Terms Of Use

 Terms Of Use

AGREEMENT BETWEEN USER AND MOMCHECK, LLC

The MomCheck website is comprised of various Web pages operated by MomCheck, LLC (“MomCheck”). The MomCheck website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MomCheck website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

MomCheck reserves the right to change the terms, conditions, and notices under which the MomCheck website is offered, including but not limited to the charges associated with the use of the MomCheck website. We reserve the right to change this Agreement at any time by posting a new version on the Website. Your continued access of our websites after the effective date of such amendment will constitute your agreement to be bound by all provisions and conditions set forth in this Agreement.

REGISTERING WITH MOMCHECK

Some areas of our website require registration and/or fees for access. You must be at least 18 years old to utilize our services. By registering, you represent that you are at 18 years old, and all information that you provide to us is accurate to the best of your knowledge. Once an account has been established for you, you become responsible for all activity that occurs within the account. You may not allow others to access our services utilizing your account. All information you provide to us will remain confidential and is governed by our Privacy Policy.

LINKS TO THIRD PARTY SITES

The MomCheck website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MomCheck and MomCheck is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MomCheck is not responsible for webcasting or any other form of transmission received from any Linked Site. MomCheck is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MomCheck of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MomCheck website, you warrant to MomCheck that you will not use the MomCheck website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MomCheck website in any manner which could damage, disable, overburden, or impair the MomCheck website or interfere with any other party's use and enjoyment of the MomCheck website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MomCheck websites.

USE OF COMMUNICATION SERVICES

The MomCheck website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

MomCheck has no obligation to monitor the Communication Services. However, MomCheck reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MomCheck reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

MomCheck reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MomCheck's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MomCheck does not control or endorse the content, messages or information found in any Communication Service and, therefore, MomCheck specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MomCheck spokespersons, and their views do not necessarily reflect those of MomCheck.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MOMCHECK OR POSTED AT ANY MOMCHECK WEBSITE

MomCheck does not claim ownership of the materials you provide to MomCheck (including feedback and suggestions) or post, upload, input or submit to any MomCheck website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MomCheck, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MomCheck is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MomCheck's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOMCHECK WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOMCHECK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MOMCHECK WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE MOMCHECK WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MOMCHECK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MOMCHECK WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOMCHECK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMCHECK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOMCHECK WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MOMCHECK WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MOMCHECK WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MOMCHECK WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOMCHECK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOMCHECK WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOMCHECK WEB SITE.

SERVICE CONTACT : support@MomCheck.com

WAIVER AND DISCLAIMER FOR MOMCHECK SERVICE

In order to use the MomCheck service, you must agree to the following waiver. Please read carefully. Your acceptance of these terms includes your acceptance and agreement to the following waiver:

In consideration of MomCheck’s willingness to provide me with information that would help me make an informed decision on the availability of suitable child care services that I deem to be appropriate, I agree as follows:

I fully understand and acknowledge that: (a) there are risks and dangers associated with choosing any child care service regardless of the city or state involved; (b) these risks and dangers may be latent and caused by the negligence of the owners, employees, officers or agents who exercise control over the child care service and upon which MomCheck retains no control whatsoever. These risks and dangers may arise from foreseeable or unforeseeable causes and (c) by accepting the terms and conditions of this WAIVER, DISCLAIMER, and RELEASE OF LIABILITY, I hereby ASSUME ALL RISKS and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence, breach of warranty, fraud, breach of contract, gross negligence, violations of the Texas Deceptive Trade Practices Act, and/or other legal theories that may be committed by the owners, agents, members, officers, independent contractors, and/or employees of MomCheck. I further understand that I am fully releasing all companies listed on any MomCheck website, including but not limited to all child care facilities.

I also understand that MomCheck is not liable for any wrongdoing that may be committed by any childcare facility.

I, on behalf of myself, personal representatives, children, heirs, and/or assigns do hereby VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY MOMCHECK, LLC and its affiliates, parent company, subsidiaries, owners, agents, members, officers, independent contractors, and/or employees from any and all claims, suits, or causes of action for bodily injury, property damage, wrongful death, loss of services, breach of contract or otherwise which may arise out of my use of information, services, or products provided by MomCheck.

I specifically understand that I am RELEASING, DISCHARGING, and WAIVING any claims or actions that I may have presently or in the future for the NEGLIGENT or OTHER WRONGFUL ACTS or other such conduct that could be linked rightfully or wrongfully to MomCheck and/or its affiliates, parent company, subsidiaries, owners, agents, members, officers, independent contractors, and/or employees.

I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT I AM NOT RELYING UPON ANY REPRESENTATION MADE BY MOMCHECK AND THE INFORMATION PROVIDED HEREIN IS NOT MEANT TO SUPPLANT MY OWN DUE DILIGENCE AND INVESTIGATION. I knowingly, intentionally, and consciously execute this RELEASE, DISCHARGE, and WAIVER of my own free will. I understand that the information I acquire is AS IS, WHERE IS.

I further understand that any litigation filed against MomCheck shall be submitted to binding arbitration without a jury and be governed under the American Arbitration Association’s rules and procedures. I also understand that I, as the plaintiff, will have to pay all of the costs of such arbitration. I am knowingly, intentionally, and consciously waiving my right to a jury trial.

TERMINATION/ACCESS RESTRICTION

Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. MomCheck reserves the right to suspend or terminate operation of its websites, or any feature of its websites, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination.
MomCheck reserves the right, in its sole discretion, to terminate your access to the MomCheck website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Denton County, Texas, U.S.A. in all disputes arising out of or relating to the use of the MomCheck website. Use of the MomCheck website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MomCheck as a result of this agreement or use of the MomCheck website. MomCheck's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MomCheck's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MomCheck website or information provided to or gathered by MomCheck with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MomCheck with respect to the MomCheck website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MomCheck with respect to the MomCheck website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MomCheck website are: Copyright 2008 by MomCheck, LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.