LAST REVISED: December 13, 2018

Below are the Terms of Use (”Terms”) for the use of the PreschoolPathways.com website (the “Site”) provided by Preschool Pathways, LLC, (“Preschool Pathways”, “We”, “Us”, “Our”). These are the terms that govern your relationship with us as a user of our Site (“you”, “your”, or a “visitor”). We have made an effort to ensure that these Terms are clear, fair, and properly protect both us and our users. Thank you in advance for reading these Terms. If you have any questions or comments about these Terms please contact us prior to accepting them via our “Ask Us!” page.

1. Acknowledgment and Acceptance. We provide the information and services described below on the Site. Your use of our site constitutes acceptance of these terms.

2. Modifications to Terms of Use. We may update or change these Terms from time to time so please be sure to check back regularly. All modifications will be effective immediately upon posting. Should you disagree with any modification your option os to discontinue use of the site.

3. Privacy Policy. By using this site, you are also accepting to the terms of our Privacy Policy. The terms of our Privacy policy are hereby incorporated within this document as though set forth at length. Certain users may have additional rights under Regulation (EU) 2016/679 (the “General Data Protection Regulation” or “GDPR”) or other applicable laws, and our obligations for such rights are found in our Privacy Policy, including how users can enforce such rights.

4. Our Services and Availability. The Site provides users with information and services related to high quality early childhood education for preschool-aged children. (“Service”) The Site and may be accessed via your personal computer, mobile device, or other devices capable of accessing the Site, and otherwise where available. Our Services are provided “As Is” on an as available basis. While we endeavor to maintain a high standard of content within the Service, there is no guarantee or warrantee as to the availability of the Service or that the information and recommendations herein are accurate or appropriate for any particular use.

5. Age & Eligibility. While this site is typically appropriate for younger ages, this site is designed, intended and directed to individuals age eighteen or older. Children under the age of eighteen are permitted to access with adult supervision but are not eligible to register with the site or to provide any personally identifiable information to the Site. By using this Site, you represent and warrant that you have the right, authority, and capacity to agree to and to abide by all these Terms.

6. Registration Obligations

6.1. Registration is presently not required to visit or generally use the Site. However, registration may be required in the future for the entire site or any portion thereof.

6.2. If you choose to register with the Site, where applicable, you agree to provide and maintain true, accurate, current, and complete information about yourself, including a valid email address (which will be used as a unique identifier for your account), as well as your name and a password as prompted by the Site’s registration form. If any information provided by you is at any time determined to be false, incomplete, inaccurate, misleading, or outdated, we reserve the right to terminate your account and prohibit you from using the Site. Once registered, registration data and certain other information about you are protected and governed by our Privacy Policy.

6.3. Upon registration, you are responsible for maintaining the confidentiality of your registered account and password for the Site, and you agree not to share your email address or password, or to transfer your use of or access to the Site, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password or any other account information at any time through your account management link. You agree: 1) to immediately notify us of any unauthorized use of your account, password, and/or any other breach of security; and 2) to ensure that you exit from your account at the end of each session when accessing the Site. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations with this Section.

6.4. You agree that we, at our sole discretion, may terminate your password, account (or any part thereof), or use of the Site, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. we may also in our sole discretion and at any time discontinue providing access to or use of the Site, or any part thereof, with or without notice. We will also terminate your account upon receiving reliable information involving your violation of any law and will cooperate with law enforcement agencies on such matters. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and/or access to the Site and all related information and files in your account, and/or bar any further access to such files or to the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

7. Modification of the Site. We reserve the right to modify, change, or discontinue the Site, or any Service included therein, or other component thereof, with or without notice to you in advance. We may at any time (a) implement fees in connection with the use of the Site or any Service (b) modify and/or waive any fees charged in connection with the use of the Site or any Service and/or (c) offer opportunities to some or all users of the Site or any Service that may not apply to all users.

8. License to Use and Access the Site. We hereby grant you a limited license to access and make personal use of the Site, but not to download the Site (other than page caching) or to modify it, or any portion of it, except with our express written consent. The license granted herein does not allow any resale or commercial use of this Site or its contents. You shall not make any derivative copy or use of the Site or its contents. You shall not run any data mining, scraping, data collection tools, robots, or similar data gathering and extraction tools on the Site. Any reproduction, duplication, copying or public display of the site or any portion thereof is strictly prohibited without the express written consent of the Site owners. No portion of the site may be sold, resold, used or otherwise exploited for any commercial purposes without our express written consent. Any use of the Site that constitutes, in our sole opinion, abuse or is otherwise harmful to the Site, other users, our employees, consultants or contractors is grounds for termination of this license at our sole discretion. We reserve the right to terminate this license to you, your account and/or your access to the Site if we determine that you have not complied with these Terms.

