CARE HOUND LLC – Website terms of use

Acceptance of Terms

Please read this Terms of Use carefully before accessing or using this Site.  By accessing or using this Site in any way, including using any Services, downloading or viewing Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Care Hound LLC, a Nebraska limited liability company (“Care Hound”) may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Care Hound may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link at [insert Company’s website] to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

The Site

Care Hound makes this Website (the "Site") and the Materials and Services available for your access and use subject to the Terms of Use. "Materials" means all data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools and resources made available via the Site by Care Hound.  "Services" means all services and resources offered or enabled via the Site by Care Hound.

MATERIALS, Content and Specifications

All Materials and Services described or depicted on this Site are subject to change at any time without notice.  The inclusion of any Materials or Services on this Site at a particular time does not imply or warrant that such Materials or Services will be available at any time. You acknowledge that additional information regarding Care Hound’s Materials and Services may be obtained by contacting Care Hound via the Site or other methods of communication.

Accuracy of information

Care Hound attempts to ensure that information on this Site is complete, accurate and current. Despite these efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date.  Care Hound makes no representation as to the completeness or accuracy of any information on this Site.

DAYCARE MATCHING SERVICE waiver of liability

You acknowledge that Care Hound is not an affiliate, partner, contractor, agent or subsidiary or in any way affiliated with any daycare service provider (“Provider”).  Furthermore, you acknowledge that Care Hound does not endorse, recommend or rate any Provider and makes no representation as to the completeness or accuracy of any information concerning any Provider.  Additionally, you agree to release and hold harmless Care Hound, its owners, officers, employees, agents, assigns and successors from any and all claims, demands, damages and causes of action of any kind arising under any theory of law resulting from or related to any action or inaction by a Provider.

Intellectual Property; Trademark Information

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other applicable intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, Care Hound does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, service marks, logos, URLs and domain names ("Marks") displayed on this Site are the property of Care Hound or other third parties. You are not permitted to use the Marks without the prior written consent of Care Hound or such third party that may own the Marks.

Use of Site and Services

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You agree to use the Site in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Access or attempt to access any Material that you are not authorized to access or any Material through any means not intentionally made available through the Site or Services.
  • Use the Site, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any Care Hound affiliated e-mail address.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
  • Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any Care Hound server or the network(s) connected to any Care Hound server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, Services or any Materials or engage in any activity prohibited by the Terms of Use.
  • Violate the rights of Care Hound or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any Care Hound domain name as a pseudonymous return e-mail address.

Care Hound, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Care Hound may at any time without notice and in its sole discretion terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted, as Care Hound deems necessary to comply with applicable law, regulation, legal process or governmental request.

Use of CARE HOUND Materials

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Care Hound Materials available on this Site subject to the following conditions:

  • You will not quote or display Care Hound Materials, or any portions thereof, out of context.
  • Care Hound reserves the right to revoke the authorization to view, download and print the Care Hound Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Care Hound.
  • Use of the Care Hound Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The rights specified above to view, download and print the Care Hound Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Care Hound. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

Restriction and Termination of Use

Care Hound may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Care Hound’s sole discretion, without prior notice or liability to you.

Linking to this Site

Creating or maintaining any link from another website to any page on this Site without Care Hound’s prior written permission is prohibited.  Running or displaying this Site or any Materials displayed on this Site in frames or through similar means on another website without Care Hound’s prior written permission is prohibited.  Any permitted links to this Site must comply with all applicable laws, rules and regulations.

Links to Third Party Sites

The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Care Hound to you as a convenience and the inclusion of the links do not imply any endorsement by Care Hound of any Linked Site. Care Hound has no control of the Linked Sites and you therefore acknowledge and agree that Care Hound is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Care Hound is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

Warranties and Disclaimers

THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY CARE HOUND UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, SATISFACTORY QUALITY AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CARE HOUND MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) YOUR DESIRED RESULTS WILL BE OBTAINED FROM YOUR USE OF THE SERVICES OR MATERIALS DESCRIBED ON THE SITE; (iii) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

YOU ACKNOWLEDGE AND AGREE THAT: (i) CARE HOUND DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) CARE HOUND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CARE HOUND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Limitation of Liability

IN NO EVENT SHALL CARE HOUND, OR ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE, OR IF CARE HOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (3) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (4) ANY DEALINGS WITH THIRD PARTIES; (5) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (6) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Advertisements and Promotions

Care Hound may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Care Hound is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Care Hound advertisers on the Site or in connection with the Services or Materials.

Indemnity and Liability

You agree to indemnify and hold Care Hound and its officers, directors, partners, members, employees, or agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (b) your connection to the Site, Services or Materials; (c) your violation of the Terms of Use; (d) your infringement of any third party’s Intellectual Property Rights when using any the Site; (e) your violation of any rights of any third party; (f) your access to or use of Linked Sites and your connections thereto; or (g) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by Care Hound from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters.

General

The Terms of Use and other rules, guidelines and disclaimers posted via the Site or in connection with the Materials and Services, constitute the entire agreement between Care Hound and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and Care Hound on such subject matter (including any prior versions of the Terms of Use). If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Care Hound to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.