TERMS OF USE AGREEMENT

Last Updated: June 24, 2022

Welcome to www.coronadochildcare.com which, together with any The Village Childcare Network LLC branded websites, web pages, mobile applications and mobile websites operated by us, shall be referred to herein as the “Site”. By using our Site and the services provided on the Site or via any other channels, including over the telephone (the “Services”), you are agreeing to comply with and be bound by the following terms of use, as well as any other policies, rules and terms and conditions which are set forth on the Site or in Service-related materials (collectively, the “Terms”). Please review these Terms carefully because the Terms constitute a legal agreement between you and The Village Childcare Network LLC, a California limited liability company (“The Village Childcare Network”). If you do not agree with any of these Terms, you should not use this Site or our Services. In these Terms, “you,” “your,” “user(s),” “Parent(s),” “Sitter(s)” or Member(s)” refers to you and any other user, service provider, consumer, or viewer of our Site and Services. Unless otherwise stated, “we,” “us” or “our” will refer collectively to The Village Childcare Network and its subsidiaries, owners, managers, employees, agents and contractors.

Acceptance of the Terms

In order to make use of the Services or access the Site, you must first agree to these Terms. These Terms shall also apply to your use of any reports, forms, applications, data, documents or other materials available via the Site or the Services. Do not use the Services or access the Site if you do not agree to these Terms. You can accept these Terms by browsing the Site or using the Services, whereby you understand and agree that we will treat your browsing or the Site or use of the Services as acceptance of these Terms. We may revise and update these Terms at any time without notice by posting such revised or updated Terms on this Site. Any changes to these Terms will become effective upon posting such revisions or updates. If you continuously use the Services or access the Site, you are required to periodically check our Terms for any changes. Your continued usage of the Services or access of the Site will mean that you accept the then-current Terms at the time of such usage or access, as the case may be. You agree that your use of the Site and our Services, and our use of your data, shall be in accordance with our Privacy Policy located on the Site. These Terms and the Privacy Policy constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to, your use of the Site and any content, products or services provided by or through the Site.
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND THE VILLAGE CHILDCARE NETWORK CAN BE BROUGHT, INCLUDING THE ARBITRATION AGREEMENT (SEE ARBITRATION SECTION BELOW). PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH THE VILLAGE CHILDCARE NETWORK ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED IN SECTION 2 BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Membership, User Eligibility, Registration and Verification

The Site and the Services are available only to individuals who can form legally binding contracts under United States law. Further, our Site and Services are only available to single-family individuals who are at least eighteen (18) years old, are not a competitor of The Village Childcare Network or are using the Site or our Services for any reasons that are competitive with The Village Childcare Network and that meet all qualifications set forth by The Village Childcare Network in its sole discretion. In addition, if you are registering as a Sitter, you must be eighteen (18) years of age, and you must be legally permitted to work within the United States. You may not use the Services or access the Site and may not accept these Terms if you are a person barred from receiving the Services or accessing the Site under the laws of the United States or other countries, including the country in which you reside or from which you use the Services and/or access the Site. Sitters may not provide services for more than one Parent’s family at a time.

To use the Site or the Services, you may be required to provide information about yourself as part of the user registration and/or application process in order to use the Site and Services. You agree that (a) any registration or user-related information you give to us will be accurate, correct and current, (b) you are responsible for maintaining the confidentiality of user names and passwords associated with any account you use to access the Site or the Services, (c) you will be responsible to us for all activities that occur under your account and/or user name, and (d) if you become aware of any unauthorized use of your account, user name and/or password, you agree to notify us immediately. You are solely responsible for providing accurate, current and complete information in connection with your application and/or registration for use of the Site and the Services.

By requesting to use, registering to use and/or using the Site or Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide thereby. In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (ii) have not been and are not currently required to register as a sex offender with any governmental entity. You hereby authorize us to verify any and all representations and warranties you make to us, and you acknowledge that we reserve the right, though we are not obligated, to verify such representations and warranties on an ongoing basis, which may include without limitation conducting criminal background checks or obtaining data from a variety of third party sources including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data. Should we determine that you have violated any representation or warranty or any other provision of these Terms, we make take any action we deem appropriate in our sole discretion, which may include but is not limited to suspending and/or terminating your membership and registration. You also hereby represent, understand and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of the information obtained during the verification process. BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW THE VILLAGE CHILDCARE NETWORK TO PERFORM THE VERIFICATIONS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATIONS TO BE PERFORMED, YOU SHOULD NOT USE THE VILLAGE CHILDCARE NETWORK. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATIONS TO BE PERFORMED. THOUGH THE VILLAGE CHILDCARE NETWORK PERFORMS SOME VERIFICATIONS WITH RESPECT TO PARENTS, IT DOES NOT AT THIS TIME PERFORM, NOR DOES IT CONTEMPLATE PERFORMING, BACKGROUND CHECKS ON PARENTS.

