ProviderWatch.com

- Terms of Use –

We know that no one wants to read terms of use agreements, but it is important that you do! ProviderWatch is a consumer reporting agency (“CRA”) under Fair Credit Reporting Act (“FCRA”). Your use of some ProviderWatch services will subject you to specific obligations under the FCRA. Carefully read these Terms so you know what your legal obligations are. 

August 2, 2021

ACCEPTANCE OF TERMS.

The services that ProviderWatch provides to you through ProviderWatch.com, including its affiliated websites and network of web properties (collectively, “Website”), are subject to the following terms of use (“Terms” or the "TOU"). The TOU is an agreement between you and ProviderWatch, and your use of the Services, as defined herein, indicates your acceptance to be bound by these Terms.  ProviderWatch reserves the right to update the TOU at any time without notice to you. The current version of the TOU can be viewed by clicking on the "Terms of Use" hypertext link located at the bottom of our webpages. Failure to act in accordance with these Terms will result in the revocation of your access to the Services and in ProviderWatch taking any other remedial action described in the TOU. The TOU includes and incorporates the ProviderWatch Privacy Policy, which can be viewed by clicking on the “Privacy Policy” hypertext link located at the bottom of our web pages.

DESCRIPTION OF SERVICES.

Through its Website, ProviderWatch provides you with access to a variety of resources, including information, download areas, documents, communication channels and product information related to childcare providers and their customers (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.

AUTHORIZED USERS.

Only childcare providers operating in the United States are authorized to use the Services. For purposes of the TOU “childcare provider” means any legal or natural person that engages in the business of providing childcare or daycare services for a fee. You represent and warrant to ProviderWatch that you are (i) a childcare provider, (ii) located in and providing services only in the United States, and (iii) operating in compliance with all applicable federal, state, and local laws, including any licensing requirements for childcare providers in your jurisdiction.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

To obtain an account to use the Services (“Member Account”), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable Website. You are entirely responsible for maintaining the confidentiality of your password and Member Account. Furthermore, you are entirely responsible for any and all activities that occur with, by, or under your Member Account. You agree to notify ProviderWatch.com immediately of any unauthorized use of your Member Account or any other breach of security. ProviderWatch will not be liable for any loss that you may incur as a result of someone else using your password or Member Account, either with or without your knowledge. However, you will be liable for losses incurred by ProviderWatch or its affiliates due to someone else using your Member Account or password. You may not use anyone else's Member Account at any time, without the permission of the applicable account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you acknowledge and agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any ProviderWatch server, or the network(s) connected to any ProviderWatch server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any ProviderWatch server or to any of the Services, through hacking, password mining or by any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

PERMISSIBLE ACTIVITIES RELATED TO CONSUMER REPORTS.

You acknowledge and agree that you will engage in only the following activities related to the consumer reports provided as part of the Services:

  1. Use a consumer report as instructed by a consumer in writing to determine whether or not to provide your childcare services to such consumer;
  2. Use a consumer report when there is a legitimate business need, in connection with a business transaction that is initiated by the consumer; or
  3. Furnish information from time to time about a consumer for use in the consumer reports about such consumer.

You acknowledge and agree that you will not engage in any of the following activities related to the consumer reports provided as part of the Services:

  1. Use in any way a consumer report in connection with offering or providing a credit or loan product of any kind;
  2. Use a consumer report for employment purposes;
  3. Use a consumer report in connection with employee investigations;
  4. Resell a consumer report; and
  5. Regularly and in the ordinary course of business furnish information about a consumer for use in the consumer reports about such consumer. 

You acknowledge and agree that ProviderWatch does not engage in any of the following activities related to the consumer reports provided as part of the Services:

  1. Accept, conduct or provide investigative consumer reports; and
  2. Accept or provide medical information.

REQUIRED NOTICE TO USERS OF CONSUMER REPORTS.

You acknowledge and agree that you have read and understand the required Notice to Users of Consumer Reports: Obligations of Users Under the FCRA, available here. (Note: This is a third party site. ProviderWatch is not responsible for the accuracy of the information posted there. If you have questions, refer to the FTC.gov website.)

USER CONDUCT AND OBLIGATIONS.

You agree to follow all applicable laws and regulations when using these Services. You agree that, as a user of a consumer report or a furnisher of information to a CRA, it is your responsibility to become familiar with the applicable laws and that you should consult with legal counsel to ensure you are in compliance. The requirements in the TOU regarding the use of consumer reports and furnishing of consumer information are in addition to your obligations under the law, and in the event of any conflict between these Terms and applicable law, applicable law prevails.

