Terms of Use
Pie For Providers
Effective July 18, 2022
Welcome to the website and online services of Pie for Providers, Ltd. (“we” or “us”). These Terms of Use, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern access to and use of www.pieforproviders.com, including any content, functionality, and services offered on or through www.pieforproviders.com, and any of our other websites, applications, or other modes of access to any of our digital platforms (collectively, the “Services”).
Acceptance of the Terms of Use
These Terms are a legally binding agreement between us and you, a user of the Services, including your employer if you are using the Services on behalf of a corporate entity (“user” or “you”). Please read these Terms carefully before you start to use the Services. By using any of the Services, you accept these Terms and agree to be bound by them and certify that you are at least 18 years of age. If you do not agree to these Terms, your only remedy is to cease access or use of the Services.
Additional terms may apply to your use of certain Services. We will provide such terms to you or post them on the Services to which they apply. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Changes to the Terms
These Terms are effective as of the effective date above. We may revise and update these Terms from time to time at our sole discretion, and changes are effective immediately when we post them, except as described for subscribers in the Subscription Services section below. We encourage you to periodically review the Terms applicable to each Service you use.
Your continued use of the Services following the effective date of revised Terms constitutes acceptance of all changes. If you do not agree to any changes to these Terms, your sole remedy is to not use the Services.
Accessing the Services and Account Security
You are responsible for making all arrangements necessary for you to have access to the Services. You acknowledge and agree that you must provide for your own access to the internet and pay any service fees associated with such access and provide all equipment necessary for you to make such connection to the internet, including a computer or other access device.
To access the Services or some of the resources they offer, you may be required to provide certain registration details or other information. In such event, you must provide us with accurate and complete information and must update such information when it changes. You agree that all information you provide to register with the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may be unable to use the Services if you do not provide required account information, cannot authenticate into the account, or cannot verify your identity.
You are responsible for maintaining the confidentiality of your user account login name and password, and you agree not to disclose such information to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. We are not responsible for any loss or damage resulting from unauthorized use. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that unauthorized users are not able to view or record your password or other personal information.
We have the right to disable any username, password, or account at any time in our sole discretion for any or no reason, including if you have violated any provision of these Terms.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or tax files.
Changes to the Services
We reserve the right to withdraw, modify, update, or change the Services, and any information or content provided thereon, including revising and/or deleting features or other information without prior notice, in our sole discretion without notice and at any time. For example, we may from time to time restrict access to some parts of the Services, or the entire Services, to users, including registered users. Except as described for subscribers in the Subscription Services section below, we will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period to any user.
Subscription Services
Certain Services may be provided to you free of charge, while other Services may require payment either by you or by someone else on your behalf before you can access them. You agree that only authorized users for whom subscription fees have been paid may use Services requiring payment.
If you are personally responsible for paying for a subscription, we will require you to provide a payment method for your account. Your subscription will automatically renew until terminated, and you authorize us to charge your periodic subscription fees to your payment method, along with any applicable taxes or transaction fees. Your payment method will automatically be charged at the start of your subscription and on an on-going basis the day immediately following the end of prior subscription billing period unless you or we terminate your subscription.
If your payment method is declined and we are unable to process your payment for your current subscription period, (1) you will remain liable for all such amounts, as well as any costs that we incur in collecting any amounts you fail to pay for access to the Services, including attorney and collections fees; (2) you authorize us to continue charging your payment method, as your payment method information may be updated; and (3) we may suspend or terminate your subscription.
We reserve the right to change subscription fees at any time following notice to you (either through the Services or by sending an email to the address you have registered for your account). If you do not wish to accept a change to the subscription fee, you may terminate your subscription at the end of the then-current billing period. All fees are non-refundable. If you terminate your subscription before the end of your paid subscription period, you will have continued access to the Services for the remainder of your paid subscription period, and you will not receive a refund for any portion of the fees for that subscription period.
We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions may automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.
When we make changes in these Terms, such changes apply to authorized users for whom subscription fees have been prepaid only at the end of the then-current payment period and apply to all access to and use of the Services thereafter. Your continued use of the Services following such period constitutes acceptance of all changes. If you do not agree to any changes to these Terms, your sole remedy is to terminate your subscription and not use the Services.
When we make changes to subscription Services, we may refund prepaid subscription fees for the residual prepaid period on a case-by-case basis if the changes materially reduce the utility of the Services.
Privacy
By using the Services, you assent to the Privacy Policy found at www.pieforproviders.com/privacy (“Privacy Policy”). All information we collect on the Services is subject to our Privacy Policy. If you do not agree to the Privacy Policy or consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, your only remedy is to cease access or use of the Services.
While we take measures designed to ensure that your personal information is disclosed only in accordance with our Privacy Policy, the internet is an open system, and we cannot and do not guarantee that the personal information you provide will not be intercepted or accessed by others.
Intellectual Property Rights
The Services and their entire contents, features, and functionality (including all information, software, text, displays, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your own use, including the business of your employer if you are employed by a childcare provider. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, capture, store, archive, or transmit any part of the Services or the content thereon, except when we expressly authorize the redistribution of certain content, including where such content is expressly intended to be printed, downloaded, or retained by the user. Furthermore, you may not use the Services on behalf of any third party or license or sublicense any part of the Services or the content thereon.
