1. Nature of Our Site and Services
The Site offers tools, resources and a venue to connect individuals or organizations seeking child care services (“Parents”) with people who seek to provide those child care services (“Grandmas,” and collectively with Parents, “Members”). Gma Village is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Members.
Gma Village does not have control over or supervise Grandmas. Gma Village has no control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the child care or other services provided by Grandmas or of the integrity, responsibility or actions of the Members. We neither refer nor recommend Parents or Grandmas. We do not make any representations about the suitability, reliability, timeliness or accuracy of the child care or any other services provided by Grandmas or the integrity, responsibility or actions of Members whether in public, private or offline interactions. Gma Village makes no further representations about Members. You assume all risk when using the Site and Services, including all of the risks associated with any public, private or offline interactions with Members. ALL USE OF THE SITE AND SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2. Transactions Are Solely Between MEMBERS
2.1 Transactions. WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN MEMBERS. Members arrange for child care and other services solely between themselves, and Gma Village is not a party to any of those arrangements. Gma Village is not an employment service and does not serve as an employer of any Member.
By requesting to use, registering to use or using the Site or Services, you represent and warrant that you currently meet and will continue to meet the following Eligibility Conditions:
a) If you are an individual, you are at least 18 years of age and at least the legal age of majority in the state in which you reside;
b) Neither you, nor any member of your household, or, as applicable, any person at the location where child care services are provided or received has ever been (a) 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, dishonesty, negligence or drugs, and (b) registered, or is currently required to register, as a sex offender with any government entity; and
c) You comply with all laws, rules and regulations in connection with your use of the Site or Services and any child care services arranged through the Site or Services. If you are a Grandma, you will have legal authorization to work in the jurisdiction in which you seek to provide child care services. If you receive government benefits or assistance of any kind that requires disclosure of any income, you will comply with such disclosure requirement.
By using the Site and Services, you understand and agree that Gma Village and each Member may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Gma Village may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or promptly discontinue using the Site and Services. You must immediately discontinue use of the Site and Services if at any time you no longer meet the Eligibility Conditions. If Gma Village becomes aware of or believes that there are violations of the Eligibility Conditions by any Member or that the Member has otherwise provided any false or misleading information, it may, among other things, suspend and terminate such Member with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Site and Services after termination or during suspension.
4. Verification and Background Checks
4.1 Screening. Any screening of a Member and his or her information by Gma Village is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s suitability as a care provider.
4.2 Verification. You understand and agree that Gma Village does not routinely verify that any or all of the Eligibility Conditions are met by any Member and you further understand and agree that Gma Village is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Site or Services by any Member who does not meet the Eligibility Conditions.
You agree that Gma Village retains the right, but has no obligation, to take such action with respect to your Gma Village account based on the information provided by the 3rd Party Verification Service as it deems appropriate in its sole discretion.
Gma Village does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information, and not Gma Village.
You agree to take all necessary precautions when interacting with Members. You should make your own assessments of the persons with whom you decide to interact with, engage, provide child care or other services to or from whom you receive child care or other services.
5. Use of Site and Services
5.1 Registration, Posting and Content Restrictions. The following rules pertain to the material, data, and information that you upload or transmit through the Site or Services, provide to Gma Village for the purpose of profile creation or that other Members upload or transmit, (hereinafter, “post”) (“Member Content”). By transmitting and submitting any Member Content while using our Site, you agree, represent and warrant as follows:
a) You are responsible for providing accurate, current and complete information to Gma Village in connection with your registration for use of the Site and Services.
b) You will register your account in your own legal name and only for your own personal use. In the case of organizations, you will register your account in the name of your organization and only for the use of the organization. You will only use your account to access the Site.
c) You are responsible for any Member Content that you post on the Site or transmit to other Members. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including that you have authorization from a parent or guardian of any minor who is the subject of any Member Content you post to post such Member Content.
e) You have the right, and hereby grant, to Gma Village, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Member Content and to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Member Content by Gma Village will not infringe or violate the rights of any third party. (“Affiliated Parties” means Gma Village’s fiscal sponsor (“Fiscal Sponsor”), and Fiscal Sponsor and Gma Village’s respective employees, directors and other representatives.)
f) Your use of the Site and Services, including the Member Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
g) Gma Village is not responsible for any claims relating to any inaccurate, untimely or incomplete information posted by Members on the Site.
