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Member Agreement-KinderView
This Member Service Agreement, (the "Agreement") governs the relationship between you ("Member") and KinderView.com., in respect of KinderView.com.'s secure Internet viewing service for childcare Centers.
This Agreement may be amended from time to time without obtaining Member's approval and Member agrees to review the Site periodically to be aware of such amendments. Amendments are accepted given Member's continued use of KinderView following any amendment.
License
DURING THE TERM OF THIS AGREEMENT, KINDERVIEW.COM HEREBY GRANTS MEMBER A LIMITED, NONEXCLUSIVE, NONTRANSFERABLE AND NONASSIGNABLE (INCLUDING BY MEANS OF A SUBLICENSE) LICENSE TO USE KINDERVIEW FOR VIEWING THE ACTIVITIES OF MEMBER'S CHILD AT THEIR CHILDCARE CENTER, AS FURTHER DESCRIBED IN THIS AGREEMENT. SUCH LICENSE MAY BE TERMINATED AT ANY TIME BY KINDERVIEW.COM OR BY THE CENTER. IF MEMBER IS TERMINATED, MEMBER WILL NO LONGER BE ALLOWED ACCESS TO OR BE ENTITLED TO USE KINDERVIEW.

Application; Password
In an effort to protect the interests of each Member, their children and the Center, KinderView.com or Center may refuse to accept Member's Application and may reject any Application without providing Member with a reason for its determination. If Member's Application is accepted by Center, KinderView.com will activate Member on KinderView and assign Member a KinderView account (the "Account") and a temporary password that will allow Member to access the Site. Thereafter Member will use their own password and periodically change this password as required. Member is responsible for the security and use of their own password.

Member assumes and is solely responsible for all damages, losses, costs and expenses arising as a result of Member's permitting any other person to use it's password and Member shall assume any and all resulting liabilities (whether civil or criminal) of such use, including responsibility for any and all Content (as defined herein) accessed on the Site, hold KinderView.com, and Center, their affiliates and any of their respective officers, directors, employees and other agents (herein "Agents") harmless for any such use of KinderView.com by a person other than Member.

Confidentiality / Disclosure of Statistical Information
Personal information, such as your name, address, children's names and ages, e-mail address, place of employment and telephone number may not be released to any other party, unless required to do so by a government agency. This information may only be used for administrative purposes by KinderView or Center.

However, statistical information (that which excludes any specific reference to you personally) may be sold, rented or disclosed to third parties, such as companies (including market research companies) promoting various products and services.

Please Note: We do not control the privacy or information disclosure policies of other companies that place advertisements or offer products and services on the KinderView site and we may not be held liable for any use or disclosure of any information you have provided to them.

Content
KinderView.com has an intellectual property right in the selection, coordination, arrangement and enhancement of such site Content and owns a copyright in the content (other than the images of center activities).

Member acknowledges that the Content posted on the Site is subject to certain legal rights others, and is also confidential and proprietary to the Center. The Center and/or KinderView.com may incur damages, losses and costs and expenses if such Content is provided or otherwise made available to unrelated third parties in violation of this Agreement. KinderView and /or Center shall have the sole discretionary right, to remove Content that any of them believe to be harmful, offensive or otherwise in violation of this Agreement or applicable law. Accordingly, Member acknowledges that neither KinderView.com, its affiliates, nor the Center shall assume or have any liability for any action or inaction by KinderView.com or its affiliates, or the Center, with respect to Content on, or Content changes within, the Site.

KINDERVIEW IS NOT INTENDED TO SERVE AS A SECURITY SYSTEM FOR EVENTS THAT TAKE PLACE AT ANY CENTER. ACCORDINGLY, KINDERVIEW.COM IS NOT OBLIGATED TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY WHICH APPEARS AS CONTENT ON THE KINDERVIEW SERVICE, NOR IS KINDERVIEW.COM OBLIGATED TO ARCHIVE OR OTHERWISE MAINTAIN VIDEOTAPE OR OTHER REPRODUCTION OF THE CONTENT WHICH APPEARS ON THE KINDERVIEW SERVICE FOR FUTURE REFERENCE. IN ADDITION, KINDERVIEW.COM IS NOT OBLIGATED TO TAKE ANY STEPS TO VERIFY THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY CONTENT INCLUDED IN KINDERVIEW.

