Terms of Use.

Welcome to nowtify.me or nowtify.us websites or the nowtify.me apps available on the iOS and on the android platform and all related services (the "Services”), operated by Omelet Labs, LLC, a New Jersey limited liability company (“We” or “Us”). The Services enables users (“you” or “your”) to get information about your child’s day at the Child Care Center you have selected. By accessing and using the Services, you are agreeing to be legally bound by these Terms of Use, which sets forth the terms and governs your use of the Services. If you do not wish to be bound by this Terms of Use, you are not authorized to use this Service, nowtify.me website or the nowtify.me app. These Terms of Use are effective as of the earlier of (i) June 1st 2016; and (ii) when these Terms of Use are posted.

1. GENERAL.
We may change these Terms of Use from time to time so be sure to check back periodically. Your use of the Services after any changes have been posted will constitute your agreement to the modified Terms of Use. You understand and agree that the Services or the mobile apps may discontinue or change the Services and/or the Service at any time, without notice. You also understand and agree that the Services may discontinue or restrict your use of the Services for any reason without notice and without any liability to you. In addition, when using the Services, you shall be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Use.

2. INTELLECTUAL PROPERTY.
Unless otherwise indicated, all content displayed on the Services, including without limitation any names, email addreses, pictures, logos, images, information, data and text is the property of Omelet Labs, LLC, and is protected by copyright, trademark, and the intellectual property laws. Any names, email addresses, pictures, logos, images, information, data and text you or your child care provider submits into our services or app is considered "Content" and by submitting it to our Services, you are transferring ownership of the Content to Omelet Labs, LLC, and subject to all the protections afforded by copyright, trademark, and the intellectual property laws. Such Content may be used by You only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the Services, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Content to anyone, except that you may occasionally reproduce, distribute, display or transmit an insubstantial portion of the Services’ content, for a noncommercial purpose, to a limited number of individuals, provided you use the phrase "Used with permission from Omelet Labs, LLC." All rights not expressly granted herein are hereby reserved. We may transfer your personal information and Content between the Child Care Center and families for which the child care center provides childcare that you provide services to you. We will share access to Content with any other vendors or service providers who help nowtify.me provide the web and mobile services to its users. If you believe in good faith that any Content infringes your copyright, you may send us a notice requesting that the material be removed though we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to Omelet Labs, 57 Downing Lane, Voorhees NJ 08043.

3. DISCLAIMER OF WARRANTIES AND LIABILITY.
You agree that your access to, and use of, the Service and the content available on the Services is on an “as-is”, “as available” basis, with no warranty, express or implied, of any kind. Although it is Our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserves the right to remove any Content from the Service for any reason, without prior notice. We encourages you to maintain your own backup of your Content. In other words, We are not a backup service and You agree that you will not rely on the Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. Some of the Services may be experimental and not tested in any manner. We do not represent or warrant that any Services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. Your use of the Services is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Services including, but not limited to, any damage to Your computer system or loss of data. We reserve the right to modify or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without liability to You. All fees paid are non-refundable. The Services includes facts, views, opinions and recommendations, and the Services does not necessarily endorse these views, opinions and recommendations. The Services specifically disclaims any representations or warranties, express or implied, as to the Services and the content contained therein, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, merchantability or fitness for a particular purpose. The Services will not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Services and its content. In no event will the Services be liable to you or anyone else for any decision made or action taken by you in reliance on any content appearing on the Services. The Services shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.

4. LINKS TO THIRD PARTY SITES.
The Services may contain hyperlinks to web sites operated by persons other than Omelet Labs, LLC. You agree not to hold Us responsible for the content or operation of such web sites. A hyperlink from the Services to another web site does not imply or mean that the Services endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the Services.

5. ADDITIONAL LEGAL TERMS.
These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the State of New Jersey, as if these Terms of Use were a contract wholly entered into and wholly performed within the State of New Jersey. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use are the entire and final agreement regarding the Services and their Content, and supersede any prior or contemporaneous communications between the Services and you regarding the Services and its content. You agree that any claim or dispute you may have against the Services or Omelet Labs, LLC must be resolved by a court located in Camden county, New Jersey. Any suit or legal action by You in any other venue will be null and void.

6. USER OBLIGATIONS.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself upon registration and thereafter. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Services of any unauthorized use of your password or account or any other breach of security. The Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6 or any other Section of this Terms of Use. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.You further agree not to use the Services to:

• upload, post, email, transmit or otherwise make available ("Post") any content:- that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or goverened by HIPAA or similar privacy or security related federal or state laws, regulations or statutes;- that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or- that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• harm minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
• Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
• violate any applicable local, state, national or international law, intentionally or unintentionally;"stalk" or otherwise harass another; and/orcollect or store personal data about other users.

You agree to be fully responsible for your own content. The Services acts as a venue for you to Post your content. While the Services has the right to refuse to post or remove, edit or abridge any content for any reason, it is otherwise not involved in the writing or decisions as to the content of its users. As a result, the Services has no control over the quality, accuracy or legality of the content on the Services. All content posted on the Services is the sole responsibility of the person from whom such content originated. Because the Services is a venue, in the event that you have a dispute with a user of the Services and its Service, you release the Services and its officers, members and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree to fully indemnify and hold the Services and its officers, members and/or employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your Content, including, without limitation, any Content posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy, or otherwise violates these Terms of Use.

7. PRIVACY AND USE OF INFORMATION.
Please visit our Privacy Policy, which also governs your use of the Services, to understand how we collect and use information about you. If you are outside the United States, you understand and agree that by providing the Services any information about yourself, you are consenting to the transfer of that information to the United States.