IMPORTANT – READ CAREFULLY. YOUR USE OF Bear Care LLC (“COMPANY") WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE
WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT
BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY COMPANY YOU ARE ENTERING INTO A LEGALLY BINDING
CONTRACT. YOU WILL NOT BE PERMITTED TO USE COMPANY WEBSITE AND THE ASSOCIATED SERVICES UNLESS AND UNTIL YOU
ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT COMPANY MAY CREATE AND MAKE AVAILABLE ON ITS
WEBSITE FROM TIME TO TIME.
This is a legal agreement between you (“You”) and Company stating the terms that govern your use of the
Company's website Services (referred to in this agreement as the "the Services").
1.1 Scope of Use
Company’s website allows You to list your daycare and business related information which parents will
use to select based on their particular needs and preferences. Parents will also be allowed to register
on Company’s website and would be able to post reviews on Your business including teacher profiles.
Your use of this website allows you to list your business information which expression shall include
but is not limited to pictures, contact information such as e-mails, phone numbers, and any other
information You provide before and after registration) (“Content”). By uploading Content, you agree: (a)
to allow other internet users to view your Content; (b) to allow Company to display your Content; and
(c) that Company can, at any time, review all the Content submitted by you to its Service.
We will not disclose your confidential information to third parties, except as required in the
course of providing our services.
1.2 Account Activation
The person registering for the Service will be the contracting party (“Account Holder”) for the
purposes of these Terms and Conditions and will be solely authorized to use any corresponding account we
may provide to the Account Holder in connection with the Service.
If you are registering for the Service on behalf of your employer, your employer shall be the Account
Holder on record and you represent and warrant that you have the authority to bind your employer to our
Terms and Conditions.
1.3 Consent to Use of Content
By accepting these terms and conditions, You consent that Company has the right to use, share, or
certain personal information related to your subscription with Company We may collect the GPS data
(i.e., location data) and the device information of the handheld mobile device on which the Company
website/mobile application is installed. This information is partly used to provide you with
location-based information to personalize your user experience, for marketing purposes Policy, and to
improve the Mobile App. You expressly consent to our collection and use of your Information, including
but not limited to data that is personally identifiable to you, including your name, profile
information, security information and Company Login ID, as well as any other non-public information
about you that is associated with, or linked to, such data.
You understand that by using Company's Services, You shall not promote in any form, content that may
be deemed offensive, indecent, or objectionable, which content may or may not be identified as having
explicit language, and that the results of any search or entering of a particular URL may automatically
and unintentionally generate links or references to objectionable material. Nevertheless, You agree to
use the Services at Your sole risk and that Company shall not have any liability to You. You are
responsible for all activity and content such as data, graphics, photos, artwork and links that is
uploaded under your Company Account (“Content”). You must not transmit any worms or viruses or any code
of a destructive nature. A breach or violation of any term in the Terms and Conditions as determined in
the sole discretion of Company will result in an immediate termination of your services.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and
resources on the Internet. Company has no control over such sites and resources and is not responsible
for and does not endorse such sites and resources. You further acknowledge and agree that Company will
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any content, events, goods or services available
on or through any such site or resource. Any dealings you have with third parties found while using the
Service are between you and the third party, and you agree that Company is not liable for any loss or
claim that you may have against any such third party.
You agree that any Services contain proprietary content, information and material that is protected
by applicable intellectual property and other laws, including but not limited to copyright, and that You
will not use such proprietary content, information or materials in any way whatsoever except for
permitted use of the Services. No portion of the Services may be reproduced in any form or by any means.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the
Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever,
including but not limited to, by trespass or burdening network capacity. You further agree not to use
the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate
the rights of any other party, and that Company is not in any way responsible for any such use by You,
nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You
may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on
or linked to from the mobile device are not available in all languages or in all countries. Company
makes no representation that such Services and Materials are appropriate or available for use in any
particular location. To the extent You choose to access such Services or Third Party Materials, You do
so at Your own initiative and are responsible for compliance with any applicable laws, including but not
limited to applicable local laws. Company, and its licensors, reserve the right to change, suspend,
remove, or disable access to any Services at any time without notice. In no event will Company be liable
for the removal of or disabling of access to any such Services. Company may also impose limits on the
use of or access to certain Services, in any case and without notice or liability.
Social Network Services
i.You may enable or log in to the Service via various online third party services, such as social media
and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or
directly integrating these Social Networking Services into the Service, we make your online experiences
richer and more personalized. To take advantage of this feature and capabilities, we may ask you to
authenticate, register for or log into Social Networking Services on the websites of their respective
providers. As part of such integration, the Social Networking Services will provide us with access to
certain information that you have provided to such Social Networking Services, and we will use, store
implications of activating these Social Networking Services and Company’s use, storage and disclosure of
information related to you and your use of such services within Company including your friend lists and
Networking Services use, store and disclose your information is governed solely by the policies of such
third parties, and Company shall have no liability or responsibility for the privacy practices or other
actions of any third party site or service that may be enabled within the Service. In addition, Company
is not responsible for the accuracy, availability or reliability of any information, content, goods,
data, opinions, advice or statements made available in connection with Social Networking Services. As
such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Social Networking Services. Company enables these features merely as
a convenience and the integration or inclusion of such features does not imply an endorsement or
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Company’s total liability to you for all damages (other than as may be required by
applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The
foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Company shall not be liable for any negative reviews posted by third parties, website users about
Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free and
does not warrant that the results that may be obtained from the use of the Service will be accurate or
Company does not warrant that the quality of any products, services, information, or other material
purchased or obtained by you through the Service will meet your expectations, or that any errors in the
Service will be corrected.
Cancellation and Termination.
i.You may cancel your Account at anytime by deactivating your registration with Company by contacting
company using company website (contact us section).
The laws of California state, excluding its conflicts of law rules, govern your use of the Website.
Waiver and Complete Agreement
The failure of Company to exercise or enforce any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire
agreement between you and Company and govern your use of the Service, superseding any prior agreements
between you and Company (including, but not limited to, any prior versions of the Terms and Conditions).