Effective as of October 1, 2023 (“Effective Date”).
2. NoHo Portal Account
- 2.1. Registration. When registering for a new account through the Account Portals (“Account”, “NoHo Account”), you will be asked for information such as your full name, email address, and date of birth. You will also be asked to select a password for your Account. You agree to provide and maintain truthful, complete, and accurate information when you create your Account. You are responsible for the confidentiality of your password and agree not to let anyone besides the registered account holder use the Account.
- 2.2. Membership. The Account Portal offers two types of accounts: a “Parent Portal” for parents, and a “Provider Portal” for child care providers. Currently, both the Parent Portal and the Provider Portal are free of charge. At any time, CCRC may provide promotional rates which may or may not be more favorable than the terms under which you entered this Agreement, and which may not be available to you as an existing user. All fees and account levels are subject to change, and existing holders of an Account any applicable level will be provided with at least thirty (30) days’ notice of any material change to their Account. If you do not want to accept these changes you must request to cancel or delete your Account immediately.
- 2.3. Communications. By creating your Account, you agree to receive periodic emails and messages from CCRC or our trusted service providers. You may opt out of receiving communications from us by emailing us at [email protected], through our Contact Us page, or by clicking the relevant unsubscribe or preferences link located in the communication.
- 2.4. Changes to Your Account or Account Deletions. You can delete or make changes to your Account at any time by logging in with your username and password on the Site and selecting the settings menu. You can also delete your Account by emailing us at [email protected] or calling us at 1-866-67-4KIDS. We may need additional information from you to verify your identity and carry out your request.
If you are not at least sixteen (16) years old, you may not register for an Account or use the Site. If you are under eighteen (18) years old but older than sixteen (16) years old, you must present these Terms to your parent or legal guardian, and they must agree to enter into these Terms on your behalf. By continuing to access the Services you represent that you are eighteen (18) years old, or that you are between sixteen (16) and eighteen (18) years old, and have obtained the requisite consent from a parent or guardian if applicable. You must be at least 18 years of age to register and be eligible to be a provider on the Provider Portal. Registration and eligibility for the Provider Portal is at the sole discretion of CCRC and may have additional requirements per applicable law and regulations.
If you are a parent or guardian registering for an Account for the benefit of your child, please be aware that you are fully responsible for his or her use and conduct when using the Services, including all financial charges and legal liability that they may incur. If you do not agree to or cannot comply with any of the Terms, do not attempt to access the Services.
If you are a parent and believe your child has set up an Account or that we have otherwise collected your child’s personal information, please contact us at [email protected] or call us at 1-866-67-4KIDS.
4. Suspension and Termination
CCRC may suspend or terminate your access and use of the Site or Account Portals at its sole discretion. This includes termination for any reason set forth in these Terms or in the event of your breach of any term in this Agreement. In the event your access is terminated, any and/or all of your information is subject to removal from the Site, Account Portals, and servers, and may not be available to you after such termination.
Any termination of access shall not affect CCRC’s rights or remedies available under this Agreement, California Law, and any other applicable law.
5. User Content
6. Acceptable Use
CCRC strictly enforces compliance with the acceptable use terms set forth below:
- 6.1. You agree that you will not violate the laws, regulations, ordinances, or other such requirements of any applicable Federal, State, or local government.
- 6.2. You agree not to take any action that will cause any harm of any kind to minors, or to perform any activity which is likely to cause such harm.
- 6.3. You agree not to transmit any unsolicited commercial or bulk email.
- 6.4. You agree to use the Site and Account Portals only for the purposes intended under this Agreement.
- 6.5. You agree not to make or attempt any unauthorized access to the CCRC servers, the Account Portals, or to any CCRC accounts.
- 6.6. You agree not to undertake any action which is harmful or potentially harmful to the CCRC server structure.
- 6.7. You agree to provide true, accurate, current, and complete information about yourself when providing information about yourself.
7. Payments and Donations
When making a purchase or donation on the Site, you must provide valid payment and billing information to our trusted service providers and agree to be bound by their terms. The price of any products you purchase will be displayed to you clearly. By agreeing to purchase a product you agree to pay the price listed at the time of your order, including any applicable taxes, and to be billed using your selected payment method. When you make a purchase from the Site, you represent and warrant that you have the capacity to enter into a contract under applicable law.
8. Modifications to the Site and Services Offered
CCRC is constantly adapting and innovating in order to provide the best experience to its users. CCRC reserves the right to make any changes, additions, or to discontinue all or a portion of the Services without prior notice to you.
9. Warranties and Limitations
- 9.1. CCRC IS COMMITTED TO MAINTAIN THE OPERATION OF THE SERVICES, HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCRC DOES NOT IN ANY WAY WARRANT OR OTHERWISE GUARANTEE THE AVAILABILITY OF THE SERVICES AND IS NOT RESPONSIBLE FOR ANY DELAY OR LOSS OF DATA OR ANY OTHER SUCH ISSUES.
- 9.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- 9.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CCRC BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR LOSS OF BUSINESS AS THE RESULT OF ANY ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
- 9.4. THERE SHALL BE NO WARRANTY OR GUARANTEE OF ANY KIND OTHER THAN AS MAY BE EXPRESSLY STATED HEREIN.
