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Terms Of Use

AGREEMENT BETWEEN USER AND CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE

Revised: October 1, 2020.

Welcome to ChildPilot Childcare Management Software Terms of Use.  Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications.  If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@childpilot.com.

These Terms of Use are a binding contract between you and ChildPilot Childcare Management Software. You must agree to and accept all of the Terms, or you will not have the right to use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy, and these terms will remain in effect while you use the Services.

MODIFICATION OF THESE TERMS OF USE

ChildPilot Childcare Management Software reserves the right to revise these terms and conditions without prior notice.  If we do, we will do our best to bring it to your attention by placing a notice on our website, but you are responsible for knowing what the current Terms are and should therefore periodically visit this page to determine the then current Terms of Use by which you are bound. Our terms of use was last updated on October 2020.

CHILDPILOT COMMITMENT TO INTERNET SAFETY

ChildPilot Childcare Management Software provide childcare and early learning programs, as well as parents, to record personal data and share children’s activities. As a result, we take the safety, security and privacy of all our user’s information very seriously. We are committed to having the latest security systems in place to protect this information, as well as policies that respect the privacy of all of our users.

SERVER SECURITY

Information on ChildPilot Childcare Management Software is stored on Google Cloud (GCP) infrastructure. It is one of the most secure cloud computing environments available with highly secure data centers utilizing state-of the art electronic surveillance and access control systems, including trained security guard protection.

All information on ChildPilot Childcare Management Software is stored behind an encrypted password, for our childcare, as well as parents. Only those with authorization are able to access ChildPilot Childcare Management Software. Our system has a Secure Sockets Layer (SSL) certificate. SSL is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the ChildPilot Childcare Management Software server and your browser remains private. SSL is an industry standard for securing online transactions so is used by online banking and payments sites and, similarly, is used by ChildPilot Childcare Management Software to encrypt data transfers containing children's information.

DATABASE SECURITY

ChildPilot Childcare Management Software database complies with the most stringent security requirements. As part of our first-rate services, all data is stored encryption-at-rest. Data at rest refers to inactive data stored physically in any digital form, for example, information on your laptop is considered data at rest. Encrypting data at rest means that in the exceedingly unlikely event of a physical breach of underlying infrastructure, your data would remain safe and secure.

USE OF COMMUNICATION SERVICES

The ChildPilot Childcare Management Software Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

ChildPilot Childcare Management Software has no obligation to monitor the Communication Services. However, ChildPilot Childcare Management Software reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ChildPilot Childcare Management Software reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ChildPilot Childcare Management Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ChildPilot Childcare Management Software's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ChildPilot Childcare Management Software does not control or endorse the content, messages or information found in any Communication Service and, therefore, ChildPilot Childcare Management Software specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ChildPilot Childcare Management Software spokespersons, and their views do not necessarily reflect those of ChildPilot Childcare Management Software.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ChildPilot Childcare Management Software OR POSTED AT ANY ChildPilot Childcare Management Software WEB SITE

ChildPilot Childcare Management Software does not claim ownership of the materials you provide to ChildPilot Childcare Management Software (including feedback and suggestions) or post, upload, input or submit to any ChildPilot Childcare Management Software Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ChildPilot Childcare Management Software, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ChildPilot Childcare Management Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ChildPilot Childcare Management Software's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

PORTAL USER

These Terms apply to your use of all the Childpilot Portal Services:

SECURITY OF PORTAL USER INFORMATION

ChildPilot Childcare Management Software secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as personal data or a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

ACCESS TO PORTAL

Access to the ChildPilot Childcare Management Software Portal is provided only to the prospective portal user by their childcare or early learning program admin team member. Once granted access to the ChildPilot Childcare Management Software Portal it is at the user’s sole discretion to share their information. This access can also be revoked at any time

PERSONAL INFORMATION

ChildPilot Childcare Management Software portal collects personal identifiable information such as Name, Address, Telephone Number, and Email. ChildPilot Childcare Management Software does not share, sell, rent or lease its user’s information to anyone. In addition, ChildPilot Childcare Management Software’s Representatives have access to such information to help us perform statistical analysis, send you email, and provide customer support. All such third parties are prohibited from using your personal information except to provide these services to ChildPilot Childcare Management Software, and they are required to maintain the confidentiality of your information.