Costs of Membership

Members must pay for Services. Sitters must pay an application fee of $45, and $45 annually thereafter, which covers his or her background check and training(s) offered. Parents must pay a first year enrollment and annual fee of $349, and $349 annually thereafter. Members will be assessed a fee upon initial registration and each year thereafter. In addition, the user is responsible for any state or local sales taxes associated with the Services purchased. All payments for services and/or products are non-refundable and no refunds or credits will be given on unused or partially-used services and/or products. In the Company’s sole and absolute discretion, it may allow for a partial refund if a customer is dissatisfied with the services and/or products within the first year of customer’s use. Intent to cancel ongoing services and/or products must be provided by customer to the Company in writing no less than 60 days prior to the renewal date in order to prevent credit card authorization of fees for the following year.

By registering as a user, you authorize The Village Childcare Network to charge your chosen payment provider according to the fees to which you subscribe. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If you decide to purchase additional Services and we already have your credit card on file as a result of prior purchases you have made, we may charge that credit card for such Services.
Parent subscriptions will continue for a specified subscription period. At the end of such subscription period, and again after any subsequent subscription period, your subscription will be terminated and you will be required to sign up for a subsequent subscription period in order to continue to use the Services.

Group Memberships

Group memberships to The Village Childcare Network are available for hotels, registered wedding planners, condominium associations, etc. A group representative must contact The Village Childcare Network , LLC for details about these memberships and group memberships may be subject to additional agreements. These Terms are application to each member of such a group in his or her capacity as a Sitter or Parent, as applicable.


Our Services

Our role is to help connect Parents and Sitters by allowing them to apply/register on our Site and providing search functionality in order for Parents and Sitters to connect and help make informed decisions regarding childcare. Upon connecting, all Sitters will provide the Parents’ requested services at the residence of the Parents. Sitters’ services are only to be performed at the residence of the Parents/Customers they are connected with. Sitters are only to perform services for one family at a time and may not engage in services for multiple families at the same time. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
WE ARE NOT AN EMPLOYMENT SERVICE AND DO NOT INDEPENDENTLY CONTRACT OUT OR ENTER INTO A PARTNERSHIP OR JOINT VENTURE WITH ANY MEMBERS. THERE IS NO LEGAL AFFILIATION WITH THE VILLAGE CHILDCARE NETWORK BASED SOLELY ON MEMBERSHIP OR REGISTRATION WITH US. PARENTS ARE THE POTENTIAL EMPLOYERS OF SITTERS ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE EMPLOYMENT AND OTHER LAWS IN CONNECTION WITH ANY EMPLOYMENT RELATIONSHIP THEY ESTABLISH (FOR EXAMPLE, PAYROLL, TAX AND MINIMUM WAGE LAWS), OR SITTERS MAY BE CONSIDERED INDEPENDENT CONTRACTORS OF PARENTS AND THE PARTIES SHALL BE RESPONSIBLE FOR ANY OBLIGATIONS IN CONNECTION WITH SUCH RELATIONSHIP. ALL RELATIONSHIPS BETWEEN MEMBERS ARE MAINTAINED INDEPENDENTLY BY SUCH MEMBERS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY SUCH MEMBERS. AT ANY AND ALL TIMES, MEMBERS SHOULD ENTER INTO RELATIONSHIPS WITH ONE ANOTHER WITH REASONABLE CAUTION, EXERCISING COMMON SENSE AND REMAINING MINDFUL OF ALL POTENTIAL RISKS. WE DO NOT HAVE CONTROL OVER THE QUALITY OF THE SERVICES ACTUALLY DELIVERED BY SITTERS, NOR OF THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF MEMBERS.

