Terms & Conditions

DayHeart LLC

Terms of Service & Conditions of Use

Date of Last Revision: August 13, 2019

Welcome!

Welcome to https://DayHeart.co and the DayHeart app for iOS and Android, owned and operated by DayHeart LLC (“DayHeart”, “we”, “us” or “our”). We’re glad you’re here. Our mission is to provide families with comprehensive information about formal childcare options and to connect childcare, preschool, and afterschool services (“Providers”) to families in a modern platform that values individual child and family needs.

As of July 2019, our geographic scope is limited to Washington State.

These Terms of Service & Conditions of Use (“Terms”) govern your use of this website and app (the “Site”), and the content and services available at or through the Site and our associated social media profiles. Please read them carefully. If you have questions, please contact us. To make these Terms easy to read, we use the term “Services” to refer to the Site, its content, and our products and services.

Any other policies, notices, or other legal/administrative pages on the Site are incorporated into these Terms. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.

Agreement to Terms

By accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, simply stop using the Services. If you are using the Services on behalf of any entity, you are agreeing to the Terms on behalf of that entity.

Changes to Terms or Services

We may modify these Terms at any time, at our sole discretion. If we do so, we’ll make it known on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, please discontinue use of the Services immediately.

We may also modify, change, or discontinue any or all of our Services at any time and without notice to you, at our sole discretion.

Privacy Policy

Your privacy is important to us. Our Privacy Policy is incorporated in these Terms. Please review it for information about the data we may collect and use.

Uses and Users

DayHeart is a marketplace of information about childcare, preschool, and afterschool services. We are not a childcare provider. We do not provide any childcare services.

The Site and Services are intended for:

  • Individual members of the public (the “Public”) who want to find and share information about and related to childcare in Washington State.
  • Providers who want to market information to the Public about their childcare offerings. See our FAQ for more information about who qualifies as a provider for purposes of this Site and our Services.

Only persons of the age of majority in Washington State may use this site.

Anyone who access the Site and uses the Services is a User.

Provider Profiles

We publish a basic profile of publicly available information about Providers which may include: Provider name; address of services; contact information; licensing status and if applicable, identification number and link to the State’s database of licensed providers; participation status in Early Achievers; whether they offer/participate in publicly funded programs for income eligible families; and capacity. Most Providers are licensed. Some are license-exempt. Most, but not all, of the information is from Washington State’s licensed childcare status and record database. This information is pulled periodically from the public database and is not independently verified by DayHeart. Information about childcare licensing, including what criteria must be met for a childcare provider to be licensed and who is exempt from licensing in Washington State, can be obtained from the Washington State Department of Children, Youth, and Families. Not every Provider in the state’s database may appear on DayHeart. WE MAKE NO REPRESENATION THAT WHAT WE PUBLISH CONSTITUTES A COMPLETE AND ACCURATE LIST OF ALL CHILDCARE, PRESCHOOL, AND AFTERSCHOOL SERVICES IN WASHINGTON STATE.

Unclaimed profiles appear with a tag saying “Claim Profile.” Providers can create a free account using a verifiable email address and password. If the email matches what is on file for the profile, this profile will automatically appear in the Provider’s account. If a Provider creates an account with a different email than what is on file for the profile they wish to claim, they can click this the “Claim this Profile” text which will generate an email request to contact@dayheart.co and we will work with them to verify their authenticity.

Once a profile has been claimed, the “Claim this Profile” tag will disappear, and the Provider may update the profile and add photos or other graphics. IN NO CIRCUMSTANCE MAY A PROVIDER PROVIDE FALSE OR MISLEADING INFORMATION IN THEIR PROFILE. A profile that has been claimed is not a guarantee of the accuracy of information shared on the profile.

If a Provider wishes to add a new program to DayHeart, the Provider can request their program to be added by completing the “Add My Program” form available here (hyperlink).

User Accounts

Anyone may create a free account with DayHeart for the intended uses using a verifiable email address. No other use is intended or permitted. By creating an account, Users can save information, “favorite” Provider profiles, contact Providers through the Site, and share to social media. We may add additional features in the future.

DayHeart Content

Subject to your compliance with these Terms, DayHeart grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the content on our Site (“Content”) solely in connection with your permitted use of the Site. For the purposes of these Terms, Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us of any kind, and information or other materials that are posted or generated by us or by Providers.

You may not copy, borrow, modify, or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing our Content. At no time is any user permitted to: (a) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute Content or the Site to a third party; (b) decompile, reverse-engineer, disassemble, or create derivative works of the Site, Services, or Content; or (c) use the Site or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. To remove any doubt, we explicitly prohibit scraping of data from our Site.

