Welcome to kontakkt, a communication platform that connects parents with other parents. This website, kontakkt.com (the Site), and its associated services (collectively, the "Services") are operated by kontakkt.com. The terms "kontakkt", "we", "us", and "our" refer to kontakkt.com.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE, THE kontakkt PRIVACY STATEMENT, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. PLEASE READ THESE TERMS OF USE (THE "TERMS") VERY CAREFULLY BEFORE USING OUR SERVICES. BY VISITING THIS SITE, REGISTERING AS A MEMBER, OR USING ANY OF OUR SERVICES, YOU DECLARE THAT YOU ARE EIGHTEEN (18) YEARS OF AGE, NOT REQUIRED TO REGISTER AS A SEX OFFENDER, HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS OF USE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD OR DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, YOU MAY NOT USE THIS SITE.

kontakkt is a platform that allows individuals with a child ("Parents"), individuals who are seeking early education and/or childcare services ("Care Seekers") and early education providers as well as childcare providers, early childhood educators, and the companies they work for ("Providers") to connect and communicate with each another. Providers, Parents, and Care Seekers are herein collectively referred to as "Users", "You", or "Your" in these Terms.

kontakkt does not take part in the interaction between Parents, Care Seekers and Providers beside providing a platform for communications and interactions. Users do hereby represent, understand and expressly agree that kontakkt does not have any liability for or control over the authenticity, quality of information, integrity, responsibility, or any of the actions whatsoever of the Users. The same applies to the quality, timing, legality, or any other aspect whatsoever of the services delivered by the Providers.

The Site and its content, including any information about Providers, are provided on an "as is, as available" basis. The information included on the Site is provided for User convenience and is designed to be used for informational purposes only. We expressly disclaim all warranties and guarantees of completeness, non-infringement, accuracy or timeliness, or of any kind, express or implied. We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site, including its content and postings, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party platforms, web sites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (d) the unavailability of this Site, including its content and postings, or any portion thereof, or (e) your use of this Site, its content or postings. You therefore assume sole responsibility for all risks associated with the use of this information. We strongly recommend that all Users verify the information they found in this Site with the corresponding Users before making any decisions based on the said information. Parents or Care Seekers are not charged with any fee to create or maintain an account with the Site.

By using the Site, You represent and warrant that You are a United States resident of at least eighteen (18) years old who are able to form a legally binding contract, and follow all terms and policies made available to you to use the Services.

If you are required to register as a sex offender in any jurisdiction, you may not use any of kontakkt Services.

We reserve the right to terminate a User in our sole discretion without notice for any reason or without reason whatsoever. By using the Site, Providers represent and warrant that they are in compliance with and have met any and all Local, State, and Federal regulations and laws pertaining to the services they provide.

All information in a User’s account is provided by the User and if applicable, state and local governing organizations, but not kontakkt. kontakkt does not make any recommendations about Users or any representations or endorsement on the accuracy, reliability, or completeness of any information or material in a User’s account. kontakkt only maintains the information for Your convenience and access. It is Your obligation to keep Your profile information accurate, complete, and current.

Inspections and relevant state licenses of Providers, where possible, is obtained from the relevant and appropriate state or local governing organization. Any disputes about the correctness, completeness, or timeliness of such data must be handled by the Provider with the state or local governing organization. Providers agree that kontakkt shall not be responsible for the accuracy, completeness, timeliness, or any other aspect of the information provided by state and local governing organizations. Providers also agree that kontakkt SHALL NOT HAVE ANY OBLIGATION, RESPONSIBILITY, OR LIABILITY FOR ANY INACCURACY, INCOMPLETENESS, OR UNTIMELINESS OF THE INFORMATION IN PROVIDER’S ACCOUNT OR FOR INFORMATION PROVIDED BY STATE AND LOCAL GOVERNING ORGANIZATIONS.

Users are allowed to upload, post, transmit, share, store, link to or otherwise make information and content available on the Services. Any such material made available on the Services by a User is "User Content". By making such content available or otherwise sharing information on the Services, User represents and warrants that they are the owner or otherwise have the right to publicly distribute the User Content. kontakkt does not pre-screen, review, edit or approve any User Content.

kontakkt reserves the right at all times to disclose any information as kontakkt deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in kontakkt's sole discretion.

You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Users, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. kontakkt and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. We do not endorse any Users or advertisers or any sites on the Internet that are linked through the Site, and in no event shall kontakkt or its licensors be responsible for any content, products, services or other materials on or available from such sites, advertisers, or third party Users. kontakkt provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and kontakkt disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. All Users must use their own judgment, discretion, and complete their own screening and due diligence before meeting or entering into any agreement or transaction with any other third parties, including but not limited to any Users, websites, or advertisers. kontakkt is in no way involved in, or a part of, any agreement or transactions between Users and any third-parties, including any third-party Users, websites, or advertisers. All agreements and transactions are solely between Users and that certain third party. We shall not be responsible for the conduct, whether online or offline, of any of our Users. By using the Site's services, You agree not to hold kontakkt liable for any claims, liability, demands and damages, known or unknown, or disputes that may arise from interactions with or contracts entered into with any third-parties.

As a condition of your use of the Services, you agree to not use the Services for any purpose that is unlawful or prohibited by these terms of use. You may not use the Services in any manner that could damage, disable, overburden, or impair any kontakkt server, or the network(s) connected to any kontakkt server. You may not use any data mining, screen scraping, robot, spider or similar data gathering or extraction methods to access or in connection with the Services. You may not attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means. You may not reproduce, download, modify, create derivative works from, distribute or attempt to reverse engineer, decompile, disassemble or access the source code for the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not interfere with any other party's use and enjoyment of any Services.

