Terms of Service
Introduction. This agreement applies to the websites, software (including mobile software applications), products, and services (collectively, “Services”) of Seer Software, LLC, a Virginia limited liability company doing business as Child Care Seer (“Child Care Seer”, “we”, “our”, “us”). These Terms of Service (as amended from time to time, the “User Agreement” or “Agreement”) sets forth the legal terms that are binding on all users, including you (i.e., “you,” or “User” as set forth herein), for your use of the Service.
This User Agreement is in effect as of: April 10, 2023.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
You may only use the Services if you are 18 years of age or older and not otherwise barred by law from using the Services. You affirm that you 18 years old or older, as the Services are not intended for anyone under 18. These Services and this User Agreement are applicable only to Users in the United States. If you are a resident located outside of the United States, do not use the Services.
Contact: You can contact us regarding anything related to this User Agreement by using the information in the “How to Contact Us” section, below.
Services. We provide a wide range of services for child care operations through web and mobile applications including but not limited to, employee labor management, child management, customer relations management, education and curriculum management, parent engagement, payment processing, and finance tracking. The Services are provided to Users at our discretion and may be altered, revoked, removed or cancelled at a point of our choosing. You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser or mobile application supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
You must sign up for a user account by providing all required information in order to access or use the Services. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process: and b) maintain and promptly update the information provided during sign up to keep it true, current, and complete. We reserves the right to request supporting evidence from you to verify your identity and information. When you register for the Service, you may also be asked to provide other information about yourself to help us better provide services to you or enhance your use and enjoyment of the Services. You further agree to receive any notices from Child Care Seer to you regarding your use of the Services pursuant to this User Agreement at the email or other addresses set forth in your contact information. You are obliged to notify Child Care Seer of any updates or changes to any contact or other registration information that you provide in connection with your use of the Service. If you provide any information that is untrue, outdated, or incomplete, or if Child Care Seer has reasonable grounds to suspect that such information is untrue, outdated, or incomplete, Child Care Seer may terminate your user account and refuse current or future use of any or all of the Services.
Usernames and Passwords. You are obliged to maintain the confidentiality of any usernames or passwords that you adopt and/or are provided by Child Care Seer in connection with your use of the Services. If you become aware of any unauthorized use of your username and password by any third party, you agree to notify Child Care Seer immediately at the Contact Information set forth in this User Agreement. For your protection, if Child Care Seer believes that any unauthorized access may occur or has occurred, Child Care Seer may terminate access without prior notice to you. You also agree that Child Care Seer is permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. Child Care Seer will not be responsible or liable for any loss or injury incurred by you for unauthorized use of your username and password, although you may be responsible or liable for any losses or injury caused by such unauthorized use.
Fees and Payments. The Services are available under subscription plans of various durations. Payments for subscription plans of less than a year can be made only by Credit Card or Direct Debit/ACH bank account withdrawal. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or Direct Debit/ACH bank account last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card or Direct Debit/ACH bank account. If you do not wish to renew the subscription, you must inform us at least seven (7) days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Child Care Seer to charge the subscription fee to the Credit Card or Direct Debit/ACH bank account last used by you. Prepayments are nonrefundable.
From time to time, we may change the price of the Services. Any increase in charges will not apply until the expiration of your then current billing cycle.
Privacy. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Responsible Use and Conduct. By accessing and using the Services, you agree to use the Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
a. You must provide accurate and complete registration information any time you register to use the Services. You are responsible for the security of your passwords and for any use of your account.
b. You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by Child Care Seer in connection with the Services, or engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Prohibited Content: The content displayed and/or processed through any application or web site utilizing the Services shall not contain any of the following types of content: (a) content that infringes a third party’s intellectual property or other proprietary rights (e.g., copyright, trademark, trade secrets, rights of publicity, etc.) according to applicable law: (b) pornographic, obscene or excessively profane content: (c) hate-related or violent content: (d) content advocating racial or ethnic intolerance: (e) content intended to advocate or advance computer hacking or cracking: (f) gambling: (g) other illegal activity, including without limitation illegal export of controlled substances or illegal software: (h) drug paraphernalia: (i) phishing: (j) malicious content: (k) other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights under the laws of any jurisdiction throughout the world.
