PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. THESE TERMS COMPRISE A LEGAL CONTRACT BETWEEN YOU AND NEIGHBORSCHOOLS. 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 OUR WEBSITE. YOUR CONTINUED USE OF THE WEBSITE AND/OR SERVICES AFTER AMENDMENTS ARE POSTED CONSTITUTES AN ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT AND ITS MODIFICATIONS.
1. NeighborSchools’ Website and Services
NeighborSchools provides a centralized space for childcare providers (“Educators”) to manage their businesses as well as for families (“Families”) to research, enroll, pay tuition and contact Educators (collectively, the “Services”).
2. User Code of Conduct
As a condition of your access and use of the Website and your submission or access to any materials, including reviews, ratings, and other information available through the Website, you agree not to use the Website or any Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by NeighborSchools. The Code of Conduct is designed to ensure the Website is a safe and comfortable environment for all users. Specifically, and without limitation, you agree not to use the Website or Services to:
violate these Terms or and any applicable local, state, national or international law, and any rules and regulations having the force of law;
upload, post, email or otherwise transmit any content that is unlawful, harmful, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, tortuous, vulgar, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable;
infringe, misappropriate or violate any third party’s patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party, including, the Rights of NeighborSchools;
reproduce, duplicate, copy, modify, sell, re-sell or exploit any Website content for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of NeighborSchools, which consent may be withheld by NeighborSchools in our sole discretion;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or content for any purposes not authorized by these Terms;
upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges;
interfere with or disrupt the Services and/or Website or servers or networks connected to the Services and/or Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or Website.
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with NeighborSchools, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
knowingly provide or submit false or misleading information;
use the Website and Services if you are under the age of eighteen (18);
take any action that would undermine the review and rating process under the Website and Services; or
attempt to gain unauthorized access to the Website and Services, other user accounts, or other computer systems or networks connected to the Website and Services.
NeighborSchools shall have the right, but not the obligation, to monitor the content of the Website to determine compliance with these Terms and any other operating rules established by NeighborSchools and to satisfy any law, regulation or authorized government request. NeighborSchools shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website.
If you violate these Terms, your Website account may be suspended or terminated.
3. Registration Information
We may require that you create an account to use or access certain parts of the Website. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Website, you agree to (a) provide NeighborSchools with true, accurate, current and complete information as prompted by the NeighborSchools registration forms, when registering for or using the Website and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.
4. NeighborSchools Communications
By using this Website, you agree to receive email communications from NeighborSchools including, but not limited to, emails informing you of promotions that either NeighborSchools provides or that are being provided by third parties that NeighborSchools does not control. If you choose to respond to promotions that are provided by third parties, then the third party’s use of any information you provide is governed by that party’s privacy policies and terms of service. NeighborSchools is not responsible for any content posted to the site by third parties. NeighborSchools is not a party to any disputes between a third party and a user. NeighborSchools does not endorse such third-party content and under no circumstances is NeighborSchools liable for any products, services, content, or any other behavior of third-party services.
5. User Generated Content
The Website enables users to upload, post and share information, images, text and other material related to their use of the Services (“User Generated Content”). By providing any User Generated Content to the Website, you understand that NeighborSchools does not guarantee any confidentiality with respect to the User Generated Content and hereby grant a limited, worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to NeighborSchools a to use, reproduce, distribute, prepare derivative works of, and display your User Generated Content in connection with the provision of the Website and otherwise in connection with the provision of NeighborSchools’ business.
If we would like to publish your name, voice, likeness and other personal information that you provide in the course of using our services for advertising, marketing, publicity and promotional activities, we will ask you for your permission first.
6. Use of Educator’s Services
Any resulting employment, offer of employment or relationship between Educators and Families are solely between the respective parties to that transaction and in no way involve NeighborSchools. NeighborSchools provides information about childcare providers who have been licensed by the Commonwealth of Massachusetts. While NeighborSchools does not itself conduct background checks or confirm the purported skills or qualifications of any Educator, it does either review an Educator’s state certificate of license and/or confirm the Educator’s license status with the Commonwealth of MAssachusetts. Any information submitted by a user to the Website is outside of NeighborSchools’ control. Other than any internal postings of information about Educators through the Website, NeighborSchools does not provide hiring and placement services for any childcare offering posted on the Website or through the Services.
All content added, created, uploaded, submitted, distributed or posted to the Website by you is your sole responsibility. By using the Website, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Website or requested by you. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Educators or Families.
Any and all taxes, fees, or other liabilities incurred as a result of or relating to any childcare program on the Website are the responsibility of the Educators and/or Families and not NeighborSchools. Users expressly agree to indemnify and hold NeighborSchools harmless for any such taxes, fees, or other liabilities sought by a third party against NeighborSchools.
