Welcome to the Yocura! We are a childcare provider marketplace that connects families with highly-rated and vetted childcare providers. The service is on-demand and available only where childcare providers have been qualified by Yocura, Inc. to perform such services.
Before using Yocura, please take some time to carefully read our Terms of Service below (“Terms,” Terms of Service,” or “Agreement”). The Terms below constitutes a binding contract between you and Yocura.
PLEASE NOTE THAT THESE TERMS INCLUDE A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES, A DISCLAIMER OF LIABILITY, AS WELL AS AN INDEMNIFICATION BY YOU. THE TERMS ALSO INCLUDE INSTRUCTION ON HOW YOU MAY OPT-OUT OF THE ARBITRATION PROVISIONS. A REQUEST TO OPT-OUT OF THE ARBITRATION PROVISIONS MUST BE FILED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME.
- Acceptance of Terms
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You represent and warrant to Yocura that: (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information, and (iii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (iv) will not violate any rights of Yocura, including intellectual property rights such as copyright or trademark rights; and (v) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
- Yocura Services
Services and Client Description
Yocura’s goal is to match you with vetted qualified childcare professionals that fit your family’s needs. Through our Services, you are able match with childcare professionals, schedule services, and ensure that your child is receiving quality care. There are many benefits in using Yocura, including:
- The Services Are Provided by Qualified Professionals: All of the childcare professionals on Yocura are reliable local childcare professionals (each “Childcare Professional”). Each Childcare Professional on Yocura has been interviewed by Yocura and has had a background check performed. Additionally, we verify all licenses claimed by Childcare Professionals.
- Save Time: Yocura automatically matches you with qualified Childcare Professionals based on your preferences and needs so all you need to do is choose and book!
- Quick Appointment Verification: As soon as the User and Childcare Professional accept the a Scheduling Order, each receives instant notifications!
- Quick access to your history: If you sign up for a Yocura account, you can access a full history of your previous services so that you can reschedule with the same Childcare Professional.
- Backup Plans!: If for any reason your selected Childcare Professional is unavailable, Yocura will recommend a list of Childcare Professionals with similar capabilities and availability.
Creating Your Yocura Account – Registration and Eligibility
You may view Content (as further defined below) on the Services without registering for an Account, but as a condition of using certain aspects of the Services, including scheduling a Childcare Provider (“Service Order”), you are required to download the Yocura App and create an Account by submitting your name, address, phone number, email address (“User ID”), and password. Via the App, you will be able to set your preferences, book Service Orders, communicate with your Childcare Professional after booking, manage your account, and receive notifications on the arrival time of the Childcare Professional.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. Yocura reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.
When creating an account, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.
You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Services. You shall never use another User Account without the other User’s express permission. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to email@example.com immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own.
Yocura cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an Account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
Using the Yocura Services
Your Responsibilities: If you book a Scheduling Order, you agree that: (a) you have the right to grant the Childcare Professional access to the premises to perform the Services; and (b) you will have a representative who is 18 years or older present to confirm the Service Order when the Childcare Profession arrives, who is authorized to approve the Service Order and agree to these Terms of Service. You are responsible for informing your Childcare Professional regarding any special needs of your child including, but not limited to, any healthcare needs or allergies.
Surge Pricing, Cancellation Fees, and Late/No-Show Policies
Surge Pricing: We understand that sometimes you may be running late at the end of a Scheduling Order, in those cases, you may extend the booking duration up to 30 minutes without paying any surge pricing and you will only pay the applicable rate for the extended time. We also value the time of your Childcare Professionals and that they need to be compensated for changes in plans. In the situations where you have to extend a Scheduling Order beyond 30 minutes of the scheduled time, you may be charged 1.5x the bid rate for any additional time. If we have to implement surge pricing for an extended scheduling order, we will use reasonable efforts to inform you of any surge pricing multipliers in effect at the time of your extension.
Cancelling your Service Order: Yocura Users may elect to cancel requests for Scheduling Orders that have been accepted up to two hours prior to the start of any assignment without incurring any financial liability. If the User cancels an accepted request for a Scheduling Order between 1-2 hours prior to the start time of the Scheduling Order, the User will be charged a $5.00 cancellation fee. If the User cancels an accepted request for a Scheduling Order between 0-1 hour prior to the start time of the Scheduling Order, the User will be charged a $10.00 cancellation fee. If the Yocura User cancels after the Childcare Professional arrives, the User will be charged for two (2) hours at the applicable quoted hourly rate or the rate for the total hours worked, whichever is greater.
