Terms and Conditions of Use

1. Acceptance of Terms

By accessing or using DaycareInsider.com (“the Platform,” “we,” “us,” or “our”), you (“User,” “you”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must immediately cease using the Platform. These Terms apply to all visitors, contributors, and users of the Platform.

2. Description of Service

DaycareInsider.com is a community-driven information platform that enables parents and guardians to share firsthand experiences and tips related to childcare facility admissions and enrollment processes. The Platform operates on a give-to-get model: users contribute one original tip about a childcare facility in exchange for access to the broader community library of tips.

DaycareInsider.com is an interactive computer service as defined under 47 U.S.C. § 230 and acts as a distributor, not a publisher or speaker, of user-generated content. DaycareInsider.com is not affiliated with, endorsed by, or officially connected to any childcare facility, licensing body, or government agency. Content on the Platform represents the personal experiences and opinions of individual contributors and should not be construed as professional advice.

DaycareInsider.com does not verify the accuracy, completeness, or reliability of user-submitted tips. We expressly disclaim any responsibility for decisions made — including decisions related to childcare selection — based on content found on the Platform. You should independently verify any information before relying on it.

3. Eligibility

You must be at least 18 years of age to use this Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. User Contributions

4.1 Tip Submission Requirement

Access to the community tip library requires the submission and approval of one original, firsthand tip about a childcare facility. Tips must be based on your own direct experience as a parent, guardian, or prospective enrollee. Fabricated, plagiarized, or malicious tips are strictly prohibited. You acknowledge that submission of an approved tip constitutes the consideration for your access to the community library, and that no monetary refund, compensation, or substitute access is owed in connection with this exchange.

4.2 License to User Content

By submitting a tip or any other content to the Platform, you represent and warrant that you own or have the right to submit such content and that your submission does not infringe any third-party intellectual property, privacy, or other rights. Subject to the foregoing, you grant DaycareInsider.com a perpetual, non-exclusive, royalty-free, worldwide license to use, display, reproduce, distribute, modify, and sublicense that content in connection with the operation and promotion of the Platform. You also waive any moral rights in such content to the fullest extent permitted by applicable law.

4.3 Content Standards

All submitted content must:

• Be based on firsthand, personal experience
• Be accurate and honest to the best of your knowledge
• Not contain defamatory, harassing, threatening, or unlawful statements
• Not include personally identifiable information about specific staff members, children, or other individuals
• Not constitute commercial advertising or solicitation

We reserve the right to remove, modify, or reject any content at our sole discretion.

5. Prohibited Conduct

You agree not to engage in any of the following activities in connection with the Platform:

• Submitting false, misleading, or fraudulent content
• Impersonating any person or entity
• Attempting to gain unauthorized access to any portion of the Platform
• Using the Platform for any unlawful purpose
• Interfering with or disrupting the integrity or performance of the Platform
• Harvesting or collecting user information without express written consent
• Circumventing any access controls or tip-for-access mechanisms

6. Prohibition on Data Scraping and Automated Access

This section contains critical restrictions on the use of Platform data. You expressly agree to the following:

6.1 No Scraping or Automated Extraction

The scraping, crawling, spidering, or any other automated or programmatic extraction of data, content, or information from the Platform — whether through bots, scripts, browser automation tools, APIs not expressly provided by us, or any other method — is strictly prohibited without our express prior written consent.

6.2 No AI Training or Dataset Use

You may not use any content, data, tips, user interactions, metadata, or any other information obtained from the Platform to train, fine-tune, evaluate, or otherwise develop artificial intelligence models, machine learning systems, large language models, or similar technologies. This prohibition applies regardless of whether such use is commercial or non-commercial, and regardless of whether the data is obtained through manual or automated means.

6.3 No Aggregation or Redistribution

You may not aggregate, compile, repackage, resell, sublicense, or otherwise redistribute any data or content obtained from the Platform for any purpose without our express prior written consent.

6.4 Enforcement

Violation of this section may result in immediate termination of your access to the Platform, legal action, and pursuit of all available remedies including injunctive relief and damages. We actively monitor for unauthorized access and data extraction activity. Access to the Platform is conditioned on compliance with this section and unauthorized extraction may also constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable copyright law.

7. Intellectual Property

All content, features, functionality, design elements, trademarks, logos, and other materials on the Platform — excluding user-submitted content — are the exclusive property of DaycareInsider.com and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in such materials beyond the limited right to use the Platform as expressly permitted herein.

8. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Platform will be uninterrupted or error-free; (b) any content on the Platform is accurate, complete, or current; (c) the Platform is free of viruses or harmful components.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DAYCAREINSIDER.COM AND ITS OWNERS, OPERATORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless DaycareInsider.com and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Platform.

11. Termination

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including but not limited to your violation of these Terms. Upon termination, your right to use the Platform ceases immediately. Sections 4.2, 6, 7, 8, 9, 10, 12, 13, and 15 of these Terms shall survive termination.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at legal@daycareinsider.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

12.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Mecklenburg County, North Carolina, or via videoconference by mutual agreement.

12.3 Class Action Waiver

YOU AND DAYCAREINSIDER.COM EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Each party may bring claims only in its individual capacity.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or data scraping prohibitions under Section 6. Small claims court actions within the applicable jurisdictional limits are also excluded from mandatory arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 12, the parties consent to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the “Last Updated” date at the top of this document and, where practicable, by sending notice to the email address associated with your account. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.

15. General Provisions

15.1 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and DaycareInsider.com with respect to the Platform and supersede all prior agreements, understandings, and representations.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact

For questions about these Terms, please contact us at: legal@daycareinsider.com