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TERMS AND CONDITIONS

Last updated: 05/01/2024

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING WWW.TMCCHILDCARE.COM (THE “WEBSITE”) AND ENGAGING IN ANY RELATED SERVICES PROVIDED BY TRUE MEANING OF CARE AND BEYOND CHILDCARE LLC (THE “COMPANY”).

1. ACCEPTANCE OF TERMS

By accessing or using the Website and engaging in any related services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Website or use any services offered through the Website.

2. ELIGIBILITY

You must be at least 18 years old to use this Website and engage in the services provided by the Company. By accessing or using the Website, you represent and warrant that you meet this eligibility requirement.

3. ACCOUNT REGISTRATION

To access certain features of the Website and engage in specific services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to accept responsibility for all activities that occur under your account.

4. USER CONTENT AND POSTING GUIDELINES

4.1 User Content: The Website allows users to post, publish, and share content, such as reviews, comments, or other materials (“User Content”). By submitting User Content on the Website, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content on the Website and any affiliated platforms.

4. USER CONTENT AND POSTING GUIDELINES

4.1 User Content: The Website allows users to post, publish, and share content, such as reviews, comments, or other materials (“User Content”). By submitting User Content on the Website, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content on the Website and any affiliated platforms.

4.2 Posting Guidelines: You agree not to submit any User Content that:

a. Is unlawful, harmful, defamatory, abusive, or harassing;
b. Violates the intellectual property rights of others;
c. Contains any viruses, malware, or other harmful code;
d. Contains false or misleading information;
e. Infringes upon the privacy or publicity rights of others; or
f. Violates any applicable laws or regulations.

5. PROHIBITED CONDUCT

When using the Website, you agree not to

a. Violate any applicable laws, regulations, or third-party rights;
b. Engage in any activity that is harmful, deceptive, fraudulent, or in violation of another’s privacy;
c. Use the Website to transmit any viruses, malware, or other harmful code;
d. Collect or store personal information about other users without their consent;
e. Interfere with or disrupt the functionality of the Website or servers;
f. Use automated systems or software to extract data from the Website without prior written consent; or
g. Access or attempt to access any account or portion of the Website that you are not authorized to access.

6. INTELLECTUAL PROPERTY

6.1 Ownership: The Website and its content, including but not limited to text, graphics, logos, images, audio clips, video clips, and software code, are the property of the Company or its licensors and are protected by intellectual property laws. Except as expressly provided in these Terms, nothing in these Terms shall be deemed to grant you any right, title, or interest in or to the Website or its content.

6.2 Trademarks: True Meaning of Care and Beyond, www.tmcchildcare.com, and any related trademarks or service marks are the property of the Company. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. Your use of the Website does not grant you any license or right to use any trademark displayed on the Website without the written permission of the trademark owner.

7. ARBITRATION

7.1 Agreement to Arbitrate: In the event of any dispute between you and the Company arising out of or relating to these Terms or your use of the Website and related services, both parties agree to resolve such dispute through binding arbitration conducted by a neutral arbitrator.

7.2 Waiver of Class Action: You and the Company agree that any arbitration proceeding will be limited to the dispute between the parties and not joined or consolidated with any other dispute involving any other person or entity.

7.3 Opt-out: You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notification to the Company.

8. DISCLAIMER OF WARRANTIES

THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. TERMINATION

The Company may terminate or suspend your access to the Website and related services without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

11. GOVERNING LAW

These Terms shall be governed by and construed by the laws of the State of Nebraska. Any legal action arising out of or relating to these Terms shall be filed exclusively in the courts located in Bellevue, Nebraska, and you hereby consent to the personal jurisdiction of such courts.

12. CHANGES TO THE TERMS

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The most current version of the Terms will supersede all previous versions. By continuing to access or use the Website and related services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website.

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:
True Meaning of Care and Beyond Childcare LLC
2701 Duane Avenue
Bellevue, NE 68123
Email: info@tmcchildcare.com
Phone: 402-851-6289