NICA’S TERMS OF USE AGREEMENT
Last Updated on March 8, 2016

 


The National Institute for Child Care Administrators, Inc., (NICA)  provides customized services for administrators and their child care providers of licensed child care centers.  In an effort to assist child care administrators and prospective child care providers in meeting their required state training obligations, NICA has selected to provide an array of trainings at no cost to the participants.  In order to participate in each of the approved trainings each participant must agree to the Terms of Participation listed below.


By accepting this Agreement, You also agree that Your use of NICA’s websites or other websites we operate may be governed by separate membership agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.


TERMS OF PARTICIPATION
 

1. WORKSHOP CONTENT
NICA provides state certified trainings for  a variety of  child care providers  based upon the guidelines setforth by the Georgia Training Approval for Early Learning and Care.   All trainings are only approved for the state of Georgia.

 

2. CONDITIONS OF PARTICIPATION
As a condition of Your participation in the approved workshops,  You agree to 

 

(a) submit your registrations on the www.nica-national.com website as requested.

(b) visit www.nica-national.com to check for possible changes in venue, times, and/or classes

(c) to arrive 15 minutes prior to the beginning of each training.

(d)remain for the duration of the training, understanding that no certificates will be granted for early

     departure  late arrival, or extended breaks.
(e)participate in all activities as requested.
(f)complete all required documentation as requested.
(g)turn off your cell phone for the duration of the training.  Phone calls are a distraction from training.
(h) Participate in a cooperative and cordial manner throughout the training.
(i) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent

    a relationship with any person or entity, including misrepresenting a relationship with NICA, or otherwise

    attempt to mislead others as to the identity of the sender or the origin of a registration for a workshop;
(j) promptly leave the premises in the event that your behaviour is counterproductive to the workshop’s 

    success.
(k) bring verifiable identification in order to receive a certificate at the end of the workshop.

 

2. MINIMUM AGE
If You are under the age of eighteen (18), You are prohibited from participating in any of these workshops.


3. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
This workshop is FREE to every approved participant.


4.  CONTACT INFORMATION
As a condition of your participation in the approved workshops , you agree to allow NICA to use your contact information to forward future  information to you regarding other available trainings, services and resources that may become available.

 

5. DISCLOSURE OF INFORMATION
NICA may make Your identifiable information, account information and the Content available to our employees, agents and third parties with whom we contract for use to handle Your account.
You agree that NICA may access, preserve and disclose Your account information, any information provided by You to NICA, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if, in good faith, NICA believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including, but not limited to, an enforceable court order or lawful third-party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties, or; (d) protect the rights, property or personal safety of NICA, its users and/or the public.
As NICA continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.


6.  PHOTOGRAPHY
Throughout NICA workshops, there may occasions in which:
a) filming of the trainings are conducted for future review, assessment and improvement of overall workshop

    trainings.


b) pictures are taken to use in future promotions of the services provided by NICAfor review of workshop

    content.  Therefore, as a condition of your participation you agree to allow NICA permission to use your

    photos, workshop.

 

Participation interactions in promotions, on flyers, through website displays and other appropriate uses as deemed necessary by NICA.  You further agree that no monetary expectations and/or requests will be made by you or on your behalf by anyone else for the use of any films and/or pictures used by NICA of you.

 

7.   MODIFICATION OF TERMS, CONDITIONS AND SERVICES
NICA will have the right to modify, restate the terms and conditions and services of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.nica-national.com). NICA will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement.  If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.


8. TERMS AND TERMINATION


THE INITIAL TERM OF THIS AGREEMENT WILL CONTINUE FOR IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.  If  NICA deems it necessary, in its sole and absolute discretion, NICA may immediately terminate this Agreement, Your enrollment and Your access to any and all trainings. If NICA merely terminates or reschedules  you for its convenience and You are not in breach of this Agreement,  NICA will strive to reschedule you to an appropriate FREE training. that meets with your needs and those of NICA.

 

9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NICA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE;; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY NICA OR THE FAILURE OF NICA TO PROVIDE THE SERVICE UNDER THIS AGREEMENT, OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.


You understand and agree that Your unlimited access to the NICA TRAININGS  is FREE.   THEREFORE, TO THE EXTENT NICA IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, NICA’S WILL BE EXEMPT FROM LIABILITY FOR DAMAGES.


10. INDEMNIFICATION
You agree to indemnify, defend, save and hold harmless NICA, its owners, managers, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, actions, proceedings, suits, demands, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to NICA or that You submit, transmit or otherwise make available through the Service, or; (c) any intentional or willful violation of any rights of another or harm You may have caused to another. NICA will have sole control of the defense of any such damage or claim.


11. GOVERNING LAW
This Agreement and the relationship between You and NICA will be governed by the laws of the State of Georgia, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Valdosta, Georgia, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that NICA may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed no later than one (1) year after such claim or cause of action arose or will forever be barred.


12. MISCELLANEOUS
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.