Prohibited Actions: In addition to (and/or as some examples of) the violations described in this User Agreement, you may not and may not allow any third party to:
a. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to: (a) sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law: (b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam: (c) data mining any web property to find email addresses or other user account information: (d) sending unauthorized mail via open, third-party servers: (e) sending emails to users who have requested to be removed from a mailing list: (f) selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure: and (g) sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
b. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
c. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
d. Conduct or forward pyramid schemes and the like;
e. Transmit content that may be harmful to minors;
f. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
g. Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
h. Use the Services to violate the legal rights (such as rights of privacy and publicity) of others;
i. Promote or encourage illegal activity;
j. Interfere with other users’ enjoyment of the Services;
k. Sell, trade, resell or otherwise exploit the Services for any unauthorized commercial purpose;
l. Modify, adapt, translate, disassemble, decompile, or reverse engineer any portion of the Services;
m. Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
n. Reformat or frame any portion of the Services;
o. Use the Services in connection with illegal peer-to-peer file sharing;
p. Display any content on the Services that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;
q. Modify any logos or brand features without permission; or
r. Use the Services, or any interfaces provided with the Services, to access any product or service in a manner that violates this User Agreement or other terms and conditions for use of such product or service.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We have the right at our sole discretion, but not the obligation, to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Feedback Regarding the Service. You may provide suggestions, comments or other feedback on the operation of the Services, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Service Feedback”). Such Service Feedback is voluntary and Child Care Seer has the perpetual right, but no obligation, to use any or all of such Services Feedback for any purpose without any obligation (including payment of money) to you of any kind.
Intellectual Property Ownership.You acknowledge and agree that, as between you and us, Child Care Seer owns all legal right, title and interest in and to the Services. The information published, transmitted, or displayed on or through the Services may include data, text, software, scripts, images, graphics, designs, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials or types of content (collectively, “Content”), that has been provided by users such as yourself, Child Care Seer, our third party licensors or suppliers (such third party licensors or suppliers hereinafter “Third Party Licensors”), or other private or public organizations and entities that have been granted rights to access and publish Content on the Services (“Third Party Vendors”). The Services and the Content provided by Child Care Seer, Third Party Licensors or Third Party Vendors contains trademarks, copyrights and other proprietary material (in each case, whether registered or not), the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions. The “look and feel” of the Service (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors or Third Party Vendors) are also Child Care Seer’s trademarks and/or copyrights, as the case may be. Nothing in this User Agreement gives you a right to use any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, as well as any other intellectual property or proprietary rights of Child Care Seer, or Third Party Licensors or Third Party Vendors. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any Content on the Services is strictly prohibited.
Except as expressly provided in this User Agreement, Child Care Seer acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this User Agreement in or to any Content that you create, submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that Child Care Seer has no obligation to do so on your behalf.
Limitations on Licensed Rights. You may not (and you may not permit anyone else to): (a) attempt to disable or circumvent any security mechanisms used by the Services: (b) upload or otherwise process any malicious content to or through the Services.
Unless Child Care Seer has given you specific written permission to do so, you may not assign your rights to use the Child Care Seer Services, grant a security interest in or over your rights to use the Child Care Seer Services, or otherwise transfer any part of your rights to use the Services.
You further agree that Child Care Seer, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Services.
Copyright Infringement: If you have a good faith belief that the Services contains material that infringes upon your copyrighted work, please submit the following information to our designated copyright agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
An identification of the copyrighted work and the location on the Service of the allegedly infringing work;
A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
Your name and contact information, including, without limitation, telephone number and email address; and
A statement by you that the above 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.
Termination and Inactive User Accounts Policy. We may suspend your user account or temporarily disable access to all or part of the Services in the event of any suspected illegal activity, continued period of inactivity for 180 days, account delinquency for a continuous period of 14 days past the last payment due, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to CCS_Support@ChildCareSeers.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the User Agreement. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS, AS-AVAILABLE AND “WITH ALL FAULTS” BASIS. CHILD CARE SEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. CHILD CARE SEER MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT THE SERVICES ARE OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE COMPANY IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND: LOST OR UNAVAILABLE NETWORK CONNECTIONS: OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CHILD CARE SEER, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You acknowledge and agree that your reliance on the Content is solely at your own risk
In cases where you believe information found on the Service may be inaccurate or needs to be updated, we ask that you contact us at info@ChildCareSeer.com. If you have any questions with respect to the Content displayed, distributed, or otherwise accessible through the Services, please contact us at info@ChildCareSeer.com.
