| This Agreement ("Agreement")
is by and between Delona Associates LLC, operators
of Kiddiecarelink.com, a Virginia based company
and You, Your heirs, agents, successors and assigns
("You"), and is made effective as of
the date of electronic execution. This Agreement
sets forth the terms and conditions of Your use
of Delona Associates services and explains Delona
Associates LLC’s obligations to You and Your
obligations to Delona Associates LLC in relation
to the Services You purchase.
This Agreement as well as any additional Delona Associates
LLC policies, together with all modifications thereto,
constitute the complete and exclusive agreement between
You and Delona Associates LLC concerning Your use
of Delona Associates LLC’s Services, and supersede
and govern all prior proposals, agreements, or other
communications. All Delona Associates LLC policies
and agreements specific to its Service are incorporated
herein. By purchasing Delona Associates LLC’s
Services, You acknowledge that You have read, understood,
and agree to be bound by all terms and conditions
of this Agreement and any other policies or agreements
made part of this Agreement by reference, as well
as any new, different or additional terms, conditions
or policies which Delona Associates LLC may establish
from time to time, and any agreements that Delona
Associates LLC is currently bound by or will be bound
by in the future.
In addition to transactions entered into by You on
Your behalf, You also agree to be bound by the terms
of this Agreement for transactions entered into on
Your behalf by anyone acting as Your Agent, and transactions
entered into by anyone who uses the account You've
established with Delona Associates LLC, whether or
not the transactions were in Your behalf.
1. TERMS OF AGGREEMENT; MODIFICATIONS
You agree that Delona Associates LLC may modify this
Agreement and the Services from time to time. You
agree to be bound by any changes Delona Associates
LLC may reasonably make to this Agreement when such
changes are made. If you have purchased Services
from Delona Associates LLC, the term of this Agreement
shall continue in full force and effect as long as
you take advantage of and use these Services. In
the event you terminate your usage, Delona Associates
LLC will not refund any amounts you have paid. Delona
Associates LLC may, at times, offer certain promotions
with different charges and features.
2. CANCELLATION POLICY
You agree that you will be responsible for notifying
Delona Associates LLC should you desire to terminate
your use of Delona Associates LLC’s Services.
Notification of Your intent to terminate must be
provided to Delona Associates LLC no earlier than
10 days prior to your billing date.
3. ACCURATE INFORMATION.
You agree to maintain accurate information by providing
updates to Delona Associates LLC, as needed, while
you are using Delona Associates LLC’s Services.
You agree you will notify Delona Associates LLC within
five (5) business days when any change of the information
you provided as part of the application and/or registration
process changes. Failure by You, for whatever reason,
to respond within five (5) business days to any inquiries
made by Delona Associates LLC to determine the validity
of information provided by you will constitute a
material breach of this Agreement.
You agree that Delona Associates LLC may use and
rely on any such information provided by you for
all purposes in connection with Your Services, subject
to Delona Associates LLC’s Privacy Policy.
If you provide any information that is inaccurate,
not current, false, misleading or incomplete, or
if Delona Associates LLC has reasonable grounds to
suspect that your information is inaccurate, not
current, false, misleading or incomplete, Delona
Associates LLC has the absolute right, in its sole
discretion, to terminate its Services and close your
account.
4. PRIVACY.
You can view Delona Associates LLC’s Privacy
Policy here, which is incorporated herein by reference.
The Privacy Policy provides your rights and Company’s
responsibilities with regard to your personal information.
Company will not use your information in any way
inconsistent with the purposes and limitations provided
in the Privacy Policy.
5. ACCOUNT SECURITY.
You agree you are entirely responsible for maintaining
the confidentiality of your password and account
information. You agree you are entirely responsible
for any and all activities that occur under your
account. You agree to notify Delona Associates LLC
immediately of any unauthorized use of your account
or any other breach of security. You agree Delona
Associates LLC will not be liable for any loss that
you may incur as a result of someone else using your
password or account, either with or without your
knowledge. For security purposes, you should keep
account access information in a secure location and
take precautions to prevent others from gaining access
to your user name and password. You agree that you
will be responsible for all activity in your account,
whether initiated by you, or by others on your behalf,
or by any other means. Delona Associates LLC specifically
disclaims liability for any activity in your account,
whether authorized by you or not.
6. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of Delona Associates LLC’s
Services, You agree not to use them for any purpose
that is unlawful or prohibited by these terms and
conditions, and you agree to comply with any applicable
local, state, federal and international laws, government
rules or requirements. You agree you will not be
entitled to a refund of any fees paid to Delona Associates
LLC if, for any reason, Delona Associates LLC takes
corrective action with respect to your improper or
illegal use of its Services.
Delona Associates LLC reserves the right at all times
to disclose any information as Delona Associates
LLC deems necessary to satisfy any applicable law,
regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Delona Associates
LLC’s sole discretion.
Delona Associates LLC reserves the right to terminate
Services if Your usage of the Services results in,
or is the subject of, legal action or threatened
legal action, against Delona Associates LLC or any
of its affiliates or partners, without consideration
for whether such legal action or threatened legal
action is eventually determined to be with or without
merit.
Except as set forth below, Delona Associates LLC
may also cancel Your use of the Services, after thirty
(30) days, if You are using the Services, as determined
by Delona Associates LLC in its sole discretion,
in a morally objectionable activities. Morally objectionable
activities will include, but not be limited to: activities
designed to defame, embarrass, harm, abuse, threaten,
slander or harass third parties; activities prohibited
by the laws of the United States; activities designed
to encourage unlawful behavior by others, such as
hate crimes, terrorism and child pornography; activities
that are tortuous, vulgar, obscene, invasive of the
privacy of a third party, racially, ethnically, or
otherwise objectionable; activities designed to impersonate
the identity of a third party. You agree you will
not be entitled to a refund of any fees paid to Delona
Associates LLC if, for any reason, Delona Associates
LLC takes corrective action with respect to your
improper or illegal use of its Services.
7. FEES AND PAYMENT.
As consideration for the Services provided to you
by Delona Associates LLC, You agree to pay Delona
Associates LLC at the time you order. Delona Associates
LLC expressly reserves the right to modify pricing
through email notification and/or notice on its Web
site. Your monthly billing date will based on the
day of the month You purchase the Service unless
that date falls after the 28th of the month in which
case Your billing date will be the 28th of each month.
If for any reason Delona Associates LLC is unable
to charge Your Payment Method for the full amount
owed Delona Associates LLC for the Services provided,
or if Delona Associates LLC is charged a penalty
for any fee it previously charged to Your Payment
Method, You agree that Delona Associates LLC may
pursue all available remedies in order to obtain
payment. If You pay by credit card and if for any
reason Delona Associates LLC is unable to charge
Your credit card with the full amount of the Services
provided, or if Delona Associates LLC is charged
back for any fee it previously charged to the credit
card You provided, You agree that Delona Associates
LLC may pursue all available remedies in order to
obtain payment.
8. REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute
this Agreement on behalf of You hereby represent
and warrant that they have the right, power, legal
capacity and appropriate authority to enter into
this Agreement, and that they own and have not transferred
to any other person or entity any of the rights,
claims or interests that are the subject of this
Agreement. You represent and warrant that You are
18 years of age or older, or that You have an agent
authorized by law to represent You who is 18 years
of age or older who is entering into this Agreement
on Your behalf. You warrant that each action You
make is being done so in good faith and that You
have no knowledge of it infringing upon or conflicting
with the legal rights of a third party or a third
party's trademark or trade name.
