Terms and Conditions
Acceptance. Use of the “Better Kid Care On Demand” application (“Application”) is subject to the terms of use herein (“Terms Of Use”). By using the Application, the person or entity making use of the Application (“You”) hereby agrees to the Terms Of Use.
Restrictions on Use. The Pennsylvania State University (“Penn State”) provides the Application as a resource to the community. You are granted a limited, non-transferable, non-exclusive license to use the Application solely for internal educational purposes, and You may access the Application in its hosted environment. Scraping or otherwise aggregating content is prohibited. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works of the Application, nor otherwise make copies of the Application. You may not reverse engineer, disassemble, or otherwise attempt to analyze the coding of the Application.
Retention of Rights; No Other License. All right, title, and ownership in and to the Application and any derivatives thereof is retained by Penn State. Other than the limited license provided herein, no other license, nor any right, title, or interest of any nature whatsoever in or to the Application is granted, whether express, or by implication, estoppel, reliance, or otherwise.
Other Policy. Use of the Application is subject to the following policies on accessibility and non-discrimination.
Compliance with Law. You agree to use the Application in compliance with all applicable laws and regulations.
Other Disclaimer. THE APPLICATION IS PROVIDED “AS IS”. PENN STATE MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY REPRESENTATION AND WARRANTY, INCLUDING WITH RESPECT TO ANY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UTILITY, ACCURACY OF CONTENT, OPERABILITY, ABSENCE OF DEFECTS, COMPATABILITY, ANY OBLIGATION TO PROVIDE UPDATES OR TECHNICAL SUPPORT, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
Liability and Indemnification. Penn State and its respective trustees, directors, officers, employees, and affiliates are not liable for, and You assume all liability for, and damages, liabilities, judgments, costs, fees (including attorney’s fees), and other losses which may arise or be related to Your use of the Application. You agree to indemnify, defend, and hold harmless Penn State and its respective trustees, directors, officers, employees, and affiliates from and damages, liabilities, judgments, costs, fees (including attorney’s fees), and other losses which may arise or be related to Your use of the Application. IN NO EVENT SHALL PENN STATE AND ITS RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
Third Party Sites. LINKS PROVIDED IN THE APPLICATION MAY DIRECT YOU TO WEBSITES CONTROLLED BY THIRD PARTIES (“LINKED SITES”). LINKED SITES ARE NOT UNDER THE CONTROL OF PENN STATE AND PENN STATE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK TO A LINKED SITE DOES NOT IMPLY ENDORSEMENT BY PENN STATE.
No Use of Name. You shall not use the names, trademarks, service marks, logos, or images (including any adaptation of the foregoing) of Penn State or any of its employees, in any advertising, promotion, publicity, or sales literature without prior written consent.
Entire Agreement; Modification. These Terms Of Use constitute the entire understanding and agreement pertaining to use of the Application, and supersedes any and all prior communications, representations, agreements, or undertakings, whether oral, written, or otherwise. Penn State may change these Terms Of Use at any time without prior notice to You.
Termination. Penn State may terminate the license granted to the Application under these Terms Of Use at its sole discretion at any time, without prior notice to You. In such event, You must cease any further use of the Application, and destroy any downloaded copy.
Severability. If, for any reason, any part of these Terms Of Use are adjudicated invalid, unenforceable, or illegal by a court of competent jurisdiction, such adjudication shall not affect or impair, in whole or in part, the validity, enforceability, or legality of any remaining portions of these Terms Of Use. All remaining portions shall remain in full force and effect as if the original Terms Of Use had been executed without the invalidated, unenforceable, or illegal part.
No Waiver. Any failure to insist upon strict performance of any provision of these Terms of Use or to exercise any right arising out of Terms Of Use shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by the parties hereto.
Equitable Relief. You acknowledge that the remedies at law for a breach or threatened breach of these Terms Of Use would be inadequate and, in recognition of this fact, Penn State, in addition to all other remedies that may be available, shall be entitled to seek equitable relief in the form of a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy in a court of competent jurisdiction that may then be available to preserve the status quo and prevent irreparable harm.
Governance. These Terms Of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. Any claims or controversies arising under these Terms Of Use shall be adjudicated in the Court of Common Pleas for Centre County, Pennsylvania or the United States District Court for the Middle District of Pennsylvania.