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Terms of use
CARE.COM TERMS OF USE
Last Updated: July 28, 2021
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND
A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
These Terms of Use (the "Terms" or "Agreement") set forth the terms and
conditions under which individuals residing in the United States may use the
Care.com Site and/or the Care.com Services (as defined below). Certain Care.com
Services are subject to additional policies, rules and terms and conditions,
which you may be required to agree to as a condition of using those Services
("Additional Terms"). In those cases, the applicable Additional Terms are set
forth in the printed or online Service materials relating to those Services.
* Please read these Terms and any applicable Additional Terms before using the
Site or the Services. By using the Site or the Services, you hereby
represent, warrant, understand, agree to and accept these Terms and any
applicable Additional Terms in their entirety whether or not you register as
a user of the Site or Services ("Registered Users").
* This Agreement contains an Agreement to Arbitrate, which will, with limited
exception, require you to submit claims you have against Care.com to binding
and final arbitration, unless you opt out of the Agreement to Arbitrate (see
Section 13 "Agreement to Arbitrate") no later than 30 days after the date you
first use the Care.com Site or Services. Unless you opt out: (1) you will
only be permitted to pursue claims against Care.com on an individual basis,
not as a plaintiff or class member in any class or representative action or
proceeding, and (2) you will only be permitted to seek relief (including
monetary, injunctive, and declaratory relief) on an individual basis
* These Terms include the Care.com Privacy Policy, which is incorporated
herein. If you object to anything in these Terms, the Privacy Policy or any
applicable Additional Terms, do not use the Site or the Services.
* These Terms are subject to change by Care.com at any time, subject to the
following notification process. We will notify you about material changes in
these Terms by sending a notice to the email address registered in your
account, or by placing a prominent notice on our Site, so that you can choose
whether to continue using our Services. Material changes will go into effect
no less than 30 days after we notify you. Non-material changes or
clarifications will take effect immediately upon posting of the updated Terms
on our Site. You should periodically check www.care.com/terms for updates.
Any use of the Site or the Services by you after the effective date of any
changes will constitute your acceptance of such changes. These Terms
supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below,
the "Site" shall mean www.care.com and any other websites, web pages, mobile
applications and mobile websites operated by Care.com, Inc. ("Care.com" or "we")
in the United States, and the "Services" shall mean any of the various services
that Care.com provides through the Site or any other channels, including without
limitation, over the telephone. The "Site" and "Services" also include certain
sites and services offered through Care.com's subsidiary, Care Concierge, Inc.
("Care Concierge"), formerly known as Parents in a Pinch, Inc., to the extent
explicitly described in these Terms.
However, the terms "Site" and "Services" do not include or involve the
following:
* Websites, web pages, mobile applications and mobile websites (and services
offered through such channels) operated by Care.com's other subsidiaries,
including without limitation Breedlove & Associates, LLC, which provides the
Care.com HomePay service, and our international subsidiaries. The sites and
services offered by such other subsidiaries are subject to separate terms to
which users of such sites and services must separately agree and which can be
found on their respective sites and/or service materials or within the
relevant mobile applications.
* Websites, web pages, mobile applications, and mobile websites (and services
offered through such channels) operated by Care.com which have separate terms
of service that do not expressly incorporate these Terms by reference.
* Third-party entities such as child care centers, nanny agencies, tutoring
centers, in-home care agencies and other corporate care providers that may
use the Care.com Site or Services to market their services and/or recruit
employees.
1. Description of Services; Limitations; User Responsibilities
2. Eligibility to Use the Site and Services
3. Rules For User Conduct and Use of Services
4. Background and Verification Checks
5. Termination
6. Privacy
7. Links to External Sites
8. Payment and Refund Policy
9. Release of Liability for Conduct and Disputes
10. Age Restrictions
11. Disclaimers; Limitations; Waivers; and Indemnification
12. Copyright Notices/Complaints
13. Agreement to Arbitrate
14. Governing Law and Jurisdiction
15. Consent to Electronic Communication
16. Miscellaneous
17. Severability
18. Contact Information
1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
1. 1.1 ABOUT OUR SERVICES
Care.com offers various Services to help its users find, coordinate, and
maintain quality care. The Services we offer include, among others:
* We provide a platform for individuals seeking care services (such as
individual or shared child care, senior care, special needs, pet care,
tutoring and housekeeping services) and corporate care providers
seeking to hire individual care providers (such as child centers,
in-home care agencies, and senior living facilities) (each "Care
Seekers") to post jobs on the Site, and to search for, narrow, find,
and communicate with individuals and entities who provide care
services ("Care Providers"), and for Care Providers to post profiles
on the Site and browse, search, and apply to jobs. We also provide
functionality that allows Care Seekers to search for and message other
Care Seekers to help facilitate shared child care services.
* We provide tools and information to help Care Seekers and Care
Providers make more informed decisions, such as (i) our Safety Center
at http://www.care.com/safety-center-p1273.html which includes a
safety guide and safety resources, (ii) verification dashboards on
Care Provider profiles, which enable Care Seekers to check the status
of a Care Provider's various verifications, and (iii) a process for
Care Seekers to obtain background check reports from third-party
consumer reporting agencies on individual Care Providers who consent
to the running and sharing of those reports.
* We provide a directory of entity Care Providers that operate
care-related businesses such as child care centers, family child care
centers, nanny agencies, au pairs agencies, summer camps, tutoring
centers, in-home care agencies, senior care housing companies and
housekeepers from which users may contact or request information.
* For certain Care Seekers who enroll in Care.com through their
employer's benefits program and for certain other Care Seekers, we
offer through our subsidiaries Care Concierge, Inc., Town and Country
Resources, and Trusted Labs, Inc., certain additional services,
including:
* A Backup Care Service that enables them to receive periodic
emergency backup care from one or more of our subsidiaries or from
third party contractors (such third parties, along with the
individuals who work for them, "Backup Care Providers").
* A Senior Care Planning Service that assists families who want to
better understand senior care options for themselves or their loved
ones.
* An Expert Assistance service that provides additional assistance in
narrowing down the list of Care Providers for Care Seekers to
choose from based on their respective care needs and preferences as
communicated to us.
* We provide an online community for Registered Users to communicate and
share information with other Registered Users who share a common
interest or bond.
* We offer through Stripe, Inc., ("Stripe"), a third party, a service
that facilitates the payment of Care Providers by Care Seekers via
credit card or debit card. These payment processing services are
provided by Stripe and are subject to the Stripe Connected Account
Agreement, which includes the Stripe Terms of Service (collectively,
the "Stripe Services Agreement"). By agreeing to these Terms, Care
Providers that use the payment service also agree to be bound by the
Stripe Services Agreement, as the same may be modified by Stripe from
time to time. As a condition of Care.com enabling payment processing
services through Stripe, you agree to provide Care.com accurate and
complete information about you, and you authorize Care.com to share it
and transaction information related to your use of the payment
processing services provided by Stripe. Care.com assumes no liability
or responsibility for any payments you may make through this service,
and all such payments are non-refundable. Care Providers who elect to
receive payments from Care Seekers through this service can also
qualify for certain benefits under a program operated by Care.com.
