Terms of Use

1. Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Discover Magical Moments Daycare encourages you to print a copy of this Agreement for your records. The materials contained in this website are protected by applicable copyright and trademark law.

Discover Magical Moments Daycare’s Privacy Policy describes how Discover Magical Moments Daycare may use your personal information. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to personal information being used as described in the Privacy Policy, please do not use or access the website.

By using the website, you represent and warrant that you have sufficient authorization to use the computer, mobile device, technology or other device you use to access the website. You represent and warrant that you have the authority to submit any data or information to Discover Magical Moments Daycare and to allow Discover Magical Moments Daycare to access and use any such data or information and you agree to indemnify and hold Discover Magical Moments Daycare harmless for any claim challenging such authority.

2. Use License & Ownership

Permission is granted to temporarily download one copy of the materials (information or software) on Discover Magical Moments Daycare’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials;
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on Discover Magical Moments Daycare’s website;
• Take any action to contest Discover Magical Moments Daycare’s intellectual property rights or infringe them in any way;
• Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the materials in any way;
• Access or use the materials for purposes of competitive analysis of the materials, the website, or of any part of Discover Magical Moments Daycare;
• Remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Discover Magical Moments Daycare at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Discover Magical Moments Daycare shall own and retain all right, title and interest in and to (i) the materials, all improvements, enhancements or modifications thereto, (ii) any software, applications, inventions or other technology developed in connection with the materials, (iii) any suggestions, ideas, enhancements requests, feedback, recommendations, customer testimonials or other information provide by you relating to the materials or the website (collectively, “Feedback”), (iv) the data, documents, and information provided by you to Discover Magical Moments Daycare to enable the provision of its materials, website, or other services (collectively, the “Data”), (v) text, photographs, graphics, and other material provided on the website or materials that are protected by copyright, trademark, or other proprietary rights of Discover Magical Moments Daycare, and (vi) all intellectual property rights related to any of the foregoing. You hereby assign all right, title, and interest in and to the Feedback and the Data to Discover Magical Moments Daycare.

3. Disclaimer

The materials on Discover Magical Moments Daycare’s website are provided “as is”. Discover Magical Moments Daycare makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Discover Magical Moments does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

DISCOVER MAGICAL MOMENTS DAYCARE AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE, THE WEBSITE, SERVICES, SOFTWARE, OR MATERIALS, OR OTHERWISE ARISING OUT OF THIS AGREEMENT. YOU SHALL NOT BE ENTITLED TO DAMAGES BASED ON LOSS OF PROFIT, LOSS OR INTERRUPTION OF DATA OR COMPUTER TIME, ALTERATION OR ERRONEOUS TRANSMISSION OF DATA, EVEN IF DISCOVER MAGICAL MOMENTS DAYCARE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OR FORESEEN SUCH POSSIBILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, DISCOVER MAGICAL MOMENTS DAYCARE AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES TOTAL LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES (WHETHER BASED ON TORT, CONTRACT, OR ANY OTHER THEORY) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO DISCOVER MAGICAL MOMENTS DAYCARE UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

5. Revisions and errata

The materials appearing on Discover Magical Moments Daycare’s website could include technical, typographical, or photographic errors. Discover Magical Moments Daycare does not warrant that any of the materials on its website are accurate, complete, or current. Discover Magical Moments Daycare may make changes to the materials contained on its website at any time without notice. Discover Magical Moments Daycare does not, however, make any commitment to update the materials.

6. Links

Discover Magical Moments Daycare has not reviewed all the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Discover Magical Moments Daycare of the site. Use of any such linked website is at the user’s own risk.

7. Site terms of use modifications

Discover Magical Moments Daycare may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Discover Magical Moments Daycare reserves the right, in its sole discretion, to restrict, change, suspend, or terminate access to all or any part of the website, including the availability of any feature, database, information, or content, at any time and without prior notice or liability.

8. Indemnity

(a) Discover Magical Moments Daycare Indemnification. Discover Magical Moments Daycare shall defend, indemnify and hold you harmless from and against any and all claims, suits, damages, liabilities, costs and expenses to the extent arising out of any claim that your use of the website infringes a United States patent, copyright, or trademark or misappropriates a trade secret of any third party, provided Discover Magical Moments Daycare is promptly notified of any and all threats, claims and proceedings related thereto. In the event that the use of the materials or the website, or any portion thereof, becomes the subject of a claim of infringement or misappropriation, Discover Magical Moments Daycare may (i) procure for you the right to continue using the website or materials, (ii) replace or modify the infringing portion of the website or materials, or (iii) terminate this Agreement. The foregoing obligations of Discover Magical Moments Daycare do not apply with respect to the materials which are modified by you. THE FOREGOING STATES DISCOVER MAGICAL MOMENTS DAYCARE’S ENTIRE LIABILITY WITH RESPECT TO CLAIMS OF INFRINGEMENT BY THE SERVICES.

(b) Your Indemnification. You shall defend, indemnify and hold Discover Magical Moments Daycare and its officers, directors, shareholders, employees, contractors, agents and representatives harmless from and against any and all claims, suits, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or resulting from (i) violation of this Agreement or law, or (ii) your use of the materials or the website.

9. Force Majeure

None of the parties in this Agreement will be liable for failure to properly conduct services outlined herein in the event of war, accident, riot, sabotage, fire, flood, epidemic, power outage, labor dispute, act of God, act of public enemy, malfunction or inappropriate design of hardware or software, failure of the Internet, utility power failure, products or services controlled by any third party, or any other cause beyond such party’s control.

10. Notice

Any notice, report, approval or consent required or permitted hereunder shall be delivered in writing, or mailed by registered or certified US mail, postage prepaid or reputable overnight carrier (e.g. Federal Express) to the address for Discover Magical Moments Daycare set forth below and to the address for you associated with your account, or such other address as a party may designate by ten (10) days written notice delivered in accordance with this Section and shall be deemed given upon receipt.

If to Discover Magical Moments Daycare: 2790 Commerce Drive NW, Rochester, MN 55901

11. Governing Law

Any claim relating to Discover Magical Moments Daycare’s website shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.