PLEASE PAY CAREFUL ATTENTION TO THE FOLLOWING: ANY ISSUES CONCERNING THE CONDUCT OF A PARENT OR SITTER INCLUDING, WITHOUT LIMITATION, THE SERVICES RECEIVED BY THE PARENT OR PAYMENT DUE TO THE SITTER, MUST BE RESOLVED DIRECTLY BY THE PARENT AND THE SITTER. ALTHOUGH THE VILLAGE CHILDCARE NETWORK TAKES REASONABLE STEPS TO ENSURE THE QUALITY OF SITTERS, THE VILLAGE CHILDCARE NETWORK IS NOT RESPONSIBLE FOR ANY OF THE ACTIONS OF A SITTER; IF YOU ARE A MEMBER AND DO NOT AGREE TO HOLD THE VILLAGE CHILDCARE NETWORK HARMLESS FROM ANY CLAIM CONCERNING THE ADEQUACY OF A SITTER OF THE ACTIONS OF A SITTER, DO NOT USE THE SERVICES. THE VILLAGE CHILDCARE NETWORK WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES DIRECT OR INDIRECT OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH ISSUES. BY USING THIS SITE OR OUR SERVICES, YOU DO HEREBY REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD THE VILLAGE CHILDCARE NETWORK HARMLESS FOR ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND ANY PARENT, SITTER OR OTHER USER(S) OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH PARENTS, SITTERS OR OTHER USERS OF THE SITE OR THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE. WE DO NOT REFER OR RECOMMEND EITHER PARENTS OR SITTERS NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES PROVIDED BY SITTERS OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF PARENTS OR SITTERS WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS. ANY SCREENING OF A PARENT OR SITTER AND HIS, HER OR ITS INFORMATION BY THE VILLAGE CHILDCARE NETWORK IS LIMITED AND SHOULD NOT BE TAKEN AS COMPLETE, ACCURATE, UP-TO-DATE OR CONCLUSIVE OF THE INDIVIDUAL’S OR ENTITY’S SUITABILITY AS AN EMPLOYER OR SITTER. USERS ARE SOLELY RESPONSIBLE FOR INTERVIEWING, PERFORMING BACKGROUND AND REFERENCE CHECKS ON, VERIFYING INFORMATION PROVIDED BY, AND SELECTING AN APPROPRIATE PARENT OR SITTER FOR THEMSELVES OR THEIR FAMILY.

PARENTS HEREBY ACKNOWLEDGE THAT SITTERS ARE INDEPENDENT THIRD-PARTY SERVICE PROVIDERS, AND ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF THE VILLAGE CHILDCARE NETWORK IN ANY WAY.

YOU ALSO HEREBY ACKNOWLEDGE THAT ANY SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY THE VILLAGE CHILDCARE NETWORK, IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT), IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH AN INDEPENDENT THIRD PARTY SERVICE PROVIDER, SUCH AS A SITTER.

Background Checks

The Village Childcare Network offers background check services which must be ordered by Sitters in order to register as a user on the Site and to receive the Services. These background check services are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.

The Village Childcare Network will receive a copy of each background check you authorize. You must review and approve your background check results prior to it being shared with The Village Childcare Network will not be automatically emailed a copy of the results, but may request one in writing. The Village Childcare Network may, upon request of a Parent, share the results of a background check for a prospective Sitter with such Parent. By agreeing to these Terms, you hereby consent to the sharing of such information with a Parent by The Village Childcare Network.

By using the Site or Services as a Sitter, you acknowledge and agree The Village Childcare Network will review and use the background checks you have authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed. If The Village Childcare Network terminates your membership or access to the Site on the basis of information in a background check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that The Village Childcare Network does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these background checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not The Village Childcare Network.

As a Parent, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of background check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal database, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database. The Village Childcare Network does not assume and expressly disclaims, and you hereby agree to release The Village Childcare Network from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.

Disclaimers; Limitation of Liability

The Village Childcare Network is not responsible for the conduct, whether online or offline, of any Parent, Sitter or other user of the Site or Services. All users, including both Parents and Sitters, hereby expressly agree not to hold The Village Childcare Network (or our officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any Parent, Sitter or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, The Village Childcare Network and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

You assume any risk, take full responsibility and waive any claims of personal injury, death or damage to personal property associated with The Village Childcare Network activities, events and any other act associated with The Village Childcare Network. You understand that The Village Childcare Network is a networking platform whereby individual agreements and relationships are conducted outside of the authority of The Village Childcare Network. We do not have any liability over the control over the services conducted between the individuals that voluntarily reach an independent agreement. You agree to these Terms freely, voluntarily, under no duress or assurance of any nature and intend it to be complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of these Terms is held to be invalid the balance, notwithstanding, shall continue in full force and effect. You certify that you fully understand the terms and conditions and completely understand the nature of these Terms.

