Effective Date: June 18, 2019
These Terms of Service are a binding contract between you and Carespan, LLC (“Roovillage,” “we,” “us,” “our”). Roovillage provides an online platform, www.Roovillage.com, that allows parents and legal guardians to find, book and pay for child care with licensed daycares and preschools. Our platform, which comprises our website and/or our mobile application, is referred to here as the “Services.” You (the “user” or “you”) use the Services subject to these Terms of Service (the “Terms of Service” or the “Agreement”). The Services are the property of Carespan and its licensors.
By visiting our website or using any Services, you are agreeing to be bound by the Terms of Service. If you do not agree, do not use any of the Services. Please read this Agreement carefully before using the Services. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
PARTIES
This is a legal agreement between you and us for use of any of the Services. This Agreement applies to you whether you are a provider of child care (or an authorized representative of a provider of child care) (a “provider”) or a parent or legal guardian (a “parent”). No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement.
LIMITED LICENSE
Subject to the terms of this Agreement, we grant to you, during the term of this Agreement, a limited license to access and use the Services. If you are a parent, you acknowledge and agree that you will use our Services for personal (non-commercial) uses only. You may view, download for caching purposes only, and print content from the website for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement. You are welcome to link to our website from your website or social media channels, provided that your website does not imply any endorsement by or association with Roovillage.
We do not request your feedback concerning the Services. Nonetheless, if you provide us with any feedback (including through any contact information available on the website or public forums) concerning the Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Services.
We retain the right to refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and/or refuse to provide the access to the Services to you if you breach any of these Terms of Service, we are unable to verify or authenticate any information you provide to us to create your account, or if we believe that your actions are impermissible or may create liability for us.
This Agreement is effective immediately upon your accessing the Services and will remain in effect until terminated, at will, by either party. Parents may terminate this Agreement by not accessing our Services and not utilizing provider services. Providers may terminate this Agreement by providing written notice to [email protected].
ELIGIBILITY TO USE SERVICES
The Services are intended for use by parents and providers only, to facilitate a marketplace for child care services offered by licensed providers. You must be 18 years or older to use our Services. If you believe that a child under 18 has used our Services and provided us any information, please contact us at [email protected]. Moreover, if we become aware that we have collected personal information (as defined by the Children's Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. By accessing the Services, you represent and warrant to us that: (i) you are an individual at least 18 years old or an entity with authorization to access the Services; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so and, if you are an entity representative, that you have the authority to contract on the entity’s behalf; (iii) any information you provide to us is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; and (v) your use of the Services does not violate any applicable law or regulation.
You will neither use nor permit others to use the Services (i) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (ii) to create any virus, worm, Trojan horse, or harmful code; (ii) for any illegal or unauthorized purpose; (iv) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or (v) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.
If you are a provider, you represent and warrant that your facility is licensed by your State's licensing agency for child care facilities. Providers that are not licensed for child care facilities are not permitted to use the Services.
YOUR RIGHTS AND RESPONSIBILITIES
If you are a parent, you are responsible for providing accurate information to us about yourself and your child, and inform us if and when it changes. If you are a provider, you are responsible for providing accurate information to us about your facility, and to inform us if and when it changes. We cannot be responsible for incomplete and/or inaccurate information.
We allow users to post content such as profile information, comments, questions, reviews of providers, and other content or information. In addition, providers may post content about their child care facility, including business information, social media links, photographs, reviews and other business information. Any information posted by users is referred to here as the “Content”.
We claim no ownership rights over Content created or submitted by users. The Content you create remains yours; however, by sharing Content through the Services, you agree to allow others to view, edit, repost, comment on, and/or share your Content in accordance with your settings and this Agreement. We may repost or share any Content via any means, including on our social media channels and platforms and on our newsletter. We have the right (but not the obligation) in our sole discretion to remove any Content that is shared via the Services.
By uploading Content to the website, you represent, warrant and agree that you have created the Content yourself or own all necessary licenses and permissions to upload the Content to the website and to provide us with the license or licenses to use the Content for our social media, marketing and any other business purposes. In addition, if you are a provider you represent and warrant that you have the authorization to post such Content, and that the information that you provide about any of your company’s services is accurate. If you are a provider, you understand and agree that users may post Content about you and your services, in the form of comments, questions or messages. User comments, questions and messages may include links to your website.