The Services may contain messaging or communication facilities such as e-mail services, bulletin board services, chat areas, news groups, forums, communities, user feedback, and product recommendation (each a "Communication Service" and collectively "Communication Services"). These “Communication Services" are designed to enable you to communicate with others. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By using the Communication Services, You agree to not misuse our Services. Misuse includes but is not limited to:

• Use the Communication Services in ways that violates any local, state, national, foreign or international statute, regulation, rule order, treaty or other law or that could expose kontakkt or any User to harm or liability;
• Use the Communication Services to offer any contest, sweepstakes, coupon or other promotion, surveys, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), without the express written consent of kontakkt.
• Stalk, defame, deceive, mislead, abuse, harass, threaten, harm, or otherwise violate the legal rights (such as rights of privacy and publicity) of another individual.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, unlawful, or otherwise offensive content, topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including but not limited to, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or products obtained from the Services.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Upload any files, materials, or information that contain viruses, Trojan horses, worms, time bombs, bots, corrupted files, or any other harmful or deleterious software, programs, or materials.
• Advertise or offer to sell or buy any goods or services for any commercial purpose or solicitation, without the express written consent of kontakkt.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Attempt to harvest, collect, or use addresses, phone numbers, email addresses, or other contact information of Users without the express written consent from kontakkt.
• Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.
• Provide any false personal information in Your profile, create more than one profile, transfer Your profile, create a profile for anyone other than yourself without authorization.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

kontakkt has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in our sole discretion. kontakkt reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. kontakkt does not control or endorse the content, messages or information found in any Communication Services and, therefore, we disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

We reserve the right to pursue any and all civil and criminal remedies including direct, indirect, special, punitive, incidental, exemplary and consequential damages arising from the misuse of the Communication Services or the breach of these Terms. The failure to exercise or enforce any right or provision of these Terms or to pursue civil or criminal remedies shall not constitute a waiver of such right, provision or course of action.

You agree that we are not liable for any User Content. We have no duty to screen content that you may supply, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

All non-personally identifiable information You upload or post to this Site or transmit to kontakkt via any communication medium, such as bulletin board services, chat areas, news groups, forums, communities, user feedback and product recommendations, (collectively "Communications") will be considered non-confidential and non-proprietary. kontakkt will not have obligations with respect to Communications. kontakkt and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial and noncommercial purposes.

We respond to notices, provided in English, of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

kontakkt strictly adheres to The Children's Online Privacy and Protection Act of 1998 (COPPA). For that reason, we do not collect or maintain information obtained through our Site from those we actually know are under 18, and no part of our Site is structured to attract anyone under 18.

Children under the age of 18 are not permitted to register on this Site or use any functionality for which registration is required. You must be at least eighteen (18) years of age to create an account with the Site. However kontakkt does not assume any responsibility for any misrepresentations regarding your age. If we believe a User has provided untrue or otherwise inaccurate information, we reserve the right to terminate the User.

Your privacy is extremely important to us. For information about how we treat Your personally identifiable information and protect Your privacy, please refer to kontakkt's Privacy Policy.

Except for User Content, all associated products, materials, content, and trademarks on the Site are the property of kontakkt and/or its partners or licensors and are protected by all relevant intellectual property laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. The service mark and trademark kontakkt is owned by kontakkt.com. Any other partner or affiliate trademarks, service marks, and logos on the Site are the property of their respective owners.

Except as kontakkt may expressly state in writing, you may not in anyway reproduce, reprint, publish, use, sell, license, distribute, copy, modify, transmit, adapt or make any unauthorized use or otherwise exploit content or technology from kontakkt or its suppliers on the Site.

You agree that we may provide to you notices and other information concerning kontakkt or this Site electronically, including notice to any email address that you may provide.

kontakkt provides this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WILL OPERATE WITHOUT INTERRUPTION, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

IN NO EVENT SHALL kontakkt AND OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNENCTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

You agree that the laws of the state of Texas and US Federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Texas in the city of Austin, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and kontakkt may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

You agree to defend, indemnify, and hold harmless kontakkt and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from Your use or misuse of this Site or the Services or any other person or entity accessing the Services using Your account..We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

The User shall indemnify, defend, and hold harmless kontakkt (including their respective officers, directors, employees, agents or representatives) against any damages, claims, costs or expenses (including without limitation, reasonable attorneys’ fees) ("Claim") arising out of any third-party claim, suit or proceeding of any kind that the The User Data infringes any Intellectual Property Right of a third-party, provided that The User is given prompt written notice of such Claim. kontakkt shall fully cooperate in the defense of such Claim, if requested by The User and at The User’s expense. The User shall have sole authority to defend or settle the Claim. The User may, at its sole option, (i) obtain for kontakkt the right to continue using the The User Data, (ii) remove, replace or modify the affected The User Data so that it becomes non-infringing, or (iii) if such remedies are not reasonably available, terminate the license. The foregoing states The User’s entire liability and kontakkt's and its affiliate(s) exclusive remedy for any claim of infringement.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by kontakkt without restriction.

These Terms, together with the kontakkt Privacy Policy, and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire, exclusive and final statement of agreement between You and kontakkt, superseding any prior written or oral agreements or negotiations. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any updates to these Terms of Use will be dated and posted here. If You object to any changes, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

If you have any questions, please contact us at support@kontakkt.com .