7. Payment Information
NeighborSchools does not collect credit card or bank account information from its users. Some of our features require you to pay a fee. You agree to pay these fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Website allows you to use Stripe® to process your credit card transactions. We will bill all charges automatically to your Stripe account. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services.
8. Information About Educators
NeighborSchools does not endorse and is not responsible or liable for any information provided through the Website by other users or services provided through any Educator. You agree that should you use or rely on such information, NeighborSchools is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Educators. Your engagement with any Educators is between you and the Educator and you understand you are responsible for taking all necessary prevautions.
You agree that NeighborSchools is not responsible for the accessibility or unavailability of any Educators or for your interactions and dealings with them, waive the right to bring or assert any claim against NeighborSchools relating to any interactions or dealings with any Educators, and release NeighborSchools from any and all liability for or relating to any interactions or dealings with Educators.
Without limiting the foregoing, your correspondence or business dealings with or use of any service provided by third parties or Educators found on or through the use of the Website, including payment for and delivery or fulfillment of related services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that NeighborSchools shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Educators on the NeighborSchools Website.
9. Educator Background and License Status Information
INFORMATION ABOUT EDUCATORS RELATED TO ITS LICENSING STATUS IS SELF-REPORTED AND PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IN GENERAL, NEIGHBORSCHOOLS DOES NOT INDEPENDENTLY CONDUCT BACKGROUND OR CRIMINAL RECORD CHECKS.
Portions of the Website allow Educators to submit information related to their license status with state officials to operate a licensed childcare center. By registering as an Educator, you authorize NeighborSchools, and acknowledge that for purposes of promoting the safety and integrity of its Website and Service, NeighborSchools reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that any representations and warranties made addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that NeighborSchools may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for NeighborSchools.
You also hereby represent, understand and expressly agree that NeighborSchools does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS AN EDUCATOR SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW NEIGHBORSCHOOLS TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE NEIGHBORSCHOOLS.
10. Disclaimer of Information Provided to Educators
Childcare licensure information is provided for informational purposes only. License and practice requirements are subject to change without prior notice. NeighborSchools makes a good faith effort to keep content accurate and current. Please check with your state’s licensing authority before applying for licensure or license renewal.
NeighborSchools do not provide tax, legal or accounting advice. The material on our Website has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors for these matters.
11. Modifications and Interruption to Services or Website
You acknowledge and accept that NeighborSchools does not guarantee continuous, uninterrupted or secure access to the Services or Website and operation or use of our Website or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. NeighborSchools shall not be liable should for any modifications, interruptions, outages, downtimes or disruptions to the Website or Services.
NeighborSchools reserves the right to modify or discontinue the Services and/or Website with or without notice.
12. Intellectual Property
The contents of this Website are protected by copyright, trademark and other intellectual property law and may not be modified, reproduced, copied or distributed without permission from NeighborSchools.
“NEIGHBORSCHOOLS” and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the Website the trademarks of NeighborSchools. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion.
You should assume all material available on the Website is protect by copyright law. All Website material apart from any content submitted by other Users, including, but not limited to, text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of NeighborSchools and/or its licensors and are protected by U.S. and international copyright laws.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to:
25 First Street, Cambridge, MA 02141
Email: [email protected]
13. Disclaimer of Warranties
THE SERVICES AND WEBSITE ARE PROVIDED BY NEIGHBORSCHOOLS ON AN `AS IS` AND ON AN `AS AVAILABLE` BASIS, NEIGHBORSCHOOLS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICES AND WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NEIGHBORSCHOOLS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEBSITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEIGHBORSCHOOLS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.
NEIGHBORSCHOOLS DOES NOT WARRANT THAT ITS WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT ITS SERVICE, WEBSITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER`S USE OF THE WEBSITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEIGHBORSCHOOLS IS NOT RESPONSIBLE FOR THOSE COSTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
14. Limitation of Liability
NEIGHBORSCHOOLS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NEIGHBORSCHOOLS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR NEIGHBORSCHOOLS DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE WEBSITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NEIGHBORSCHOOLS 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 SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
You hereby release and waive all claims against NeighborSchools with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.
You agree to indemnify and hold NeighborSchools, 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 (i) your use or misuse of, or inability to use the Services or Website; (ii) your infringement; (iii) your violation of these Terms or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other users; or (v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by NeighborSchools in the defense of such claims. NeighborSchools reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users.
16. Governing Jurisdiction of the Laws of Massachusetts
Massachusetts law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and NeighborSchools, without regard to conflict of law or choice of law rules. We make no representation that our Website and/or Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Website and/or use the Services you agree to do so subject to the laws of Massachusetts and the United States.
17. Third-Party Sites and Linked Content
18. Miscellaneous Terms
19. Contacting Us
If you have any questions regarding these terms or wish to contact us for any matter:
Email: [email protected]
These Terms were last modified on November 10, 2018