* We offer eligible Care Providers access to various benefits from third
party service providers, including, without limitation, those that
offer access to health insurance, and other benefits.
* We offer, as part of the functionality contained in one or more of our
mobile applications, the ability for Care Seekers and Care Providers
to exchange information and conduct interviews via live video streams.
This feature is powered by technology (the "OpenTok Platform")
licensed to us by TokBox, Inc., a third party independent of Care.com.
Care Seekers and Care Providers shall not be deemed to have any
contractual relationship with Tokbox, Inc. under these Terms of Use,
and shall not be deemed to constitute third party beneficiaries under
any agreement between Care.com and TokBox, Inc. Care.com shall be
solely responsible for providing any customer service, if any, to Care
Seekers or Care Providers that elect to use the OpenTok Platform.
Our Services continue to grow and change. Please refer to our Site for
further information about the Services we provide.
2. 1.2. LIMITATIONS OF OUR SERVICES
We offer Services to help our users find, coordinate, and maintain care
for their families. However, except where specifically provided in these
Terms, in any applicable Additional Terms, or on the Site itself.
* Except for Backup Care Providers employed by our subsidiaries, we do
not employ any Care Providers and are not responsible for the conduct,
whether online or offline, of any Care Seeker, Care Provider, or other
user of the Site or Services. Care Seekers are responsible for
compliance with all applicable employment and other laws in connection
with any employment relationship they establish (such as applicable
Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
* Care Seeker and Care Provider content is primarily user generated. We
do not control or vet user-generated content for accuracy, and we do
not assume and expressly disclaim any responsibility for the accuracy
or reliability of any information provided by Care Providers or Care
Seekers on or off the Site. We do not assume and expressly disclaim
any liability that may result from the use of information provided on
our Site.
* We do not refer or recommend Care Seekers or Care Providers nor do we
make any representations about the suitability, reliability,
timeliness, or accuracy of the services provided by Care Providers or
the integrity, responsibility or actions of Care Seekers or Care
Providers whether in public, private or offline interactions. Any
screening of a Care Seeker or Care Provider and his, her or its
information by Care.com is limited and should not be taken as
complete, accurate, up-to-date or conclusive of the individual's or
entity's suitability as an employer or care provider.
* We are not an employment agency, and we do not secure or procure
employees for any Care Seekers, nor do we secure or procure
opportunities for employment for any Care Providers.
* We do not control, monitor, supervise, or oversee the quality, timing,
hours, pay, legality, or any other aspect of services delivered by
Care Providers, nor do we require Care Providers to accept or work any
jobs or deliver any services at all.
* We do not provide any medical, diagnostic, treatment or clinical
service or engage in any conduct that requires a professional license.
* We may offer certain Registered Users the opportunity to verify
certain information such as their email address, cell phone number,
or, in the case of child care centers, their state license
information. If we indicate that certain information has been
verified, it means that the user has complied with the process we have
established for verifying such information. However, we do not
guarantee, nor do we represent or warrant, that the information is
accurate or that it belongs to the Registered User who supplied it.
Please review carefully the Release of Liability Form Third-Party
Content and Conduct that appears in Section 9 below for important
limitations on Care.com's liability to which you are agreeing by using
the Site and Services.
3. 1.3. USER RESPONSIBILITIES
Registered Users are solely responsible for interviewing, vetting,
performing background and reference checks on, verifying information
provided by, and selecting an appropriate Care Seeker or Care Provider
for themselves or their family. The only exception is when a third party
we or one of our subsidiaries contracts with to provide services in
support of the Backup Care Service selects on behalf of the Registered
User the specific individual Backup Care Provider from the agency who
will provide backup or senior care services. In that limited
circumstance only, the agency (as opposed to the Registered User) is
responsible for screening the Backup Care Provider it selects on behalf
of the Registered User.
Please visit our Safety Center at www.care.com/safety-center-p1273.html
for recommendations on how to make more informed hiring and employment
decisions, as well as for tips if you are a Care Seeker looking to find
another Care Seeker with whom to share child care services in your area.
Each Care Seeker is responsible for complying with all applicable
employment and other laws in connection with any employment relationship
they establish, including verifying the age of the Care Provider they
select as well as that Care Provider's eligibility to work in the US.
2. ELIGIBILITY TO USE THE SITE AND SERVICES
By requesting to use, registering to use and/or using the Site or the
Services, you represent and warrant that you have the right, authority and
capacity to enter into these Terms and you commit to abide by all of the
terms and conditions hereof. You also represent and warrant that you meet
the following eligibility criteria:
* You intend to use the Site and Services solely for the purpose of finding
or managing care or care-related jobs, or for finding or sharing
information relating to care.
* Our Services are available only to individuals who are eighteen (18)
years of age or older. If you do not meet this age requirement, do not
register to use the Site or Services.
* The Site and the Services are currently available only to individuals who
reside legally in the United States or the territory of Puerto Rico. If
you reside outside the United States or Puerto Rico, visit our Site
homepage for a listing of other countries where our subsidiaries or
affiliates offer similar services.
* If you are registering to be a Care Provider, you must be permitted to
legally work within the United States or Puerto Rico.
* Neither you nor any member of your household may have ever been:
* the subject of a conviction, arrest, charge, complaint, restraining
order or any other legal action involving:
* any felony;
* any other criminal offense involving violence, physical, sexual, or
emotional abuse or neglect, or theft, drugs, or
* any offense, violation, or unlawful act that involves endangering the
safety of others, fraud, dishonesty, or reckless or negligent
conduct.
* registered, or currently required to register, as a sex offender with
any government entity.
* You must not be a competitor of Care.com or using our Services for
reasons that are in competition with Care.com.
* If you are an individual Care Seeker you must not have had fifteen or
more employees for each working day in each of twenty or more calendar
weeks in the current or preceding calendar year (or five or more if you
are seeking services in the State of California).
* If you provide child care services in the State of Kansas, you must not
be a licensed day care provider or provide your services outside the
child's home.
3. RULES FOR USER CONDUCT AND USE OF SERVICES
1. 3.1. REGISTRATION, POSTING, AND CONTENT RESTRICTIONS
The following rules pertain to "Content", defined as any communications,
images, sounds, videos, and all the material, data, and information that
you upload or transmit through the Site or Services, whether to Care.com
or to other Registered Users or Site Visitors, or that other users
upload or transmit, including without limitation any content, messages,
photos, audios, videos, reviews or profiles that you publish or display
(hereinafter, "post"):
* Any Content that you post, upload or transmit to or through the Site
or Services is solely for the purpose of finding or managing care or
care-related jobs, or for finding or sharing information relating to
care.
