LegUp Terms of Service

Last Updated: December 27, 2019
These Terms of Service (“Terms”) govern your use of the services provided by Leg Up, Inc. (“LegUp”, “we”, “us”, “our”), including without limitation our website, web applications, or other digital products that link to or reference these Terms (collectively, the “LegUp Services”). These Terms are a binding legal agreement between you or the entity you represent (“you”) and LegUp. In these Terms, “you” and “your” refer to you, a user of the LegUp Services. A “user” is you or anyone who accesses, browses, or in any way uses the LegUp Services, including parents or legal guardians as referenced in these Terms.

Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please see Section 13, below.

These Terms refer to our privacy policy (“Privacy Policy”), hereby incorporated by reference, which also applies to your use of the LegUp Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Please read these Terms carefully, as they may have changed. Though your access and use of the LegUp Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. These Terms are to ensure that you will use the LegUp Services only in the ways in which we intend for it to be used.

By accessing or using the LegUp Services:

If you have any questions at all about these Terms of Service, please do not hesitate to contact us at support@legup.care.

Table of Contents

1. Description of the LegUp Services

Through the LegUp Services, we strive to provide the information busy parents need to make the best childcare decisions for their family and assist with that information gathering to lighten the load that parents juggle every day. The LegUp Services include concierge services, tools, information, and other services for childcare needs of busy parents. We provide the LegUp Services to parents through employers as a childcare benefit to its employees. The services provided to employers are subject to the terms and conditions of a separate services agreement. Based on the information provided through the LegUp Services, a representative of LegUp’s Concierge team will provide concierge services to parents that include but are not limited to (i) searching within the LegUp childcare providers database for and suggesting potential licensed daycares, preschools, childcare or providers; (ii) calling and asking for availability at a childcare center on behalf of the parent; (iii) connecting families with childcare providers; and (iiii) providing general guidance, resources, and Content related to childcare. The LegUp Services are currently available in the continental US only.

LegUp is not a matching or placement service and does not provide, place, or seek to confirm any placements in a childcare center or engagement of a childcare provider for any of its users. Parents or legal guardians are solely responsible for determining which childcare centers or providers best fit the needs of their family, enrolling a child in a childcare center or engaging a childcare provider, and confirming proper licensing, researching and deciding suitability of the center or provider, conducting any reference or background checks, and similar assessment and decision making activities. Unless otherwise stated, LegUp makes no representations or warranties about any childcare centers or providers suggested in connection with the LegUp Services.

2. Accessing the LegUp Services

We grant you permission to access and use the LegUp Services subject to the restrictions set out in these Terms. It is a condition of your use of the LegUp Services that the information you provide is correct, current, and complete. Your use of the LegUp Services is at your own risk. You are responsible for making all arrangements necessary for you to have access to the LegUp Services. We may close your account, suspend your ability to use certain portions of the LegUp Services, and/or ban you altogether from the LegUp Services for any or no reason, and without notice or liability of any kind.

3. Account Registration and Account Security

Some or all of the LegUp Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy.

Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose it to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information.

You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect our community of users and properly administer the LegUp Services, we have the right to disable or close any user account at any time and for any or no reason.

4. Prohibited Uses

You may use the LegUp Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.

You agree not to, and will not assist, encourage, or enable others to use the LegUp Services:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing prior written notice to us support@legup.care, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

5. Payment

LegUp reserves the right to charge for certain or all LegUp Services. You shall pay all applicable fees, as described on the LegUp website in connection with the LegUp Services selected by you. LegUp reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. Your use of the LegUp Services following such notification constitutes your acceptance of any new or increased charges.

LegUp Waitlist Service Occasionally, LegUp offers our LegUp waitlist services (the “Waitlist Services”). If you choose to signup for the Waitlist Services, LegUp will collect payment information immediately. However, you will not be charged for this service until you have been offered and accept an open childcare seat offer from LegUp. When you have accepted a seat offer from LegUp, you will be charged a search and placement fee (the “Waitlist Service Fee”). The Waitlist Service Fee is non-refundable.

