Crème de la Crème, Inc.
Internet Site Terms and Conditions of Use
Welcome to the Crème de la Crème, Inc., Internet site (the “Site”). The Site is owned and operated by Crème de la Crème, Inc. (“Crème”). This page contains the CRÈME Internet Site Terms and Conditions of Use (these “Terms & Conditions”). The Site is made available only to those who agree to these Terms & Conditions. As such, these Terms & Conditions govern and control your access to and use of the Site and by accessing and using the Site you are agreeing to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you are not authorized to use the Site. CRÈME may change these Terms & Conditions from time to time, without notice to you, by posting such changes on the Site. By using the Site following any such change, you agree to be bound by these Terms & Conditions as they may have been changed.
1. The Site and CRÈME’s Business. CRÈME and its subsidiary, affiliate and related entities ("Affiliates"), operates early learning centers throughout the United States (each a “School”). Access to portions of this Site may be limited to the clients of CRÈME who have been provided with necessary password and log-on information by CRÈME.
2. Proprietary Rights; Compliance with Laws. CRÈME owns all right, title and interest including, without limitation, all intellectual property rights (including all copyrights, patents and trademarks), proprietary rights (including trade secrets), and moral rights (including the rights of authorship and attribution), throughout the world in and to the Site including all the content, code, data, materials and the look, feel, design and organization of the Site. Unless otherwise specifically indicated, no information on the Site may be copied, reproduced, distributed, re-published, downloaded, displayed, posted, or transmitted in any form by any means, including electronically (including through use of so-called “scraping” technologies), mechanically, by photocopying, recording or otherwise without the prior written consent of CRÈME. No trademark, service marks or logo on the Site may be used for any purpose without the prior written consent of CRÈME (or the third party owner thereof through CRÈME). Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.
3. No Offer. Nothing on this Site constitutes or shall be deemed to constitute an offer for enrollment. You can only enroll your child at CRÈME at a physical location.
5. Your Account and Password. If you are required to establish or use an account on the Site and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify CRÈME of any unauthorized use of your password or account or any other breach of the Site’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify CRÈME if you desire to cancel your account on the Site. CRÈME will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
6. Prohibited Conduct. The Site may not be used in any manner that is unlawful or harmful to the rights of CRÈME or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by CRÈME under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to: (a) retrieve, alter, or destroy data on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (c) interfere with or disrupt the Site or the business, operations or services of CRÈME; (d) interfere with or disrupt any computer, host, network, or telecommunications device maintained by CRÈME or any of their third party suppliers; (e) interfere with or disrupt the legitimate use of the Site by any person; (f) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (g) violate the privacy rights of any party under applicable law or regulation; (h) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of CRÈME or any Authorized User or any of their third party suppliers; (i) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages even if previously solicited by the intended recipient; and (j) copy (whether directly or by use of any “scraping” or related technology) any of the contents of the Site.
7. Copyright Infringement: Termination, Notice and Takedown Policy. CRÈME respects the rights of copyright holders and has adopted and takes all reasonable measures to implement the policies prescribed by the Digital Millennium Copyright Act of 1998 under United States law including its so-called “notice and take-down” procedures. CRÈME will further terminate, if commercially practicable and reasonable, Site access by any employee of CRÈME or any otherwise valid subscriber or account holder who infringes the rights of copyright holders. The contact information for CRÈME's Copyright Agent for notice of claims of copyright infringement on or regarding the Site is set forth below. If you believe your copyright rights have been violated by any contents of the Site you should follow the procedures of the DMCA by contacting CRÈME’s Copyright Agent:
Crème de la Crème, Inc.
8400 East Prentice Ave., Suite 1320
Greenwood Village, CO 80111
8. Links. The Site may include links to other Internet sites over which CRÈME has no control. These links are provided solely as a convenience to users of the Site. You acknowledge and agree that CRÈME is not responsible for the availability of the sites intended to be located at such links, and that CRÈME does not endorse (and is not responsible or liable for) any such linked sites including their content, advertising, products, or other materials. You further acknowledge and agree that, under no circumstances, will CRÈME be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Internet site (regardless of whether the Site is directly or indirectly linked to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Internet site to that Internet site's administrator or webmaster.
9. DISCLAIMER OF WARRANTIES. THE SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CRÈME MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT THE SITE WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRÈME THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
10. Indemnification & Limitation of Liability. You agree to defend, indemnify and hold CRÈME and each of its Affiliates, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the “CRÈME Parties”), harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or your breach or violation of the law or of these Terms & Conditions. You agree that the CRÈME Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the CRÈME Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE CRÈME PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE CRÈME PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
11. Applicable Laws. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Colorado without regard to principles of conflicts of laws. All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in the state of Colorado and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. CRÈME does not represent that materials on the Site are appropriate or available for use in all locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
12. General. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. These Terms & Conditions constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.