Parent Portal User Agreement

Welcome to the Parent Portal provided by Brightside Childcare Solutions, LLC.  

PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION  CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY CHOOSING TO ACCEPT,  YOU AGREE TO ALL TERMS INCLUCED IN THIS AGREEMENT. 

This User Agreement (“Agreement”) is a contract between you (“You” or “User”) and Brightside  Childcare Solutions, LLC (“Provider”). You must read, agree to, and accept all of the terms  included in this Agreement to use the Parent Portal. 

Subject to the conditions set forth herein, Provider may, at its sole discretion, amend this  Agreement at any time by posting the revised version on the Parent Portal website. Provider may  provide advance notice of any amendment substantially changing this Agreement by posting a  notice of amendment, or a link to view the amendment, on the Parent Portal. 

User Account. In order to access and use the Parent Portal, you must register a user account and  provide the required user profile information. Your childcare provider should send you an email  with a link that will take you to the user account registration page.  

You warrant and represent that the user profile information you provide is accurate.  

User Account Password. When you set up your user account, you will be asked to choose a  unique password for the user account. You are entirely responsible for safeguarding and  maintaining the confidentiality of your password and agree not to share your username or password with any person who is not authorized to use your user account. You authorize Provider to assume any person that accesses the Parent Portal using your password is either you, or is  authorized to act for you. You agree to notify us immediately if you suspect or become aware of  any unauthorized use of your user account or any unauthorized access to the password for your user account. 

You further agree not to let any third party who is not a parent or legal guardian have access to  your user account. 

Use of Parent Portal. The Parent Portal provides you with the ability to review information  concerning your student and make payments. You must use your own device to access the Parent  Portal. 

Availability of Parent Portal. You agree and understand that Provider makes no warranties or  representations that the Parent Portal will be accessible or that certain features and/or  information will be available on the Parent Portal. 

6-22-2021ka 

Parent Portal User Agreement 

Applicable Law. You agree that the laws of the state of Texas, without regard to principles of  conflict of laws, will govern this Agreement and any dispute of any sort that might arise due to  your use of the Parent Portal. 

Arbitration and Venue. All disputes arising out of or relating to this Agreement shall be finally  resolved by arbitration conducted in Bexar County, Texas under the commercial arbitration rules  of the American Arbitration Association. The parties shall bear equally the cost of the arbitration  (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees  incurred in connection with the arbitration in such an amount as may be determined by the  arbitrator). All decisions of the arbitrator shall be final and binding on both parties and  enforceable in any court of competent jurisdiction. Notwithstanding this, application may be  made to any court for judicial acceptance of the award or order of enforcement. Notwithstanding  the foregoing, Provider shall be entitled to seek injunctive relief, security, or other equitable  remedies from the United States District Court for the Western of District of Texas, U.S.A. or any  other court of competent jurisdiction. 

Limitation of Liability. IN NO EVENT WILL PROVIDER, ITS SUBSIDIARIES, OR AFFILIATED THIRD  PARTIES BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,  PUNITIVE OR MULTIPLE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS  INTERRUPTION ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, USE, INABILITY TO USE,  OR THE RESULTS OF USE OF THE PARENT PORTAL OR THE MATERIALS OR INFORMATION  CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR  ANY OTHER LEGAL THEORY AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES. 

IF YOUR USE OF THE MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION  OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 

APPLICABLE LAW OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF  INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR MULTIPLE  DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Effective as of June 22, 2021