1. PRIVACY POLICY
1.1 Welcome!
Welcome to the MyCityChildcare.com web site! Since we value your sense of safety
and comfort, you should take a few moments to look over the following information.
Yes, some of it is in "legal language," but we've tried to make it as understandable as possible.
1.2 We value your privacy
We value your use of this site and want you to know that we respect your privacy
when you visit. We will never sell, lease, rent, or give away any of your personally
identifying information. However, if for some legal reason we must share with law
enforcement officials or officers of a court any personally identifying information we possess
about you, we will. We promise to keep any confidential information you provide
secure otherwise. MyCityChildcare.com, Inc. does not collect personally identifying information
without your knowledge during your visit. Sometimes we do ask
you for personally identifying information so that we can make the web site better. If, for
example, you have a question or a request, we may ask you for more than your
name and contact information to aid us in our response. When you provide such
additional information, you agree to our use of that information.
1.3 We assist our advertisers
We supply our advertisers and others with generalized data for demographic and
marketing purposes that has all personally identifying information removed.
1.4 "Cookies"
We operate like most other web sites in that we store a little piece of computer
code information on your computer to help make your visits to our site more
helpful and efficient for you. These are called "cookies." Your
web browser (for example, Internet Explorer or Navigator) or your anti-virus
sofware can often be set to let you know when a web site attempts to put or
access a cookie on your computer. Our cookies do things like fill in your User ID
and remember what regional city domain name you entered through. We do not use
cookies to track your movements through our site.
1.4 Site security
This web site is not secured to receive financial information. Do not send any
financial information, like credit card numbers or check routing numbers, to this
site. We will never ask you for this information through this site.
1.5 Modifications to the Privacy Policy
We reserve the right to make changes to this Privacy Policy when we think it is
warranted. Your use of this site at any time constitutes your consent to the
Privacy Policy as posted on this page during your visit.
2. TERMS OF USE POLICY
2.1 Your use of web site constitutes agreement with Terms of Use
We are delighted that you have chosen to use the MyCityChildcare.com web site!
We have done our very best to offer an attractive and informative site to help
meet your needs. In return for the help we provide you, we
ask that you abide by the following Terms of Use Policy. When you view our site
or use its services, you automatically agree to these terms. If you do not agree
with the terms specified below, please do not use the web site. As with the
Privacy Policy, we reserve the right to make changes to this Terms of Use Policy
at any time. Your use of this site at any time constitutes your consent to be
bound by the Terms of Use as posted on this page during your visit. Again, while
some of the following language sounds like "legalese," we have tried to make it
as understandable as possible.
2.2 Your use of our material
All materials and content in the site, including the software code, (the
"materials") are the copyrighted property of or licensed to MyCityChildcare.com.
We and our licensors retain all rights to the materials. You may download one
copy of the materials on any single computer for your personal, non-commercial
home use. If you do so, you agree to leave the content unaltered, to retain all
copyright and proprietary notices, and to avoid using the material in any
unauthorized way that suggests to others that you are affiliated with
MyCityChildcare.com, Inc. However, we grant Sponsoring Providers and Advertisers limited
authorization to publicize their endorsement and business relationship with
MyCityChildcare.com, Inc. You may not copy, reproduce, adapt for derivative works,
distribute, publish, upload, post, transmit, or display the materials in
any way or for any purpose other than personal, non-commercial home use, unless
you receive written permission from us first. After you receive permissions, you
may not modify the substance of the material's content in any way. However, we grant
Sponsoring Providers limited permission to materially change their business
details information. You may not redistribute or sell the software material or
reverse-engineer, disassemble, or otherwise convert it to another usable form.
2.3 Our use of your material
You, and not us, are fully responsible for the legality, copyright of others' material,
appropriateness, originality, and reliability of your
communications to this site. When you send any content or
communications to MyCityChildcare.com through our site, or in connection with our services,
it becomes our property, along with all the present and future rights of ownership. We may
take whatever you communicate to us or to the web site, except as discussed in
the Privacy Policy above, and reproduce, create derivative works from, publish,
distribute, perform, adapt, transmit, or display all of it or parts of it in any
form, media, or technology that exists now or that may be developed. You agree
that you are not entitled to any compensation, credit, or notice whatsoever by
sending your submission. You waive the right to make any claim against us relating
to your submission, including (but not limited to) unfair competition, breach of
an implied contract, breach of confidentiality, or misrepresentation of services.
2.4 We do not endorse web sites or resources
Our site offers information about child care and community resources
that we believe to be useful to users in a regional area. For this information, we do
our own "homework," but we also solicit input from web site visitors, professional
child care providers, advertisers, and others. We point to such resources (also
known as "third parties") by publishing hyperlinks to web sites and by providing
general contact or publication information. You should not conclude that, by
referring to a link, agency, program, facility, magazine, book, activity, or similar
resource, that we endorse, approve, vouch for, or agree with any information or activity you may
access through those referrals. You also should not conclude that we are affiliated
with, operate, or influence the resources we identify.
2.5 Disputes with us or third parties
If you make use of a resource found in our site, and you end up in a dispute with a
third party, or with us, you agree to release us and our agents, directors,
employees, officers, and successors from any and every kind of claim or harm that might
have a basis in law or legal action. In legal terms, you agree to indemnify and
hold us harmless against any and all legal claims. While disputes are regrettable,
you are solely responsible for the use you make of the information found on our site.
