1. Introduction
The portal (“Portal”) is exclusively for the benefit of applicants, parents or guardians of minor claimants, conservators, social workers representing dependent children, and legal guardians of dependent adults who have submitted a claim to, or who have applied with, the California Victim Compensation Board (CalVCB). CalVCB is providing the Portal for the convenience of applicants, parents or guardians of minor claimants, conservators, social workers representing dependent children, and legal guardians of dependent adults (“User”). The Portal is not mandated by law. The Standard Terms and Conditions (“Terms”) herein shall govern User’s use of Portal, including all pages and links within Portal. The Terms apply in full force and effect to User’s use of Portal. By registering with CalVCB and using Portal, User expressly accepts all terms and conditions contained herein in full. User must not use Portal if User objects to any of these Standard Terms and Conditions.
2. User Responsibility
User understands, agrees, and warrants that User will maintain exclusive control of the Portal account at all times and will not provide access to anyone. User further understands, agrees, and warrants that User will maintain the confidentiality of Portal login information, including user names, passwords, and other identifying information. User is responsible for all Portal activities conducted by User or with User’s login information and shall notify CalVCB within five calendar days of any unauthorized access to or use of Portal.
3. Authorized Use
User understands, agrees, and certifies that User will access Portal only to obtain information for the benefit of applicants, parents or guardians of minor claimants, conservators, social workers representing dependent children, and legal guardians of dependent adults. User further understands, agrees, and certifies that User will access Portal for one of the following authorized reasons, and any other submission or use of information is prohibited:
(a) To submit an application or claim on behalf of him/herself, a dependent child, or dependent adult;
(b) To designate an authorized representative;
(c) To obtain information regarding the status of an application, claim, or bill;
(d) To upload application or claim related documents, including but not limited to:
(i) letters;
(ii) invoices/bills,
(iii) receipts,
(iv) crime reports,
(v) court documents,
(vi) employment verification,
(vii) relocation verification; and
(viii) other crime-related reimbursements.
(e) To verify any reimbursement requested from or provided by CalVCB; and
(f) To view incoming and outgoing correspondence between User and CalVCB.
User understand, agrees, and warrants that User shall not use Portal in a manner that could damage, disable, overburden, or impair Portal. User shall not attempt to gain unauthorized access to information submitted by another User or other computer systems or networks associated with CalVCB. User further agrees to not upload or otherwise transmit any unlawful content over the Portal.
4. Disclosure of Confidential Information
User understands and agrees that all applicant and claimant information submitted to, and applications and claims filed with, CalVCB are confidential, including, but not limited to, the applicant or claimant’s name and personal identifying information, the existence or status of an application or claim, and any reimbursement provided by CalVCB. User shall not disclose confidential information unless authorized or required by law. User understands and agrees that the duty to maintain confidentiality of the information shall commence upon registration to use the Portal and continues indefinitely.
5. Access Restriction/Termination
User understands and agrees that CalVCB reserves the right, in its sole discretion, to terminate or suspend access to Portal, or any portion thereof, at any time without notice. User further understands and agrees that CalVCB may terminate or suspend access to Portal without notice for inactivity. “Inactivity” is defined as failing to complete an application or claim within 30 days. User may contact CalVCB Customer Service Section to have the account reactivated. Upon termination or suspension of a CalVCB user account by CalVCB, User’s right to use the Portal immediately ceases.
6. Modification of Terms and Conditions
User understands and agrees that CalVCB may unilaterally modify the Terms. CalVCB will make reasonable efforts to notify User of any modifications; however, continued access to Portal shall constitute User’s acceptance of any modifications.
7. Warranties and Disclaimers
User understands and agrees that CalVCB does not make any representations, promises, or warranties, express or implied, about Portal. Portal is provided “as-is”, “with all faults” and “as available.” User further understands and agrees that use of Portal is at User’s own risk and CalVCB does not represent, promise, or warrant that Portal will be uninterrupted, timely, secure, complete, or error-free. User also understands and agrees that CalVCB disclaims all warranties, whether express or implied, regarding the security of data transmitted over the internet or information stored.
8. Limitation of Liability
User understands and agrees that CalVCB shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, punitive, treble or other multiples of damages arising from or in connection with use of Portal or the Standard Terms and Conditions. User further understands and agrees that CalVCB is not liable for any pecuniary losses or the loss of personal information resulting from use of Portal.
9. Indemnification
User hereby indemnifies fully and agrees to hold harmless and defend CalVCB from and against any and all liabilities, costs, demands, causes of action, damages and expenses, including reasonable attorney’s fees, arising out of or in any way related to User’s use of Portal.
10. Choice of Law and Forum
User understands and agrees that these Terms will be governed by and construed in accordance with the laws of the State of California. User submits to the non-exclusive jurisdiction of the Superior Court of California, County of Sacramento for the resolution of any disputes.
11. Severability
User understands and agrees that if any part of the Terms are determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provisions shall be deemed superseded by a valid, enforceable provision drafted by CalVCB that most closely matches the intent of the original provision. The remainder of the Terms shall remain in effect.
12. Entire Agreement
These Terms, including any legal notices and disclaimers contained in Portal, constitute the entire agreement between CalVCB and User in relation to use of Portal, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to Portal.