LegUp Concierge Service. If you choose to sign up for our concierge services (the “Concierge Services”), you will be charged a one-time fee based on the number of waitlists you choose to join (the “Concierge Fee”). All Concierge Fees are non-refundable.

Payment Method. LegUp uses a third-party payment processor (the "Payment Processor"), Stripe, to collect fees through a payment account provided by you. The processing of payments are subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use the LegUp Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Waitlist Services or Concierge Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

6. LegUp Content and IP Ownership

We own the LegUp Services and all of our trademarks, logos, branding, and any other Content that we create in connection with the LegUp Services (“LegUp Content”), including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such LegUp Content and the LegUp Services (collectively, “LegUp IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the LegUp IP are retained by us.

We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the LegUp Services. You understand that when using the LegUp Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that LegUp is not responsible for the usefulness, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the LegUp Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.

7. Your Content

Responsibility for your Content. Certain types of users may be able to contribute content or information within or through the LegUp Services. You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the LegUp Services that you publicly display or displayed in your account profile (collectively, “Your Content”), and you, not LegUp, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by LegUp. You represent and warrant that Your Content does not violate these Terms.

Our Right to Use Your Content. Subject to the statements we make regarding protecting certain information in our privacy policy, You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable rights to use Your Content for purposes of providing the LegUp Services. Please note that you also irrevocably grant the users of the LegUp Services the right to access Your Content in connection with their use of the LegUp Services. Finally, you irrevocably waive, and cause to be waived, against LegUp and its users any claims and assertions of moral right or attribution with respect to Your Content. By “use” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms, privacy policy or our other policies, (1) to maintain Your Content in confidence; (2) to pay you any compensation for Your Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content; or (5) to exercise any of the rights granted herein with respect to Your Content.
If there are other websites and resources linked to on the LegUp Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the LegUp Services, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.

9. No Guarantees of Service or Availability of Childcare

Regarding the LegUp Services. Although we hope to make the LegUp Services available at all times in the future, there may be times when we need to disable the Site either temporarily or permanently. The LegUp Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as LegUp will not be liable if all or any part of the LegUp Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the LegUp Services, or the entire LegUp Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the LegUp Services, including with respect to device compatibility.

Regarding Childcare Centers. We use best efforts and typically are able to identify potential childcare centers in most locations. However, we cannot guarantee availability in any given childcare center at a particular time due to market conditions outside of our control or suggested childcare centers that meet all of your identified needs. Further, there may be limited situations where we are unable to suggest potential childcare centers or providers due to other circumstances outside of our control.

10. Disclaimer of Warranties

LEGUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE LEGUP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS LEGUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEGUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEGUP OR LAW ENFORCEMENT AUTHORITIES.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY" AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEGUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LEGUP SERVICES, WHETHER OR NOT LEGUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR LEGUP SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE LEGUP SERVICES.

12. Indemnification

You shall indemnify and hold harmless LegUp, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the LegUp Services.

13. Governing Law

This Agreement shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in King County, Washington.

14. Arbitration and Class Action Waiver

Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LEGUP. For any dispute with LegUp, you agree to first contact us at support@legup.care and attempt to resolve the dispute with us informally. In the unlikely event that LegUp has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in King County, Washington, unless you and LegUp agree otherwise. If you are using the LegUp Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the LegUp Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing LegUp from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE LEGUP SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LEGUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND

15. General Terms

These Terms constitute the sole and entire agreement between you and LegUp with respect to the LegUp Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the LegUp Services. No waiver of these Terms by LegUp shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of LegUp to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with LegUp’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.

16. Contact

All feedback, comments, requests for technical support, and other communications relating to the LegUp Services should be directed to: support@legup.care. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against LegUp and its users any claims and assertions of any moral rights contained in such Feedback.

If you have any questions about these Terms of Service, you can contact support@legup.care or by mailing us at the below address:

Leg Up, Inc.
1411 4th Ave, Suite 1000
Seattle, WA 98101