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CHILD CARE RESOURCES (CCR) WEB SITE USE AGREEMENT

Terms and Conditions of Use

The following Terms and Conditions (the “Terms”) form a binding agreement between you and CHILD CARE RESOURCES (“CCR”) and govern your use of the CCR’S website (the “Site”) and any information, products, and services presently offered or accessed through the Site or which may be offered in the future (collectively “Resources”).
TERMS APPLICABLE TO ALL USERS

By accessing and using the Site or the Resources, including Resources found in any password protected area of the Site, you acknowledge that you have read, understood, and agree to be bound by the Terms and any changes to the Terms that CCR may publish from time to time. IF YOU DO NOT AGREE TO ALL OF THE TERMS BELOW, YOU MAY NOT USE THIS SITE OR THE RESOURCES OFFERED THEREIN. If you breach any of the Terms, your authorization to use the Site and the Resources automatically terminates and you must immediately cease the use of any Resources. CCR may make changes to the Site, the Resources, or the Terms at any time and without notice to you. You can review the most current version of the Terms by clicking on the "Legal Notice" link located on the Site.
The information provided to you on the Site was self-reported by the provider. CCR CANNOT WARRANT THAT ANY PARTICULAR ITEM OF INFORMATION REMAINS ACCURATE AS OF ANY PARTICULAR DATE. CCR’S PROVISION OF INFORMATION ABOUT ANY FACILITY DOES NOT CONSTITUTE AN ENDORSEMENT OF THE FACILITY, NOR SHOULD ANY ENDORSEMENT BE INFERRED FROM THE FACT THAT ANY FACILITY IS LISTED WITH CCR. CCR MAKES NO WARRANTIES AND NO REPRESENTATIONS, EXPRESSED OR IMPLIED, ABOUT THE QUALITY OF ANY FACILITY OR THE SUITABILITY OF ANY PROGRAM. We offer you options, not recommendations. You may need to visit several providers to determine which is best for your family.
PERMITTED USE

NON-SUBSCRIBERS. Unless you are a Subscriber, the Resources present on the non-password protected areas of the Site are for your personal use only. You may not download, copy, reproduce, modify, transfer, distribute, transmit, display, perform, publish, license, create derivative works from, sell, or offer for sale any Resources obtained from the Site, or use these Resources for any commercial purpose. In addition, you may not use any data mining, robots, or similar data gathering methods in connection with the Site. You may not enter the password-protected areas of the Site without a current username and password issued by CCR.

SUBSCRIPTIONS. If you are a “Subscriber”, you have been issued a login name and password by CCR, which permits you to access to features and Resources available through the password-protected area of the Site (Password Protected Area). Subscribers may access information in this site via the password CCR will provide once payment is confirmed.
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS. Subscriptions are available for the personal and non-commercial use of you and your immediate family. You may not share or transfer your password for use outside your immediate family. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Site. All proprietary rights in the information on this Site are owned by CCR or its licensors. CCR retains all rights not expressly granted to you with respect to such information or the use of this Site. By accessing or applying for access to the Password Protected Area of the Site, you affirm that you are eligible under the Terms to become a Subscriber, will use this Site for your personal use only, and will neither use the Site nor offer or provide access to the Site for any commercial purpose. All Subscriptions Are Non-Transferable.
USER NAMES AND PASSWORDS. Access to and use of password-protected areas of the Site is restricted to authorized users only. You may not share your User Name, password, account information, or access to the Site. If you are issued a User Name and Password, you agree to keep such information safe and confidential, not to allow anyone else to use your Username and Password even temporarily, and to be fully responsible for all activities that occur under your Username and Password. You further agree to notify CCR immediately of any unauthorized use of your Username or Password. CCR reserves the right to revoke or suspend any User Name and Password without refund, if it has reason to believe that a violation of these Terms has occurred.
LINKING. You may provide hot links to this Site provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site; (b) you give CCR notice of such link by sending an e-mail to ccr@childcare.org; and (c) you discontinue providing hot links to this Site if notified by CCR. You may not, under any circumstances, charge any fee for access to the Site without the express written consent of CCR.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Site, you warrant to CCR that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. Excessive or improper use will result in loss of user access without refund and may also result in additional legal action.
INDEMNITY AND LIABILITY
By accessing the Site, you agree to indemnify and hold CCR and its officers, directors, managers, employees, affiliates, agents, and contractors harmless from any claim or demand made by any third party arising out of your use or misuse of the Site, any Resources contained therein, or any services provided through the Site, whether or not such use violates these Terms.

