Please read this Terms and Service Agreement("Agreement") carefully before using the CHILDCAREFORMS website (the "Service") operated by CRM WEB SOLUTIONS, LLC, a Delaware limited liability company with offices at 1901 central drive, bedford, tx 76021.
You are here because an Organization has directed you here and has asked you to fill out some documents (you are an "End-User"), or you may be associated with the Organization and are using the Service (you are an "Organization User").
This Terms of Service Agreement applies in part to End-Users, and in total to Organization Users. Sections that are applicable to Organization Users only are marked as such.
If you do not agree to these Terms of Service, you may not access or use the Service.
You understand and agree that the Service will likely change over time and so will this Agreement.
Privacy and Data Protection
Ownership and Control of Data
You understand and agree that you are responsible for the data that you enter into the Service.
You agree to maintain, to the maximum reasonable extent, the security and confidentiality of the usernames and passwords used to access the Service. You agree to immediately notify CRM Web Solutions, LLC of any unauthorized use of your usernames and passwords or any other breach of security.
You agree you will assist CRM Web Solutions, LLC in bringing any open trouble or help tickets to a close including notifying CRM Web Solutions, LLC when any open issue is resolved.
You agree that you shall not perform any of the following:
license, sublicense, sell, resell, rent, lease, repurpose, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Agreement
use the Service in any unlawful manner
use the Service in any manner that interferes with or disrupts the integrity, security or performance of the Service or other users of the Service
Links To Other Web Sites
The Service may contain links to third party web sites or services that are not owned or controlled by CRM Web Solutions, LLC. The links are created at the request of the Organization to facilitate data transfer from the Service to other services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Payments – applicable to Organization Users
For paid plans, you will be billed on an annual cycle coinciding with the day of the month that your service was started. There are no refunds or credits for months unused.
Canceling Your Account – applicable to Organization Users
You may cancel your account at any time.
ONCE CANCELLED, YOUR DATA WILL BE MAINTAINED FOR 60 DAYS, AFTER WHICH IT WILL BE PERMANENTLY ERASED. YOU CAN ACCESS THE DATA DURING THIS TIME BY RESUBSCRIBING. IN THE EVENT YOU WANT YOUR DATA DELETED RIGHT AWAY, YOU MUST SEND US AN EMAIL AFTER YOU CANCEL YOUR ACCOUNT REQUESTING THAT ALL DATA BE DELETED. THE EMAIL MUST COME FROM THE SAME ADDRESS USED TO CREATE THE ACCOUNT
Export Compliance – applicable to Organization Users
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
You agree to indemnify CRM Web Solutions, LLC , its affiliates, subcontractors, service providers, officers and heirs against all claims, costs, damage and loss of any kind and for any reason arising from your breach of any of these terms or any obligation you may have to CRM Web Solutions, LLC .
You understand and acknowledge the following:
If you are using the Service on behalf or for the benefit of an Organization we are assuming that you have the right to do so and that Organization will be liable for your actions, omissions, payments and any breach of these terms
The Service is offered on an As-Is basis
CRM Web Solutions, LLC does not warrant the Service to be free from defect or errors or available on an uninterrupted and timely basis.
No advise or service provided by CRM Web Solutions, LLC creates any warranty not expressly stated in the Terms
DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND CRM Web Solutions, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL CRM Web Solutions, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, CRM Web Solutions, LLC SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS WHICHEVER IS LESSER. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
IF YOU ARE AN ACCOUNT HOLDER/ADMINISTRATOR AND YOU ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS IN ACCORDANCE WITH “CANCELING YOUR ACCOUNT” CLAUSE ABOVE. IF YOU ARE AN END-USER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE AN RECEIVE YOUR DATA AND CONFIRMATION THAT YOUR DATA HAS BEEN DELETED FROM THE SERVICE.
Interrupting or Terminating
CRM Web Solutions, LLC reserves the following rights:
To modify or discontinue, temporarily or permanently, the Service (or any part thereof)
To refuse any and all current and future use by you of the Service
To suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if CRM Web Solutions, LLC believes that you have violated this Agreement.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. CRM Web Solutions, LLC shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
ChildCareForms, and CRM Web Solutions, LLC various logos used or displayed on the Service are marks of CRM Web Solutions, LLC and you may only use these marks or logos for promotional purposes to identify yourself as a customer or user of the CRM Web Solutions, LLC products and services, provided you do not attempt to claim ownership of the marks or logos by incorporating any of them within your names or offerings.
CRM Web Solutions, LLC may assign or transfer this Agreement, in whole or in part, without restriction.
There Terms shall be governed by the laws of the United States, State of Delaware, without regard to the principles of conflicts of law.
In the event that any provision of this Agreement is found to be unenforceable under applicable law, the parties agree to replace such provision with a substitute provision that most nearly reflects the original intentions of the parties and is enforceable under applicable law, and the remainder of this Agreement shall continue in full force and effect.
The failure of CRM Web Solutions, LLC to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right.
You acknowledge that this Agreement IS a contract between you and CRM Web Solutions, LLC , even though it is electronic and is not physically signed by you and CRM Web Solutions, LLC , and it governs your use of the Service and takes the place of any prior agree