Goddard Systems, Inc. ("Goddard", "our" or "we") is the franchisor of The Goddard Schools early learning centers throughout the United States (each a "School"). Under the terms of Goddard’s franchise agreement, Goddard provides certain authorizations, licenses and other rights to third party franchisees (each an "Authorized Franchisee"). Authorized Franchisees then open and operate their own Schools under the quality assurance and other guidelines established by Goddard, but each School is otherwise independent of Goddard’s control. Goddard itself is not engaged in the delivery of education or instructional services of any type, is not itself a licensed education institution in any jurisdiction, and does not actually operate any School. Goddard is not responsible for the operation of any School or for the conduct of its Authorized Franchisees, including Goddard Family Connect content that is supplied by an Authorized Franchisee, and an Authorized Franchisee’s collection and use of personal information .
Please read the following Terms and Conditions (the "Terms") carefully before using Goddard Family Connect Website ("Goddard Family Connect"). By accessing or using Goddard Family Connect, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use Goddard Family Connect.
1. CONVENIENCE AND INFORMATION ONLY. Goddard Family Connect is provided to you as a convenience and for your information only. By merely providing access to Goddard Family Connect, neither Goddard nor any Authorized Franchisee warrants or represents that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on Goddard Family Connect (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) Goddard or any Authorized Franchisee has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to Goddard Family Connect will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through Goddard Family Connect is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from Goddard Family Connect solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from Goddard Family Connect without the express, prior, written consent of Goddard. At any time, we may, without further notice, make changes to Goddard Family Connect, to these Terms and/or to the services described in these Terms. We will make a reasonable effort to update this web page with any changes to these Terms and/or to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through Goddard Family Connect, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information. Payment information submitted through Goddard Family Connect, including all credit card information, is securely transmitted through Goddard’s servers to the applicable payment processor. You, however, are ultimately responsible for protecting your UserID, password, User Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Goddard of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we utilize certain security measures and other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on Goddard Family Connect, you agree to: (i) provide true, accurate, current and complete information about yourself and your child or children on any registration form required on Goddard Family Connect (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Goddard or an Authorized Franchisee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing Goddard Family Connect with his or her UserID and password.
4. DISCLAIMERS.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF GODDARD FAMILY CONNECT IS AT YOUR SOLE RISK. GODDARD FAMILY CONNECT AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT GODDARD FAMILY CONNECT, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH GODDARD FAMILY CONNECT ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON GODDARD FAMILY CONNECT, OR THE SERVERS USED IN CONNECTION WITH GODDARD FAMILY CONNECT, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. GODDARD DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE GODDARD FAMILY CONNECT AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GODDARD WILL HAVE ADEQUATE CAPACITY FOR GODDARD FAMILY CONNECT AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF GODDARD AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH GODDARD FAMILY CONNECT WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Goddard and its Authorized Franchisees, and our and their directors, officers, employees and agents (the "Indemnitees") from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by the Indemnitees, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL THE INDEMNITEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF GODDARD FAMILY CONNECT AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH GODDARD FAMILY CONNECT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF GODDARD FAMILY CONNECT AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH GODDARD FAMILY CONNECT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF THE INDEMNITEES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. PRIVACY. Personal data that you provide regarding yourself and your children will be handled by Goddard in accordance with Goddard’s Privacy Policy. Please note that your School will also have access to much of the information that you submit on Goddard Family Connect, and that your School’s Authorized Franchisee may have its own Privacy Policy with respect to how it will handle personal data regarding you and your children. Please contact your School to learn more about its privacy practices. Goddard is not responsible for any Authorized Franchisee’s handling of personal data regarding you and your children.
