Template terms of use United States

This is a binding agreement between you and 1place childcare and you are agreeing to enter into an electronic contract with 1place childcare. By using this site, you are accepting these terms of use and license for using 1place childcare templates as described in these terms of use. You are agreeing to be bound by these terms. If you do not agree, do not use 1place childcare connect.

This license and terms of use (the “terms of use”) apply to this website that is the property of 1place childcare. While 1place childcare has taken reasonable care in preparing this checklist template and in providing the app, 1place; (1) does not represent that it meets all the health and safety or other legal requirements or guidelines in any jurisdiction; (2) cannot ensure this version is the most current version of this template; and (3) does not warrant that there are no errors in transposing the regulatory bodies forms to our digital templates.

We disclaim all liability and responsibility for any loss, damage or harm relating to or associated with the documentation and the app or their use. Use at your own risk.

You are urged to take your own legal and other advice from those qualified in your jurisdiction(s) to ensure that you comply with the obligations that apply to you and that you assume full responsibility to ensure the documentation and services meet your responsibilities under and comply with applicable laws.

1 APPLICATION OF TERMS

1.1 You may access and use the Templates in accordance with these Terms. These Terms apply whenever you access or use the Templates.

1.2 If you access or use a Template:

a     you agree to these Terms; and

b     where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorized to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.3 If you do not agree to these Terms, you are not authorized to access and use the Templates, and you must immediately stop doing so.

2 DEFINITIONS

In these Terms:

Derived Document includes:

  • a copy of a Template;
  • a copy of a Template with Placeholder Text completed;
  • a modified version of a Template;
  • a new work that contains a material part of a Template;
  • a compilation of works that includes a Template or a material part of a Template; and
  • any of the above made on your behalf, including by your legal services provider

Including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs

Personal information means information about an identifiable, living person or as may be defined under applicable law 

Placeholder Text means text in a Template in [square brackets] around black/italics text that indicates that requested details need to be inserted 

1PlaceChildcare, we, us or our means the 1Place, Inc., a Delaware corporation

Template means a template document including Checklist and incident forms

Terms means these terms and conditions titled Template Terms of Use

Website means 1Placechildcare.com words in the singular include the plural and vice versa

You means you or, if clause 1.2b applies, both you and the other person on whose behalf you are acting.

3 USE OF TEMPLATES

3.1 You:

a     may view, copy, modify or adapt a Template, and make Templates and Derived Documents available to third parties subject to your compliance with these Terms; and

b     must remove all proprietary notices and all references to us if you modify the Templates, other than by the completion of Placeholder Text and the selection of options provided in the Templates.

3.2 You must not:

a     sell, sublicense, or otherwise deal in or commercialize the Templates or Derived Documents (including charging any person to use the Templates or Derived Documents);

b     publish any of the Templates or Derived Documents, or make any of the Templates or Derived Documents available for download on any website, software application or similar service; or

c     provide any Templates or Derived Documents to any person to do any of the things prohibited in 3.4a or b.

4 CONDITION OF AVAILABILITY AND USE

4.1 The Templates are provided for guidance purposes only. The Templates:

a     are not intended to replace the need for professional advice. A Template should be modified to address your specific circumstances. We recommend you seek the help of a qualified provider if you wish to use any Template.

4.2 By making the Templates available to you: we are not providing you with legal or professional services (or other regulated services).

4.3 If another person asks for access, you should require them to separately register on our Website for access to this information and so that they can separately agree to these Terms.

5 INTELLECTUAL PROPERTY

5.1 Subject to clause 5.2, we do not claim any rights in any modifications that you make to the Templates (other than modifications that are copies or adaptations of the Templates (in whole or in part)). Despite this, these Terms apply to all Derived Documents. You will have the right to use the modifications that you make to the Templates (other than modifications that are copies or adaptations of the Templates (in whole or in part)). These Terms apply to all Derived Documents.