To the maximum extent now or hereafter permitted by law, Gma Village disclaims any liability whatsoever for any misstatements or misrepresentations made by any Members using the Site or Services. Members hereby represent, understand and agree to release and hold Gma Village harmless for any misstatements or misrepresentations made by or on behalf of them on the Site.
5.2 Prohibited Uses. By using the Site and Services of Gma Village, you agree that you will not under any circumstances:
a) post on the Site, or transmit to other users, any defamatory, inaccurate, misleading, defamatory, abusive, obscene, profane, offensive, racially or sexually oriented, threatening, harassing or illegal material, or any material that infringes or violates another party’s rights, or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Member Content emanates from Gma Village where this is not the case;
b) use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Gma Village or for the promotion of illegal activities;
c) attempt to, or harass, abuse or harm another person or group;
d) provide false or inaccurate information when registering an account on Gma Village, using the Site or Services or communicating with other Members;
e) attempt to re-register with Gma Village if we have terminated your account for any or no reason;
f) interfere or attempt to interfere with the proper functioning of the Site or Services;
g) use the communication systems provided by or contacts made through Gma Village for any commercial solicitation purposes;
h) publish or link to malicious content intended to damage or disrupt another Member’s browser or computer.
Should Gma Village find that you violated the terms of this Section 5.2 or any terms stated herein, Gma Village reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.
5.3 Gma Village Rules. You agree to follow and abide by the Gma Village Rules, found in Exhibit A of this Agreement. You understand and agree that Gma Village may revise the Gma Village Rules from time to time and that you will abide by such revised Gma Village Rule or immediately discontinue using the Site and Services. If Gma Village becomes aware of or believes that there are violations of the Gma Village Rules by any Member, it may, among other things, suspend and terminate such Member with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Site and Services after termination or during suspension.
In any event, Gma Village also reserves the right, in its sole discretion, to terminate or suspend your access to the Site and Services, to remove your profile from the Site and to terminate your account with Gma Village, for any reason or no reason, with or without notice. If we terminate your account, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any Member’s access to the Site or the Services, Gma Village reserves the right to send a notice thereof to any other Member with whom we believe the terminated individual has corresponded.
Our decision to terminate a Member’s account or to notify any other Member with whom we believe the terminated individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the terminated individual’s character, general reputation, personal characteristics or mode of living.
Gma Village hereby expressly disclaims, and you hereby expressly release and agree to hold harmless Gma Village and Gma Village’s Affiliated Parties from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to termination of your access to the Site or Services.
7. Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the “FCRA”), we are notifying you that the 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be “consumer reports” subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living. If Gma Village takes adverse action with respect to your account based on information contained in a consumer report, Gma Village will notify you and provide you the name and contact information of the 3rd Party Verification Service that created the report. Gma Village will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.
If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use or share information provided by a 3rd Party Verification Service with any other party (either through the Site, Services or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Gma Village and its Affiliated Parties from any loss, liability, damage or costs that may result from such access, use, or sharing of this information, regardless of the cause. Gma Village does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
8. Third Party Sites
The Site may include links to other websites or applications (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
9. TRUSTLINE AND BACKGROUND CHECKS IN CALIFORNIA
California Business and Professions Code Section 18890.2 requires our Site to include the following statement:
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.
Gma Village currently uses Trustline as a 3rd Party Verification Service. As further required by California Business and Professions Code Section 18890.2, please see Appendix A (found at the end of this page) for a written description of the background check provided by Trustline described in Section 4 above. The information in Appendix A was provided to Gma Village by Trustline, and Gma Village does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by Trustline.