* You are responsible for providing accurate, current and complete
information in connection with your registration for use of the Site
and the Services.
* You will register your account in your own legal name, even if you are
seeking care for another individual or family member.
* Unless otherwise permitted by Care.com, all Content you post will be
in English as the Site and Services generally are not supported in any
other languages.
* You are solely responsible for any Content that you post on the Site
or transmit to other users of the Site. You will not post on the Site,
or transmit to other users, any defamatory, inaccurate, abusive,
obscene, profane, offensive, sexually oriented, threatening,
harassing, defamatory, racially offensive, or illegal material, or any
material that infringes or violates another party's rights (including,
but not limited to, intellectual property rights, and rights of
privacy and publicity), or advocate, promote or assist any unlawful
act such as (by way of example only) copyright infringement or
computer misuse, or give the impression that any Content emanates from
Care.com where this is not the case. You will not provide inaccurate,
misleading, defamatory or false information to Care.com or to any
other user of the Site, and all opinions stated as part of Content
must be genuinely held. Without limiting the foregoing, you represent
and warrant to us that you have the right and authority to post all
information you post about yourself or others, including without
limitation that you have authorization from a parent or guardian of
any minor who is the subject of any Content you post to post such
Content.
* You understand and agree that Care.com may, in its sole discretion,
review, edit, and delete any Content, in each case in whole or in
part, that in the sole judgment of Care.com violates these Terms or
which Care.com determines in its sole discretion might be offensive,
inappropriate, illegal, or that might violate the rights, harm, or
threaten the safety of users of the Site or others.
* You have the right, and hereby grant, to Care.com, its Affiliates,
licensees and successors, an irrevocable, perpetual, non-exclusive,
fully paid-up, transferable, worldwide license to use, copy, perform,
display, reproduce, adapt, modify and distribute your Content and to
prepare derivative works of, or incorporate into other works, such
Content, and to grant and authorize sublicenses of the foregoing. You
further represent and warrant that public posting and use of your
Content by Care.com will not infringe or violate the rights of any
third party.
* Your use of the Services, including but not limited to the Content you
post on the Site, must be in accordance with any and all applicable
laws and regulations.
* We welcome your feedback and questions about the Site and Services.
However, you agree that any comments, ideas, messages, questions,
suggestions, or other communications you send to us or share with us
through any channel (including, without limitation, the Site, email,
telephone, surveys, and our social media accounts) shall be and remain
the exclusive property of Care.com and we may use all such
communications, all without notice to, consent from, or compensation
to you.
As Care Seeker and Care Provider Content is primarily user generated, we
do not control or vet such Content for accuracy, and we do not assume
and expressly disclaim any responsibility for the accuracy or
reliability of any Content provided by Care Providers or Care Seekers on
or off the Site, including any Content that may include misstatements or
misrepresentations or that may be defamatory or disparaging. Users
hereby represent, understand and agree to hold Care.com harmless for any
misstatements misrepresentations, or other disparaging or defamatory
statements made by or on behalf of them on this Site or in any other
venue.
Opinions, advice, statements, offers, or other information or content
made available on the Site or through the Site, but not directly by
Care.com, are those of their respective authors. Such authors are solely
responsible for such content. Care.com does not: (i) guarantee the
accuracy, completeness, or usefulness of any information on the Site or
available through the Service, or (ii) adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion, advice,
or statement made by any party that appears on the Site or through the
Service. Under no circumstances will Care.com or its Affiliates be
responsible for any loss or damage resulting from: (a) your reliance on
information or other content posted on the Site or transmitted to or by
any user of the Site or Service; or (b) reviews or comments made about
you on the Site by other users.
You agree that Care.com has no obligation to remove any reviews or other
information posted on the Site about you or any other person or entity.
If you disagree with a review, you may post one rebuttal to the review,
provided your rebuttal complies with these Terms. You may not terminate
your registration and re-register in order to prevent a review from
being associated with your account. The author of a review can always
remove or request removal of a review they have written.
2. 3.2. EXCLUSIVE USE
If you are a Care Seeker, you may use your account only to find care for
yourself, your parents, your children, your grandchildren, individuals
for whom you are otherwise the legal guardian, or children of another
Care Seeker with whom you are entering a shared child care arrangement.
If you are a Care Provider, you may use your account only to find care
jobs for yourself. You are responsible for all activity on and use of
your account, and you may not assign or otherwise transfer your account
to any other person or entity.
3. 3.3. PROHIBITED USES
By using the Site or Services of Care.com, you agree that you will not
under any circumstances:
* use the Site, Services, or any information contained therein in any
way that is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable or
offensive;
* use the Site or Services for any fraudulent or unlawful purpose, for
any purpose unrelated to care or caregiving, or for any other purpose
not expressly intended by Care.com;
* harass, abuse or harm another person or group, or attempt to do so;
* use another user's Care.com account;
* provide false or inaccurate information when registering an account on
Care.com, using the Services or communicating with other Registered
Users;
* attempt to re-register with Care.com if we have terminated your
account for any or no reason or terminate your registration and
re-register in order to prevent a review from being associated with
your account;
* interfere or attempt to interfere with the proper functioning of
Care.com's Services;
* make any automated use of the system, or take any action that we deem
to impose or to potentially impose an unreasonable or
disproportionately large load on our servers or network
infrastructure;
* bypass any robot exclusion headers or other measures we take to
restrict access to the Service or use any software, technology, or
device to scrape, spider, or crawl the Service or harvest or
manipulate data (whether manually or through automated means);
* use the communication systems provided by or contacts made on Care.com
for any commercial solicitation purposes other than those expressly
permitted by Care.com;
* publish or link to malicious content intended to damage or disrupt
another user's browser or computer.
In order to protect our users from prohibited activity, we reserve the
right to take appropriate actions, including but not limited to
restricting the amount of messages a user may send in any 24-hour period
to an amount which we deem appropriate in our sole discretion.
Should Care.com find that you violated the terms of this Section or any
terms stated herein, Care.com reserves the right, at its sole
discretion, to immediately terminate your use of the Site and Services.
By using the Site and/or Services, you agree that Care.com may assess,
and you will be obligated to pay, $10,000 per each day that you: (i)
maintain Care Provider or Care Seeker information (including but not
limited to, names, addresses, phone numbers, or email addresses) or
copyrighted material that you scraped (either directly or indirectly in
a manual or automatic manner) from the Site, or (ii) otherwise mis-use
or mis-appropriate Site Content, including but not limited to, use on a
"mirrored", competitive, or third party site. This obligation shall be
in addition to any other rights Care.com may have under these Terms or
applicable law. Further, in order to protect the integrity of the Site
and the Services, Care.com reserves the right at any time in its sole
discretion to block users from certain IP addresses from accessing the
Site.
