Terms of Use Agreement between

Inspire Care 360, Inc. (“IC360”) and User:

 

Read ThisTerms of Use Agreement Before Accessing Website.

 

Effective Date: This Terms of Use Agreement was last updated on October 11, 2017.

This Terms of Use Agreement sets forth the standards of use of the IC360 Online Service for Registered Members. IC360 is the operating company, of which Inspirecare360.com is its primary operating service. Through Inspirecare360.com (the “Site”) you have access to content, documents, materials, information, products and services (collectively “Content”). By using the Site, you (the “User”) agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided by our Terms and Use. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service / Price / Terms / Renewal

Inspirecare360.com is providing User with online assistance in operating your daycare center through multiple-back-office on demand and diagnostic services supporting early learning and childcare centers in the areas of Human Resources, Training, Development and Organizational Development, Purchasing and Procurement, Technical computer and networking help-desk support, communication, public relations and brand development support as well as a copywritten curriculum, and wellness services that will be made available to subscribers (collectively the “Services”). There is a charge to you for using the Services. User shall pay for twelve-month (minimum) programs based on number of subscribing members, starting at $399 for an initial one-time set-up fee and a $399 month (for 1 to 3 Subscriber listed users) monthly fee (twelve-month minimum), charged directly to your credit card. User hereby authorizes IC360 to charge User’s credit card for said monthly fee. This Agreement shall automatically renew for successive twelve-month periods unless User provides written notification to IC360 at least sixty (60) days before the end of the current twelve-month period. For additional users and additional services, please follow this link http://bit.ly/IC360-ContactUsToday to review our Subscriber Pricing. IC360 has the right and without notification to change the number or different types of Services as well as decrease the numbers and/or types of Services. This does not modify or release in any way the subscriber from the agreement.

  1. Disclaimer of Warranties.

The site is provided by IC360 on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, IC360 makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. IC360 shall have no liability for any interruptions in the use of the Site. IC360 disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore in some jurisdictions; the above-referenced exclusion is inapplicable. In no way shall IC360 be deemed to be providing any legal advice. Always consult your own attorney before implantation as laws may vary depending on jurisdiction.

  1. Limitation of Liability

IC360 SHALL NOT be liable for any damages whatsoever, and in particular IC360 shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if IC360 has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN SOME JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  1. Indemnification

User agrees to indemnify and hold IC360, Inspirecare360.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

  1. Modifications and Interruption to Service

IC360 reserves the right to modify or discontinue the Service with or without notice to the User. IC360 shall not be liable to User or any third party should IC360 exercise its right to modify or discontinue the Service. User acknowledges and accepts that IC360 does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  1. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that IC360 is not responsible for (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that IC360 is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

  1. Governing Jurisdiction of the Courts of New York

Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.

  1. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  1. Copyright and Trademark Information

All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of IC360 and/or third parties protected by intellectual property rights. Any unauthorized use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.

IC360 and Inspirecare360.com are proprietary marks of IC360. IC360’s trademarks may not be used in connection with any product or service that is not provided by IC360 in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IC360, or Inspirecare360.com service.

All other trademarks displayed on the Inspirecare360.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with IC360.

  1. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, IC360 designates the following individual as its agent for receipt of notifications of claimed copyright infringement. Brett E. Dawson, Esq. Dawson Law Firm, P.C. 1844 Penfield Road Penfield, New York 14526

  1. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IC360 MAKES NO WARRANTY THAT: (A) THE SITE WILL NEET YOUR REQUIREMENTS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACURATE OR RELIABLE; OR (C) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

  1. Other Terms

You hereby grant IC360 a license to use and display your name and logo on its website for marketing purposes. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by IC360, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.