ChildNEXUS - Terms

ChildNEXUS® Terms Of Use

1. Agreement to Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms are a legal contract between you and West LA Neuropsychology, P.C., a California professional corporation doing business as ChildNEXUS® (“ChildNEXUS”, “we”, “us”, or “our”).

These Terms govern your use of ChildNEXUS.com and related websites, applications, services and mobile applications (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and the terms of our Privacy Policy, whether or not you choose to create an account. To use the Services, you must accept all of the terms of this agreement. If you disagree with these Terms or find them unacceptable in any way, do not use the Services.

If you use the Services on behalf of an individual or entity other than yourself (such as your child), you represent that you are authorized by such individual or entity to enter and accept these Terms on such individual’s or entity’s behalf.

2. Changes to Terms of Use and Services

To the fullest extent permitted by law, we reserve the right to change these Terms at any time in our sole discretion and to notify users of any such changes by posting the amended Terms on our websites or mobile applications (collectively, the “Site”). The most current version of these Terms will supersede all previous versions. Your continued use of the Services after the posting of any amended Terms shall constitute your agreement to be bound by such changes

We may from time to time add new Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. The use of new services will be governed by these Terms. You agree that we will not be liable to you or any third party for any change, suspension or discontinuation of any of the Services or portion thereof.

3. Privacy Policy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from its users. Upon acceptance of these Terms you confirm that you have read, understood, and accepted our Privacy Policy

4. Medical Emergencies

IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. DO NOT RELY ON THE SERVICES FOR A MEDICAL EMERGENCY.

5. Age Restrictions

The Services and this Site are intended for users who are 18 years of age and above. Some of the content on the Site may be inappropriate for children. You must be 18 years of age or older to create an account with us or use the Services. Children under the age of 13 may not use the Site or Services. If you are between the ages of 13 and 18, you may use the Services only under the supervision of your parent or guardian who has agreed to these Terms

No part of the Services is directed at persons under 13 and ChildNEXUS does not knowingly collect or maintain personally identifiable information from persons under 13 years of age without verifiable parental consent. If you are under 13 years of age, then please do not use the Services. If ChildNEXUS learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then ChildNEXUS will take the appropriate steps to delete this information.

If are not eligible to access the Site or Services under these Terms, do not use the Site or Services. ChildNEXUS disclaims any and all liability arising from use of the Site or Services by individuals under the age of 18.

6. Information On The Site Is Not Medical Advice

The Site and Services were created to help you understand your child’s needs and identify qualified professionals to help with their development. This includes allowing Healthcare Providers and Registered Users such as yourself to provide Content to the site that others can access. “Content” as used herein includes, but is not limited to, all written materials, articles, data, images, photographs, search results, blogs, and other information and materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings.

The Content made available through the Service is for educational and informational purposes only and does not constitute medical or treatment advice. Although we do encourage that the Content is accurate and helpful, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you.

THE SERVICES AND CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE, NOR A REPLACEMENT, FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES IS NOT INTENDED TO BE, AND SHOULD NOT BE RELIED UPON OR CONSTRUED AS, THE PRACTICE OF PROFESSIONAL HEALTHCARE OR MEDICAL ADVICE OR THE PROVISION OF MEDICAL CARE.

UNDER NO CIRCUMSTANCES SHOULD YOU DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BASED ON THE CONTENT OR SERVICES. USE THE SERVICES AND CONTENT IS COMPLETELY AT YOUR OWN RISK.

ChildNEXUS does not recommend, endorse, screen, or approve of any medical procedures, tests, data, or other information that may be addressed in the Content or suggested to you by Healthcare Providers. Additionally, ChildNEXUS does not necessarily endorse, share, or claim the same values, opinions, or beliefs of the Content or of its creators. In addition, ChildNEXUS may publish, provide, link to or utilize third-party data and other content, on the Sites or in connection with the Services (collectively the "Third-Party Content") as a service to those interested in this information.

ChildNEXUS does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy, currency, or completeness. You acknowledge and agree that ChildNEXUS is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content and anything derived therefrom at their own risk.

7. No Patient Relationship Is Formed Through The Services

NO PATIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, THROUGH USE OF OUR CONSULTATION SERVICES. A provider-patient relationship can only be formed directly between you and your chosen health care provider(s) once you separately agree with them to retain their services.

ChildNEXUS offers consultations to provide users with education, NOT to make a diagnosis or provide or recommend treatment. Consultations are not a form of or substitute for receiving health or medical care, and communication with a professional for a consultation does not create or constitute a professional clinical relationship. In addition, any charges for any medical or related services rendered by Healthcare Providers are entirely separate from the Services offered by the Website, and are entirely your responsibility. Any dispute between you and any Healthcare Provider must be resolved directly with the Healthcare Provider.

