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Terms of use

1. My kid support

Mykidsupport.com is an online service that displays listings of educational support specialists (which includes but is not limited to tutors) that the specialists provide as well as member-driven discussion forums, endorsements, links, educational products and articles, and member endorsements of educational support specialists. The Site is designed to provide users with information to help them support children's education. The information is to be used for informational purposes only. Some information contained on the Site may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. My Kid Support does not guarantee the accuracy or completeness of any information on the Web site. As such, My Kid Support will not be responsible for any errors, inaccuracies, omissions or deficiencies in the information provided on the Web site.

Users are people who use, visit or contribute content to www.mykidsupport.com. Content means any work of authorship including member profiles, information contained in listings of Educational Support Specialists (including tutors), comments, recommendations, endorsements, postings, messages, or other materials posted on or transmitted through mykidsupport.com.

2. Registration and listing information

As a condition of your use of this web site, you agree to provide mykidsupport.com with true, accurate, current and complete information as prompted by the site's registration and listing forms.

3. Minimum age

You must be 18 years old to use or register for this Site.

4. Privacy policy

My Kid Support has established a privacy policy to explain to you, and other users, how your personal information is collected and used. As a condition of your use of this Site, you agree to adhere to, and accept, the terms of the privacy policy located here.

5. Account security

When you register, mykidsupport.com will assign you a user ID and a password. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.

6. Limited license

By agreeing to the terms and conditions of this agreement, My Kid Support grants you a limited license to access and use the Site.

7. Submission of educational support listing

If you are an educational support specialist, such as a tutor, and you submit your information for inclusion in the directory on the Site, you acknowledge and agree that the information you provide for the listing is at your discretion and that you will provide the Site with true, accurate, and current information and that you have the legal authority to disclose such information and experience.

8. Submission of endorsements
In order for you to submit endorsements of educational support providers, such as tutors, to the Site, you acknowledge and agree that:
(a) your endorsement will be based upon you and/or your child's actual first-hand experiences with the educational support specialists.
(b) your endorsement of the Educational Support Specialists is accurate, truthful and complete in all respects.
(c) You will not submit more than one (1) endorsement for a single educational support specialist.
9. Third-party sites

The Site may contain links to third-party Web sites. My Kid Support provides these links solely to assist users in locating other Internet resources that may be of interest to them and you assume sole responsibility and risk for your use of links to third-party Web sites. My Kid Support does not operate or control in any respect any information, content, products or services on such third-party Web sites. My Kid Support does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party Web sites. No reference or link to a third party or a third-party site shall constitute an endorsement of such third party or such third-party site.

10. Content license

Although mykidsupport.com does not claim ownership of any of the endorsements, communications, information, data, text or other materials you give us, by providing content for the Site you automatically grant, represent and warrant that you have the right to grant, to the Site an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such content. In addition, by providing the Site with content, you automatically grant My Kid Support all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the content on our Site by any other party.

11. Publication and distribution of content

My Kid Support does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Web Site. You acknowledge that My Kid Support simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content and for the publication and distribution of any content posted by educational support specialists and users of the service. You understand that all content and educational support information posted on, transmitted through or linked through mykidsupport.com, are the sole responsibility of the person from whom the content originated. You understand that My Kid Support does not control, and is not responsible for content made available through the Site, and that by using the Site, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content on the Site.

You further acknowledge that My Kid Support has no obligation to screen, preview, monitor or approve any content or Educational Support Specialist, or content posted or submitted by any other Site user or specialist. And, mykidsupport.com reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this agreement. By using the Site, you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Site. Under no circumstances will My Kid Support be liable in any way for any content including, but not limited to, any content or Educational Support Specialist (such as a tutor) content that contains any errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against My Kid Support relating to content or to an Educational Support Specialist listed, and release My Kid Support from any and all liability for or relating to any content or Educational Support Specialist listed.

12. Service providers

My Kid Support does not endorse and is not responsible or liable for any content, opinions, data, advertising, products, goods or services available or unavailable from, or through, any Educational Support Specialist or any other user of the Site. You agree that should you use or rely on such content, opinions, data, advertisement, products, goods or services, available or unavailable from, or through any Educational Support Specialist or other user of the site, My Kid Support is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Educational Support Specialist or Site user, and any other terms, conditions, representations or warranties associated with such dealings, are between you and the Educational Support Specialist or Site user exclusively and do not involve My Kid Support LLC. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging an Educational Support Specialist.