4. BACKGROUND AND VERIFICATION CHECKS
1. 4.1 Care Providers Can Order or Authorize Background Checks about
Themselves and Can Authorize the Sharing of Them with Other Members
Care.com offers to individuals who have registered as Care Providers and
Care Seekers one or more background check services from third-party
consumer reporting agencies ("Background Checks"). Certain background
checks may be made available for purchase by both Care Seekers and Care
Providers, while others may only be made only be available for purchase
by Care Seekers or Care Providers. All background checks require payment
of a separate fee by the Member who is initiating the background check
request and are subject to the consent of the Care Provider on whom the
check is being performed.
Each of these Background Checks is regulated by the Fair Credit
Reporting Act ("FCRA"), and the background reports resulting from these
services are considered "consumer reports" under FCRA. Consumer reports
may contain information on your character, general reputation, personal
characteristics, and mode of living, including but not limited to
consumer credit, criminal history, workers' compensation, driving,
employment, military, civil, and educational data and reports.
Care.com will receive a copy of each Background Check you order or
authorize through Care.com. See Section 4.4 below for information
regarding Care.com's use of these Background Checks. You are responsible
for making sure that the email address you provide to Care.com is
correct, knowing that sensitive information will be sent to it.
If you are a Care Provider and you authorize a third-party background
check ordered by a Care Seeker, the results of that background check
will be made available to the Care Seeker who ordered it, regardless of
its contents.
If you are a Care Provider and you have ordered a Background Check on
yourself from a third-party consumer reporting agency through Care.com,
we may indicate in your profile that you have completed that check.
However, we will not share the results with any other site visitor or
Registered User without your specific authorization.
2. 4.2. Background Check Offerings Available to Individuals Who May Not
Have Registered As Care Providers or Care Seekers
Through certain pages of the Site, we may from time to time offer to
individuals who may or may not be registered as Care Seekers the
opportunity to purchase certain background checks on caregivers who are
not necessarily registered on Care.com. These background checks are
performed by a third-party consumer reporting agency and are subject to
the terms of Section 4.1, 4.3, and 4.7 except that (i) references to
Care Seekers shall refer to individuals who order the checks regardless
of whether they are registered as Care Seekers, (ii) references to Care
Providers shall refer to individuals who authorize the check to be
performed on themselves regardless of whether they are registered as
Care Providers, and (iii) Care.com does not view the results of these
checks regardless of whether the caregiver on whom the check is
performed is registered as a Care Provider.
3. 4.3. Special Responsibilities of Users of Background Check under FCRA
The use of any background check reports obtained through the Site is
governed by the federal Fair Credit Reporting Act ("FCRA") and certain
state laws. If you order or request access to background check on a Care
Seeker, you are considered an end user of the check, and must agree to a
required End User Certification before the check will be processed. This
End User Certification requires you to certify that you will comply with
the FCRA and any applicable state laws, and summarizes key legal
obligations. A summary of your responsibilities in using the information
contained the background check can be found
http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.
If there is negative data in a check you receive, and you choose to take
"adverse action" (i.e. if you choose to pass on that individual's
candidacy) on the basis of this negative data, you must agree to take
certain procedural steps, which can be found at
http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.
These include notifying the individual who is the subject of the report
of your decision to take adverse action based on information contained
in the report and the subject's right to contest the accuracy or
completeness of the report. Depending on the specific background check
you order, Care.com may provide a mechanism for you to request that the
consumer reporting agency who performed the check complete these steps
on your behalf. Where such a mechanism is not available, you are
responsible for making any required notifications yourself. If the
subject contests the report with the consumer reporting agency, you are
required to suspend the hiring process while the agency researches the
accuracy and completeness of the report.
4. 4.4 Care.com May Review and Use Background Checks You Order or Authorize
About Yourself
By registering for and using the Site or Services as an individual Care
Provider, and subject to your authorization, you acknowledge and agree
that Care.com may review and use any Background Checks you have ordered
or authorized about yourself for the purpose of protecting the safety
and integrity of our Site and its users, which may, in the case of
certain Care Providers, be considered an employment purpose pursuant to
the FCRA. Care.com reserves the right to terminate your membership based
on the information contained in such report, even if such information
was subsequently dismissed.
If Care.com terminates your membership or access to the Site on the
basis of information in a Background Check, we will notify you and
provide you the name and contact information of the consumer reporting
agency that created the report. We will also provide you a copy of the
report unless the consumer reporting agency has already provided you a
copy or access to it. You hereby represent, understand and expressly
agree that Care.com does not have control over or assume any
responsibility for the quality, accuracy, or reliability of the
information included in these Background Checks. Furthermore, any
inaccuracies in the report must be addressed with the consumer reporting
agency that issued it and not Care.com.
5. 4.5 Care.com May Order and Use Background Screenings About You
By registering for and using the Site or Services as a Care Seeker or
Care Provider, you hereby acknowledge and agree that Care.com has the
right, but not the obligation, to use a third-party consumer reporting
agency on an ongoing basis to use your personal information to run
periodic background screenings on you for the purpose of protecting the
safety and integrity of our Site and its users ("Preliminary Membership
Screens"), which may, in the case of certain Care Providers, be deemed
to be an employment purpose under the FCRA. Subject to certain
additional disclosures and authorizations, if applicable to you as a
Care Provider, Care.com may order these screenings when you register
with Care.com and thereafter in connection with your continued use of
our Services and/or interaction with our Site (such as by contacting or
communicating with other members, posting or updating a job or profile,
ordering or authorizing a Background Check, etc.).
These Preliminary Membership Screens may also regulated by FCRA, and the
background reports resulting from these services may be considered
"consumer reports" under FCRA.
You understand and agree that Care.com may review the information
provided by the third-party consumer reporting agency and that Care.com
retains the right to terminate your Care.com registration based on the
information it receives from these checks, even if such information was
subsequently changed or corrected. If Care.com terminates your
membership or access to the Site on the basis of information in a
background report, we will notify you and provide you the name and
contact information of the consumer reporting agency that created the
report. We will also provide you access to a copy of the report unless
the consumer reporting agency has already provided you a copy or access
to it. You hereby represent, understand and expressly agree that
Care.com does not have control over or assume any responsibility for the
quality, accuracy, or reliability of the information included in these
checks. Furthermore, any inaccuracies in the report must be addressed
with the consumer reporting agency that issued it (and not Care.com)
within the time period specified in your notice. Notwithstanding this,
you agree that Care.com is under no obligation to reinstate any accounts
it may have terminated even if the information that led to the
termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU
AS A CARE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE
TO ALLOW CARE.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE
PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND
CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARE.COM.
