Terms & Conditions
1. Acceptance of Terms of Service
2. Description of Services
The information and features included in this Website (the “Service”) is for informational purposes only and is subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. The Service may include advertisements for third party providers. You agree that at any time Child Care Alliance a.k.a. The Evolve Project may change the Service and that the Service is provided “AS-IS”. You further agree that Child Care Alliance a.k.a. The Evolve Project shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service or interruption in access to the Website.
3. Content Ownership
This Website and all of its contents, including but not limited to, directories, photographs, illustrations, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to Child Care Alliance a.k.a. The Evolve Project or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws. Nothing contained in this Terms of Service or on the Website should be construed as granting, by implication, or otherwise, any license or right to use any Material in any manner without the prior written consent of Child Care Alliance a.k.a. The Evolve Project or such third party that may own the Material or intellectual property displayed on the Website.
Any unauthorized copying, modification, publication, framing, posting, or other unauthorized use of the Material is prohibited. You agree not to use the Material for any unlawful purposes and not to violate Child Care Alliance a.k.a. The Evolve Project's rights or the rights of others. Child Care Alliance a.k.a. The Evolve Project takes its intellectual property rights very seriously and will aggressively enforce its rights to the fullest extent of the law.
4. Your Obligations
You agree that while using the Website, not to: post any content which is unlawful, threatening, abusive, defamatory, offensive, obscene, or otherwise objectionable in any way; engage in fraudulent misrepresentations; post any content which violates the intellectual property rights of another; engage in any activity that disrupts the Service or the Website in any way; or otherwise violate any state or federal law. You consent and agree that Child Care Alliance a.k.a. The Evolve Project may preserve and disclose your personally identifiable information as required by applicable laws, when necessary to protect our rights, enforce the Terms of Service, prevent fraud, and when required to comply with a judicial process, administrative process, court order, or other legal process served on our Website or Child Care Alliance a.k.a. The Evolve Project .
You agree that you will be solely responsible for any information that you post and you warrant and represent that the Content does not and will not infringe on any copyright or any other third party rights, nor violate any applicable law or regulation; and you have the right to and, in fact, do grant to Child Care Alliance a.k.a. The Evolve Project any and all necessary rights and licenses, including without limitation, all necessary copyright and other related rights to the Content, and the right to hyperlink to any web page links you provide, free and clear, without violating the rights of any person or entity, including any right to privacy or publicity.
Child Care Alliance a.k.a. The Evolve Project will determine your compliance with the Terms of Service in its sole discretion and its decision shall be final and binding. No waiver of any of the Terms of Service shall be of any force or effect unless made in writing and signed by a duly authorized board member of Child Care Alliance a.k.a. The Evolve Project. Child Care Alliance a.k.a. The Evolve Project reserves the right to modify or discontinue this Website and the Service, or any portion thereof without notice to you or any third party.
You, on behalf of yourself and each of your heirs, predecessors, successors, assigns and present and former parents, subsidiaries, related entities, affiliated and sister corporations, divisions, officers, owners, shareholders, employees, representatives and agents hereby fully, finally and forever agree to indemnify and hold harmless Child Care Alliance a.k.a. The Evolve Project.
Child Care Alliance a.k.a. The Evolve Project reserves the right to terminate this Terms of Service, with or without cause, with or without notice.
7. Third Parties
You agree that this Terms of Service is between you and Child Care Alliance a.k.a. The Evolve Project and shall not be construed to the benefit of any third party.
YOU AGREE THAT CHILD CARE ALLIANCE A.K.A. THE EVOLVE PROJECT PROVIDES THIS SERVICE “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. CHILD CARE ALLIANCE A.K.A. THE EVOLVE PROJECT, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. CHILD CARE ALLIANCE A.K.A. THE EVOLVE PROJECT, EMPLOYEES, REPRESENTATIVES, AND AGENTS MAKE NO WARRANTY AND SHALL NOT BE HELD LIABLE FOR ANY INTERRUPTION OF SERVICE, OR IF THE WEBSITE DOES NOT MEET YOUR REQUIREMENTS, IS UN-SECURE, OR RELIABLE, OR THE QUALITY OF ANY INFORMATION YOU ACCESS ON THIS WEBSITE; ANY SUCH INFORMATION IS ACCESSED AND DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS.
9. Limitations on Liability
YOU AGREE THAT IN NO EVENT SHALL CHILD CARE ALLIANCE A.K.A. THE EVOLVE PROJECT, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICE OR YOUR USE OF THE WEBSITE, EVEN IF CHILD CARE ALLIANCE A.K.A. THE EVOLVE PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Child Care Alliance a.k.a. The Evolve Projectservice mark (hereinafter the “Mark”) is the property of the Child Care Alliance a.k.a. The Evolve Project. You agree not to make any use of the Mark without the permission of Child Care Alliance a.k.a. The Evolve Project. Child Care Alliance a.k.a. The Evolve Project affords equal respect to the trademarks and other intellectual property rights of others. Therefore, if you believe that your intellectual property rights are being infringed in any way on the Website, pursuant to the Digital Millennium Copyright Act (hereinafter the “DMCA”) please notify the Company’s copyright agent at the following address:
If you believe that your work has been copied and posted using the Site in a way that constitutes copyright infringement, please provide our designated agent with a written communication containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located to permit us to locate the material;
- your address, telephone number, and email address;
- 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; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
c/o The Evolve Project
1120 Dickerson Pike Suite A
Nashville, TN. 37207
Child Care Alliance a.k.a. The Evolve Project reserves the right to change or modify this Terms of Service at any time without notice to you, with the changes becoming immediately after the modified Terms of Service has been posted. Child Care Alliance a.k.a. The Evolve Project may, at its sole discretion, provide you with notice via email or notification on the website, regarding changes to the Terms of Service.
12. Entire Agreement
This Terms of Service constitutes the entire agreement between you and Child Care Alliance a.k.a. The Evolve Project, and no oral or written representations, warranties or inducements have been made concerning this Terms of Service other than the representations, warranties and covenants contained and memorialized in this Terms of Service. You specifically agree that should a dispute arise under this Terms of Service requiring interpretation of the same, you will not refer to previous versions of the Terms of Service. Rather, the interpretation of the Terms of Service shall be based only in the current language, terms, and conditions set forth herein.
This Terms of Service shall be governed by and construed in accordance with the substantive laws of the State of Tennessee. All disputes arising under, out of, or in any way connected with the Terms of Service shall be litigated exclusively in the state and federal courts residing in Tennessee. In any such action, you agree to submit to the subject matter jurisdiction of such courts, and waive any objections to venue for such courts.
14. Waiver and Severability
The provisions of this Terms of Service are severable, and in the event that any provisions of this Terms of Service shall be determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.