Third Party Sites. Child Care Seer may provide through the Services links or references to Internet sites maintained by third parties, or such third-party sites may have links to the Services. These links and references are offered as a convenience and/or for informational purposes only, not as referrals or endorsements by Child Care Seer. Child Care Seer does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. Child Care Seer assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
Limitation of Liability. YOU AGREE THAT CHILD CARE SEER WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE CHILD CARE SEER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SERVICES, OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL CHILD CARE SEER’S ENTIRE LIABILITY TO YOU IN RESPECT OF ITS SERVICES, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST TWELVE (12) MONTHS OF FEES PAID BY YOU TOWARDS ITS SERVICES.
Indemnification. You agree to indemnify and hold harmless Child Care Seer and its affiliates, and its and their directors, officers, managers, members, owners, employees, agents, consultants, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your (i) use of the Services, (ii) violation of any part of this User Agreement or any other agreement between you and Child Care Seer, (iii) your infringement or other violation of any intellectual property right of Child Care Seer or any other person or entity; (d) any negligent, wrongful conduct, or intentional torts, by you; (iv) any materials of Content provided by you that is published on or through the Service or any third party web site pursuant to the rights granted to Child Care Seer hereunder; or (v) the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. Further, Child Care Seer reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against us arising out of or related to your use of the Services, and in no event shall you settle any such claim without Child Care Seer’s prior written approval.
Remedies. In the event that the Child Care Seer determines, in its sole discretion, that you have breached any of the terms of this User Agreement, or have otherwise engaged in inappropriate conduct, the Child Care Seer may, in addition to the arbitration process set forth below and any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Services; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (v) take any other action which the Child Care Seer deems to be appropriate.
Any controversy or claim arising out of or relating to the User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, or for any non-United States of America based organizations, the Association for International Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the Commonwealth of Virginia, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The prevailing party in any arbitration or other claim or controversy arising hereunder or related hereto shall be entitled to reimbursement of its attorney’s fees and costs incurred therein. Notwithstanding anything to the contrary, Child Care Seer may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Exception for Provisional Equitable Relief. Notwithstanding any provision in this User Agreement, either party may request any judicial, administrative, or other authority in any other jurisdiction to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.
Waiver of Class Action Claims. By agree to arbitrate your claims against Child Care Seer, (a) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY; AND (B) YOU GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Governing Law. The Services are controlled by Child Care Seer from our offices located in the Commonwealth of Virginia, United States. The Services can be accessed by most countries around the world. As each country has laws that may differ from those of Virginia, by accessing our Services, you agree that the statutes and laws of Virginia will apply to all united matters relating to the use and the purchase of the Services, without regard to any conflict of laws, or UCITA, or the United Nations Convention on the International Sales of Goods, the application of each of which are expressly excluded.
Furthermore, any action for provisional equitable relief or to enforce this User Agreement outside the scope of mandatory arbitration as set forth above shall be brought in the federal or state courts located in the territory of the U.S. District Court for the Eastern District of Virginia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Severability. If any provision of this User Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the User Agreement unenforceable or invalid as a whole. and such provisions shall be deemed deleted without affecting the remaining provisions herein.
No Waiver. Any failure by Child Care Seer to exercise or enforce any legal right or remedy set forth in this User Agreement, or otherwise under applicable law, shall not be deemed a waiver of Child Care Seer’s rights or remedies, which shall remain available to Child Care Seer.
Assignment. The rights granted to you under this User Agreement may not be assigned to any third-party without the prior written consent of Child Care Seer, in its sole discretion. This User Agreement shall be binding upon you, your successors and approved assignees.
Entire Agreement. This User Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.
Special Notice For New Jersey Users. BY USING THIS WEBSITE, YOU: (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE: (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE: AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE FACTS, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE: AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FACTS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF FACTS AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.