Terms of Use

Long Beach Day Nursery Effective Date: May 22, 2026 Last Updated: May 20, 2026

1. Acceptance of Terms

Welcome to lbdn.org (the “Site”), operated by Long Beach Day Nursery, a California nonprofit corporation (“LBDN,” “we,” “us,” or “our”). By accessing or using the Site, you (“you” or “User”) agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use the Site.

These Terms apply to all visitors, users, donors, applicants, families, volunteers, and others who access the Site.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND SERVICES.

2. About LBDN

Long Beach Day Nursery is a 501(c)(3) nonprofit organization providing early childhood education and care services in Long Beach, California. The Site exists to share information about our programs, enrollment, history, events, and ways to support our mission.

3. Eligibility

The Site is intended for use by individuals who are at least 18 years of age. If you are under 18, you may only use the Site with the involvement of a parent or legal guardian. By using the Site, you represent that you meet this requirement or are using the Site under appropriate supervision.

4. Use of the Site

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation

  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site

  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission

  • Introduce viruses, trojans, worms, or other malicious code

  • Interfere with or disrupt the Site, servers, or networks connected to the Site

  • Collect or store personal data about other users without their consent

  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity

  • Use the Site to harass, abuse, threaten, or harm another person

  • Submit false or misleading information through any form on the Site


This Site is not intended to be accessed by any person who seeks or intends to access the Site for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Site in order to investigate, evaluate, test, and/or assess the Site’s compliance with the consumer privacy laws and regulations of any country, state, federal, international, or other jurisdiction (including, for example, to test or examine whether the Site discloses data to third parties without proper disclosure or consent), or for the purpose of creating, establishing, or gathering evidence to support claims against the Company under such laws. Even if you are accessing the Site for any other legitimate purpose besides being a “tester” plaintiff or claimant, you are NOT authorized or permitted to access the Site if one of the purposes for which you are accessing the Site is to investigate, evaluate, test, and/or assess the Site’s compliance with any consumer privacy laws or regulations or to create, establish, or gather evidence to support claims against the Company under such laws. By accessing the Site and accepting these Terms of Use, you agree that you are not accessing the Site for such purposes, and if you do access the Site for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the Site, (b) you have consented to our disclosure of any data collected about you or your interaction with the Site to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release the Company from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or any consumer privacy laws and regulations in connection with your access to the Site.

5. Intellectual Property

All content on the Site, including text, graphics, logos, images, photographs, videos, audio, and software, is the property of Long Beach Day Nursery or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The “Long Beach Day Nursery” name and logo are trademarks of LBDN. You may not use them without our prior written permission.

You may view, download, and print content from the Site solely for personal, non-commercial use, provided you retain all copyright and proprietary notices. Any other use, including reproduction, distribution, modification, or republication, requires our prior written permission.

6. User-Submitted Content

If you submit any content to the Site (including through contact forms, applications, inquiries, comments, or other submissions), you grant LBDN a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and display that content for purposes related to our mission and operations.

You represent that any content you submit:

  • Is your own original work or you have the right to share it

  • Does not violate the rights of any third party

  • Is not unlawful, defamatory, obscene, or otherwise objectionable

  • Does not contain confidential information of another person without their consent

We reserve the right to remove any user-submitted content at our sole discretion.

7. Children’s Privacy

The Site is not directed to children under the age of 18, and we do not knowingly collect personal information from children under 18 through the Site. If you are a parent or guardian and believe your child has provided personal information to us through the Site, please contact us at the address below so we can take appropriate action.

For information about how we handle personal data about the children enrolled in our programs, please refer to the enrollment materials provided directly by LBDN and our Privacy Policy.

8. Donations and Payments

The Site may allow you to make donations to LBDN through third-party payment processors. By making a donation, you represent that:

  • You are authorized to use the payment method you provide

  • The information you provide is accurate and complete

  • You understand that donations are generally non-refundable except as described below

Donations are processed by third-party payment processors, and your use of those services is subject to their terms and privacy policies. LBDN is not responsible for the practices of these third-party processors.

LBDN is a 501(c)(3) tax-exempt organization. Donations may be tax-deductible to the extent allowed by law. Please consult your tax advisor regarding deductibility.

If you believe a donation was made in error, please contact us within 30 days and we will work in good faith to address the issue.

9. Third-Party Links and Services

The Site may contain links to websites, services, or resources operated by third parties. These links are provided for your convenience. LBDN does not endorse and is not responsible for the content, products, services, or practices of any third-party site. Your use of any third-party site is at your own risk and subject to that site’s terms and policies.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to the practices described in our Privacy Policy.

11. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LBDN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LBDN does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the content on the Site is accurate, complete, reliable, current, or up to date. Program details, schedules, tuition, availability, and other information may change without notice.

Information on the Site is provided for general informational purposes only and does not constitute legal, medical, financial, or professional advice.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LBDN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SITE EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO LBDN IN THE TWELVE MONTHS PRIOR TO THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless LBDN and its directors, officers, employees, volunteers, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

14. Modifications to the Site and Terms

We reserve the right to modify, suspend, or discontinue the Site or any portion of it at any time without notice.

We may revise these Terms from time to time. The most current version will always be posted on the Site with an updated “Last Updated” date. Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

15.Choice of Law and Forum

By using this Site, you agree that the laws of the United States and the laws of the State of California govern these Terms of Use and any claim or dispute you may bring against the Company. You also agree that any arbitration arising from these Terms of Use will be held in accordance with the Federal Arbitration Act.

Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, these Terms of Use or your use of the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California or before California arbitrators in each case located in Los Angeles County.

Arbitration and Dispute Resolution

By accessing and/or using this Site, you agree to try to settle any dispute with LBDN arising from or related to your use or access of this Site by sending a letter describing the basis for the dispute and allowing the Company at least 30 days to respond after the Company will have received your letter. If you want to send such a letter to the Company, send it to hr@lbdn.org. The Company will respond to you at the address the Company has on file for you.

The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this arbitration agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the Site.

You and LBDN agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or LBDN will commence any litigation or file a claim against the other party.

By accessing and/or using this Site, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and the Company waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and LBDN’s rights during the arbitration process may be more limited than the rights you or LBDN would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.

At the beginning of any arbitration process under this arbitration agreement, you and the Company will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and the Company decide upon. In the event you and the Company cannot agree on the selection of an arbitrator, the Company will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and the Company will alternatively strike arbitrators, with the Company going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. If you and the Company cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules. 

The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings shall apply and be observed, unless you and the Company agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.

You and the Company each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.

The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. 

Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party. The Parties agree to use any mass arbitration rules and fee schedule of the selected arbitration forum, if available and if applicable, including if such rules or fee schedule become applicable after the commencement of arbitration.

Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LBDN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other notices posted on the Site, constitute the entire agreement between you and LBDN regarding your use of the Site and supersede any prior agreements.

18. No Waiver

Our failure to enforce any provision of these Terms shall not be considered a waiver of that provision or our right to enforce it later.

19. Contact Us

If you have questions about these Terms or the Site, please contact us:

Long Beach Day Nursery 1548 Chestnut Avenue Long Beach, CA 90813 Phone: (562) 732-5236 Email: hr@lbdn.org

These Terms of Use were last updated on May 22, 2026.