6. 4.6. Care.com May Regularly Verify Your Identity and the Accuracy of
Your Representations and Warranties
By registering as a Care Provider or Care Seeker, and, if applicable to
you as a Care Provider, subject to your additional authorization, you
authorize Care.com, and acknowledge that for purposes of promoting the
safety and integrity of its Site and Service, Care.com reserves the
right, but not the obligation, to utilize third party service providers
to verify on an ongoing basis that your registration data is accurate
and that the representations and warranties in Section 2 above
addressing legal matters such as complaints, arrests, sex offender
status, etc. are also true ("Verification Checks"). These third parties
may use data from a variety of sources, under a variety of
circumstances, for these site safety purposes including, without
limitation, information from national criminal databases, sex offender
registries, certain media streams, terrorist watch lists, criminal and
fugitive watch lists, fraud watch lists, law enforcement reports, and
other data.
You agree that Care.com may take such action in response to Verification
Checks as it deems appropriate in its sole discretion, including without
limitation suspending and/or terminating your membership, should it
determine that you have violated any representation or warranty or any
other provision of these Terms or are otherwise unsuitable for Care.com.
You also hereby represent, understand and expressly agree that Care.com
does not have control over or assume any responsibility for the quality,
accuracy, or reliability of the information included in a Verification
Check. We do not typically communicate the results of a Verification
Check to any third party, though we reserve the right to do so for law
enforcement or other safety-related purposes in accordance with
applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER
SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARE.COM TO
PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT
THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARE.COM.
7. 4.7 Important Limitations About Background Checks; Release of Liability
for Results of Background Checks, Internal Background Checks, and
Verification Checks
SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County
Searches conducted in Massachusetts and New Hampshire as part of the
Criminal Records Check and the Criminal+MVR Records Check (for
individuals who are believed to have lived in one or both of these
states during the seven years preceding the background check request)
search only the Superior Court and a single District Court in the county
seat or its equivalent for each county listed below. Criminal records
(including misdemeanors and felonies) from other courts in these states
will not be searched.
This is an illustrative, non-comprehensive, list of certain state and
county limitations of the background checks offered through Care.com;
additional limitations may apply in certain jurisdictions, including on
the federal level. For example, for many states only certain registered
sex offender information is reported, and for many states, only a subset
of felony convictions are reported (and not any misdemeanors, charges or
arrest records).
In addition to legal and reporting system limitations of background
checks, each check is performed with the authorization of the person
being checked, using information he or she provides, such as home
address, social security number, date of birth, and name. If a candidate
provides incorrect information, the check might be run with inaccurate
identifying data, which can impact the validity of the criminal check.
Finally, criminal records are not always reported accurately or
promptly, and human and electronic error can result in inaccurate or
incomplete reporting. Consequently, even the most comprehensive
background check offered may not disclose the existence of all criminal
records in all jurisdictions.
If you decide to access, use, or share information provided by a
Background Check, you agree to do so in accordance with applicable law.
You also agree to release, indemnify and hold harmless Care.com from any
loss, liability, injury, death, damage, or costs that may result from
your use of, reliance on, or sharing of the information contained in a
Background Check regardless of the cause, including, without limitation,
due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Care.com has no obligation to perform
Background Checks, Internal Background Checks, or Verification Checks on
any Registered Users. To the extent Care.com performs such checks on
certain Registered Users, the checks are limited and should not be taken
as complete, accurate, up-to-date or conclusive evidence of the accuracy
of any information those users have provided or of their eligibility to
use the Services.
5. TERMINATION
Care.com reserves the right, in its sole discretion, to immediately
terminate your access to all or part of the Care.com Site and/or Services,
to remove your profile and/or any content posted by or about you from the
Site, and/or to terminate your account with Care.com, with or without
notice for any reason or no reason in its sole discretion, including
without limitation if Care.com should determine that you are not eligible
to use the Services, have violated any terms stated herein or in any of the
Additional Terms, are not suitable for participation as a Registered User,
have mis-used or mis-appropriated Site content, including but not limited
to use on a "mirrored," competitive, or third-party site. Upon termination,
Care.com shall be under no obligation to provide you with a copy of any
content posted by or about you on the Site. If we terminate your
registration, we have no obligation to notify you of the reason, if any,
for your termination.
You understand and agree that, following any termination of any
individual's use of the Site or the Services, Care.com has the right, but
not the obligation, to send a notice of such termination to other
Registered Users with whom we believe the individual has corresponded. Our
decision to terminate an individual's registration and/or to notify other
Registered Users with whom we believe the individual has corresponded does
not constitute, and should not be interpreted or used as information
bearing on, the individual's character, general reputation, personal
characteristics, or mode of living.
6. PRIVACY
Care.com uses the information you provide on the Site or via the Services
or in accordance with our Privacy Policy. For more information, see our
full Privacy Policy, the terms of which are incorporated herein.
7. LINKS TO EXTERNAL SITES
Links from the Site to external sites (including external sites that are
framed by Care.com) or inclusion of advertisements and other third-party
content on the Site, do not constitute an endorsement by Care.com of such
sites or the content, products, advertising and other materials presented
on such sites or of the products and services that are the subject of such
third-party content, but are for users' reference and convenience. Care.com
does not control third-party sites or content, and is not responsible for
them. Such sites and content are governed by their respective owners' terms
of use and privacy policies, and not these Terms or Care.com's Privacy
Policy.
Care.com expressly disclaims any liability derived from the use and/or
viewing of links that may appear on this Site. All users hereby agree to
hold Care.com harmless from any liability that may result from the use of
links that may appear on the Site.
8. PAYMENT AND REFUND POLICY
In order to utilize some Care.com Services or product offerings, the user
of such Services or product offerings must pay Care.com either a recurring
subscription, one-time, or other fees. In addition, the user is responsible
for any state or local sales taxes associated with the Services or product
offerings purchased. Notwithstanding the foregoing, for certain Care
Seekers who enroll in Care.com and receive access to a paid membership
subscription through their employer's benefits program, the related
subscription fee is paid by their employer, and the Care Seeker has no
obligation to pay the automatically renewing subscription fee associated
with such subscription so long as the subscription remains part of the
employer's benefits program.
1. 8.1 BILLING AND PAYMENT
If you sign up for a Care.com paid membership subscription, or for a
Service or product that includes a recurring fee, you agree to pay
Care.com all charges associated with the subscription, Service, or
product you choose, as described on the Site at the time you submit your
payment information. You also authorize Care.com, or a third-party
payment processor that works on our behalf, to charge your chosen
payment method according to the terms of your chosen subscription,
Service, or product. Care.com reserves the right to correct any errors
or mistakes that it makes even if it has already requested or received
payment.
To the extent you elect to purchase other Services or product offerings
we may offer for a non-recurring fee, you authorize Care.com to charge
your chosen payment provider for the Services and/or products you
purchase. You agree that if Care.com already has your credit card on
file as a result of prior purchases you have made, we may charge that
credit card for the additional Services or products you purchase.
