Terms of Service

These Terms of Service (“Terms” or the “Agreement”) govern your access to and use of the Care Connect Kids websites, applications, and services (the “Services”), operated by Care Connect Kids LLC (“Care Connect Kids,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 15.

1. What Care Connect Kids is — and is not

Care Connect Kids is an online marketplace that helps families find and connect with pediatric therapy providers (speech, occupational, physical, and applied behavior analysis therapy) (“Clinic(s)”). We provide a Clinic discovery, matching, and connection service only.

We are not a healthcare provider. We do not provide medical, therapeutic, or clinical services or advice; we do not employ therapists; and we are not part of the treatment, diagnosis, or billing relationship between you and any Clinic or provider. Nothing on the Services is medical advice, and using the Services does not create a provider–patient relationship with us. Always rely on a qualified provider for medical or therapeutic decisions, and call 911 or seek emergency care in an emergency.

Clinic and provider information on the Services may come from the Clinics themselves, public sources, or other users, and may be incomplete, out of date, or inaccurate. We do not verify, endorse, or guarantee any Clinic, provider, listing, insurance acceptance, availability, wait time, or outcome. Any decision to contact, engage, or rely on a Clinic is yours.

2. Privacy and Security

Protecting and safeguarding any information you provide through the Services is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.careconnectkids.com/privacy (the “Privacy Policy”). BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE SERVICES, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

3. Eligibility

You must be at least 18 years old to use the Services. The Services are directed to adults. If you provide information about a child, you represent that you are that child’s parent or legal guardian and that you consent to our processing of that information as described in our Privacy Policy.

4. Your account

To use certain features you must create an account. You agree to provide accurate information, keep it current, and keep your login credentials secure. You are responsible for activity under your account. Notify us promptly of any unauthorized use. By registering for an account and using and/or accessing the Services, you warrant that: (a) all information you submit is truthful, accurate, and up to date; (b) you will maintain the accuracy of such information; and (c) your use and access of the Services does not and will not violate these Terms or any applicable law.

5. Content you submit

The Services let you submit content, such as inquiries to Clinics and reviews (“User Content”). You retain ownership of your User Content, and you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, and use it to operate and improve the Services (for example, showing your review on a Clinic’s page). You are responsible for your User Content and represent that you have the right to submit it and that it is accurate and not unlawful, defamatory, or infringing.

Please do not submit more sensitive information than necessary. Reviews and other content you post may be publicly visible. We may, but are not obligated to, moderate, edit, or remove content that violates these Terms or that we consider inappropriate.

6. Acceptable use

You agree not to:

• use the Services for any unlawful, harmful, deceptive, or abusive purpose;
• post false, misleading, defamatory, or infringing content, or impersonate or attempt to impersonate others, or create a false name or identity for any reason, or misrepresent your identity or age;
• attempt to access accounts, data, or systems you are not authorized to access;
• except as we expressly permit in writing, or as a product feature provided by Care Connect Kids under additional terms, use any robot, spider, site search/retrieval applications, scrape, harvest, or use other manual or automated means to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate in any way the Services or its content;
• interfere with, disrupt, tamper or overload the Services, their security features, or the servers or networks connected to the Services;
• attempt to probe, scan or test the vulnerability of the Services or any of the network or systems or breach any security or authentication measures;
• use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
• post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
• use the Services in an illegal or unethical manner; or
• attempt to bypass any AI safety guardrails, deliberately try to make the AI concierge say harmful things, socially engineer the AI concierge, manipulate the AI concierge, extract any training data from the AI concierge, use the AI features to trigger false safety reports, or attempt to access or extract other users’ data.

7. Fees

Use of the Services by families is currently free. Certain optional or professional features (for example, clinic subscriptions or delegated/automated access) may be paid and subject to additional terms. Payments, where applicable, are processed by our payment processor; we do not collect or store your full payment card number.

8. Third-party services and links

The Services rely on third-party providers (such as authentication, hosting, email, AI, and payment services) and may link to third-party websites, including Clinics. We are not responsible for third-party services, websites, content, or the conduct of Clinics or providers. Your dealings with any Clinic or provider are solely between you and them.

9. Intellectual property

The Services, including their design, text, graphics, related apps, software (excluding User Content), and all rights, title, and interest, including all related intellectual property rights therein are owned by Care Connect Kids or our licensors and are protected by intellectual property laws. This Agreement is not a sale and does not convey or grant any rights in or related to the Services, or any intellectual property rights owned by or licensed to Care Connect Kids. “Care Connect Kids”, “careconnectkids.com”, and all related names, logos, product and service names, designs, slogans provided or listed by the Services are the trademarks of their respective owners. Subject to compliance with this Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license solely to: (1) access and use the Services on your personal device; and (2) access and use any content, information or related materials that may be made available through the Services for your non-commercial purpose. You hereby grant Care Connect Kids a worldwide, perpetual, irrevocable (except where required by applicable law), transferable, royalty-free, non-exclusive license to access and use User Content for the sole purpose of providing and improving the Services. If you provide feedback, suggestions, and other communications (“Feedback”), you agree that the Feedback constitutes intellectual property which we may use without restriction or obligation for compensation.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE AND USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CLINIC INFORMATION IS ACCURATE, COMPLETE, OR CURRENT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF THE SERVICES OR ANY CONTENT.