Parents are solely responsible for the payment of and shall make any payments directly to the Grandmas.
11. Promotional materials
You hereby authorize Gma Village and its Affiliated Parties to use your or your children’s likeness captured through video, film or digital camera, at our discretion, and in any form, for use in promotional or informational materials (such as flyers, posters, newsletters and brochures) at no compensation. You understand that any photograph or video using your or your children’s likeness will become property of Gma Village or its Affiliated Parties and will not be returned.
12. Intellectual Property Rights
12.1 Copyright. All materials on the Site other than Member Content are owned by Gma Village. You may not use these materials except as we give you written permission to do so.
12.2 Trademarks. The service marks and trademarks “Gma Village” and the Gma Village logo are owned by Gma Village. Any other trademarks, service marks, logos or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of Gma Village and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
12.3 Ownership and Use. Gma Village retains ownership of its intellectual property rights and you have no rights to Gma Village’s intellectual property or Gma Village’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than Member Content you create.
12.4 Your Content. Other than the non-exclusive license granted to Gma Village with respect to Member Content (described in Section 5.1(f) above), Gma Village will not acquire an ownership interest in the Member Content you post.
If any issues, disputes, concerns or disagreements arise between a Parent and a Grandma, including any issues regarding child care or other services provided by a Grandma or payments made by or due from a Parent, the Parent and the Grandma are responsible for resolving any such disputes directly with each other. Gma Village will not be a party to any such dispute, and Gma Village will not be obligated to take any action toward resolving the dispute. As set forth in Section 13, you agree to release Gma Village from any claims or liability that may arise from any disputes between you and other Members.
14. Disclaimer of Warranty and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF GMA VILLAGE AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
14.1 “As Is” Basis. Gma Village provides the Site for the use and convenience of the Members on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
14.2 No Warranties. GMA VILLAGE GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Members, the Services, or the Site (or any information or content made available through the Site). Gma Village does not grant any implied warranties of merchantability, fitness for a particular purpose or non-infringement. GMA VILLAGE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH, INCLUDINGINFORMATION CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT. Gma Village does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate or that any defects in the Site will be corrected. Gma Village makes no warranties about the connectivity and continued availability of the Site or Services.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, GMA VILLAGE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY MEMBER.
14.3 Release. YOU AGREE TO RELEASE GMA VILLAGE AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER MEMBERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A MEMBER OR GMA VILLAGE.
14.4 Limitation of Liability. In no event will Gma Village be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including damages related to any information received from the Site or Services, removal of content from the Site, or in connection with any termination of your membership or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Gma Village, or its Affiliated Parties, are advised of the possibility of such damages, losses or expenses.
14.5 No Liability for Non-Gma Village Actions. IN NO EVENT WILL GMA VILLAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY MEMBERS OR ANY OTHER INTERACTIONS WITH OTHER MEMBERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
16. General Provisions
16.5 Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify Gma Village as to any matters relating to the Site or Services please contact Gma Village at:
Gma Village. firstname.lastname@example.org
APPENDIX A: Description of Trustline Background Check
The Community Care Licensing Division of the California Department of Social Services (CDSS) conducts background checks for child care licensees and staff that work in child care facilities. In addition, CDSS provides the TrustLine Registry which is a background check for in-home and license-exempt child care providers. The background check provided for licensees and child care facility staff is the same background check used for TrustLine.
The California Child Care Resource and Referral Network (Network) and local Child Care Resource and Referral Programs have statutorily defined responsibilities related to TrustLine and assist CDSS in administering this statewide program. The Network hosts the TrustLine toll-free number that’s available Monday through Friday from 9:00 a.m. to 5:00 p.m. and provides information on how to apply to TrustLine, the status of TrustLine applicants, general information on the TrustLine background check as well as training and technical assistance on administering this background check.