8. We Do Not Endorse Or Recommend Health Care Providers

In connection with using the Site and the Services to connect with a Healthcare Provider and schedule appointments, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. Some Providers listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through the Services. To assist you in finding a suitable Healthcare Provider, we will provide you with lists and/or profiles of Healthcare Providers based on information you have provided to us, information obtained in compliance with the Agreements, information provided to us by Healthcare Providers. Please note that this does not mean ChildNEXUS (a) recommends or endorses any Healthcare Providers and (b) makes any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide.

ChildNEXUS makes reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by law or necessary credentials and qualifications to practice the specialties of the services offered by them. However, you are solely responsible for selecting and determining the suitability of Healthcare Providers you use, and for obtaining any additional information that is required to make an informed decision prior to utilizing any healthcare provider. This is true even if you obtained information about such Healthcare Provider through the Services or ChildNEXUS assisted in contacting or scheduling with such Healthcare Provider.

To provide you with even more options in searching for a Healthcare Provider, we may display additional Healthcare Provider profiles on the Site, such as displaying profiles of similar Healthcare Providers which we think may fit your scope of search. These results should not be considered an endorsement or recommendation by ChildNEXUS of the Healthcare Provider. We encourage you to independently confirm any information or Content you rely on, through other sources, including but not limited to, contacting the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. You may wish to contact, among others, the California Medical Board, the national Practitioners Data Bank, the California Board of Psychology, The National Register of Health Service Psychologists, the California Board of Behavioral Sciences, the Association of Educational Therapists, the Board of Registration of Social Workers, the Speech Language Pathology & Audiology & Hearing Aid Dispensers Board, the Board of Registration of Allied Mental Health and Human Services Professionals.

WITH THE EXCEPTION OF KAREN WILSON, PH.D (WHO OWNS CHILDNEXUS AND IS EMPLOYED BY WEST L.A. NEUROPSYCHOLOGY, P.C.), CHILDNEXUS DOES NOT RECOMMEND, EMPLOY, OR ENDORSE ANY HEALTHCARE PROVIDER, INCLUDING THOSE HIGHLIGHTED OR FEATURED PROMINENTLY IN SEARCH RESULTS. WE DO NOT MAKE ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER INFORMATION WITH RESPECT TO THE HEALTHCARE PROVIDERS, OR ANY OTHER CONTENT AVAILABLE THROUGH OUR SERVICES OR SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY SUCH INFORMATION OR CONTENT. CHILDNEXUS IS NOT RESPONSIBLE FOR ANY CONDUCT OF THE HEALTHCARE PROVIDERS THAT UTILIZE THE SERVICES. EACH HEALTHCARE PROVIDER IS RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS IN CONNECTION WITH THE PROFESSIONAL RELATIONSHIP THEY ESTABLISH WITH YOU, AND CHILDNEXUS IS NOT RESPONSIBLE FOR SUCH COMPLIANCE.

ChildNEXUS makes no representations or warranties of any kind regarding, and disclaims all responsibility or liability for: (a) the quality or suitability of any Healthcare Provider for you; (b) any advice, treatment or other services rendered and any claims arising therefrom; (c) the results obtained from any Healthcare provider; (d) the conduct or actions of any Healthcare Provider; (e) the accuracy, quality, advice, or information obtained by other registered users; and (f) the accuracy of any information accessed through the Services.

9. User-Generated Content; User Conduct

The Services may include interactive areas (“Interactive Areas”), such as forums, in which you or other users create, post or store any content, messages, reviews, materials, text, photos, video, graphics, or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of ChildNEXUS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose ChildNEXUS or its users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while on the Site and in connection with the ChildNEXUS Service, and you agree that you will not do any of the following in connection with the Site, the ChildNEXUS Service or its users:

Use the Sites or the ChildNEXUS Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Harvest or otherwise collect information about users, including email addresses, without their consent;
Scrape the Site or the ChildNEXUS Service or otherwise use any data mining, robots or similar data gathering or extraction methods in connection therewith;
Use the Sites or the ChildNEXUS Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or
Circumvent or attempt to circumvent any filtering, security measures or other features ChildNEXUS may adopt to protect the Site, the Service, its users or third parties.

ChildNEXUS takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is ChildNEXUS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms is solely at Child Nexus’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of Child Nexus’s right to enforce such rules in other instances.

In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, ChildNEXUS is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although ChildNEXUS has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, ChildNEXUS reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.