DISCLAIMERS

CCR PROVIDES THE SITE AND THE MATERIALS CONTAINED THEREIN “AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
ACCURACY AND AVAILABILITY OF INFORMATION OR DATA. The accuracy of the Resources provided to you by CCR through the Site is dependent on a number of sources and factors beyond the control of CCR. Therefore, the Site or the Resources provided may contain inaccuracies or typographical errors. CCR MAKES NO WARRANTIES OR CLAIMS AS TO THE ACCURACY OF THE SITE OR THE RESOURCES CONTAINED HEREIN. In addition, websites are subject to occasional downtime for any number of reasons. CCR does not warrant that the Site will be available 100 percent of the time. CCR disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) any errors in or omissions from the Site or the Resources; (b) any third-party websites or content therein directly or indirectly accessed through hot links in the Site; (c) any other inaccurate or incomplete data or information provided to you by CCR regardless of form; (d) the unavailability of the Site, Resources, or any portion thereof for any reason; (e) or your use of any equipment or software in connection with the Site.
LINKS TO THIRD PARTY SITES. The Site contains hyperlinks to websites operated by parties other than CCR. Such hyperlinks are provided for your reference only. CCR does not control such websites, and is not responsible for their contents. CCR's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
NO ENDORSMENT OF PROVIDERS. The information regarding child care providers on this Website is provided for reference purposes only, as a convenience and service to you and the community. The listing of any particular provider on the Site does not constitute an endorsement or recommendation by CCR, its employees, directors or agents. CCR does not license, endorse, or recommend any particular provider. Only you can determine whether the quality of care from any provider is appropriate. CCR does recommend that you visit or interview several providers to determine what is best for you and your family. CCR does recommend that you check references on all child care providers and consult the Department of Early Learning regarding complaints.
INTELLECTUAL PROPERTY RIGHTS
With the exception of third-party resources, materials contained in the Site, including, but not limited to, text, images, audio files, or video files (collectively “CCR Materials”), as well as their arrangement, trade dress, and associated trademarks, are the property of CCR and protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights ("Intellectual Property Rights"). Therefore, any unauthorized use of any CCR Materials, trade dress, and trademarks may violate these and other laws. The trademarks of CCR include, but are not limited to, “CHILD CARE RESOURCES”. Nothing contained on the Site should be construed as granting any license or right to use any trademark displayed on the Site without the express written permission of CCR.
GENERAL PROVISIONS
GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION. By accessing the Site, you agree that all matters relating to your access to, or use of the Site shall be governed by the laws of the State of Washington, and that you consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington. The party substantially prevailing at any subsequent proceeding (including without limitation trial, appellate, and arbitration proceedings) will be entitled to recover all related costs and expenses, including attorney’s fees. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
ENTIRE AGREEMENT, SEVERABILITY. The Terms incorporate by reference any Notices contained on the Site and constitute the entire agreement with respect to your access to and use of the Site and Resources. If any provision of the Terms is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Failure by a Party to insist on enforcement of any provision of the Terms will not affect the validity or enforceability, or be a waiver of future enforcement, of any provision of the Terms.
USE OF INFORMATION GENERATED ON THIS WEBSITE. CCR, its affiliates, and suppliers may gather, process, and use the personal information which you provide directly (e.g., name, physical address, e-mail address), as well as information regarding the manner in which you use the Site. CCR shall not provide your name, address or email address to any third party. CCR may use cookies. A "cookie" is a parcel of text sent by a server to your web browser and then sent back unchanged by the browser each time it accesses that server. CCR may use cookies for authenticating, tracking and maintaining specific information about users, such as Site preferences. You may choose to configure your browser to accept or reject cookies or notify you when you enter a website that utilizes cookie technology. You may not have access to some or all of the features of CCR's Site if you configure your browser to reject cookies. CCR's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of CCR's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CCR with respect to such use.
RELATIONSHIP OF THE PARTIES. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CCR as a result of the Terms or use of the Site.
IF YOU DO NOT AGREE OR IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
COPYRIGHT NOTICES. All contents of the Site are: Copyright © 2001-2009 CCR and/or its suppliers, 1225 South Weller Street, Suite 300 Seattle, WA 98144, USA. All rights reserved.