Databases included in the TrustLine background check.
1. The California Criminal History System (CHS) at the California Department of Justice. This database includes arrest and conviction information for all of California’s 58 counties and is checked by fingerprints.
2. Child Abuse Central Index (CACI) at the California Department of Justice. This database is checked by name and includes substantiated child abuse reports.
3. A check of the FBI’s Next Generation Identification system formerly known as the Integrated Automated Fingerprint Identification System (IAFIS). This database is checked by fingerprints.
4. Community Care Licensing records are cross-referenced.
5. Teacher credentialing records are cross referenced.
6. Certified Nursing Assistant (CNA) records are cross referenced.
How the TrustLine check is updated.
The CHS and CACI checks are continually updated. The FBI check is not updated. Licensing records are continually cross checked as are teacher credentialing records and CNA records.
How the TrustLine Background Check is conducted.
When an individual submits fingerprints, the California Department of Justice (DOJ) conducts a criminal history check of their records. If the individual has no criminal history, DOJ forwards a clearance notice to the Caregiver Background Check Bureau (CBCB) at the California Department of Social Services (CDSS). DOJ also sends a set of the applicant’s prints to the FBI to check against their criminal history database. If the individual has a criminal history, DOJ sends a criminal record transcript to CBCB showing arrests and convictions. The CBCB staff review the transcript and if the convictions are for crimes that may be exempted, the CBCB sends an exemption notification letter to the applicant. The letter explains how to request an exemption and lists the documents/information that must be submitted to request an exemption.
All convictions other than minor traffic violations require an exemption. This includes misdemeanors, felonies and convictions that occurred a long time ago. However, the CDSS is prohibited by law from granting exemptions to individuals convicted of serious crimes such as robbery, sexual battery, child abuse, elder or dependent adult abuse, arson or kidnapping. The crimes for which an exemption may not be obtained are outlined in the list of Non-Exemptible Crimes. The CDSS also has the authority and responsibility to investigate arrests to determine if the underlying conduct is substantiated and therefore presents a risk to the health and safety of clients who are in care.
To begin the process of obtaining a criminal record exemption, individuals must submit specific paperwork to the CBCB. All documents must be received by the CBCB within 45 days from the date of the exemption notification letter. Once this paperwork is received, CBCB reviews the paperwork and begins the exemption process. The process is extensive and can require significant time. The applicant seeking the exemption will be notified in writing of the CBCB's decision. If an exemption is denied, the individual may request an appeal in writing. The appeal must be received by the CDSS within 15 days from the date of the denial notification letter.
EXHIBIT A: Gma Village Rules
The following are the guidelines that Parents and Grandmas (collectively, “Members”) must abide by to use the Site and Services of Gma Village.
1. Parents are responsible for interviewing, selecting, hiring and paying Grandmas.
2. A Grandma will provide child care and other services for the Parents in the home of the Grandma or at another location in the community. Because Grandmas are independent contractors, child care and other services will not take place in the home of the Parent.
3. A Grandma will provide child care and other services for children from only one family at a time, unless she is also caring for her own grandchildren. “Family” shall mean and include the children and stepchildren of the Parent.
4. A Parent will pay a Grandma directly for their child care services at a rate determined prior to care occurring. Gma Village recommends a rate of $5 per hour for one child and an additional $2 per hour for each additional child of the family for which the Grandma is providing care.
5. A Grandma will ensure the emotional and physical safety of the children while in her care.
6. A Grandma will provide proper supervision of the children at all times. The children will never be left alone in the house or outside.
7. Grandmas will not smoke while providing care.
8. If driving the children, a Grandma will abide by all traffic and safety rules, including child passenger safety laws, and will maintain current licensing, registration and car insurance. A Grandma will not talk on her cell phone or text message while driving. The children will never be left alone in a car.
9. Each Member will honor the agreements made regarding payment, timeliness and other responsibilities.
10. Information will be kept private and will not be shared without a Member’s permission.