9. Copyright. The Site and its contents is protected under United States Copyright laws and as such is protected against any copying, use, performance or display (jointly “Use”)other than as specifically authorized herein, or as may be authorized by Us. Any Use is prohibited absent Our the express written consent and is strictly prohibited. Any unauthorized Use is grounds for termination of your access to the Site and/or your account with us. You acknowledge that the Site may contain content, information, software, photos, video, text, graphics, music, sounds, or other material that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights of third parties and agree to respect the rights of all such third parties.

10. Trademarks. The PRESCHOOL PATHWAYS name and logo are Our trademarks and service marks (collectively the “Trademarks”) and any use thereof without Our express consent is prohibited. All other company or product trademarks, service marks, names, and logos appearing on the Site are the trademarks of their respective owners and should not be used without the consent of those parties. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Trademarks displayed on the Site without our prior written permission in each instance.

11. Third Party Material. Presently, this Site does not host material posted by third parties. However, We reserve the right to implement such feature in the future. In such event, under no circumstances will we be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or otherwise transmitted via the Site. You acknowledge that we do not pre-screen content, but that We and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, We and our designees shall have the right to remove any content that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

12. Links to Third-Party Sites. The Site or its partner sites may provide links to other Internet sites or resources on the Internet. As we have no control over these linked sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third-Party Materials") on or available from such sites or resources. You further acknowledge and agree that we shall 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 Third-Party Materials linked site or resource.

13. Release. By using the Site you agree to release, discharge, and hold harmless Preschool Pathways and any Related Parties (“Preschool Pathways Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site or any act or omission by any person, including without limitation, any dispute between you and any other person, any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

14. Indemnity. You agree to indemnify, defend and hold us and Preschool Pathways Entities harmless from any claim or demand for liability, damages, costs, including, but not limited to, attorneys' fees, arising out of your use of the Site, including, but not limited to: (a) Your Use of any Content on the Site, (b) any products or services obtained by you through the Site, (c) any violation of these Terms by you, and/or (d) any infringement by you of any intellectual property right or any other right of any person or entity. We shall retain both choice of counsel and exclusive control over all settlement decisions.

15. DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SITE. WE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, NOR DO WE MAKE ANY WARRANTY THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. LIMITATION OF LIABILITY. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH US OR A THIRD PARTY THROUGH THE USE OF THE SITE; (IV) THE INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SITE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. International Jurisdiction. The Site is managed, controlled and operated by Us from the United States, and is not intended to be subject to the laws or jurisdiction of any territory outside United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations including but not limited to those related to the content of the Site. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

18. Notices. We may give notice to you for any purpose for which Notice may be required under this agreement by email, a posting on the Site, or other reasonable means. We may broadcast, distribute or display notices or messages through the Site to inform you of changes to these Terms, the Site, the Privacy Policy, or other matters of importance. You agree to receive such notices. You further agree that we may contact you with notices of approved vendors relevant to the products and services we offer.

19. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. By using the Site you consent to Jurisdiction in the State or Federal Courts of the State of California in the County of Los Angeles.

20. Binding Arbitration. Any controversy or claim arising out of or relating to these Terms or your use of the Site, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within twelve (12) months after such claim or cause of action arose, or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.

21. Assignment. We may assign any and all rights and obligations under these Terms, in whole or in part, at any time with or without notice to you. These Terms will inure to the benefit of our successors, assigns and licensees. No other assignment of any right or obligation under these Terms shall be effective. Any other attempted assignment shall be void ab initio.

22. Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the terms and conditions herein contained, and supersede all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written. The terms contained herein supersede and replace any other agreement or negotiation between you and Us, whether oral, written, or otherwise including any statements made by any representative of Ours at any time.

23. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

24. Severability. If any provision of these Terms is found by an arbitrator or 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 Terms shall remain in full force and effect.

25. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

26. Information or Complaints. If you have a question or complaint regarding the Site, please send an email to support@preschoolpathways.com. You may also contact us by writing to:

Preschool Pathways, LLC
601 Van Ness Ave.
Ste. E-255
San Francisco, CA 94102

27. Copyright Infringement Claims. We maintain and strictly enforces a policy against copyright infringement and repeat copyright infringement including the termination of any user’s access or account following the reception of multiple copyright infringement claims. Any notice concerning any claim of copyright infringement should be addressed to:
Preschool Pathways, LLC
DMCA Agent
601 Van Ness Ave.
Ste. E-255
San Francisco, CA 94102
Email Address: support@preschoolpathways.com

28. California. Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Preschool Pathways service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

Terms of Use v1.0 – 20181213