PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
This Agreement governs the use of the services (the "Service") offered by North Shore Kid, LLC ("NorthShoreKid.com") at the NorthShoreKid.com website (the "Site"). Please read these Terms of Use ("Terms of Use" or "Agreement") before using or continuing to use the Site. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. If you object to anything in this Agreement or the Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by NorthShoreKid.com at any time, effective upon posting on the Site of a revised version, and your use of the Service after such posting, or your failure to terminate your account before the effective date of the revised version, will constitute acceptance by you of the revised version of the Terms of Use.
General Terms
The NorthShoreKid.com website (the “Site” or “NorthShoreKid.com”) is provided by North Shore Kid, LLC and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to terms of use and all modifications thereto (“Terms of Use”), and the rules that may be published from time to time by NorthShoreKid.com. By using this site, you are deemed to have agreed to these terms of use. NorthShoreKid.com connects Family Service Providers and Family Service Recipients. NorthShoreKid.com is a communications platform for enabling the connection between individuals seeking services ("Family Service Recipients") and/or individuals seeking to provide services ("Family Service Providers") (collectively, "Users"). Users do hereby represent, understand and expressly agree that NorthShoreKid.com does not have liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Family Service Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Family Service Recipients. All Users do hereby expressly agree not to hold NorthShoreKid.com (or NorthShoreKid.com's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and NorthShoreKid.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
Transactions
Users of the Site contract between themselves. In no way is NorthShoreKid.com involved in transactions for family services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. NorthShoreKid.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold NorthShoreKid.com harmless for any claim or controversy that may arise from any disputes between Users of the Site.
Public Areas
If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant and proper to the applicable forum. Any usage of the Site by any User that NorthShoreKid.com finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. NorthShoreKid.com reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Site for any purpose which is in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, corrupted files, or any other similar software or services that may damage the operation of another's computer.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
- Restrict or inhibit any other User from using and enjoying the Public areas.
You also agree that you will not harvest, collect or store information about the users of this Site or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge and agree that NorthShoreKid.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NorthShoreKid.com, its users or the public.
You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. NorthShoreKid.com assumes no responsibility for the deletion or failure to store postings, contributions or other information submitted by you or other users to NorthShoreKid.com.
Any or all content on the Site may be purged periodically at NorthShoreKid.com’s sole discretion. You acknowledge and agree that content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by NorthShoreKid.com or submitted to NorthShoreKid.com, including content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of NorthShoreKid.com, and NorthShoreKid.com does not support or endorse content (including any contribution, whether or not edited by NorthShoreKid.com or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Eligibility Certification; User Obligations
ELIGIBILITY CERTIFICATION: By becoming or attempting to become a Family Service Provider or Family Service Recipient, or by using this site, every User certifies that the User meets and will continue to meet the following conditions for as long as the user uses the Site or service:
- User is at least 18 years old and is legally authorized to work within the jurisdiction of the United States;
- The User has not been convicted of a crime of any nature, including any felony or any misdemeanor of any kind, and has not been convicted of any sexual offenses; and
- The User further represents that User is not currently out on bail or on User's own recognizance pending trial, relating to any felony or misdemeanor charges or sexual offenses of any kind.
Each User makes the above certification and agrees that (a) NorthShoreKid.com may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Users acknowledge that NorthShoreKid.com does not have actual knowledge that the Eligibility Certification is true. NorthShoreKid.com does not independently verify that any or all of the Eligibility Conditions are met by any user. If NorthShoreKid.com becomes aware that an Eligibility Condition is not met or appears not to be met, NorthShoreKid.com may terminate the User without notice or refund and each User agrees to make no further use of the Site or Service after termination. NorthShoreKid.com reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. NorthShoreKid.com hereby disclaims, and each User agrees NorthShoreKid.com shall have not have, any liability whatsoever for: (1) any inaccuracy of a User's Eligibility Certification or (2) misstatements and/or misrepresentations made by any User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold NorthShoreKid.com harmless from and against the foregoing.
Links and Account Information
All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account. NorthShoreKid.com has no control over the use of any User's account and expressly disclaims any liability derived there from. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact NorthShoreKid.com immediately. Links (such as hyperlinks) from NorthShoreKid.com to other sites on the Web do not constitute the endorsement by NorthShoreKid.com of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that NorthShoreKid.com does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation external websites that are framed by the NorthShoreKid.com Site as well as any advertisements displayed in connection therewith) does not mean that NorthShoreKid.com endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by NorthShoreKid.com's Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. NorthShoreKid.com expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All users do hereby agree to hold NorthShoreKid.com harmless from any liability that may result from the use of links that may appear on the Site.
Non-Solicitation
The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing family services. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with NorthShoreKid.com without express written permission from NorthShoreKid.com. Should NorthShoreKid.com find that you violate the terms of this section or any terms stated herein, NorthShoreKid.com reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Specific Terms and Conditions
NorthShoreKid.com is only a Venue.
NorthShoreKid.com is a communications platform for enabling the connection between Users. NorthShoreKid.com does not take part in the interaction between Users. NorthShoreKid.com does not have control over the quality, timing or legality of services actually delivered by its Users. NorthShoreKid.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, NorthShoreKid.com does not confirm that each User is who they claim to be, however, NorthShoreKid.com has established a forum for Users to provide references and to conduct some screening activities. NorthShoreKid.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. NorthShoreKid.com does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or in a background check report or other consumer report or identity report.
Release
In the event that you have a dispute with one or more Users, you release NorthShoreKid.com (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Provided by Users
Users are responsible for providing accurate, timely and complete information to NorthShoreKid.com in connection with their registration for and use of the Site. NorthShoreKid.com is not responsible for any claims relating to any inaccurate, untimely, or incomplete information, including but not limited to Eligibility Certifications, provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant NorthShoreKid.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in NorthShoreKid.com's Privacy Policy, any submissions to Public Areas will be public, and NorthShoreKid.com will not be responsible for the action of Users with respect to any information or materials posted in Public Areas.