CONSUMER INQUIRIES.

ProviderWatch is a childcare specific CRA that maintains information on consumers who are (or were) customers of childcare providers and who have been reported as having unpaid balances with such childcare providers. ProviderWatch provides information on such consumers to childcare providers so the providers may be better informed when considering a consumer’s application for childcare services.

In order to use these Services you agree to:

  1. Acquire written consent from the consumer about whom a consumer inquiry will be submitted (a “Subject”) through the Services;
  2. Make a reasonable effort to confirm the identity of the Subject, such as viewing a government issued identification;
  3. Retain the written consent of the Subject for five (5) years from the date of the consumer inquiry and promptly provide proof of the written consent as may be requested by ProviderWatch by email, phone or mail;
  4. Only conduct a consumer inquiry when you have permissible business purpose to do so as indicated by the Subject inquiring or applying to your childcare business for the purpose of securing childcare;
  5. Hold ProviderWatch harmless for any failure on your part to secure written consent;
  6. Hold ProviderWatch harmless for any consequence of your decision to accept or deny childcare services to the Subject;
  7. If applicable, inform the Subject in writing of the fact that your decision to deny services was based in whole or in part to information provided by ProviderWatch and furnish the Subject with the website address (www.providerwatch.com) and phone number (866-267-3691) so they may contact ProviderWatch to request a copy of their ProviderWatch consumer report; and
  8. Make your own independent decision whether to provide childcare services to the consumer, because you understand the consumer report obtained from an inquiry, positive or negative, is not conclusive and should not be the sole basis for your decision.

Your receipt of a consumer information report from ProviderWatch (“PW Report”) does not grant you any ownership rights or title to the PW Report or the information therein. You agree not to use, copy, record, process, or store any PW Report or any portion thereof. The information in a PW Report may be subject to privacy or consumer protection laws in your or the Subject’s jurisdiction. Notwithstanding the forgoing prohibition, you agree that to the extent you use, copy, record, process, or store any PW Report or any portion thereof you are solely responsible for complying with such privacy or consumer protection laws and that you will indemnify and hold harmless ProviderWatch if you fail to do so.

CONSUMER SUBMISSIONS.

The information ProviderWatch uses to generate its consumer reports is provided by childcare providers who furnish information about their customers with unpaid balances related to childcare services. 

When submitting information regarding consumers’ unpaid balances at your childcare provider, you agree to:

  1. Ensure the accuracy of any information provided by you on any current or former customer (“Customer”) and update the record in a timely manner with any new information, such as the Customer having paid the balance in part or in full or updated contact information; and
  2. Retain records to prove any balances owed by the Customer to your childcare provider for seven (7) years from the date the balance became past due and promptly provide copies of those records as may be requested by ProviderWatch, such as in the case of a dispute by the Customer, by email, phone or mail. Failure to provide these records may result in the removal of the applicable Customer information from ProviderWatch consumer reports.

You also agree that the information you provided in a consumer submission is property of ProviderWatch, and you will not have the right to delete, remove, or destroy any previously submitted information. 

DAYARE LISTING.

ProviderWatch, through its consumer facing site, FindADaycare.com, offers optional childcare listings. Childcare providers with active accounts in good standing, may opt-in to provide childcare information that will be displayed on FindADaycare.com to generate leads for potential customers. 

When using listings Service, you agree to:

  1. Provide only accurate and truthful information;
  2. Upload only photos for which you have the full license rights, including signed permission by any person or persons pictured;
  3. Update your available childcare openings on a regular basis;
  4. View and respond to leads in a timely manner. Notification of new leads will be provided via the email address associated with your Member Account. If leads are consistently not responded to, ProviderWatch retains the right to remove your childcare information from the listing site;

Furthermore, you agree that you shall not:

  1. Upload, post or otherwise transmit through or to this Website any content that:
    1. Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    2. Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or
    3. Contains any viruses, trojan horses, time bombs, or any other harmful programs or elements.
  2. Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our Website, its computer systems, servers or networks.
  3. Provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication.
  4. Transmit junk mail, chain letters, or other unsolicited email or duplicative messages.
  5. Collect information about other visitors to our Website without their consent or otherwise programmatically extract data or data fields, including without limitation any financial data or email addresses.
  6. Sell access to or the use of this Website, including any content contained on, downloaded or accessed from this Website, except as specifically permitted in writing by ProviderWatch.
  7. Redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method.
  8. Intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.
  9. Embed or import any data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as except as specifically permitted in writing by ProviderWatch.