If you post User Content to the Sites, unless ChildNEXUS indicates otherwise, you grant ChildNEXUS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Sites and the promotion thereof including without limitation the right to use your name, likeness, voice or identity. You grant ChildNEXUS and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if ChildNEXUS chooses. You understand and agree that the use of your or other users’ name, likeness, voice or identity in connection with various features on the Sites does not imply any endorsement of such feature or of the Sites of the ChildNEXUS unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

10. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, images, photos, original or creative materials or other information, regarding ChildNEXUS, the Sites, or the ChildNEXUS Service, that are provided by you in the form of email or other submissions to ChildNEXUS, or any postings on the Sites, are non-confidential and shall become the sole property of ChildNEXUS. ChildNEXUS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Your Account Credentials

To use all of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form (“Registration Data”). You will be required to create an account name and password (“Credentials”). You are responsible for maintaining the confidentiality of your Registration Data and Credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You accept all risk of unauthorized access to the Registration Data and any other information you provide to us. You represent and warrant that: (a) all required Registration Data you submit is truthful and accurate; and (b) you will maintain the accuracy of such Registration Data by updating as necessary. You are only authorized to create and use one account for the Service and are prohibited from utilizing alter-egos or other disguised identities when utilizing the Services. You may delete your Account at any time, for any reason. We may suspend or terminate your Account in accordance with these Terms and in our sole discretion. We are under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Services.

12. Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries

If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you create an Account, utilize the Services for scheduling appointments or any other means, you acknowledge and agree that:

You will not use the Services to view, access or otherwise use, directly or indirectly, the prices, location, or any other information provided by the Healthcare Providers and the Content for any purpose other than your own personal use as a prospective patient.
You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

13. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CHILDNEXUS, ALL SERVICES, CONTENT AND SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

CHILDNEXUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. CHILDNEXUS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE.

WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CHILDNEXUS MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law: (a) in no event shall ChildNEXUS, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use any providers, the sites, the ChildNEXUS service, the Content, the User Content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by user on any information obtained from ChildNEXUS, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to ChildNEXUS's records, programs or services; and (b) in no event shall the aggregate liability of ChildNEXUS, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any providers, the ChildNEXUS service, the sites, and the site materials, exceed any compensation you pay, if any, to ChildNEXUS for access to or use of the sites and the ChildNEXUS service.

15. Termination

Notwithstanding any of these Terms, ChildNEXUS reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

16. Indemnification

You agree to defend, indemnify, and hold harmless ChildNEXUS and our officers, employees, independent contractors, suppliers and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or relating to (a) your use of the Site and/or Services, (b) your violation of the Agreements, (c) your violation of applicable laws or regulations or (d) Your User Content, including without limitation any actual or threatened suit, demand or claim made against ChildNEXUS and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

17. Copyright Matters; Copyright Complaints

All Content is the intellectual property of the Company and its contributors. Unauthorized distribution, republication, or copying of any Content in any form is strictly prohibited.

It is ChildNEXUS’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to lo cate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized18 representative.

ChildNEXUS’s agent for copyright issues relating to this Site is as follows:

ChildNEXUS
Attention: Karen Wilson, Ph.D.
11340 W. Olympic Blvd., Suite-381
Los Angeles, CA 90064
Phone: (310)-208-9105
Fax: (310) 943-2690
copyright@ChildNEXUS.com

In an effort to protect the rights of copyright owners, ChildNEXUS maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

18. Applicable Law and Venue

These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

19. Arbitration Agreement; Class Waiver

Please read the following paragraphs carefully because they require you to arbitrate disputes with ChildNEXUS, and limit the manner in which you can seek relief from us.

All claims and disputes in connection with the Terms or the use of any product or service provided by ChildNEXUS that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that neither party is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and ChildNEXUS, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

The arbitrator will decide the rights and liabilities, if any, of you and ChildNEXUS, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ChildNEXUS.

YOU AND CHILDNEXUS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and ChildNEXUS in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CHILDNEXUS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this sub-paragraph is deemed invalid or unenforceable, neither you nor ChildNEXUS are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Los Angeles County, California.

No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Notwithstanding the foregoing, either you or ChildNEXUS may bring an individual action in small claims court. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles, California, for such purpose.

This Arbitration Agreement will survive the termination of your relationship with ChildNEXUS.

20. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

21. Questions & Contact Information

If you have any comments, concerns or questions about these Terms or our Services, please contact us at:admin@ChildNEXUS.com or at:

ChildNEXUS®
Attention: Customer Service
11340 W. Olympic Blvd., Suite-381
Los Angeles, CA 90064
Phone: (310) 208-9105
Fax: (310) 943-2690