2.6 Limitation of liability
[This section appears rather scary because it's written in all caps. Don't be put
off by that. Just about every professionally designed web site's Terms of Use Policy
does it this way and includes the following kinds of notices. Read these for yourself,
then check out other web sites' Terms of Use policies. You've probably been bound
to policies similar to the ones here ever since you've been visiting web sites.]
WE HAVE PREPARED AND PROVIDE THE MATERIAL AND SERVICES IN THIS WEB SITE FOR INFORMATIONAL PURPOSES ONLY. WE BELIEVE ALL INFORMATION IS ACCURATE AND RELIABLE; HOWEVER, WE ASSUME NO RESPONSIBILITY AND DISCLAIM ALL LIABILITY FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE MATERIAL, FEATURES, OR SERVICES OF THIS WEB SITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY ASPECT OF THIS WEB SITE.
YOU MUST CHECK AND DETERMINE THE ACCURACY, COMPLETENESS, AND SUITABILITY OF ALL INFORMATION FOR YOUR PURPOSES BEFORE USING IT. SINCE INACCURACIES MAY OCCUR, THESE PAGES DO NOT REPLACE OFFICIAL SOURCES. ALL INFORMATION IS PRESENTED "AS IS," WITHOUT GUARANTEE, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DOES NOT CONSTITUTE AN ENDORSEMENT OF ANY ADVERTISER, AGENCY, FACILITY, PROGRAM, OR THE PRODUCTS OR SERVICES THEY PROVIDE, EITHER EXPRESSED OR IMPLIED.
THE LIABILITIES WE DISCLAIM INCLUDE (BUT ARE NOT LIMITED TO) ALL DAMAGES OR ANY KIND OF INJURY CAUSED BY: YOUR USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) THE SERVICES AVAILABLE THROUGH THIS SITE; USE OF (OR INABILITY TO USE) ANY SITE LINKED TO THIS SITE; FAILURE OF OUR SITE TO PERFORM IN THE WAYS YOU EXPECTED OR DESIRED; ERRORS ON OUR SITE; OMISSIONS ON OUR SITE; INTERRUPTION OF SERVICE OF OUR SITE; DEFECTS ON OUR SITE; DELAYS IN OPERATION OR TRANSMISSION OF OUR SITE; COMPUTER VIRUSES, HARMFUL COMPONENTS, DESTRUCTIVE MECHANISMS, OR COMMUNICATION LINE FAILURES.
WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (in legal terms, "CONSEQUENTIAL DAMAGES"); AND OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (in legal terms, "INCIDENTIAL DAMAGES").
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITIY OF SUCH DAMAGES OR BOTH.
YOU SHOULD KNOW THAT CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE LIMITATIONS DESCRIBED PREVIOUSLY DO NOT APPLY AS FULLY AS ELSEWHERE. OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (REGARDLESS OF THE BASIS IN LAW OR CUSTOM FOR THE CLAIMS) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE FEATURES YOU USED ON OUR SITE.
2.7 Changes and termination
This web site belongs to MyCityChildcare.com, Inc. and we may change, suspend,
or discontinue any aspect of the site at any time at our sole discretion. If
necessary, we can impose restrictions on your use and access to parts of the
site or its services for any reason without notification to you or incurring liability. If you
violate the Terms of Use, we reserve the right to pursue legal remedies, whether
we choose to do so or not. For your part, you may terminate your agreement with
this site to abide by its Terms of Use by no longer using the site and destroying
all material in all its forms that you may have downloaded or copied from it.
2.8 Governed by the laws of Texas
The Privacy and Terms of Use Policies, the agreements they create, and the agreements
of which they are a part by inference or reference (unless specifically waived), will be
governed by and interpreted consistent with the laws of the State of Texas
without giving effect to any principles of conflicts of law. MyCityChildcare.com, Inc.
will be entitled to recover its court costs and reasonable attorneys' and
accountants' fees and expenses incurred in successfully proving any breach of any
term of this agreement.
2.9 Other legal matters
These Privacy and Terms of Use Policies constitute the entire agreement concerning these policies, and
replace all prior agreements or communications with respect to the Privacy and
Terms of Use Policies. We may change this agreement for any reason at any time,
and your use of the site after such changes are posted on this page constitutes
your agreement to be bound by its terms. Sections 2.2, 2.3, 2.5, 2.6, 2.7, 2.8,
2.9, and 2.10 of this agreement will survive any termination of this agreement.
If any element of this agreement is declared by any court to be unlawful, void,
or for any reason unenforceable, then that element will be modified to the
minimum extent necessary to make it legal, enforceable, and valid, and all
remaining elements will remain valid and enforceable. The section headings in
this agreement are for convenience only and must not be given any legal import.
2.10 Acceptance of Terms of Use
By using the site or its services, you signify your agreement to the Privacy and Terms of Use
Policies. If you do not agree to these policies, you must not use the
site. We may change the terms of these policies at any time, and your use of the
site after such changes are posted on this page will mean that you accept them.
Last updated: February 1, 2004
Copyright ©2004 MyCityChildcare.com, Inc. All rights reserved.
2003-2004