2. 8.2 AUTOMATIC SUBSCRIPTION RENEWAL AND CANCELLATION
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR
PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY
RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT
PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE
SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE
TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE
MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION
PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE
SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO
BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE
THEN-CURRENT SUBSCRIPTION TERM.
FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED
THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL
SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE
SERVICE OR PRODUCT.
You may cancel your paid membership subscription at any time by
following the instructions on your account settings page. If you cancel
a paid subscription, you typically will be permitted to use your
subscription until the end of your then-current subscription term. Your
paid subscription will not be renewed after your then-current term
expires, but your payment method will be charged, and you will be
required to pay, any cancellation or other fees associated with your
early termination and disclosed to you at the time you signed up for the
subscription plan.
3. 8.3 INSTALLMENT PLAN OPTIONS
From time to time, we may offer products or Services (including but not
limited to premium subscriptions) that include an option to pay some or
all of the applicable fees in installments. In the case of recurring
subscriptions, the installment payment option may apply only to the
initial subscription term, and not to any renewal or recurring terms or
payments.
By selecting an installment payment option, you agree to pay Care.com
all charges associated with the subscription, Service, or product you
purchase, as described on the Site at the time you submit your payment
information. You also authorize Care.com, or a third-party payment
processor that works on our behalf, to charge your chosen payment method
according to the terms of your chosen installment plan.
If you purchase a Service (such as a premium subscription) you agree and
understand that, unless otherwise required by applicable law, you are
committing to make all of the agreed-upon installment payments,
regardless of whether you cancel the purchased Service. If you cancel
your subscription prior to completing all installment payments due,
then, unless otherwise required by applicable law, the remaining balance
of the subscription will remain due and payable pursuant to the
installment payment schedule you agreed to.
If Care.com is not able to charge any payment to your chosen payment
method, we reserve the right to pursue any remedy that may be available
to us, including the right to suspend or terminate your premium
subscription and/or your Care.com account. You agree that Care.com and
its Affiliates have no liability related to the exercise of these
remedies.
Notwithstanding the foregoing, nothing in this Section is intended to
limit or alter Care.com's right to terminate your account at any time
pursuant to Section 5 above.
4. 8.4 FREE TRIAL OFFERS
Care.com may offer limited-time free trial subscriptions to certain
users from time-to-time. Users who sign up for a Care.com Service on a
free trial basis may have limited access to the Service and/or features
of the Site. If a user signs up for a free trial subscription, unless he
or she cancels before the expiration of the free trial period, the user
will be charged the price then in effect for a subscription to the
Service, unless otherwise informed by Care.com at the time of original
subscription. If a user does not want to continue with the Service after
the expiration of the free trial period, the Care Seeker or Care
Provider must downgrade or cancel their subscription, and request a
refund of the subscription fee within thirty (30) days of being charged
the subscription fee for the Service. Upon cancellation, the Care Seeker
or Care Provider's credit card will be refunded for the amount of the
most recent subscription charge so long as he or she has not used the
subscription after the expiration of the free trial period.
5. 8.5 REWARD POINTS
As part of your membership or as a promotion, we may issue you reward
points redeemable for products or services as described on the Site.
Such points may only be redeemed via the Site, have no cash value, are
not redeemable for cash (except to the extent specifically required by
law), and are non-transferrable and non-refundable under any
circumstances. Reward points have no fixed value, but may be redeemed
for the lesser of (1) the cost of the goods or services for which they
are redeemed; or (2) the maximum value of a point stated on the Site
(which may change from time to time in the discretion of Care.com).
Reward points may only be redeemed in whole increments up to the total
value reflected on the Site. No partial redemptions are permitted. More
than one reward point may be applied per transaction. Reward points
issued in connection with a premium subscription or service will
automatically be applied to such purchases before other available reward
points. Reward points are valid for a limited time, as described on the
Site and in any Additional Terms that may apply to the service through
which the points are issued or redeemed. Any unused reward points are
forfeited immediately if you do not maintain the required membership
status (as described on the Site), or if you or we close or terminate
your account pursuant to Section 5 above.
6. 8.6 REFUND POLICY
Except as set forth in these Terms or as described on the Site at the
time you make a purchase, all payments for subscriptions, services or
products made on or through the Site or Services are non-refundable, and
there are no refunds or credits for unused or partially used
subscriptions, services or products, even if you cancel your membership
or a subscription, service, or product in the middle of a term.
9. RELEASE OF LIABILITY FOR CONDUCT AND DISPUTES
By using this Site or our Services, you hereby represent, understand, and
expressly agree to release and hold Care.com (and Care.com's officers,
directors, shareholders, employees, parents, subsidiaries, other
affiliates, successors, assignees, agents, representatives, advertisers,
marketing partners, licensors, independent contractors, recruiters,
corporate partners or resellers, or your employer, if you enrolled in
Care.com through their employer's benefits program, ("Affiliates"))
harmless from any claim or controversy that may arise out of:
* the actions or inactions of, or the relationship between, you and any
Care Seeker, Care Provider or other user(s) of the Site that are not
Backup Care Providers employed by one of our subsidiaries; and
* any information, instruction, advice or services created by any Care
Seeker, Care Provider, or other third party that appeared on, or was
communicated through, the Site
Care.com and its Affiliates expressly disclaims any liability whatsoever
for any damage, suits, claims, and/or controversies that have arisen or may
arise, whether known or unknown, from the above.
10. AGE RESTRICTIONS
Care.com is intended for people 18 or over. Care.com will not knowingly
collect any information from individuals under 13. Should we determine that
you do not meet the age requirements for using our Site or Services, your
registration will be terminated immediately.
11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
1. 11.1. NO WARRANTY
The information and materials contained on the Site, including text,
graphics, information, links or other items are provided "as is," "as
available." Further, opinions, advice, statements, offers, or other
information or content made available through the Services, but not
directly by Care.com, are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible for
such content. CARE.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR
COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR
ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARE.COM; (3) WARRANT
THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER
VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR
REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR
(4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, CARE.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES
AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW
OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN
THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, CARE.COM MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED
REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS
A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.
WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL
CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT
BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE
INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, CARE.COM OR ITS
INFORMATION PROVIDERS. IN NO EVENT WILL CARE.COM OR ITS INFORMATION
PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE
OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS.
