Terms Of Use
This Terms of Agreement contains all of the terms and conditions between Peas In A Pod learning center, Peasinapodlc.com and you ( Parent, Visitor and/or any other user ) and governs the use of the service offered at the Peasinapodlc.com Website (the Site ). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this Agreement ), whether or not you are a parent of a child attending Peas In A Pod learning center or family, friend or other. If you wish to use the Peasinapodlc.com service (the Service ), then please read this Agreement. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. Use of this service constitutes an acceptance of the Agreement and the Peasinapodlc.com Privacy Policy. Use is considered to be a viewing or posting any information on the Peasinapodlc.com site. The Terms of Use are subject to change at any given time by Peasinapodlc.com, effective upon posting on the Peasinapodlc.com Website, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified, such modifications to be proposed upon posting or viewing by Peasinapodlc.com on the Site. Continued use of the site by the user constitutes acceptance of said modifications. This Agreement includes the Peasinapodlc.com Privacy Policy. By accessing the Site, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site, you consent to have this Agreement provided to you in electronic form.
2. NO WARRANTY.
All information communicated via our site Peasinapodlc.com constitutes an electronic communication. Communicating with us through electronic media, such as e-mail, you are communicating with us electronically. The information and materials contained in this website, including text, graphics, pictures, information, links or other items are provided as is , as available. You have given us permission to post pictures of your child. This page should be
private only accessed through a personal login-in.
DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
3. RELEASE.
By using the Peasinapodlc.com site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Peasinapodlc.com site and services are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction.
Peas In A Pod learning center will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using this Site, you do hereby represent, understand, and expressly agree to hold Peasinapodlc.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Peasinapodlc.com does not publish or make any effort to monitor for validity or accuracy any individuals or organizations, actions, comments, or information provided by third party usage of the Site. You agree to take reasonable precautions in any interactions with other users of the Site, particularly if you decide to meet offline or in person. By using Peasinapodlc.com site you do hereby agree to report any alleged improprieties of any users therein to Peasinapodlc.com immediately by notifying Peasinapodlc.com of the same via electronic correspondence at
kids@peasinapodlc.com
4. EXCLUSIVE USE.
Your account is for your sole, personal use, you may however authorize others to use your account, and you may assign or otherwise transfer your account to any other person or entity. This is your responsobility. We however will never share your child’s personal page without your consent. You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, Content ) that you publish or display (hereinafter, post ) on the Site, or transmit to other users of the Site. You will not post on the Peasinapodlc.com site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Peasinapodlc.com or to any other user of the Peasinapodlc.com site. This includes our facebook page.
5. LIMITATION OF LIABILITY.
In no event will Peasinapodlc.com be accountable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Peasinapodlc.com site, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in association with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Peasinapodlc.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Peasinapodlc.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer applicable to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will Peasinapodlc.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided AS-IS and Peasinapodlc.com EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Peasinapodlc.com cannot vouch for and does not promise any particular results from use of the Site and/or the Service.
Also in regards to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to supersede or substitute for any professional financial, medical, legal, or other advice. Peasinapodlc.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you involve professional or medical advice, you should consult with an appropriately trained and qualified specialist.
6. INFORMATION PROVIDED BY USERS.
We require all users to provide accurate, current and complete information in connection with your registration for use of the Site. Peasinapodlc.com will not be held responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Peasinapodlc.com.
All users are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, Content ) that you publish or display (hereinafter, post ) on the Peasinapodlc.com site or communicate to other users of the site. You will not post on the site, or transmit to other users, any defamatory, inaccurate, insulting, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Peasinapodlc.com or to any other user of the Site. You understand and agree that Peasinapodlc.com may review and delete any subject matter, in each case in whole or in part, that in the sole judgment of Peasinapodlc.com violates this Agreement or which might be offensive, illegal, or that may violate the rights, harm, or threaten the safety of users of the Site. This will include our Facebook page.
Any opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Peasinapodlc.com, are those of their respective authors. Such authors are solely responsible for such content. Peasinapodlc.com does not: (I) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or dependability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Peasinapodlc.com or its affiliates be responsible for any loss or damage resulting from your trust on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
7. PRIVACY.
Peasinapodlc.com will only use the information you provide on the Peasinapodlc.com site in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
8. LINKS TO EXTERNAL SITES.
Links from the Site to external sites (including external sites that are framed by Peasinapodlc.com or inclusion of advertisements do not represent an endorsement by Peasinapodlc.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the user’s obligation to evaluate the content and usefulness of the information obtained from other sites. Peasinapodlc.com does not control such sites, and is not responsible for their content. Just because Peasinapodlc.com has hyperlinks to such sites does not mean that Peasinapodlc.com endorses any of the material on such sites, or has any association with their operators. As a user you acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Peasinapodlc.com Terms of Use and Privacy Policy. Peasinapodlc.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Peasinapodlc.com harmless from any liability that may result from the use of links that may appear on the Site.
9. PROHIBITED USE.
It is encouraged that parents should monitor children's use of the Internet. Peasinapodlc.com is intended for people 18 or over. Peasinapodlc.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. Peasinapodlc.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. And we will not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
The Peasinapodlc.com Site and direct services may not be used by any person or organization to recruit, solicit, or contact in any form Care Seekers or Care Providers for employment or contracting for a business not affiliated with Peasinapodlc.com without express written permission from Peasinapodlc.com. Should Peasinapodlc.com find that you violated the terms of this paragraph or any terms stated herein, Peasinapodlc.com reserves the right, at its sole discretion, to immediately terminate your use of the Peasinapodlc.com Site, either in a manual or automatic manner, Care Provider or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a mirrored , competitive, or third party site.
Although Peasinapodlc.com cannot supervise the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, Peasinapodlc.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
10. CHANGES TO THE SERVICES
Peasinapodlc.com reserve the right to CHANGE or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate that you have acknowledge such changes and satisfaction with the Services being changed.
11. ELIGIBILITY
Parents who have children enrolled in Peas in a pod learning center may share their child’s page with family friends and whom ever they elect to view. By using the Peasinapodlc.com Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals who can form legally binding contracts under applicable law. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Care Provider or any other users of this Site are not the responsibility of Peasinapodlc.com. Peasinapodlc.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any users of this Site. Users do hereby represent, understand and agree to hold Peasinapodlc.com harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.
12. INDEMNIFICATION
By agreeing to the terms of this Agreement, users of the Peasinapodlc.com Site agree to indemnify, defend and hold harmless Peasinapodlc.com, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as Peasinapodlc.com and Affiliates) from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Peasinapodlc.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (I) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in infringement of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Peasinapodlc.com and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Peasinapodlc.com. Users further agree to hold harmless Peasinapodlc.com and Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
13. INFRINGEMENT.
If you think any materials accessible on Peasinapodlc.com is an infringement of your copyright, you may request removal of those materials (or access thereto) from the Peasinapodlc.com Site by contacting Peasinapodlc.com . (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury you are the copyright owner or are authorized to act on the copyright owner's behalf.
Attention: Kids@peasinapodlc.comWe take all measures to protect the rights of copyright owners, Peas In A Pod learning center maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
In addition any trademarks or service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Peasinapodlc.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the previous written permission of the owner as expressly allowed by these Terms of Use.
14. MISCELLANEOUS.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