THE SERVICES, THE SITE, ITS CONTENT AND ANY OTHER INFORMATION PROVIDED VIA THE SERVICES OR SITE ARE PROVIDED “AS IS” AND THE VILLAGE CHILDCARE NETWORK AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, SITE, DATA, REPORTS, FORMS, APPLICATIONS OR OTHER DOCUMENTS OR MATERIALS PROVIDED VIA THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW; (B) THAT ACCESS TO THE SERVICES, THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (C) THAT THE USE OF, OR THE RESULTS FROM THE USE OF, THE SERVICES OR THE CONTENT WILL BE CURRENT, CORRECT, COMPLETE, ACCURATE, RELIABLE OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR OTHER ISSUES THAT MAY ARISE FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA VIA THE SERVICES OR THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SOME OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Neither The Village Childcare Network, nor its Affiliates, shall be responsible or liable to you for any direct, indirect, incidental, special consequential or exemplary damages of any kind which may be incurred by you, however caused and under any theory of liability, including, without limitation, lost business or profits, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss that may result from your use of the Services or the Site. The limitations on our liability to you shall apply whether or not The Village Childcare Network has been advised or should have been aware of the possibility of any such losses arising.
Acceptable Use of Site and Services

We authorize you, and you agree, to use the Site and the Services solely for purposes permitted in these Terms and any applicable laws or regulations. The Site and the Services may be used only for lawful purposes.

The Site and the Services are protected under United States and foreign copyright, trademark (and other) laws. Unauthorized use of the Site or the Services may violate these laws, and is strictly prohibited. You acknowledge and agree that The Village Childcare Network (or our licensors) own all legal right, title and interest in and to the Site and the Services, including any intellectual property rights related thereto. You agree, (a) not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Site or the Services and (b) not to sell, reproduce, display, publicly perform, distribute, or otherwise use the Site or the Services in any other manner that is likely to cause confusion among consumers, that disparages or discredits The Village Childcare Network or its licensors, that dilutes the strength of our or our licensors’ property, or that otherwise infringes our or our licensors’ intellectual property rights.

Prohibited Use of Site and Services

Unless you have agreed otherwise in a separate written agreement with us, you agree not to (a) access (or attempt to access) the Site or any of the Services by any means other than through the user interface that is provided by us, (b) use any of our trade names, trademarks, service marks, logos, domain names, or brands, or (c) sell, resell, reproduce, duplicate, copy, transfer or trade the Site, the Services or information provided by The Village Childcare Network for any purpose.

Except as otherwise set forth herein, The Village Childcare Network specifically prohibits any other use of the Site or the Services, and you agree not to do any of the following: (i) use the Services or the Site for any purpose other than their intended purpose, (ii) take any action that imposes an unreasonable or disproportionately large load on the Services’ or the Site’s infrastructure, (iii) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the content of the Services or the Site, (iv) aggregate, copy or duplicate in any manner any of the content or information available from the Services or the Site, without express written consent from The Village Childcare Network, or (v) frame or link to any content or information available from the Services or the Site.

You are also prohibited from violating or attempting to violate the security of the Site or the Services, including without limitation, the following activities: (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from The Village Childcare Network, (3) attempting to interfere with service to any other user of the Site or the Services including, without limitation, via means of submitting a virus to our Sites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (5) taking any action in order to obtain Services to which you are not entitled, or (6) using the Site or the Services to create, transmit, distribute, or store material that (A) violates the intellectual property rights of third parties, (B) violates the privacy, publicity, or other personal rights of third parties, (C) impairs the privacy of communications of any party, or (D) assists or permits any persons in engaging in any of the activities described above. Violations of system or network security may result in civil and/or criminal liability.

The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Members for employment or contracting for a business not affiliated with The Village Childcare Network without written permission from us.
User Provided Content

Our content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. The Village Childcare Network does not assume any responsibility for the accuracy or reliability of any information provided by Sitters or Parents on or off this Site. We may offer certain users the opportunity to verify certain information. If we indicate that a user has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.

We are not responsible for any claims related to inaccurate or incomplete information provided by users of the Site. You are solely responsible for any content that you publish or display on the Site or transmit to other users of the Site or Services. You will not post, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to The Village Childcare Network or to any other user of the Site or the Services. You understand and agree that The Village Childcare Network may, in its sole discretion, review and delete any content, in each case in whole or in part, that in the sole judgment of The Village Childcare Network violates these Terms or which The Village Childcare Network determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.

You understand that all information, data, text, documents, software, graphics, video, advertisements, messages, files, third party links or other materials which you may have access to as part of the Services are the sole responsibility of the person from which such content originated, including without limitation any and all data, forms, applications and documents from third party sources. We do not guarantee that any such material provided obtained from third parties is current, complete, accurate or truthful or that such third party has the requisite permissions and authorizations to upload such content.

