In consideration of your use of the DaycareBookKeeper.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the DaycareBookKeeper.com Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current information about yourself as prompted by the DaycareBookKeeper.com Service subscription form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DaycareBookKeeper.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DaycareBookKeeper.com has the right to suspend or terminate your account and refuse any and all current or future use of the DaycareBookKeeper.com Services (or any portion thereof). Registration Data and certain other information about you are subject to our applicable privacy policy. You will receive a password and account designation upon completing the DaycareBookKeeper.com Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DaycareBookKeeper.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DaycareBookKeeper.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. You agree to indemnify and hold DaycareBookKeeper.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the DaycareBookKeeper.com Services, your use of the DaycareBookKeeper.com Services, your connection to the DaycareBookKeeper.com Services, your violation of the TOS, or your violation of any rights of another. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the DaycareBookKeeper.com Services (including Content, advertisements, Software and your DaycareBookKeeper.com ID). You acknowledge that DaycareBookKeeper.com may establish general practices and limits concerning use of the DaycareBookKeeper.com Services, including without limitation the maximum uploaded content that will be retained by the DaycareBookKeeper.com Services, the maximum disk space that will be allotted on DaycareBookKeeper.com servers on your behalf according to your subscription plan, and the maximum number of times (and the maximum duration for which) you may access the DaycareBookKeeper.com Services in a given period of time. You agree that DaycareBookKeeper.com has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the DaycareBookKeeper.com services. DaycareBookKeeper.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DaycareBookKeeper.com service (or any part thereof) with sufficient notice to its subscribers. You agree that DaycareBookKeeper.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the DaycareBookKeeper.com Services (or any part thereof). You may terminate your DaycareBookKeeper.com account by submitting such termination request to admin@daycarebookkeeper.com or by deleting your account. You agree that DaycareBookKeeper.com may, without prior notice, immediately terminate, limit your access to or suspend your DaycareBookKeeper.com account for cause. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the DaycareBookKeeper.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the DaycareBookKeeper.com Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in DaycareBookKeeper.com’ sole discretion and that DaycareBookKeeper.com shall not be liable to you or any third party for any termination of your account, or access to the DaycareBookKeeper.com Services. Termination of your DaycareBookKeeper.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the DaycareBookKeeper.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the DaycareBookKeeper.com Services. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE DaycareBookKeeper.com SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. DaycareBookKeeper.com SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DaycareBookKeeper.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DaycareBookKeeper.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE DaycareBookKeeper.com SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE DaycareBookKeeper.com SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DaycareBookKeeper.com SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DaycareBookKeeper.com SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DaycareBookKeeper.com OR THROUGH OR FROM THE DaycareBookKeeper.com SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DaycareBookKeeper.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DaycareBookKeeper.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE DaycareBookKeeper.com SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DaycareBookKeeper.com SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE DaycareBookKeeper.com SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

You agree that all of DaycareBookKeeper.com's trademarks, trade names, service marks and other DaycareBookKeeper.com logos and brand features, and product and service names are trademarks and the property of DaycareBookKeeper.com Inc. (the "DaycareBookKeeper.com Marks"). Without DaycareBookKeeper.com’s prior permission, you agree not to display or use in any manner the DaycareBookKeeper.com Marks. DaycareBookKeeper.com respects the intellectual property of others, and we ask our users to do the same.

DaycareBookKeeper.com can be reached as follows:

By mail:

DaycareBookKeeper.com, Inc.
P.O. Box 500721
San Diego, CA 92150-0721

By email: admin@daycarebookkeeper.com

Entire Agreement.

This TOS constitutes the entire agreement between you and DaycareBookKeeper.com and governs your use of DaycareBookKeeper.com services.

You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DaycareBookKeeper.com services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and DaycareBookKeeper.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and DaycareBookKeeper.com, shall be brought exclusively in the courts located in the county of San Diego, California or the U.S. District Court for the Southern District of California.

You and DaycareBookKeeper.com agree to submit to the personal jurisdiction of the courts located within the county of San Diego, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of DaycareBookKeeper.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your DaycareBookKeeper.com account is non-transferable and any rights to your DaycareBookKeeper.com ID or contents within your account may terminate upon your death.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the DaycareBookKeeper.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Last updated: August 21, 2014