5.2 If you provide us with ideas, comments or suggestions relating to the Templates or Website (together “feedback”):

a     all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and

b     we may use or disclose the feedback for any purpose.

6 DISCLAIMERS

6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a     any modification or adaptation you make to a Template or Derived Document;

b     any Template being unavailable (in whole or in part);

c     any information or content contained in a Template, including any error or omission, or information or content that is out-of-date;

d     any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Templates or the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Templates and the Website protects you from this; and

e     any site linked from a Template or the Website. Any link in a Template or on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2 These Terms are based on the laws of the Unites states and the State of Delaware. We make no representation or warranty that the Templates are appropriate or available for use in other countries or that the content satisfies the laws of other countries. You are responsible for ensuring that your access to and use of the Templates is not illegal or prohibited, and for your compliance with applicable local laws.

6.3 All warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose, are hereby excluded to the extent allowed by applicable law. 1place childcare disclaims all liability for the acts, omissions and conduct of any third parties about or related to your use of the website or the templates. You assume total responsibility for your use of the website and the templates and your sole and exclusive remedy against 1place for dissatisfaction with the website or the templates is to stop using website and the templates. Iplace childcare may elect to provide error correction for the website or the templates, but has no obligation to do so.

7 LIMITATION OF LIABILITY

7.1 1place childcare has no liability to you for any reason. The maximum liability or 1place to you is the lesser of the amount you have paid 1place childcare during the one month period prior to the accrual of the claim or $100.

8 LIMITATION ON DAMAGES

8.1 In no event and under no legal theory, whether tort, contract or otherwise, will 1place childcare be liable to you for any indirect, special, consequential, exemplary, incidental or punitive damages, including lost profits, losses relating to interruption of business activities any lossed of even if 1place childcare has been advised of the possibility of such losses or damages.

9 INDEMNIFICATION

9.1 You indemnify us against all Loss we suffer or incur as a direct or indirect result of:

a     your failure to comply with these Terms, including any failure of a person who accesses and uses our Templates using your LinkedIn or other login; or

b     your use of a Template or Derived Document, including any transaction you enter into using a Template or Derived Document; and

c     in the case of legal service providers, any advice, Templates or Derived Documents provided by you to your clients.

9.2 The parties agree that it is fair and reasonable that the parties are bound by this Agreement and in particular clauses 7 through 9.

10 PRIVACY POLICY

10.1 We will require limited personal information (e.g. your email address) from you in order to make the Templates available to you.

10.2 If you provide us with your LinkedIn (or other social media) account login details, we may, and you authorize us to, access and collect information available on your social media account profile page, in accordance with any privacy settings you have set for that social media account.

10.3 When you provide personal information to us, we will comply with the applicable law as well as the New Zealand Privacy Act 1993 and our privacy policy.

11 SUSPENSION AND TERMINATION

11.1 Your rights under these Terms will terminate automatically on any breach by you of these Terms.

11.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to and use of the Templates and Derived Documents.

11.3 On suspension or termination, you must immediately cease using the Templates and Derived Documents and must not attempt to gain further access.

12 CHANGES

12.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By accessing the Templates at the Website at any time following the change to these Terms, you agree to be bound by the changed Terms.

12.2 We may suspend, discontinue or restrict access to the Templates at any time without notice or liability to you.

12.3 We may change, modify or remove the Templates at any time without notice or liability to you. Some changes may be to reflect matters of law. Therefore, we encourage you to check back regularly to confirm that you are using the latest version of each Template.

12.4 These Terms were last updated on October 10 2022.

13 GENERAL

13.1 If we need to contact you, you give us authorization to contact you by email, and we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

13.2 These Terms, and any dispute relating to these Terms, the Templates or Derived Documents, are governed by and must be interpreted in accordance with the laws of the State of Delaware. Each party submits to the exclusive jurisdiction of the state or federal courts in the State of Delaware in relation to any dispute.