1. Terms of Site Use for our Website
Our website provides you with general information about our programs and services. You may apply to or register for those programs and services (for example, enrolling your child in one of our child care programs or signing up for electronic payments) by using our site. While we want you to enjoy the experience of visiting our site, we also want you to understand the terms to which you agree when you visit or use our site.
2. Compliance with Our Terms
You agree to use our site only in accordance with our Terms, whether you are a "visitor" (which means that you simply browse our site) or you are a "registered user" (which means you have registered with us for one or more of our services). As used in these Terms, "user" means either a "visitor" or a "registered user." Please read and save a copy of all of our Terms. If you do not agree with our Terms, do not use our site or any of its features. If you register with us online, you will be required to accept our Terms.
References to "we," "our," and "us" in the Terms mean KinderCare Education LLC, a Delaware limited liability company, and our affiliates, service providers and designees as we deem appropriate. Use of our site and its features is void where prohibited.
3. Consent To Do Business Electronically
These Terms contain important information regarding how you may transact business with us electronically. Doing business electronically with us is your choice. By accessing our site, signing in, or clicking the “I accept” box and typing your name on the Enrollment Request page of Family Connection, you consent to (a) KCE communicating with you in electronic form and (b) to entering into agreements and transactions, including KCE’s Enrollment Agreement, using electronic records and signatures. Federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand. Therefore, online contracts have the same legal force as signing an equivalent paper contract in ink.
We primarily communicate with you verbally or via written communication. By accessing our site, you consent to receiving all applications, notices, disclosures and authorizations (which we refer to, collectively, as "records") from us electronically rather than in paper format. You must have a computer (or other similar device), connection to the Internet and the ability to receive and read PDF files in order to conduct business with us electronically. If you wish to receive records in paper format or withdraw your consent to receiving electronic records from us, you may send a written request to your center director. Agreements and transactions executed prior to this request will remain valid and enforceable.
You agree to print out or download records from our site and keep them for your own records. If you have any trouble printing out, downloading or accessing any records, you may contact us at 1-877-778-2090.
4. Activating Your Account
If you register with us, you will receive an email confirming that you have completed the registration process. If you do not receive an email from us within a reasonable time period after you register with us, please contact us at 1-877-778-2090.
Our Terms, as we may amend them from time to time, will remain in full force and effect so long as you use our site. We may amend or terminate any of our Terms at any time, and any amendment or termination will be effective at the time we post the revised Terms on our site. Each time you use our site, you should visit and review the then-current Terms that apply to use of our site. Your continued use of our site after we have posted amended Terms signifies your acceptance of the amended Terms. If you are dissatisfied with our site, its content or any of our Terms, you agree that your sole and exclusive remedy is to discontinue using our site.
6. Your Use of Our Site
By using our site and its features, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of our site and its features does not violate any applicable law, rule or regulation.
If you register as a user on our site, you are responsible for maintaining the confidentiality of your account and password, and you are responsible for all matters relating to your account and password.
7. ADA Compliance
Our practice is to enroll children in our centers and programs in compliance with the Americans with Disabilities Act of 1990, its implementing regulations and all other applicable federal, state and local laws, including those that relate to the provision of services to people with disabilities. We reserve the right to disenroll any child who presents a risk to the health or safety of other children or our staff or whose needs may not be met in our centers and programs.
We own and control our site and, except as otherwise expressly stated, it and its content are protected by applicable copyright laws, both U.S. and foreign. The copyrighted material on our site includes, without limitation, the text, design, software, images, graphics, trade dress, course code and other content. Except as expressly provided in our Terms, you do not acquire any ownership or other right in our site or its content by accessing, viewing or downloading copyrighted material.
9. Trademark and Service Marks
Some of the marks on our site are registered trademarks or service marks owned by us or by our affiliates in the United States and other countries. Various other trademarks and service marks used on our site are the property of their respective owners, and we use them with their consent. The absence of a name or logo on our site does not constitute a waiver of any intellectual property rights that we or our affiliates have established in any of our products, features, service names or logos. We and the other licensors of the marks on our site reserve all rights with respect to all trademarks, service marks, logos, trade names, trade dress and any other indicia for source of goods or services (all which we refer to as our "marks"). You may not use our marks for any purpose not expressly stated in our Terms, including in any way that might confuse or that disparages us. Any unauthorized use of any of our marks is strictly prohibited. This notice does not constitute any form of license to use any of our marks. Rights or a license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent is authorized to grant any rights or to authorize the use of any of our marks. Any such attempted grant or related promise or guidance is invalid.
OUR SITE IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE CANNOT GUARANTEE OUR SITE’S AVAILABILITY AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF OUR SITE. YOU USE OUR SITE AT YOUR OWN RISK.
We are not responsible for and make no warranties, express or implied, as to any content on our site, including, without limitation, with respect to the accuracy and reliability of any content posted on or through our site, whether caused by us, by our agents or representatives, by users, by any of the equipment or programming associated with or utilized by our site or otherwise. Our site may contain links to other websites, and we are not responsible for the content, accuracy or opinions expressed on those other websites, and we do not investigate, monitor or check those websites for accuracy or completeness. Inclusion of any linked website on our site does not imply our approval or endorsement of the linked website. When you access these third party sites, you do so at your own risk. We take no responsibility for third-party advertisements or third-party applications that are posted on or through our site, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for any act or omission (whether online or offline) of any user of our site including for any user’s posting of content on our site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems, damage, injury or malfunction relating to our site or your use of it (including those that may arise from or through communication network or lines, computer online systems, viruses or other malware, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet and/or on our site). Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of our site, from the conduct of any users (whether online or offline), or otherwise. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of (or inability to use) our site. We will not be liable to you if you are unable to access information through our site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so some of the above limitations or exclusions may not apply to you.
11. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU RELATED TO OR ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
You agree to indemnify and hold us, our subsidiaries and our affiliates, and their respective MEMBERS, directors, officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, damages, or demand, including without limitation reasonable attorneys’ fees, due or relating to or arising out of (i) your use of our site in violation of our Terms, (ii) your breach of our Terms, or (iii) any breach of your representations and warranties set forth in our Terms.
Our Terms will be construed, and their performance enforced, under the laws of the State of Delaware without reference to conflicts of law principles. Any dispute relating to our Terms or site shall be litigated only in a court having jurisdiction and venue in Multnomah County, Oregon for state court causes of action and in the District of Oregon for federal court causes of action. By using our site, each user expressly consents to the exclusive jurisdiction of those courts. We may assign our Terms, in whole or in part, to an affiliated entity or to a third party without notice to our users.
Any dispute or claim relating to or arising out of the Terms must be submitted to nonbinding mediation prior to the commencement of arbitration, litigation, or any other proceeding before a trier of fact. The parties agree to act in good faith in any such mediation and to identify a mutually acceptable mediator. If a mediator cannot be agreed upon by the parties, each party shall designate a mediator, and those mediators shall select a third mediator who shall act as the neutral mediator to assist the parties in attempting to reach a resolution. All parties to the mediation shall share equally in its costs.
You accept our Terms upon your use of our site or any of its features. Your acceptance constitutes a binding legal contract. Our Terms constitute the entire agreement between you and us regarding your use of our site and its features. Our failure to exercise or enforce any right or provision in our Terms shall not operate as a waiver of such right or provision. The section titles in our Terms are for convenience only and have no legal or contractual effect. Our Terms operate to the fullest extent permissible by law. If any provision of our Terms is held by a court to be unlawful, void or unenforceable, that provision is deemed severable from our Terms and shall not affect the validity and enforceability of the other provisions in our Terms.
Last updated: March 10, 2017