7. THIRD PARTY CONTENT.
(a) Goddard Family Connect may provide hyperlinks to other websites maintained by third parties, or Goddard Family Connect may provide third party content by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER GODDARD’S OR ANY AUTHORIZED FRANCHISEE’S CONTROL, AND NEITHER GODDARD NOR ANY AUTHORIZED FRANCHISEE IS RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO GODDARD FAMILY CONNECT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to Goddard Family Connect, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Goddard or any Authorized Franchisee. In most cases, Goddard and the Authorized Franchisees may not be aware that a third party has linked to Goddard Family Connect. A third party website that links to Goddard Family Connect: (i) may link to, but not replicate, the Content on Goddard Family Connect; (ii) may not create a browser, border environment or frame Content on Goddard Family Connect; (iii) may not imply that Goddard or any School or Authorized Franchisee is endorsing it or its products or services; (iv) may not misrepresent its relationship with Goddard or any School or Authorized Franchisee; (v) may not present false or misleading information about Goddard’s and/or any School’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on Goddard Family Connect are Goddard’s registered and unregistered trademarks. Goddard is the copyright owner or authorized licensee of all text and all graphics contained on Goddard Family Connect. All trademarks and service marks of Goddard that may be referred to on Goddard Family Connect are the property of Goddard. Other parties’ trademarks and service marks that may be referred to on Goddard Family Connect are the property of their respective owners. Nothing on Goddard Family Connect should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Goddard’s trademarks, service marks or copyrights without Goddard’s prior written permission. Goddard aggressively enforces its intellectual property rights. Neither the name "Goddard" nor any of Goddard’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to Goddard Family Connect or otherwise, without Goddard’s prior written permission.
9. SUBMISSIONS. If you send, transmit, post, email or otherwise convey to Goddard, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself or your child or children, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the "Submissions"), those Submissions will be deemed, and will remain, the property of Goddard. Subject to Goddard’s Privacy Policy with respect to Goddard’s use, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant Goddard and its sublicensees, successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to Goddard and its sublicensees, successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, "Rights") that may exist in such Submissions. You also warrant to Goddard that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Goddard and its sublicensees, successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
10. AVAILABILITY. Information published on Goddard Family Connect may contain references or cross-references to products, programs or services of Goddard and/or a School or their respective service providers that are not necessarily announced or available in your area. Such references do not mean that Goddard or such School, or any of their respective service providers, will announce any of those products, programs or services in your area at any time in the future. You should contact Goddard or your School (as applicable) for information regarding the products, programs and services that may be available to you, if any.
11. COPYRIGHT COMPLAINTS. Goddard owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on Goddard Family Connect by third parties not within the control of Goddard. It is our policy not to permit materials known by us to be infringing to remain on Goddard Family Connect. Please notify us promptly if you believe that any materials on Goddard Family Connect infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Goddard will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked "Copyright Infringement" to Goddard Systems, Inc., 1016 West Ninth Avenue, King of Prussia, Pennsylvania 19406, Attn: Sandra G. Gibbs, Corporate Counsel.
12. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of Goddard Family Connect at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of Goddard Family Connect, to Goddard, to a School or Authorized Franchisee, to our partners, to the business of Goddard Family Connect’s internet service provider, or to other information providers.
13. GOVERNING LAW. These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. By using or accessing Goddard Family Connect, you agree that any action at law or in equity arising out of or relating to your use of Goddard Family Connect or these Terms will be filed only in the state or federal courts in the Commonwealth of Pennsylvania, Montgomery County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
14. LOCAL LAWS. Goddard and the Authorized Franchisees make no representation that content or materials on Goddard Family Connect are appropriate or available for use in jurisdictions outside the United States. Access to Goddard Family Connect from jurisdictions where such access is illegal is prohibited. If you choose to access Goddard Family Connect from other jurisdictions, you undertake such access on your own initiative and are solely responsible for compliance with applicable local laws. Neither Goddard nor any Authorized Franchisee is responsible for any violation of law. You may not use or export the Content or materials on Goddard Family Connect in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Your Consent To This Agreement
By accessing and using Goddard Family Connect, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of Goddard Family Connect. If you have additional questions or comments of any kind, or if you see anything on Goddard Family Connect that you think is inappropriate, please let us know by email or by sending your comments or requests to:
Goddard Systems, Inc.
1016 West Ninth Avenue
King of Prussia, PA 19406
Attn: IT Help Desk
1-888-4 CALL IT
helpdesk@goddardsystems.com
Copyright © 2012 Goddard Systems, Inc. All Rights Reserved.
EFFECTIVE AS OF: October 8, 2012
LAST UPDATED: October 8, 2012