You acknowledge that any reliance on such material will be at your own risk. Further, you acknowledge and agree that we are not responsible for any decisions you make based upon content and the Site or Services, including but not limited to decisions based upon your use of reports, data, documents or other information made available via the Services or the Site.

You have the right, and hereby grant, to The Village Childcare Network, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by The Village Childcare Network will not infringe or violate the rights of any third party. Your use of the Site and the Services, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations.

To the maximum extent permitted by law, The Village Childcare Network disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users do hereby represent, understand and agree to hold The Village Childcare Network harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

Incidental Charges

You may incur charges incidental to using the Services or accessing the Site, for example, charges for Internet access, international and/or long distance phone service, text messaging, or other data transmission. You are responsible for the payment of any and all such charges.
Indemnification

In the event that you use the Site, content or Services, or any portion thereof, in any manner not authorized by us, or if you otherwise infringe any intellectual property rights or any other rights relating to other users, you agree to indemnify and hold The Village Childcare Network, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including attorneys’ fees, incurred by them as a result of unauthorized use of the Services and/or your breach or alleged breach of these Terms.

SITTERS agree to indemnify and hold The Village Childcare Network and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (i) a consumer's use of the Services or services or goods obtained through their use of the Services; (ii) the Sitter’s breach or violation of any of these Terms; (iii) The Village Childcare Network's use of consumer Content; or (iv) a Sitter’s violation of the rights of any third party, including Third Party Providers.

Limitation of Liability

THE VILLAGE CHILDCARE NETWORK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITE OR SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE VILLAGE CHILDCARE NETWORK, EVEN IF THE VILLAGE CHILDCARE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE VILLAGE CHILDCARE NETWORK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER OR ANY SITTER, EVEN IF THE VILLAGE CHILDCARE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE VILLAGE CHILDCARE NETWORK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE VILLAGE CHILDCARE NETWORK'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SITTERS ARE THIRD PARTY PROVIDERS PROVIDING SERVICES REQUESTED SOLELY THROUGH THE VILLAGE CHILDCARE NETWORK SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT SITTERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF THE VILLAGE CHILDCARE NETWORK. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH SITTERS AND THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT THE VILLAGE CHILDCARE NETWORK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY SITTERS OR THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE VILLAGE CHILDCARE NETWORK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Linking

The Site may provide links to other sites by allowing the user to leave the Site or the Services to access third-party material or by bringing the third-party material into the Services or the Site via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no ability or discretion to alter, update, or control the content on a Linked Site. You acknowledge and agree that The Village Childcare Network is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such Linked Site. The fact that we have provided Linked Site is not an endorsement or sponsorship of such site, its owners or its providers. You acknowledge and agree that The Village Childcare Network is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Linked Site. There are inherent risks in relying upon using or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each Site’s privacy and other policies and terms of service, and to contact that Site’s webmaster or site administrator with any concerns. We prohibit caching unauthorized hypertext links to the Site and the framing of any content available through the Services or via the Site. We reserve the right to disable any unauthorized links or frames, and specifically disclaim any responsibility for the content available on any other Internet sites linked to the Site. You may not create a link to the Site without our express written permission.

Arbitration

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against The Village Childcare Network on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against The Village Childcare Network, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against The Village Childcare Network by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against The Village Childcare Network.

(a) Agreement to Binding Arbitration Between You and The Village Childcare Network. Except as expressly provided below in Section 2(b), you and The Village Childcare Network agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with The Village Childcare Network, will be settled by binding arbitration between you and The Village Childcare Network, and not in a court of law. This Agreement survives after your relationship with The Village Childcare Network ends. You acknowledge and agree that you and The Village Childcare Network are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.

(b) Exceptions to Arbitration Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; (iii) any dispute related to or arising from allegations associated with unauthorized or prohibited use of the Services or the Site; and/or (iv) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against The Village Childcare Network. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against The Village Childcare Network and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, The Village Childcare Network agrees to honor your election. The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Agreement as to any other controversy, claim or dispute.

