Our web site is intended to provide you with information about our programs and services. In addition, our site may allow you to register or enroll with us for certain services, including (as applicable) enrollment of your child in one of our child care programs or centers or authorization by you of certain payments or payment methods. While we want you to enjoy the experience of visiting our site, we also want you to understand the terms to which you agree when you visit or browse our site. These terms apply to our site, and additional terms will apply to our services.
Compliance with Our Terms
By accessing our site, you are agreeing to these Terms of Site Use as well as all other legal notices, terms and policies on our site (all of which documents we refer to, together, as our "Terms"). All of our other Terms are expressly incorporated into these Terms of Site Use by reference. References to "we," "our," and "us" in these Terms of Site Use and in our other Terms refer to Knowledge Universe Education LLC, a Delaware company, and our affiliates, service providers and designees as we deem appropriate. Use of our site and its features is void where prohibited.
You agree to use our site only in accordance with our Terms, whether you are a "visitor" (which means that you simply browse our site) or you are a "registered user" (which means you have registered with us for one or more of our services). As used in our Terms, "user" means either a "visitor" or a "registered user." Please read and save all of our Terms. If you do not agree with our Terms, do not use our site or any of its features. If you register with us online, you will be required to indicate your acceptance to our Terms.
These Terms of Site Use contain important information regarding your transaction of business with us electronically. Federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand. Therefore, online contracts have the same legal force as signing an equivalent paper contract in ink. To obtain certain products and services from us online, you will be required to use an electronic signature.
We primarily communicate with you verbally or via written communication. By accessing our site, you consent to receiving all applications, notices, disclosures and authorizations (which we refer to, collectively, as "records") from us electronically rather than in paper format. You must have a computer (or other similar device), connection to the Internet and the ability to receive and read PDF files in order to conduct business with us electronically. If you wish to receive records in paper format or withdraw your consent to receiving electronic records from us, you may send a written request to your center director.
You agree to print out or download records from our site and keep them for your records. If you have any trouble printing out, downloading or accessing any records, you may contact us at: 1-877-778-2090.
Activating Your Account
If you register with us, you will receive an email confirming that you have completed the registration process. If you do not receive an email from us within a reasonable time period after you register with us, please contact us at: 1-877-778-2090.
Our Terms, as we may amend them from time to time, will remain in full force and effect so long as you use our site. We may amend or terminate any of our Terms at any time, and any amendment or termination will be effective at the time we post the revised Terms on our site. Each time you use our site, you should visit and review the then-current Terms that apply to use of our site. Your continued use of our site after we have posted amended Terms signifies your acceptance of the amended Terms. If you are dissatisfied with our site, its content or any of our Terms, you agree that your sole and exclusive remedy is to discontinue using our site. The Terms are the entire agreement between you and us with respect to your use of our site, except to the extent our other Terms apply.
Your Use of Our Site
By using our site and its features, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of our site and its features does not violate any applicable law or regulation.
Our practice is to enroll children in our centers and programs in compliance with the Americans with Disabilities Act of 1990, its implementing regulations and all other applicable federal, state and local laws, including those that relate to the provision of services to people with disabilities. We reserve the right to disenroll any child (i) who presents a risk to the health or safety of other children or our staff or (ii) whose needs may not be met in our centers and programs.
We own and control our site and, except as otherwise expressly stated, it and its content are protected by applicable copyright laws, both U.S. and foreign. The copyrighted material on our site includes, without limitation, the text, design, software, images, graphics, course code and other content. Except as expressly provided in our Terms, you do not acquire any ownership or other right in our site or its content by accessing, viewing or downloading copyrighted material.
Trademark and Service Marks
Some of the marks on our site are registered trademarks or service marks owned by us or by our affiliated companies in the United States and other countries. Various other trademarks and service marks used on our site are the property of their respective owners, and we use them with the consent of their respective owners. The absence of a name or logo on our site does not constitute a waiver of any intellectual property rights that we or our affiliated companies have established in any of our respective products, features, service names or logos. We, our affiliated companies and the other licensors of the marks on our site reserve all rights with respect to our respective trademarks, service marks, logos, trade names, trade dress and any other indicia for source of goods or services (all which we refer to, together, as our "marks"). Any unauthorized use of any of our marks is strictly prohibited. This notice does not constitute any form of license to use any of our marks. Rights or a license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent of ours is authorized to grant any rights or to authorize the use of any of our marks. Any such attempted grant, or related promise or guidance is invalid.
OUR SITE IS PROVIDED "AS-IS" AND AS AVAILABLE, AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF OUR SITE.
We are not responsible for and make no warranties, express or implied, as to any content on our site, including, without limitation, with respect to the accuracy and reliability of any content posted on or through our site, whether caused by us, by users, by any of the equipment or programming associated with or utilized by our site or otherwise. Our site may contain links to other web sites, and we are not responsible for the content, accuracy or opinions expressed on those web sites, and we do not investigate, monitor or check those web sites for accuracy or completeness. Inclusion of any linked web site on our site does not imply our approval or endorsement of the linked web site. When you access these third party sites, you do so at your own risk. We take no responsibility for third-party advertisements or third-party applications that are posted on or through our site, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of our site including for the conduct, whether online or offline, of any user of the site including, without limitation, any content posted by any user. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of our site or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with our site. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of our site, from the conduct of any users, whether online or offline, or otherwise. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our site. We will not be liable to you if you are unable to access information through our site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so some of the above limitations or exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU RELATED TO OR ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
You agree to indemnify and hold us, our subsidiaries and our affiliates, and their respective directors, officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, damages, or demand, including without limitation reasonable attorneys’ fees, due or relating to or arising out of (i) your use of our site in violation of our Terms, (ii) your breach of our Terms, or (iii) any breach of your representations and warranties set forth in our Terms.
Our Terms will be construed, and their performance enforced, under the laws of the State of Oregon without reference to conflicts of law principles. Any dispute relating to our Terms or site may be litigated only in a court having jurisdiction and venue in Multnomah County, Oregon for state court causes of action and in the District of Oregon for federal court causes of action, and, by using our site, each user expressly consents to the exclusive jurisdiction of those courts. We may assign our Terms, in whole or in part, to an affiliated entity or to a third party.
Any dispute or claim relating to or arising out of the Terms shall be submitted to nonbinding mediation prior to the commencement of arbitration, litigation, or any other proceeding before a trier of fact. The parties agree to act in good faith to participate in mediation and to identify a mutually acceptable mediator. If a mediator cannot be agreed upon by the parties, each party shall designate a mediator, and those mediators shall select a third mediator who shall act as the neutral mediator to assist the parties in attempting to reach a resolution. All parties to the mediation shall share equally in its costs.
You accept our Terms upon your use of our site or any of its features. Your acceptance constitutes a binding legal contract. Our Terms constitute the entire agreement between you and us regarding your use of our site and its features. Our failure to exercise or enforce any right or provision of our Terms shall not operate as a waiver of such right or provision. The section titles in our Terms are for convenience only and have no legal or contractual effect. Our Terms operate to the fullest extent permissible by law. If any provision of our Terms is unlawful, void or unenforceable, that provision is deemed severable from our Terms and does not affect the validity and enforceability of any remaining provisions.
Last updated: July 13, 2011