TERMS OF USE

Your access to and use of Cincinnati Preschool Promise’s (“Preschool Promise”, “us”, “our”, or “we”) websites and applications, including without limitation www.cincy-promise.org, and all other Preschool Promise websites, applications, and features (collectively referred to as the “Preschool Promise Website”) is governed by these Terms of Use (as may be updated by Preschool Promise from time to time, the “Terms”). By accessing or using the Preschool Promise Website, you agree to be bound by these Terms and the terms of Preschool Promise’s Privacy Policy available on Preschool Promise’s Website (collectively, the “Policies”). 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE, VIEW, OR OTHERWISE ACCESS THE PRESCHOOL PROMISE WEBSITE OR RELATED FEATURES, FUNCTIONALITY, AND SERVICES. YOUR ACCESS TO OR USE OF THE PRESCHOOL PROMISE WEBSITE WILL BE CONSIDERED AUTOMATIC ACCEPTANCE OF THESE TERMS.

USE OF THE PRESCHOOL PROMISE WEBSITE

You shall not access or use the Preschool Promise Website, or any content or materials displayed therein, for any purpose other than your own personal, non-commercial use. You agree to comply with all applicable laws, rules, and regulations at all times when accessing or using the Preschool Promise Website and viewing related materials. You will not upload any viruses or harmful information to the Preschool Promise Website.  You will not access, or attempt to access, any nonpublic features of the Preschool Promise Website.

USE OF IMAGES; CREATIVE CONTENT

Preschool Promise owns the Preschool Promise Website and all related data, materials, images, content, user interface, trademarks, copyrights, and other intellectual property related thereto and contained therein, except to the extent such art and creative works are owned by artists attributed therein. The images, materials, and content on the Preschool Promise Website are available exclusively for non-commercial, personal, and educational use.  You may only access or view such images on a temporary, non-commercial basis for the sole purpose of viewing, or for “fair use” as defined in the United States copyright laws. Without limiting the foregoing, your use of any such content or images displayed on the Preschool Promise Website is at your own risk. You are responsible for researching, understanding, and complying with applicable law with respect to the use of such images and content. You are solely responsible for complying with all applicable laws, rules, and regulations related to the use of such content and materials, including all copyright and other intellectual property laws. You agree to not misuse, misappropriate, modify, or alter any such images or content displayed on the Preschool Promise Website.  To the extent you use any such images or content in compliance with these Terms and applicable laws, you shall also provide proper attribution to the applicable creator or author of the work displayed in such images or materials, as well as proper attribution to the Preschool Promise.

DISCLAIMER OF WARRANTIES

THE PRESCHOOL PROMISE WEBSITE, THE INFORMATION, IMAGES, AND CONTENT DISPLAYED THEREIN, AND ANY PRODUCT OFFERED OR SOLD THROUGH THE PRESCHOOL PROMISE WEBSITE, ARE PROVIDED ON AN “AS-IS” AND “WHERE-IS” BASIS. Preschool Promise makes no representations or warranties related to (i) any images, data, or content contained on the Preschool Promise Website; or (ii) any information posted on the Preschool Promise Website.  Preschool Promise hereby disclaims all express and implied warranties related to the same.  Without limiting the foregoing, the Preschool Promise does not guarantee that (a) the Preschool Promise Website will meet your expectations or requirements; (b) the Preschool Promise Website will be uninterrupted, timely, secure, or error-free; or (c) that any errors or inaccuracies on the Preschool Promise Website will be corrected.

LIMITATION OF LIABILITY

PRESCHOOL PROMISE IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) ANY PRODUCT, SERVICE, WEBSITE, APPLICATION, OR OTHER MATERIALS, INFORMATION, OR CONTENT PROVIDED OR OWNED BY ANY THIRD-PARTY; OR (II) ANY ISSUES ARISING FROM YOUR USE OF THE INTERNET OR ANY SYSTEM WHEN ACCESSING THE PRESCHOOL PROMISE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, PRESCHOOL PROMISE WILL NOT BE LIABLE FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE PRESCHOOL PROMISE WEBSITE, THE IMAGES, CONTENT OR MATERIALS DISPLAYED THEREIN, OR PRODUCTS OFFERED THROUGH THE PRESCHOOL PROMISE WEBSITE EVEN IF THE PRESCHOOL PROMISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT YOU PAID PRESCHOOL PROMISE FOR THE PRODUCT THAT CAUSE SUCH DAMAGE, IF APPLICABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GOVERNING LAW AND JURISDICTION

These Terms, and your use and access of the Preschool Promise Website, will be governed by the laws of the State of Ohio. Any dispute related to these Terms, the Preschool Promise Website, or the content, products, or materials offered through the Preschool Promise Website, will be decided exclusively by the state or federal courts located in Hamilton County, Ohio, and you hereby submit to the exclusive jurisdiction and venue of such courts.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold  Preschool Promise and Preschool Promise’s directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) relating to or arising out of (i) any unauthorized activity related to your use of the Preschool Promise Website or the images or materials displayed therein; (ii) your violation of any term of these Terms; or (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Preschool Promise Website or images or materials displayed therein using your computer..licy, or other factors. We encourage you to periodically visit this page to review our most current policy.