No right, title, or interest in or to the Services or any content thereon is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms, and may violate copyright, trademark, and other laws. Our name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of Pie for Providers, Ltd. or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to do any of the following, or encourage or assist others in doing so:
Use the Services in any way that violates any applicable law;
Transmit, collect, or access personally identifiable information about other persons without the consent of those persons;
Impersonate or attempt to impersonate us, our employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
Access the Services using any interface other than ours;
Maintain any link to the Services that we ask you to remove, in our sole discretion;
Make the Services or content thereon available via in-line links, otherwise display the Services or content thereon in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between us and any third party;
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or content thereof, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with such content;
Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials;
Disassemble, decompile or otherwise reverse-engineer any software or other technology used to provide the Services or included in the content thereof; and
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
User Contributions
Some Services may allow you to submit or transmit text, financial or tax information or other user-supplied data (collectively, “User Contributions”). You are solely responsible for all User Contributions and accuracy thereof, that you may provide through the use of the Services. As between you and us, you retain ownership of the User Contributions. However, subject to any limitations included in the Privacy Policy, you grant us, our affiliates, service providers, licensees, and successors a nonexclusive license to use, copy, store, reproduce, modify, publish, translate, distribute, perform, and display (“Use”) your User Contributions for purposes of providing Services to you and making enhancements to our Services.
You represent and warrant that you have all right, title, interest, and consent in the User Contributions necessary to allow us to Use the User Contributions as set forth above, and that your User Contributions comply with these Terms.
Monitoring and Enforcement
We do not undertake to review all material users provide through the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or other third party.
We have the right, but not the obligation, to:
Refuse or remove a User Contribution without notice to you, or take any other action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS PIE FOR PROVIDERS, LTD. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Third-Party Content
We may provide third party content (including advertisements) or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, nor do we author, edit, or monitor these pages or links, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such external sites or resources.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. Though we aim to provide as accurate content as possible and try to update content on the Services regularly, such information is constantly changing, and accordingly, we cannot assure and do not warrant the timeliness, accuracy, completeness, or usefulness of this information. We encourage you to confirm all information found on the Services with the appropriate organization, governmental or otherwise. We disclaim all liability and responsibility arising from any reliance on such content by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Further, you acknowledge and agree that the Services are general purpose online services and, though designed to assist in the access to many state and federal resources, do not guarantee compliance with any specific laws, rules, or regulations. Please review the latest laws and regulations in the relevant jurisdiction, as we are not responsible for notifying you of any such laws, enabling your compliance with any such laws, or for your failure to comply.
We do not provide legal, financial, accounting, tax, or other professional services or advice. You should consult your own professional advisors prior to making important decisions in these areas.
The Services may include content provided by third parties, including materials provided by governmental agencies, third-party licensors, and/or reporting services. All content is the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Services
You may link to our homepage, provided you do so in a way that is fair and lawful and does not damage our reputation or exploit goodwill toward us, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship, or endorsement on our part without our express consent.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the use standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable such links at any time without notice in our discretion.
Termination
You may cancel your account and we may suspend or terminate your use of the Services. Upon expiration of your subscription or cancellation of your account, or our termination of your account, you must immediately stop using the Services provided under such subscription or account and pay all fees, if any, for the Services used. If you initiate cancellation before your subscription expires, or we choose not to renew your subscription, you will retain access to the Services until such expiration. If we terminate your account for breach of these Terms, we reserve the right to immediately restrict your access to the Services. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.
Geographic Restrictions
The owner of the Services is based in the state of Illinois in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK AND SUCH SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SPECIFICALLY, WE DO NOT WARRANT THE SECURITY, RELIABILITY, QUALITY, ACCURACY, USEFULNESS, OR AVAILABILITY OF THE SERVICES OR THE CONTENT THEREON OR THAT THE SAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT YOU PAY (OR SOMEONE PAYS ON YOUR BEHALF) FOR YOUR ACCESS TO THE SERVICES DURING THE PERIOD OF TIME RELEVANT TO ANY CLAIM YOU MAY HAVE AGAINST US. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
YOU UNDERSTAND THAT WE WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE AND ARE NOT RESPONSIBLE FOR ANY INCORRECT OR FRAUDULENT DOCUMENTS OR INFORMATION SUBMITTED BY YOU TO ANY PARTY.
Indemnification
You agree to defend, indemnify, and hold harmless Pie for Providers, Ltd., our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including any reliance on information posted, any use of the Services’ content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
Governing Law
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Arbitration
Unless specifically excepted by these Terms, any disputes arising out of, or related to, these Terms or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be submitted to final and binding arbitration under the rules of the American Arbitration Association applying Illinois Law.
Where appropriate, you retain the right to seek relief in an Illinois small claims court for disputes or claims within the scope of such court as an alternative to binding arbitration.
If you have any dispute with or claim against us, before commencing an arbitration or filing a small claims court action against us, you must first send to us a written notice describing the issue. Such a notice must (1) be sent by certified mail; (2) be addressed to us at PO Box 25145 Chicago, IL 60625; (3) describe the nature of the issue; and (4) specify the damages or other relief you seek. If we and you do not then resolve the issue within 30 days after we receive your notice, either you or we may commence an arbitration or file a small claims court action to resolve the matter.
To the fullest extent permitted by law, you and we agree that no class or collective actions can be asserted in arbitration or other proceeding arising out of or in connection with these Terms or with the Services. All claims pertaining to these Terms or use of the Services, whether in arbitration or other proceeding, must be brought solely in your or our individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure 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 or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms (including our Privacy Policy) constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Unless you or your organization have entered into a separate written agreement with us regarding the Services, these Terms are the complete and exclusive agreement between you and us regarding your access to and use of the Services.
Miscellaneous
You agree that we are not acting as your agent or fiduciary in connection with your use of any Services.
In order to properly support and serve you, we may occasionally need to reach out and contact you and may do so in a variety of ways such as via text message, email, or messaging functionality in the Services. We want to provide you options for receiving communications from us, and as such, we may offer you the opportunity to opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the Services. You will need to notify us of any changes to your contact details to ensure your preferences are updated.
Your Comments and Concerns
The Services are operated by Pie for Providers, Ltd., PO Box 25145, Chicago, IL 60625.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@pieforproviders.com.