IN NO EVENT SHALL DELONA ASSOCIATES LLC BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF
WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH
OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS
AND POLICIES YOUR INABILITY TO USE THE SERVICES,
YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF
Delona Associates LLC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Some states may not allow such a broad exclusion
or limitation on liability for damages as contained
herein. In such states, Delona Associates LLC’s
liability is limited to the full extent permitted
by law. You agree that in no event shall Delona Associates
LLC’s maximum aggregate liability exceed the
total amount paid by You for the particular Service
in dispute purchased from Delona Associates LLC.
9. DISCLAIMER OF WARRANTIES.
Services are provided on an "As Is" and "As
Available" basis. Delona Associates LLC makes
no warranty that its services will meet your requirements,
or that the services will be uninterrupted, timely,
secure, or error free or that defects will be corrected.
Delona Associates LLC does not warrant, nor make
any representations regarding the use, or results
of, any of the services it provides, in terms of
their correctness, accuracy, reliability, or otherwise.
10. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless
Delona Associates LLC and its contractors, agents,
employees, officers, directors, shareholders, and
affiliates from any loss, liability, damages or expense,
including reasonable attorneys' fees, resulting from
any third party claim, action, proceeding or demand
related to Your (including Your agents affiliates,
or anyone using Your account with Delona Associates
LLC whether or not on Your behalf, and whether or
not with Your permission). This indemnification is
in addition to any indemnification required of You
elsewhere. Should Delona Associates LLC be notified
of a pending law suit, or receive notice of the filing
of a law suit, Delona Associates LLC may seek a written
confirmation from You concerning Your obligation
to indemnify Delona Associates LLC. Your failure
to provide such a confirmation may be considered
a breach of this agreement. You agree that Delona
Associates LLC shall have the right to participate
in the defense of any such claim through counsel
of its own choosing. You agree to notify Delona Associates
LLC of any such claim promptly in writing and to
allow Delona Associates LLC to control the proceedings.
You agree to cooperate fully with Delona Associates
LLC during such proceedings.
You agree to cooperate fully with Delona Associates
LLC during such proceedings. You agree You will not
be entitled to a refund of any fees paid to Delona
Associates LLC if, for any reason, Delona Associates
LLC takes corrective action with respect to Your
improper or illegal use of its services. You also
agree that if Delona Associates LLC is notified that
a complaint has been filed with a governmental, administrative
or judicial body, regarding your account with Delona
Associates LLC , that Delona Associates LLC , in
its sole discretion, may take whatever action Delona
Associates LLC deems necessary regarding further
modification, assignment of and/or control of your
account to comply with the actions or requirements
of the governmental, administrative or judicial body
until such time as the dispute is settled.
11. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the
State of Virginia. Except for disputes concerning
the user of a domain name registered with Delona
Associates LLC, You agree that the laws and judicial
decisions of Fairfax County, Virginia, shall be used
to determine the validity, construction, interpretation
and legal effect of this Agreement. You agree that
any action relating to or arising out of this Agreement
shall be brought in the courts of Fairfax County,
Virginia. For the adjudication of disputes concerning
the use of any domain name registered with Delona
Associates LLC, You agree to submit to jurisdiction
and venue in the U.S. District Court located in Fairfax
County Virginia.
You agree to waive the right to trial by jury in
any proceeding that takes place relating to or arising
out of this Agreement.
12. ENTIRE AGREEMENT.
You agree that this Agreement including the policies
and agreements it refers to (i.e. our Dispute Resolution
Policy, etc.) constitute the complete and only Agreement
between You and Delona Associates LLC regarding the
Services contemplated herein.
Delona Associates LLC will make every effort to keep
its Web site operational. However, certain technical
difficulties and other factors outside of its control
may, from time to time, result in temporary service
interruptions. You agree not to hold Delona Associates
LLC liable for any of the consequences of such interruptions.
If you have and questions, please contact us at:
Provider Support – Kiddie Care Link
Delona Associates
10560 Main Street, Suite 513
Fairfax VA 22030.
Local Phone: 703-218-0333
Toll Free: 1-866-960-0333
Fax: 703-218-1807
Email: support@kiddiecarelinkcom
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