WE DO NOT PROVIDE MEDICAL ADVICE. WE DO NOT DIAGNOSE OR TREAT MEDICAL OR MENTAL HEALTH CONDITIONS. NO LICENSED CLINICAL OR PROFESSIONAL PATIENT RELATIONSHIP IS CREATED BY USING OR ACCESSING THE SERVICES. THE CONTENT OF THE SERVICES ARE NOT TO BE CONSIDERED AS MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL ADVICE OF ANY NATURE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT OF SUCH TREATMENT PROVIDED BY A CLINIC WHICH WAS SELECTED BY YOU THROUGH THE USE OR ACCESS OF THE SERVICES. WE DO NOT GUARANTEE THAT ANY CLINIC WILL RESPOND, ACCEPT YOU, OR PROVIDE ANY PARTICULAR OUTCOME.

THE SERVICES ARE INTENDED FOR USE ONLY WITHIN THE UNITED STATES AND ITS TERRITORIES AND WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE, OR ARE AVAILABLE FOR USE, OUTSIDE THE UNITED STATES AND THOSE CHOOSING TO USE OR ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE, AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARE CONNECT KIDS AND ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SERVICE PROVIDERS, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL LOSSES OR DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, OR PROFITS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, RESULTING FROM ANY USER CONTENT PROVIDED, INABILITY TO USE OR ACCESS THE SERVICES, OR YOUR DEALINGS WITH ANY CLINIC OR PROVIDER, REGARDLESS OF LEGAL THEORY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY EQUITABLE THEORY). THE FOREGOING INCLUDES, WITHOUT LIMITATION, DAMAGES OR LOSSES RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE FAILURE. OUR TOTAL LIABILITY TO YOU ARISING OR RELATING TO THIS AGREEMENT AND THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to indemnify, release and hold harmless Care Connect Kids, its owners, managers, officers, employees, representatives, service providers, licensors, and agents from any responsibilities, claims, demands, damages, liabilities, and expenses (including reasonable attorneys’ fees) of every kind and nature, known and unknown, (including, but not limited to, claims of negligence) arising from your use or access of the Services, your User Content, or arising from or related to these Terms or applicable law or related to disputes between and/or acts or omissions of third parties, including any between you and a Clinic. You expressly waive any rights you may have under California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

13. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Arbitration) will survive.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect means you accept the updated Terms.

15. Arbitration

THIS SECTION 15 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

By accepting the terms of this Arbitration Agreement, you and Care Connect Kids (individually, “Party”; collectively, “Parties”) agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and the use of the Services (collectively, “Disputes”) will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting the terms of this Arbitration Agreement, you and Care Connect Kids mutually agree to waive their respective rights to trial by jury.

The Parties acknowledge that the Agreement involves interstate commerce and agree that all issues relating to arbitration or enforceability of this Arbitration Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Consumer Rules”), which are available via the internet at www.adr.org or by using a service such as Google to search for “AAA Consumer Arbitration Rules”; provided however, that if there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The following terms and procedures shall apply:

• The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Rules. The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction and, in either case, shall have experience in the law underlying the dispute.
• Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement or Agreement is void or voidable.
• If the Parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Austin, Texas.
• Each Party will pay the fees for its own attorneys, subject to any remedies to which that Party may later be entitled under applicable law. In all cases where required by law, Care Connect Kids will pay the arbitrator’s and arbitration fees. If under applicable law Care Connect Kids is not required to pay all of the arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether Care Connect Kids is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator.
• The arbitrator shall issue orders (including subpoenas to third parties for pre-hearing discovery) allowing the Parties to conduct discovery sufficient to allow each Party to prepare its claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
• Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
• Either Party shall be permitted to file a motion to dismiss and/or motion for summary judgment and the arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions.
• The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court of competent jurisdiction.
• A Party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
• If for any reason the AAA will not administer the arbitration, either Party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration.

Class, Collective, and Other Representative Action Waivers (“Class Action Waiver”)

You and Care Connect Kids mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which

• the dispute is filed as a class, collective, or other representative action; and
• there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

Mass Arbitration

To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against Care Connect Kids, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a “Mass Arbitration” and the following terms and procedures shall apply:

• The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.
• Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider.
• The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
• A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.

The Parties agree that arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with Care Connect Kids and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Austin, Texas.

Exceptions to Arbitration

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims:

• individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis;
• individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or
• injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. Disputes between the parties that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), or as provided by an Act of Congress are excluded from the coverage of this Arbitration Agreement.

Optional Pre-Arbitration Dispute Resolution and Notification

Before initiating arbitration, you and Care Connect Kids may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one Party to the other (“Notice of Dispute”). The Notice of Dispute must:

• include the full name and contact information of the complaining party;
• describe the nature and basis of the dispute, claim, or controversy; and
• set forth the specific relief sought.

The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Care Connect Kids LLC, 5511 Parkcrest Dr, Suite 103, Austin, TX 78731. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.

Application to Third Parties

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

Right to Opt Out of Arbitration

You may opt out from this Arbitration Agreement within 30 days after you first access or use the Platform by sending written notice of your decision to opt-out to optout@careconnectkids.com using the subject line “Arbitration Opt-Out.” Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor Care Connect Kids will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.

Survival

This Arbitration Agreement survives after the termination or expiration of the Parties’ relationship.

16. Governing law

This Agreement shall be governed by the laws of the State of Texas, without regard to its choice of law principles, except where federal law applies.

17. Contact

Questions about these Terms? Email us at support@careconnectkids.com, or write to Care Connect Kids LLC, 5511 Parkcrest Dr, Suite 103, Austin, TX 78731.