Intellectual Property

The Site contains material that may be protected by United States and international copyright, trademark, and other proprietary information, including, but not limited to, audio, video, graphic, photographic, and text information, and all DayHeart Services and Content. DayHeart, and any of our licensors, exclusively own all right, title and interest in, and to the Site, Services and Content, including all associated intellectual property rights. You acknowledge that the Site, Services, and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Site, Services, and Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of our Services or Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

Feedback

We welcome your ideas, feedback, comments, and suggestions for improvement at contact@dayheart.co. If you send or submit something to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit it for any purpose, such as creating a publicly available knowledge base or FAQ.

Provider Content and Communications

Providers are solely responsible for their own communications on and through the Site and Services. Providers may not, under any circumstances, provide false or misleading information; post material that is copyrighted by someone else without their explicit permission; post material that reveals someone else’s trade secrets without their explicit permission; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; post a sexually-explicit image; post advertisements or solicitations of any other business of any kind; post chain letters or pyramid schemes; or impersonate another person.

PROVIDERS ABSOLUTELY MAY NOT UPLOAD ANY IMAGE OF OR INCLUDING A MINOR CHILD WITHOUT HAVING THE WRITTEN PERMISSION OF EACH CHILD’S PARENT OR LEGAL GUARDIAN ON FILE.

DayHeart does not represent or guarantee the truthfulness, accuracy, or reliability of any information posted by Providers. We do not endorse any Providers or the opinions they express. You acknowledge that any reliance on information posted by Providers on our Site will be at your own risk.

We reserve the right, but not the obligation, to monitor what Providers post in their profiles. If we discover profiles that do not conform to these Terms, we may take any action we deem appropriate and necessary to ensure the Site is used for its intended purposes.

User Conduct

You agree to use this Site and its Services in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. Conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law is strictly prohibited. Any activity that restricts or inhibits any other user from using the Site or Services is also prohibited.

Your use of our Site is for your own personal, non-commercial benefit. In no way are you to leverage the Site or Services in a way that mines for the personal information of others for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email) and harvesting of information. If you inadvertently obtain personal information about Users other than what is shared in the User’s public profile, you will not use this information or share it with anyone else.

When you create an account, you are assigned a user ID (username) and password. You should keep these confidential as you are responsible for all activities that occur under your user ID and password.

No Professional Advice Given

No information contained on this Site or through our Services constitutes professional advice of any kind and forms no privileged client relationship.

Hyperlinks & Third-Party Resources

Links to our Site

We welcome you to link to https://DayHeart.co for non-commercial, informational purposes only.

Links to Third Party Websites

The Site is independently owned and managed by DayHeart LLC, and has no formal relationship or affiliation with any governmental agency, nonprofit organization, or private company, person, or group even if such name or a link to their website appears on the Site. You should assume no other party, by mere mention of their name, has endorsed anything you see here. If DayHeart accepts compensation from any third party, we will disclose so explicitly.

Third-Party Information

The Site may contain a blog which may at times include links to or advertisements of third-party websites (that are not affiliated with us). We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on the Site. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless DayHeart, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that content that originates from you caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

A Provider who has previously claimed a profile and later wishes to “unclaim” the profile may do so by emailing us at contact@dayheart.co. Profiles will then be reverted back to the basic profile that existed before the profile was claimed within a reasonable amount of time. This process is explained in our <a href=”http://dayheart.co/faq/”>FAQ</a>.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

WE DO NOT WARRANT OR REPRESENT THAT INFORMATION ON DAYHEART CONSTITUTES A COMPLETE AND ACCURATE LIST OF ALL CHILDCARE PROVIDERS IN WASHINGTON STATE. THE INFORMATION WE PROVIDE IS INFORMATIONAL ONLY. DO NOT RELY ON DAYHEART FOR A COMPLETE AND ACCURATE LIST OF ALL CHILDCARE IN WASHINGTON STATE.

Limitation of Liability

NEITHER DAYHEART NOR ANY OTHER party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, mOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not ANYONE HAS been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL DAYHEART’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, EXCEED THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM.

dayheart is not a childcare provider. we accept no liability whatsoever for false or misleading information provided by any user, or for any harm caused by any provider who uses this site. we are not liable in any way for the services provided by a user of this site. WE MAKE NO CLAIMS, REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF SERVICES PROVIDED BY any provider listed on this site.

Dispute Resolution

We hope we never have a dispute. But if we do, you and we agree to try for 60 days to resolve it informally, beginning with you sending us notice of your dispute by email to contact@dayheart.co.

If we are unable to resolve the dispute informally after 60 days, you and we agree the dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between DayHeart and you.  These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by DayHeart under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Site.

DayHeart’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DayHeart. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please email us at contact@dayheart.co

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