2. 11.2. ASSUMPTION OF RISK
While Care.com takes certain steps to help promote the safety of our
Site and Services, finding care or care-related jobs via an online
platform like ours comes with certain inherent risks. We do not provide
any training, supervision, or monitoring of Care Seekers or Care
Providers, and we cannot guarantee that all of your interactions with
other Registered Users, site visitors, their families, or others
associated with them, will always be 100% safe and respectful. You agree
to assume all risks when using the Site and the Services, including but
not limited to injury, illness, death, and all other risks associated
with any online or offline interactions with users of the Site or the
Services. You also agree not to rely solely on steps Care.com may take
to vet or screen Care Providers or Care Seekers and/or their Content, or
otherwise to promote the safety of the Site and Services. You further
agree to take all necessary precautions, including but not limited to
reviewing the recommendations set forth in Care.com's Safety Center at
www.care.com/safety-center-p1273.html, when interacting with other site
visitors, Registered Users, their families, and others associated with
them.
3. 11.3. LIMITATION OF LIABILITY
Incidental Damages and Aggregate Liability. In no event will Care.com be
liable for any indirect, special, incidental, or consequential damages,
losses or expenses arising out of or relating to the use or inability to
use the Site or Services, including without limitation damages related
to any information received from the Site or Services, removal of
content from the Site, including profile information, any email
distributed to any user or any linked web site or use thereof or
inability to use by any party, or in connection with any termination of
your subscription or ability to access the Site or Services, failure of
performance, error, omission, interruption, defect, delay in operation
or transmission, computer virus or line or system failure, even if
Care.com, or representatives thereof, are advised of the possibility of
such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CARE.COM'S
AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH
THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE
PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CARE.COM FOR THE
USE OF ANY SERVICES, THE AMOUNT OF $25.00.
No Liability for non-Care.com Actions. IN NO EVENT WILL CARE.COM BE
LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL,
SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR
RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE
OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED
USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY,
EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S
RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR
TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER
REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE.
THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF
USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO
DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other
provisions of these Terms, any advice that may be posted on the Site is
for informational purposes only and is not intended to replace or
substitute for any professional financial, medical, legal, or other
advice. Care.com makes no representations or warranties and expressly
disclaims any and all liability concerning any treatment, action by, or
effect on any person following the information offered or provided
within or through the Site. If you have specific concerns or a situation
arises in which you require professional or medical advice, you should
consult with an appropriately trained and qualified specialist.
4. 11.4. INDEMNIFICATION
By agreeing to these Terms, users of the Site and Services agree to
indemnify, defend and hold harmless Care.com and its Affiliates from and
against any and all claims, losses, expenses or demands of liability,
including reasonable attorneys' fees and costs incurred by Care.com and
its Affiliates in connection with any claim by a third party (including
an intellectual property claim) arising out of (i) materials and content
you submit, post or transmit through the Site, (ii) use of the Site or
Services by you in violation of these Terms of Use or in violation of
any applicable law, or (iii) any relationship or agreement formed with a
Care Seeker or Care Provider using the Site or Services. Users further
agree that they will cooperate as reasonably required in the defense of
such claims. Care.com and its Affiliates reserve the right, at their own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by users, and users shall not, in
any event, settle any claim or matter without the written consent of
Care.com. Users further agree to hold harmless Care.com and its
Affiliates from any claim arising from a third party's use of
information or materials of any kind that users post to the Site.
12. COPYRIGHT NOTICES/COMPLAINTS
It is Care.com's policy to respond to notices of alleged copyright
infringement with the Digital Millennium Copyright Act ("DMCA"). If you
believe any materials accessible on or from our Site infringe your
copyright, you may request removal of those materials (or access thereto)
from the Site by contacting Care.com's copyright agent (identified below)
and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed.
Please describe the work, and where possible include a copy or the
location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its
location. Please describe the material and provide us with its URL or
any other pertinent information that will allow us to locate the
material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use
of the materials is not authorized by the copyright owner, its agent, or
the law.
5. A statement that the information that you have supplied is accurate, and
indicating that "under penalty of perjury," you are the copyright owner
or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or
authorized representative.
Care.com's agent for copyright issues relating to this Site is as follows:
Copyright Agent
Care.com, Inc.
Attn: Legal Department
1501 S Mopac Expwy
Barton Skyway One
Suite 340
Austin, TX 78746
copyright@care.com
Phone: 781-642-5900
Fax: 781-899-1294
In an effort to protect the rights of copyright owners, Care.com maintains
a policy for the termination, in appropriate circumstances, of Members and
other users of this Site who are repeat infringers.
13. AGREEMENT TO ARBITRATE
1. 13.1 AGREEMENT TO ARBITRATE
This Section 13 is referred to in these Terms as the "Arbitration
Agreement". Unless you opt-out in accordance with the opt-out procedures
set forth in Section 13.8 below, you agree that all claims relating to
or arising out of these Terms or the breach thereof, whether sounding in
contract, tort, or otherwise that have arisen or may arise between you
and Care.com or a Care.com Affiliate, whether relating to these Terms
(including any alleged breach thereof), the Services, the Site, or
otherwise, shall be resolved exclusively through final and binding
arbitration, rather than a court, in accordance with the terms of this
Arbitration Agreement, except you may assert individual claims in small
claims court, if your claims qualify. Your rights will be determined by
a neutral arbitrator, not a judge or jury. The Federal Arbitration Act
governs the interpretation and enforcement of this Arbitration
Agreement.
2. 13.2 PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND
NON-INDIVIDUALIZED RELIEF
YOU AND CARE.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR
PROCEEDING. UNLESS BOTH YOU AND CARE.COM EXPRESSLY AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S
CLAIMS AGAINST CARE.COM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR
MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY
RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO
THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S
INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CARE.COM
USERS. If any court or arbitrator determines that the class action
waiver set forth in this paragraph is void or unenforceable for any
reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above shall be deemed null and void in
its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
3. 13.3 PRE-ARBITRATION DISPUTE RESOLUTION
Care.com is always interested in resolving disputes amicably and
efficiently. So before you commence arbitration, we suggest that you
contact us to explain your complaint, as we may be able to resolve it
without the need for arbitration. You may contact us at Care.com, Inc.,
Attn: Legal Department, 1501 S Mopac Expwy, Barton Skyway One, Suite
340, Austin, TX 78746.
4. 13.4 ARBITRATION PROCEDURES
If we cannot resolve a Claim informally, any Claim either of us asserts
will be resolved only by binding arbitration and not in courts of
general jurisdiction. Arbitration will be conducted by a neutral
arbitrator in accordance with the rules of JAMS that are in effect at
the time the arbitration is initiated (collectively referred to as the
"JAMS Rules"), as modified by this Arbitration Agreement, and excluding
the JAMS Class Action Procedures. For information on JAMS, please visit
its website, https://www.jamsadr.com/. Information about JAMS's Rules
and fees for consumer disputes can be found at the JAMS consumer
arbitration page,
https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is
any inconsistency between the JAMS Rules and this Arbitration Agreement,
the terms of this Arbitration Agreement will control unless the
arbitrator determines that the application of the inconsistent
Arbitration Agreement terms would not result in a fundamentally fair
arbitration. The arbitrator must also follow the provisions of these
Terms as a court would, including without limitation, the limitation of
liability provisions in Section 11. Although arbitration proceedings are
usually simpler and more streamlined than trials and other judicial
proceedings, the arbitrator can award the same damages and relief on an
individual basis that a court can award to an individual under the Terms
and applicable law. Decisions by the arbitrator are enforceable in court
and may be overturned by a court only for very limited reasons.