You agree that My Kid Support is not responsible for the accessibility or unavailability of any Educational Support Specialist or for your interactions and dealings with them. You also waive the right to bring or assert any claim against My Kid Support relating to any interactions or dealings with any Educational Support Specialist, and release My Kid Support from any and all liability for or relating to any interactions or dealings with Educational Support Specialists.

13. Your conduct
In connection with your use of this Site, you represent and warrant that you:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any endorsements or content to the Site that may be considered by My Kid Support to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable.
(d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity.
(e) will not submit content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;
(f) will not attempt to gain unauthorized access to the Site, other user accounts, or other computer systems or networks connected to the Service;
(l) will not use the Site in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(m) will not use the Site in any way that could interfere with the rights of My Kid Support or the rights of other users of the Site;
(n) have sufficient rights in and to all content that you provide, transmit or otherwise convey to My Kid Support;
(o) agree not to re-sell or assign your rights or obligations under this Agreement;

In addition, My Kid Support retains the right, in its sole discretion, to determine whether or not your use of the Site is consistent with the terms and conditions of this Agreement. My Kid Support may suspend, restrict or terminate your use of the Site and to refuse any future use of all or portions of the Site if your use breaches or fails to comply with any of the terms and conditions of this Agreement.

14. Sale of business

As My Kid Support continues to develop its business, it might sell or buy other companies or assets or be acquired or have some or all of its assets acquired by a third party. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

15. Term and termination

My Kid Suppot may, at its sole discretion, immediately terminate this Agreement, your account and your access to the Service.

You also may deactivate your membership at any time, for any reason, by notifying My Kid Support.

My Kid Support has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the site, without notice and for any reason.

Upon deactivating your account, these Terms terminates and your access rights to mykidsupport.com will immediately cease to exist. My Kid Support is not responsible for deleting content on your behalf.

16. Modification of terms and conditions

My Kid Support maintains the right to modify and restate the terms and conditions of this Agreement. You are responsible for reviewing these terms and conditions regularly to ensure you still may abide those terms. If you do not abide by the new terms and conditions, you must cease your membership.

17. Modification, limitation and discontinuance of service

My Kid Support reserves the right at any time to limit access to, modify, change or discontinue the Site without notice and we shall not be liable to you for any such modification, suspension or discontinuance of the service. You agree that My Kid Support will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site. You agree that My Kid Support has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

18. Disclaimer of warranties

YOUR USE OF WWW.MYKIDSUPPORT.COM, AND ALL OF ITS CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY KID SUPPORT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. MY KID SUPPORT DOES MAKES NO WARRANTY THAT THE THE SITE, OR ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

19. Indemnity
You agree to indemnify, defend, and hold harmless My Kid Support, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
(a) any content you submit, post, transmit, or make available through mykidsupport.com;
(b) your use or misuse of mykidsupport.com;
(c) your connection to mykidsupport.com;
(d) your violation of these Terms; or
(e) your violation of any rights (including intellectual property rights) of a third party.
20. Limitataion of liability

YOU AGREE THAT MY KID SUPPORT SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MY KID SUPPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE MYKIDSUPPORT.COM OR ANY CONTENT, (ii) THE USE OF SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE OR ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS), (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) ON MYKIDSUPPORT.COM OR ANY CONTENT; OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS. If your are dissatisfied with any of the Web site's material or services, or with any of the Web site's terms and conditions, your sole and exclusive remedy is to discontinue using the Web site.

21. Entire agreement

This Agreement governs your use of the Service and constitutes the entire agreement between you and My Kid Support. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and My Kid Support regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to My Kid Support under this Agreement.

22. Governing law

This Agreement and the relationship between you and My Kid Support will be governed by the laws of the State of Massachusetts, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Massachusetts and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that My Kid Support may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

23. Miscellaneous

This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angie's List's rights if Angie's List fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Angie's List agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Angie's List as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Pamela Duncan Waltham, MA-based private educational therapy practice for more than 20 years

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