.com, its officers, directors, employees, agents, licensors, suppliers and any party who provides information or equipment to MyToddlerLink.com's Service or systems from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from use of MyToddlerLink.com's Service or system, any violation of this Agreement or any activity related to User's License or Account, including without limitation negligent, intentional or wrongful conduct by the User or any other person accessing MyToddlerLink.com's Service or system using the User's License or Account.

 

VI. Termination and Suspension.

 

1. This Agreement shall commence upon the completion of the registration process by the User.

 

2. The User's access and any rights and privileges under this Agreement may be terminated, restricted or suspended by MyToddlerLink.com, at its sole discretion and without notice, at any time for any reason and may be terminated by User upon notice to MyToddlerLink.com at any time for any reason. MyToddlerLink.com's reservation of its right to terminate, restrict or suspend the User's access to the MyToddlerLink.com Services or system and any rights and privileges under this Agreement does not create an obligation on the part of MyToddlerLink.com to exercise its right. MyToddlerLink.com will have no liability to you for any termination, restriction or suspension of MyToddlerLink.com's Service.

 

3.                  Your only right with respect to any dissatisfaction with any (i) Agreement term, policy, or practice of MyToddlerLink.com in operating its system or providing MyToddlerLink.com's Service; (ii) Software or Content available on or through MyToddlerLink.com's Service or a modification, revision, suspension or change therein; or (iii) amount or type of fees or billing methods, or change therein, is to give notice of termination to MyToddlerLink.com thereby terminating the User's access to MyToddlerLink.com's Service together with and any rights and privileges under this Agreement.

 

4.                  TERMINATION, RESTRICTION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE.

 

5.                  MyToddlerLink.com reserves the right to delete all program, data, or other files on MyToddlerLink.com's system that are associated with your License at the time of termination. MyToddlerLink.com's reservation of its right to delete all program, data, or other files on MyToddlerLink.com's system that are associated with your License does not create an obligation on the part of MyToddlerLink.com to exercise its right.

 

The provisions of this Section as well as the provisions of Section I, paragraph 2 (Confidentiality and Use and Release of User Information), Section I, paragraph 3 (Charges and Payment), Section II (Service Detail), Section V (Proprietary Rights), Section VI (Indemnification), Section VII (Third-Party Rights), Section IX (Miscellaneous) and Section XI (Entire Agreement) shall survive any termination of this Agreement.

VII. Miscellaneous

 

1. MyToddlerLink.com is not liable for failing to fulfill its obligations due to acts of God, civil or military authority, war, strikes, fire, failure of its suppliers to meet commitments or other causes beyond its reasonable control.

 

2.                  If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby. In addition, the provision of the Agreement which is held to be invalid, illegal or unenforceable will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties.

 

3.                  The Agreement is entered into in and shall be governed by the internal laws of the Commonwealth of Virginia and not the laws regarding conflicts of laws of the Commonwealth of Virginia. You and MyToddlerLink.com agree to jurisdiction in the Commonwealth of Virginia and that the proper venue for any dispute will be the Loudoun County Circuit Court or the United States District Court for the Eastern District of Virginia, Alexandria Division and in the event that there is no other manner of service hereby appoint the Secretary of the Commonwealth of Virginia.

 

4.                  MyToddlerLink.com may deliver notices to you under this Agreement by means of electronic mail on MyToddlerLink.com's Service and system, a general notice on MyToddlerLink.com's Service and system, or by written communication delivered by first class mail to User's address as it appears on record in MyToddlerLink.com's registration records. You may give notice to MyToddlerLink.com, direct complaints or request additional information relating to MyToddlerLink.com's Service and system by electronic mail to info@mytoddlerlink.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address MyToddlerLink, Inc. 102 Executive Dr Suite D Dulles Virginia 20166, Attn: Mr. Cyril Uy.