CONFIDENTIALITY, TRANSMISSIONS OVER THE INTERNET, AND ELECTRONIC COMMUNICATION.

The transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks. While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

You affirmatively agree to receive all communication, including disclosures, messages, notices, and updates, in connection with the Services electronically. The format of such electronic communication may be any of email, text message, or notice posted on or through the Website. You consent to ProviderWatch maintaining all records in connection with your use of the Services electronically. Further, you agree that the TOU and any future agreements between you and ProviderWatch will be executed by capturing your electronic acceptance or consent.

INDEMNIFICATION BY USER.

You agree to indemnify, defend and hold ProviderWatch and ProviderWatch.com and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Website or breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

TERMINATION AND LIABILITY.

Without limiting any other remedies to which ProviderWatch may be entitled, ProviderWatch reserves the right to immediately suspend its provision of the Services, cancel your Member Account, or immediately terminate the TOU at any time and for any reason. You have the right to terminate the TOU by canceling your Member Account. ProviderWatch’s sole liability, and your sole remedy, for breaches of the TOU arising for any act or omission of ProviderWatch shall be your exercise of such right to cancel your Member Account.

THIRD PARTY WEBSITES, CONTENT AND PRODUCTS AND SERVICES.

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by ProviderWatch or ProviderWatch.com of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

LINKS TO THIRD PARTY SITES.

SOME LINKS PROVIDED THROUGH OUR SERVICES MAY LET YOU LEAVE ProviderWatch'S SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ProviderWatch AND ProviderWatch IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ProviderWatch IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ProviderWatch IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ProviderWatch OF THE SITE.

PROPERTY AND PROPRIETARY RIGHTS.

All information incorporated in whole or in part into ProviderWatch’s databases, as well as all computer programs and systems pertaining to ProviderWatch’s databases and Website, are and shall continue to be the exclusive property of ProviderWatch. Your receipt of information from or submission of information to ProviderWatch does grant you any property rights in such information, except as otherwise provided herein. ProviderWatch, ProviderWatch.com, the term "ProviderWatch.com", and other identifying marks are and shall remain the trademarks and trade names and exclusive property of ProviderWatch, and any unauthorized use of these marks is unlawful. Other trademarks on this Website are the property of their respective owners. All content on this Website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of ProviderWatch and is protected by international copyright law. The content on this Website may be used by you only for commercial use as provided for in these Terms, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by ProviderWatch

NO WARRANTY.

YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ALL PROVIDERWATCH SERVICES ARE PROVIDED ON AN “AS IS” BASIS. PROVIDERWATCH DOES NOT WARRANT THAT THE SERVICES OR ANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. PROVIDERWATCH EXPRESSLY DISCLAIMS ALL, AND YOU AGREE THERE ARE NO, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, AND YOU ACKNOWLEDGE THAT NO REPRESENTATIVE OF PROVIDERWATCH IS AUTHORIZED TO GIVE ANY SUCH WARRANTY OR GUARANTEE.

The above does not apply to implied warranties in jurisdictions where such disclaimers are not permitted.

GENERAL.

If any provision of the TOU is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of the TOU shall continue in full force and effect. No waiver of any provision of the TOU shall be deemed a further or continuing waiver of such provision or any other provision of the TOU.

You agree that the TOU, our Privacy Policy and other notices posted on this Website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

The TOU shall be governed by and construed in accordance with the laws of the State of Washington and the laws of the United States applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, [Everett], Washington, United States. The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law.

UNSOLICITED IDEA SUBMISSION POLICY.ProviderWatch OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ProviderWatch PRODUCTS, SERVICES OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ProviderWatch OR PROVIDERWATCH.COM. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ProviderWatch OR ANYONE AT ProviderWatch OR PROVIDERWATCH.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ProviderWatch AND PROVIDERWATCH.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. ProviderWatch does not claim ownership of the materials you provide to ProviderWatch (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ProviderWatch, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all ProviderWatch Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. ProviderWatch is under no obligation to post or use any Submission you may provide and ProviderWatch may remove any Submission at any time in its sole discretion. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.