NEITHER KINDERVIEW.COM, ITS AFFILIATES NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, AND NONE OF THESE PARTIES SHALL BE LIABLE FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES, OF ANY KIND AND DESCRIPTION (INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES), RELATING TO THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY CONTENT ON THE SITE, THE USE OF CONTENT ON THE SITE, OR THE QUALITY OF USAGE OR THE RESULTS THAT MAY BE OBTAINED FROM THE KINDERVIEW SERVICE. THE SERVICE IS BEING PROVIDED ON AN "AS IS" BASIS AND KINDERVIEW.COM DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND AS TO KINDERVIEW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. KINDERVIEW.COM DOES NOT REPRESENT OR WARRANT THAT KINDERVIEW WILL NEVER BE SUSPENDED OR TERMINATED.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KINDERVIEW.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KINDERVIEW.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINDERVIEW.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT KINDERVIEW.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE KINDERVIEW.COM SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT KINDERVIEW.COM HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.

Proprietary Rights
Member acknowledges the following:

(i) KinderView permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights");
(ii) these rights are valid and protected in all media and technologies existing now or later developed; and
(iii) except as explicitly provided otherwise, the Agreement, applicable copyright and other laws govern Member's use of Content.

Member grants KinderView.com and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. Member also warrants that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to Member the right to grant the license stated above. Member also permits other KinderView members to access the Content for personal use. Subject to the foregoing, the owner of Content placed on KinderView retains any and all rights that may exist in such Content.

Indemnification
Member agrees to indemnify, defend and hold harmless KinderView.com, its affiliates and their respective Agents, from and against any and all damages, costs and expenses (including reasonable attorney's fees) arising as a result of Member's use of the KinderView service or Member's use or distribution of any Content posted on the Site (including, but not limited to, use or distribution of such Content by any third party to whom Member has distributed any Content posted on the Site. This agreement of indemnity is in addition to, and will not limited or restrict, any other remedies which may be available to KinderView.com and shall survive any termination of this Agreement.

Termination; Assignment
KinderView.com reserves the right to terminate this Agreement without notice if Member no longer has a child or children enrolled in a program at the Center (the "Program") or if KinderView.com believes it would be in the best interest of the KinderView system and/or the Center or its clients. In the event of termination of this Agreement, Member's password will be deactivated.

From time to time KinderView.com may have no choice but to temporarily suspend the KinderView system without advance notice to the Member. In addition, KinderView.com may assign this Agreement to any affiliate or successor in interest at any time without prior notice to or consent from Member.

Representations and Warranties
In an effort to protect the interests of each Member, their children and the Center, Member represents and warrants to KinderView.com that (i) Member is a natural or adoptive parent or legal guardian of a child (or children) in the Program and (ii) the information Member provides in this Agreement is accurate and complete. In the event that any such information changes, Member must promptly communicate such changes to the Center and KinderView.com in accordance with the terms hereof.

Member acknowledges that KinderView.com is not responsible for compliance by the Center with applicable laws and regulations, including but not limited to those regarding the care of children; nor is KinderView.com responsible for any events that take place at the Center other than as a direct result of the gross negligence or intentional wrongdoing of KinderView.com or its Agents. Member shall use KinderView only for lawful purposes. Member shall not, under any circumstances, do any of the following: (1) transmit on KinderView any defamatory, harmful, obscene, threatening, vulgar, profane, abusive, or racially, ethnically, or otherwise objectionable or unlawful material; (2) transmit files that contain a virus or otherwise corrupted data; (3) use KinderView to violate the legal rights (including the rights of publicity and privacy) of others; (4) download a file that Member knows, or has reason to believe, cannot be distributed legally over KinderView (notwithstanding its availability to KinderView); or (5) use any application or other means to add/change/delete or attempt to add/change/delete Content in any KinderView database other than the applications and utilities provided by KinderView.com expressly for that purpose.

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. THE PARTIES CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF FEDERAL OR STATE COURTS IN WASHINGTON FOR ALL DISPUTES ARISING OUT OF OR RELATING TO MEMBER'S USE OF KINDERVIEW. THIS AGREEMENT CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN KINDERVIEW.COM AND MEMBER WITH RESPECT TO KINDERVIEW.

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