Late Arrival or No-show of Childcare Professional: If your Childcare Professional is more than 10 minutes late or does not arrive for your Scheduling Order, please let us know immediately by contacting us at firstname.lastname@example.org. If a Childcare Professional is over 10 minutes late, you will only pay 50% of the hourly rate for that first hour. If a Childcare Professional does not show for a Scheduling Order, you will not be charged for that Scheduling Order.
It is our goal that you are completely satisfied with Yocura’s service and the services of the Childcare Professionals. If there are any issues with a Scheduling Order, we want to know about it. Please send any questions or complaints to email@example.com.
Promotional Discounts and Incentives
From time to time, Yocura may provide you with promotional discounts – for example, as an incentive to use Yocura’s Services, to establish a Yocura Account or to refer others to sign up with Yocura. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of one (1) year from the date of issue.
Modifications to Service
Yocura reserves the right to modify, suspend, or discontinue the Site or Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Yocura shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. Yocura may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
- Fees and Billing
Creating a Yocura account is free. However, we do charge fees for certain services. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged. If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the App or by email.
To pay for a Service Order, you must provide Yocura with the information necessary to process such order including your billing address and payment method. You agree to pay Yocura the charges incurred in accordance with these Terms and applicable Service Orders. If you dispute any charges, you must inform Yocura in writing within thirty (30) of being billed by Yocura.
All payments through Yocura will be processed by Braintree. For information regarding Braintree Terms and Conditions please see https://www.braintreepayments.com/legal.
Authorization to Charge Your Account
By creating an account and submitting your payment information to Yocura, you authorize Yocura to store your payment information and to charge the billing source you have provided for your account according to the Services you selected until your account is terminated.
If you fail to pay your Order fees on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire Account may be suspended or cancelled. Even after your Account is suspended or cancelled, you will still have access to the Site, and you will be able to access your account information to restore your access to the Services by providing a proper billing source. After your Account is terminated, we will keep your current account settings on file for 90 days. After that time, Yocura reserves the right to remove such settings from our servers with NO liability or notice to you.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Yocura based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
- Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
- You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
- You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by the Terms;
- You shall not use the Services to Submit Content, or use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
- You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
- You shall not attempt to use any method to gain unauthorized access to any paid features of the Services;
- You shall not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
- You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Yocura or any third party; or that impersonates any person or entity, including any employee or representative of Yocura. Additionally, you shall not take any action that imposes or may impose (as determined by Yocura in its sole discretion) an unreasonable or disproportionately large load on Yocura’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Yocura may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
If for any reason Yocura determines that you have failed to follow these rules, we reserve the right to terminate or suspend your Account, and prohibit any and all current or future use of the Site (or any portion thereof) and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
Yocura may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
- Termination of Usage
You may cancel your Account at any time by sending us an email at support@Yocura.com; however, unless Yocura is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your Account without notice or refund to you if you violate this Agreement. If your account is cancelled, Yocura reserves the right to remove your Account information along with any Account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions).
You acknowledge and understand that these Terms survive termination of your Account, including our rights regarding any content you submitted to the website before your Account was terminated. Following termination of your Account, however, your license to use Yocura’s Content automatically terminates, and Yocura has no obligation to provide you with use of the Site. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Third-Party Sites
The Services contain features that enable various third-party services (such as Facebook) to be integrated into your Yocura account. To access these features, you will be required to register for or log into such third-party Services on their respective websites or provide information through the Services for us to do so. By enabling third party services within the Services, you are allowing Yocura to use your log-in information to access these third-party services for this purpose. The Services may also permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services.
The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with Yocura. Your dealings with third parties are solely between you and such third parties. You agree that Yocura will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Yocura expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Yocura shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
- Yocura Intellectual Property and User Content
Through the Site, App, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Service (collectively, “Users”) may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. Yocura shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site or on Yocura’s social media pages (collectively, “Feedback”) and it may share with any of its affiliates. Yocura will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, Yocura will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Yocura, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
To the extent that you decide to post any content (“User Content”), including Feedback, on the Services or on Yocura’s social media pages, you agree not to, and shall not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Yocura all of the license rights granted herein. Yocura may refuse to accept or transmit User Content. Additionally, Yocura shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
We reserve the right to remove any Feedback, including any unfavorable feedback. If you are a present or former employee, an employer, an immediate family member, or if you have any relationship to the Childcare Professional beyond that of a consumer, and you post Feedback about the Childcare Professional, you agree to fully disclose your affiliation with the Childcare Professional in any Feedback you post on the Services. If you received any consideration of any kind from a Childcare Professional for posting Feedback on the Services, you will fully disclose this in the review.