You also represent, warrant and agree that you have not and will not contribute any Content that (i) infringes, violates or otherwise interferes with any copyright or trademark of another party; (ii) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it; (iii) infringes any intellectual property right of another or the privacy or publicity rights of another; (iv) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or (v) creates an impression that you know is incorrect, misleading, or deceptive about any products or services. We reserve the right in our discretion to remove any Content from the website, or pursue any other remedy or relief available under equity or law.
NO GUARANTEES
You acknowledge and agree that your access and use of the Services and of the services and service providers featured on and linked to by our website is at your own risk. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE SERVICES, PRODUCTS OR PROVIDERS ON THE WEBSITE.
If you are a provider, you understand and agree that we make no guarantees about business that the Services may or may not generate for your business. Users are free to choose which providers they choose, and we have no control over their choices.
INTERACTION WITH THIRD PARTIES
The Services contain links to providers’ and other third party websites that are not owned or controlled by us, including but not limited to: Facebook, Twitter, Instagram, YouTube, LinkedIn, Stripe, Yelp, Google Analytics and provider websites. If you are a user of our website, you hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. If you provide us with payment information, you are subject to the terms and conditions of Stripe, available here: https://stripe.com/us/connect/account-terms. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any third party website.
Your interactions with providers found on or through the Services are solely between you and such providers. You should make whatever investigation you feel necessary or appropriate before making a reservation with a provider. You agree that we shall not be responsible or liable for any harm, loss or damage of any sort incurred by you or your child as a result of your child attending a provider facility. If there is a dispute between participants on this site, or between users and any provider or other third party, you understand and agree that we are under no obligation to become involved.
OWNERSHIP
All right, title, and interest in and to the Services, and all material, images and/or text available on or through the website (excluding Content) are and will remain the exclusive property of us and our licensors, including Webauthor.com, LLC. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the Carespan/ Roovillage name or any of our trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to us or our third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
All material, images and text included on the website (except for Content), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed by us or our content suppliers and protected by United States and international copyright laws.
DMCA NOTICE
We respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied, reproduced or published in a way that constitutes copyright infringement and is accessible via the Services, please notify [email protected]. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
This procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.
PAYMENT, CANCELLATION, OR REFUNDS
If you are a parent, you will only be charged after a provider accepts a reservation request. You will be charged the posted rate on roovillage.com either: 1) 48 hours in advance of the reservation start time or 2) immediately if the reservation start time is within 48 hours.
If you are a parent, you may cancel a reservation up to 48 hours in advance of the reservation start time and you will not be charged. If a reservation is made within 48 hours of the reservation start time, your card will be charged immediately after the provider accepts the reservation and no refund will be given for cancellation, no-shows or late drop-offs.
If you are a provider, we will remit payment to you for completed services once per month. Payment for services shall be the amount paid by parents less a ten percent (10%) transaction fee. Payment for all services provided and completed for any given month will be remitted on or before the last day of the following month.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
We retain the right to refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning and/or refuse to provide the Services to you if you breach any of the Terms of Service, and/or we believe that your actions are impermissible or may create legal liability for us.
LIMITATION OF LIABILITY; INDEMNIFICATION
We make no representations concerning any provider, and our inclusion of provider information is not an endorsement of such provider. In addition, we make no representations as to the accuracy of any Content. You use the Services and the services of the providers at your own risk. We will not be responsible or liable for the any harm, injury or damage suffered by you or your child as a result of your use of the Services or the services of a provider. If you are a parent, you represent that you understand that by using the Services, you release and hold Carespan/ Roovillage harmless from any and all direct, indirect, incidental, special, consequential or exemplary damages, in connection with or arising out of the providers' child care service, including but not limited to, personal injury, bodily harm, injury, or property damage or other intangible losses (even if we have been advised of the possibility of such damages), occurring while your child is in the providers’ care at any provider facility accessed through the Services.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Carespan/ Roovillage and its employees, officers, agents, or other partners, including Webauthor.com, LLC from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including physical or monetary harm or civil or criminal claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
The provisions of this section shall survive the expiration or earlier termination of this Agreement.
GENERAL PROVISIONS
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
This Agreement will be governed by and construed in accordance with the laws of the State of California. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in the courts of San Mateo County or the Northern District of California. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
This Agreement, together with our Privacy Policy available at https://roovillage.com/privacy-policy constitute the entire agreement between you and us and governs your use of the Services, superseding any prior agreements or contemporaneous agreements between you and us.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services.
Questions about the Terms of Service should be sent to [email protected].