Your Information
"Your Information" is defined as any information you provide to us or other Users through the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information, you hereby represent and warrant to NorthShoreKid.com that Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for NorthShoreKid.com or cause NorthShoreKid.com to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable NorthShoreKid.com to use Your information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. NorthShoreKid.com will also use Your Information in accordance with our Privacy Policy.
Billing and Payment Policy
Family Service Providers are obligated to pay for the services of the Site, unless specifically notified otherwise. The price structure may change in the future, but Family Service Providers lock into the term and price of the subscription they choose upon registration. There are premium add-on features available to all Users for an additional fee. Pricing may be altered by any promotion selected at the time of registration. For all fees, NorthShoreKid.com will charge the User's credit card according to the agreed-upon fee between User and NorthShoreKid.com for use of the services of the Site. NorthShoreKid.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. While NorthShoreKid.com will use reasonable commercial efforts to ensure the privacy of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold NorthShoreKid.com harmless for any damages that may result there from. NorthShoreKid.com will use a third party service to process credit card information. For further information regarding that service, please contact NorthShoreKid.com to request information about NorthShoreKid.com's credit card processing company.
Renewal and Cancellation
User subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the prior term's subscription rate. NorthShoreKid.com will continue to renew subscriptions until the User requests a cancellation. If a user cancels the subscription, the subscription will terminate immediately. However, Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.
No Liability
Users agree not to hold NorthShoreKid.com, NorthShoreKid.com's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release NorthShoreKid.com and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
Indemnification
By agreeing to the terms of this Agreement, Users agree to indemnify, defend, and hold harmless NorthShoreKid.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "NorthShoreKid.com") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by NorthShoreKid.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. NorthShoreKid.com and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of NorthShoreKid.com. Users further agree to hold harmless NorthShoreKid.com and Affiliates, as well as, if applicable, the User's employer1 or anyone who pays for the Service on the User's behalf1, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site.
NorthShoreKid.com is 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 email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will NorthShoreKid.com or any of its Affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and NorthShoreKid.com EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NorthShoreKid.com cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. NorthShoreKid.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by NorthShoreKid.com as provided hereunder. NorthShoreKid.com may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. Furthermore, NorthShoreKid.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of NorthShoreKid.com as posted on the Site from time to time. If NorthShoreKid.com terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of NorthShoreKid.com. Except as required by law. NorthShoreKid.com is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, NorthShoreKid.com is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by NorthShoreKid.com LLC or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. NorthShoreKid.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the NorthShoreKid.com Site without NorthShoreKid.com's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of NorthShoreKid.com and/or the relevant right holder.
Notice of Trademark Rights
The service marks and trademarks NORTHSHOREKID.COM, NORTHSHOREKID, and the NorthShoreKid.com logo are service marks owned by NorthShoreKid.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of NorthShoreKid.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software and the Site is not intended for children. Nevertheless and pursuant to the Communications Decency Act, all Users are hereby informed by NorthShoreKid.com, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Privacy
NorthShoreKid.com's Privacy Policy located on its Site as modified by NorthShoreKid.com from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to that policy.
Copyright Complaints and Copyright Agent
NorthShoreKid.com respects the intellectual property of others, and asks Users to do the same. NorthShoreKid.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, NorthShoreKid.com asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide NorthShoreKid.com's Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow NorthShoreKid.com to locate the material, and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. NorthShoreKid.com's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, NorthShoreKid.com, 60 Thoreau Street Suite 172 Concord, MA 01742). NorthShoreKid.com will terminate access to the Site of those who engage in repeated acts infringement.
Limited License
NorthShoreKid.com grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.
Modifications to the Site
NorthShoreKid.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that NorthShoreKid.com shall not be liable to User or any third party for any modification or discontinuance of the Site.
User account, password and security
Users are responsible for maintaining the confidentiality of any password and login ID provided by themselves or NorthShoreKid.com for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify NorthShoreKid.com of any unauthorized use of User’s password or account or any other breach of security.
No Joint Venture
Users are not legally affiliated with NorthShoreKid.com in any way merely by virtue of their membership or usage of NorthShoreKid.com's Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. NorthShoreKid.com is not an employment service and does not serve as an employer of any User that may use this Site. NorthShoreKid.com is only a venue for connecting Users. As such, NorthShoreKid.com expressly disclaims any liability that may arise between Users of its Site.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER NORTHSHOREKID.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. NORTHSHOREKID.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE IS NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. NORTHSHOREKID.COM LLC AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. NORTHSHOREKID.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD NORTHSHOREKID.COM LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Arbitration
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or NorthShoreKid.com may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts, necessary to protect the rights of property for you or NorthShoreKid.com pending the completion of arbitration.
General Provisions
Failure by NorthShoreKid.com to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by NorthShoreKid.com, shall be exclusively brought in the federal, state, or local courts located in Boston, Massachusetts and, with regard to such claims and disputes. Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and NorthShoreKid.com with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of NorthShoreKid.com, its successors and assigns.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the Massachusetts (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Boston, Massachusetts. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between NorthShoreKid.com and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by NorthShoreKid.com with respect to the subject matter except as set forth herein.
SMS TEXT MESSAGE ALERT SERVICE
NorthShoreKid.com may make an SMS text message alert service available to Family Service Providers and/or Family Service Recipients. Family Service Providers and/or Family Service Recipients who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give NorthShoreKid.com express permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that NorthShoreKid.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Although NorthShoreKid.com does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from NorthShoreKid.com.