(c) Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and The Village Childcare Network agree that the arbitrator will decide that issue. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms. Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

(d) Process. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and The Village Childcare Network each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to The Village Childcare Network must be sent to The Village Childcare Network LLC, Attn: Legal Department, 1312 3rd Street Coronado, California 92118 and via email to thevillagechildcarenetwork@gmail.com. Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph. Initiating Arbitration. In order to initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against The Village Childcare Network must send the written Demand for Arbitration to The Village Childcare Network LLC, Attn: Legal Department, 1312 3rd Street Coronado, California 92118 and via email to thevillagechildcarenetwork@gmail.com, or serve the Demand on The Village Childcare Network’s registered agent for service of process, c/o The Village Childcare Network LLC. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The Arbitrator will be selected by the parties from the AAA's National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

(e) Location and Procedure. Unless you and The Village Childcare Network otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documents you and The Village Childcare Network submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

(f) Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The prevailing arty in arbitration shall have the right to recover attorneys' fees and expenses.

(g) Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

(h) Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

DMCA Notice

We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office Site at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Services or via the Site if such claims are reported to our designated DMCA Copyright Agent. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (a) description of the copyrighted work that is the subject of claimed infringement, (b) description of the infringing material and information sufficient to permit us to locate the alleged material, (c) contact information for you, including your address, telephone number and/or e-mail address, (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Termination

These Terms will continue to apply until terminated by either you or The Village Childcare Network as set forth herein; provided, however that these Terms will continue to apply after such termination with respect to (A) any content you have downloaded from or provided to the Site or via the Services or (B) any other legal rights, obligations and liabilities that you have been subject to (or which have accrued over time while these Terms have been in force) or which are expressed herein to continue indefinitely. The “Jurisdiction” section below shall continue to apply to all such rights, obligations and liabilities indefinitely.

You may cancel your legal agreement with us at any time by (a) notifying The Village Childcare Network in writing, and (b) ceasing to use the Services and access the Site. At such time as you or The Village Childcare Network terminates these Terms, your login credentials will be de-activated. The Village Childcare Network may terminate its legal agreement with you if (i) you have breached any provision of these Terms (or have acted in manner which demonstrates, in our sole discretion, that you do not intend to, or are unable to comply with these Terms), (ii) The Village Childcare Network is required to do so by law (for example, where the provision of the Services to, or access to the Site by, you is, or becomes, unlawful), (iii) The Village Childcare Network is transitioning to no longer providing the Services or the Site to users in the country in which you reside or from which you use the Services or access the Site, or (iv) the provision of the Services or access to the Site to you by The Village Childcare Network is, in our opinion, no longer commercially viable.

Jurisdiction; International Use

The Terms, and your relationship with The Village Childcare Network under these Terms, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the local, state, or federal courts located in San Diego County, California, solely in the event arbitration is not applicable as outlined above, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, you agree that The Village Childcare Network shall be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The Village Childcare Network makes no representation that the Site or the Services are appropriate or available for use in locations outside the United States. Accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

General

You may not assign these Terms without The Village Childcare Network's prior written approval. The Village Childcare Network may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of The Village Childcare Network's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, The Village Childcare Network or any Sitter as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Village Childcare Network's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Village Childcare Network in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.



Arbitration Agreement

GOVERNING LAW: This Contract shall be governed by the laws of the State of California. The parties agree that prior to the institution of Arbitration as hereinafter set out, they will have the option of at¬tempting to settle any dispute or claim between them whether arising out of this document, the breach, or the interpretation thereof, to non-binding mediation in terms of the California Mediation Act, California Statutes. All cost of mediation shall be born equally by the parties. The parties specifically and irrevocably agree, subject to the provision for Mediation referred to above, to submit any controversy or claim arising out of or relating to this Contract, or the breach thereof, to resolution by arbitration in accordance with the com¬mercial arbitration rules of the American Arbitration Association (A.A.A.).A judgment upon any award rendered by the arbitrator/s shall be entered by a court having subject matter jurisdiction therein and all parties expressly waive any challenge to the use of arbitration in accordance with this Paragraph. The parties hereto agree that jurisdiction and venue for the hearing of the arbitration and the entry of judgment upon said arbitration award shall be in San Diego County, California. The arbitrators are directed to award the expenses of the arbitration, including required travel and other expenses of the arbitrator/s and any costs of the arbitrators' representatives, the costs and charges of the American Arbitration Association, all reason¬able attorney's fees and costs, to the prevailing party in the arbitration. They shall be entitled to all information and copies of all documents relating to the mediation or arbitration from the Mediator or Arbitrator and the parties. If the parties waive their rights to Arbitration, which waiver must be in writing and signed by the parties, they agree that any court of competent jurisdiction shall award the costs of the suit, including reasonable attorney’s fees and expenses, to the prevailing party.


Last Updated: June 9, 2022

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