Other than Feedback, as between us and you, you agree that you own, or have obtained the right to post, all of the content and information that you post or share on the Site. By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sublicensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote Yocura and the Services. We may exercise our rights anywhere in the world.
You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- Claims of Copyright Infringement
Yocura complies with the Digital Millennium Copyright Act (DMCA). Yocura will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Yocura’s Copyright Agent by email at support@Yocura.com or by mail to Yocura Inc., ATTN: Copyright, 310 Foreman Drive, Euless, Texas, 76039. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, sufficient for Yocura to locate the material; your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, Yocura has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Yocura also may terminate User accounts even based on a single infringement.
- Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOCURA AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “YOCURA”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. YOCURA MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOCURA ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): YOCURA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Yocura will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Yocura equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
- Assumption of Risk and Limitation of Liability
Assumption of Risk
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Services. You agree to take all necessary precautions when interacting with other site visitors, Users, or Childcare Professionals.
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL YOCURA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, YOCURA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOCURA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Dispute Resolution and Arbitration
It is Yocura’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that Yocura has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Yocura is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Yocura, you acknowledge and agree that you will first give Yocura an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: legal@Yocura.com or by mail to ATTN: Yocura 310 Foreman Drive, Euless, Texas, 76039.
You then agree to negotiate with Yocura in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Yocura’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Mutual Agreement to Arbitrate
Agreement to Arbitrate
YOU AND YOCURA AGREE THAT WE WILL RESOLVE ANY CLAIM OR CONTROVERSY AT LAW OR EQUITY THAT ARISES OUT OF OR RELATES TO THESE TERMS OR THE SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(is). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under these Terms of Service shall be conducted by the rules and procedures of the American Arbitration Association (the “AAA”). The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The party requesting relief may choose to resolve the dispute through binding non-appearance based arbitration in which the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions. The arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties.
To commence an arbitration against Yocura, you must complete a short form, submit it to the AAA, and send a copy to Yocura at 310 Foreman Drive, Euless, Texas, 76039. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall take place in the state and county in which the Service was performed.
Costs of Arbitration
Regardless of the size of the claim, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Yocura will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Yocura will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Yocura for all fees associated with the arbitration paid by Yocura on your behalf that you otherwise would be obligated to pay under the AAA’s rules. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Yocura Users or Childcare Providers, but is bound by rulings in prior arbitrations involving the same Yocura User or Childcare Provider to the extent required by applicable law.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator will be strictly confidential for the benefit of all parties.
Prohibition of Class and Representative Action and Non-Individualized Relief
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
Waiver of Trial
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE BOTH UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES WE ARE GIVING UP ANY RIGHT THAT WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site, App, the Services, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
Arbitration Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Yocura Users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Yocura Attn: Arbitration Opt-Out 310 Foreman Drive, Euless, Texas, 76039. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to your Yocura account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to the Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any material changes to this Arbitration Agreement in the future, that change shall not apply to any claim that was filed in a legal proceeding against Yocura prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Services, and shall not be effective as to any claim that was filed in a legal proceeding against Yocura prior to the effective date of removal.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Yocura’s prior written consent. Any assignment in violation of this section shall be null and void. Yocura may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
- Indemnity clause
- Notice Policy and Your Consent
Under these Terms you are contracting with Yocura, Inc., a Delaware corporation. All notices should be addressed to Yocura, Inc. 310 Foreman Drive, Euless, Texas, 76039.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Yocura company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give you notice by means of a general notice on the Site, App, electronic mail to your email address in your Account, text message, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
- Geographic Limits of Service
Yocura make no representation that materials contained on the Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Yocura, are responsible for compliance with applicable local laws.
Yocura reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
- Governing Law
Except for the Arbitration Agreement set forth under Dispute Resolution and Arbitration, which is governed by the Federal Arbitration Act, these Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Yocura and its Services are deemed as a passive website that does not give rise to personal jurisdiction over Yocura or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
- Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and Yocura with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Yocura with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
- No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- State Specific Terms
There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary otherwise contained in these Terms.
If you have any questions regarding these Terms, please contact us at legal@Yocura.com or by mail at the address below:
Attention: Yocura Customer Service
310 Foreman Drive, Euless, Texas, 76039
March 5, 2017