- 9.5. The disclaimers, exclusions, or limitations of warranties, liabilities, and damages in this section may not be allowed in your jurisdiction. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
- 10.1. You agree to fully defend and indemnify and hold harmless CCRC or and from any and all third-party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or your negligence whether active or passive or any negligence of CCRC in any way related to your use of the CCRC Services or any portion thereof.
- 10.2. You assume all responsibility of and from any loss, theft, or other destruction of any data as the result of any access to your Account. You further agree to defend and indemnify and hold harmless CCRC of and from any and all third-party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential account information such as your username and password. Choice of counsel remains exclusively that of CCRC.
11. Ownership of Intellectual Property; Confidentiality
- 11.1. You agree and understand that during the term of this Agreement and thereafter you may come into possession of CCRC’s confidential and proprietary information. You acknowledge that all right and title to any such intellectual property shall remain the sole property of CCRC and that you have no right, title, or interest therein. You further agree not to provide access to the CCRC Services to any third-party. You agree not to in any way translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market, or otherwise dispose of any portion of the Services, and also agree not to assist any third-party in doing so in any way. Any and all right or title to any engineering, coding, programming or customer service work around, or other modification of the CCRC Services shall also remain the sole property of CCRC.
- 11.2. You are granted a non-exclusive, non-transferable, fully revocable license to access and use Services for personal use. No portion of the Services may be copied, sold, retransmitted, or otherwise used for any reason without the express advance written consent of CCRC. You agree and understand that CCRC or its affiliates own all legal right, title, and interest to the Services. Nothing in these Terms aside from this paragraph gives you a license or right to use the intellectual property of CCRC, including any trademarks, service marks, logos, domain names, and copyrighted information without a written Agreement between you and CCRC.
- 11.3. By sending, displaying, transmitting, or otherwise distributing information or other content to CCRC, you grant CCRC its affiliates, officers, directors, employees, consultants, agents, and representatives a nonexclusive, royalty-free, worldwide license to use, copy, distribute, transmit, display, reproduce, and edit your information or content, subject to applicable law.
If you believe you are having a medical emergency, dial 911 immediately for help.
CCRC does not provide medical advice to its users. The contents of the Services including text, graphics, images, and other material are for informational purposes only. Nothing contained as part of the Services is or should be considered or used as a substitute for professional medical or mental health advice, diagnosis, or treatment, and CCRC disclaims any and all liability and responsibility arising from your reliance on the Services.
Never disregard, avoid, or delay in obtaining medical advice from a qualified healthcare provider based on information obtained through the Services. CCRC encourages you to seek the advice of your physician or other qualified healthcare provider for any questions you may have. Reliance on any information provided by CCRC, its employees, partners, or other customers of the Services is solely at your own risk. CCRC does not recommend or endorse any specific test, facility, provider, product, procedure, opinion, or other information that may be mentioned on the services.
13. Links to Other Websites
The Site may provide links that take you to other websites not controlled by CCRC. These linked websites are governed by their own privacy policies that are different from that of CCRC. CCRC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. CCRC is not responsible for the collection, use, disclosure, or protection of information collected through these websites, and CCRC expressly disclaims any and all liability related to such collection, use, or disclosure.
14. Force Majeure
In the event either party is unable to perform its obligations under the terms of this Agreement due to an event, occurrence, or contingency beyond its reasonable control, including but not limited to: acts of God, earthquakes, strikes, pandemics, riots, war, or governmental requirements, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
This Agreement and the rights hereunder are not assignable or transferable except that CCRC may assign its rights hereunder. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
You agree that if CCRC does not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to, it does not constitute a formal waiver of CCRC’ rights and that those rights or remedies will still be available to CCRC.
In the event that any provision or part of this Agreement is held to be invalid or unenforceable, such invalidity shall not affect the validity or operation of any other part or provision and such part or provision shall be deemed to be severed from the Agreement.
18. Governing Law and Venue
This Agreement shall be governed and interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this Agreement for the breach of this Agreement or any action or claim in any way relating to this Agreement shall be venued in the state courts of the State of California, Los Angeles County. The parties to this Agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
19. Background Checks
- 19.1. Regarding license-exempt child care providers: Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation, and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1-800-822-8490.
- 19.2. Regarding child care providers required to be licensed: “Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ website at www.ccld.ca.gov.
CCRC may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on this page consistent with applicable law. Each and every such amendment shall be become effective immediately for all pre-existing and future users. You are encouraged to check these Terms from time to time to be aware of any changes. If any such amendment or modification is a material change to your NoHo Account, you will receive a notice via the email associated with your NoHo Account within a reasonable amount of time before the material changes become effective to give you an opportunity to make changes to or cancel or delete your Account.
21. No Agency
You agree and understand that notwithstanding any other provision of this Agreement, CCRC is not your agent, partner, or joint venturer in any respect.
Any notice under this Agreement shall be given by CCRC to you via email, if you have provided us with your email address. To change the email address associated with you, contact us at SASR@ccrcca.org. We will also post notices on the Site as necessary.
Sections 3-23, inclusive, of this Agreement shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.
24. Contact Us
By visiting our Contact Us page on our website: https://www.ccrcca.org/contact
By phone: 1-866-67-4KIDS
By mail: Child Care Resource Center, Inc., 20001 Prairie St, Chatsworth, CA 91311