USER ACCOUNT

To use the ChildPilot Childcare Management Software Portal App You will be required to create an account, and select a password and user name (“Email”).  You promise to provide us with accurate user name (“Email”).  You may not select as your ChildPilot User name (“Email”) you don’t have the right to use, or another person’s (“Email”) with the intent to impersonate that person. You may not transfer or share your account to anyone else.

You must protect the security of your account and your password.  You’re responsible for any activity associated with your account.

AUTHORIZATION TO ACCESS PHOTOS

ChildPilot Childcare Management Software Portal usage requires access to photos in order for any ChildPilot Childcare Management Software Portal user to upload or download any media within our database to be saved onto their mobile device. In addition ChildPilot Childcare Management Software does not or will never have the ability to go within your device and view, monitor, or receive any of your personal information stored or delivered to your personal device.

PRIVACY OF INFORMATION

ChildPilot Childcare Management Software does not own any personal information about you or your child that is stored on our server, including any personal information, photos or videos. ChildPilot Childcare Management Software has no license to use any of your content covered by intellectual property rights, including photos and videos. Personal information on ChildPilot Childcare Management Software is never shared with any third party as per our Privacy Policy. It will never be used for marketing or advertising purposes without express written consent.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ChildPilot Childcare Management Software Web Site, you warrant to ChildPilot Childcare Management Software that you will not use the ChildPilot Childcare Management Software Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ChildPilot Childcare Management Software Web Site in any manner which could damage, disable, overburden, or impair the ChildPilot Childcare Management Software Web Site or interfere with any other party's use and enjoyment of the ChildPilot Childcare Management Software Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ChildPilot Childcare Management Software Web Sites.

LINKS TO THIRD PARTY SITES

The ChildPilot Childcare Management Software Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ChildPilot Childcare Management Software and ChildPilot Childcare Management Software is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ChildPilot Childcare Management Software is not responsible for webcasting or any other form of transmission received from any Linked Site. ChildPilot Childcare Management Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ChildPilot Childcare Management Software of the site or any association with its operators.

LIABILITY DISCLAIMER

IN NO EVENT SHALL CHILDPILOT MANAGEMENT SOFTWARE OR ANY OF ITS EMPLOYEES, DIRECTORS, REPRESENTATIVES, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE OR OUR SERVICES.

DISCLAIMER WARRANTY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE WEB SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CHILDPILOT CHILDCARE MANAGEMENT SOFTWARE.

SERVICE CONTACT : rtoupal@childpilot.com

TERMINATION/ACCESS RESTRICTION

ChildPilot Childcare Management Software reserves the right, in its sole discretion, to terminate your access to the ChildPilot Childcare Management Software Web Site and the related services or any portion thereof at any time, without notice if:

  • Signee violates any Terms listed under our USE OF COMMUNICATION SERVICES.
  • Signee fails to make payment when due hereunder, unless signee makes such payments within said 15 day notice period. 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Collin County, Texas, U.S.A. in all disputes arising out of or relating to the use of the ChildPilot Childcare Management Software Web Site. Use of the ChildPilot Childcare Management Software Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ChildPilot Childcare Management Software as a result of this agreement or use of the ChildPilot Childcare Management Software Web Site. ChildPilot Childcare Management Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ChildPilot Childcare Management Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ChildPilot Childcare Management Software Web Site or information provided to or gathered by ChildPilot Childcare Management Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ChildPilot Childcare Management Software with respect to the ChildPilot Childcare Management Software Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ChildPilot Childcare Management Software with respect to the ChildPilot Childcare Management Software Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the ChildPilot Childcare Management Software are: Copyright 2020 by Sportspilot Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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