To commence an arbitration against Care.com, you must write a demand for
arbitration that includes a description of the dispute and the amount of
damages sought to be recovered. You can find a copy of a Demand for
Arbitration at www.jamsadr.com. You should send three copies of the
Demand, plus the appropriate filing fee, to JAMS at 500 North State
College Blvd., Suite 600, Orange, CA 92868, and send one copy to
Care.com, Inc., Attn: Legal Department, 1501 S Mopac Expwy, Barton
Skyway One, Suite 340, Austin, TX 78746. For more information, see the
JAMS arbitration rules and forms,
https://www.jamsadr.com/rules-download/. You may represent yourself in
the arbitration or be represented by an attorney or another
representative. Once we receive your arbitration claim, we may assert
any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at
another mutually agreed location. If the value of the relief sought is
$10,000 or less you or Care.com may elect to have the arbitration
conducted by telephone or based solely on written submissions, which
election shall be binding on you and Care.com subject to the
arbitrator's discretion to require an in-person hearing, if the
circumstances warrant. Attendance at any in-person hearing may be made
by telephone by you and/or Care.com, unless the arbitrator requires
otherwise.
The arbitrator, and not any federal, state or local court or agency,
shall have exclusive authority to resolve all claims relating to or
arising out of this contract, or the breach thereof, whether sounding in
contract, tort, or otherwise and all disputes arising out of or relating
to the interpretation, applicability, enforceability or formation of
these Terms, including, but not limited to any claim that all or any
part of these Terms are void or voidable, or whether a claim is subject
to arbitration. The arbitrator shall be empowered to grant whatever
relief would be available in a court under law or in equity. The
arbitrator's award shall be written, and binding on the parties and may
be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance
with the laws of the State of Delaware, including recognized principles
of equity, and will honor all claims of privilege recognized by law. The
arbitrator shall not be bound by rulings in prior arbitrations involving
different Care.com users, but is bound by rulings in prior arbitrations
involving the same Care.com user to the extent required by applicable
law.
5. 13.5 COSTS OF ARBITRATION
Payment of all filing, administration, and arbitrator fees
(collectively, the "Arbitration Fees") will be governed by the JAMS
Rules, unless otherwise provided in this Agreement to Arbitrate. If you
demonstrate to the arbitrator that you are economically unable to pay
your portion of the Arbitration Fees or if the arbitrator otherwise
determines for any reason that you should not be required to pay your
portion of the Arbitration Fees, Care.com will pay your portion of such
fees. In addition, if you demonstrate to the arbitrator that the costs
of arbitration will be prohibitive as compared to the costs of
litigation, Care.com will pay as much of the Arbitration Fees as the
arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. Each party will be responsible for all other fees it
incurs in connection with the arbitration, including without limitation,
all attorney fees. In the event the arbitrator determines the claim(s)
you assert in the arbitration to be frivolous, you agree to reimburse
Care.com for all fees associated with the arbitration paid by Care.com
on your behalf that you otherwise would be obligated to pay under the
JAMS rules.
6. 13.6 CONFIDENTIALITY
All aspects of the arbitration proceeding, and any ruling, decision or
award by the arbitrator, will be strictly confidential for the benefit
of all parties.
7. 13.7 OPT-OUT PROCEDURE
You can choose to reject this Arbitration Agreement by mailing us a
written opt-out notice ("Opt-Out Notice") in accordance with the terms
of this Section. For new Care.com users, the Opt-Out Notice must be
postmarked no later than 30 Days after the date you use our Site or
Services for the first time. If you are already a current Care.com user
and previously accepted the Care.com Terms prior to the introduction of
this Arbitration Agreement, the Opt-Out Notice must be postmarked no
later than January 17, 2017. You must mail the Opt-Out Notice to
Care.com, Inc., Attn: Legal Department, 1501 S Mopac Expwy, Barton
Skyway One, Suite 340, Austin, TX 78746. The Opt-Out Notice must state
that you do not agree to the Arbitration Agreement and must include your
name, address, phone number, and the email address(es) used to log in to
the Care.com account(s) to which the opt-out applies. You must sign the
Opt-Out Notice for it to be effective. This procedure is the only way
you can opt out of the Arbitration Agreement. If you opt out of the
Arbitration Agreement, Care.com will likewise not be bound by these
arbitration provisions. All other terms of these Terms will continue to
apply. Opting out of the Arbitration Agreement has no effect on any
previous, other, or future arbitration agreements that you may have with
us. Care.com users who accepted a previous version of these Terms that
included an arbitration agreement, and who did not timely opt out of
that arbitration agreement, remain bound by the last arbitration
agreement that they accepted. Upon receipt of a valid Opt-Out Notice,
Care.com will provide the opting out user with a copy of the arbitration
agreement from the last version of the Terms that the user accepted, if
any exists.
8. 13.8 FUTURE CHANGES TO THIS ARBITRATION AGREEMENT
Notwithstanding any provision in these Terms to the contrary, you and we
agree that if we make any change to this Arbitration Agreement (other
than a change to any notice address or website link provided herein) in
the future, such change shall not be effective until at least 60 days
from the date of posting, and shall not apply to any claim that was
filed in a legal proceeding against Care.com prior to the effective date
of the change. Moreover, if we seek to terminate this Arbitration
Agreement from these Terms, such termination shall not be effective
until 30 days after the version of these Terms not containing the
Arbitration Agreement is posted to the Site, and shall not be effective
as to any claim that was filed in a legal proceeding against Care.com
prior to the effective date of removal.
14. GOVERNING LAW AND JURISDICTION
These Terms, and all claims relating to or arising out of this contract, or
the breach thereof, whether sounding in contract, tort, or otherwise, shall
be governed by the laws of the State of Delaware, including Delaware's
statutes of limitations governing your claim, without giving effect to its
principles of conflicts of law, provided that the Federal Arbitration Act
shall govern the interpretation and enforcement of Section 13, the
Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration
Agreement is found not to apply to you or to a particular claim or dispute
(except for small-claims court actions), either as a result of your
decision to opt-out of the Arbitration Agreement or as a result of a
decision by the arbitrator or a court order, you agree that any claim or
dispute that has arisen or may arise between you and Care.com must be
resolved exclusively by a state or federal court located in the State of
Delaware.
You and Care.com agree to submit to the personal jurisdiction of the courts
located within the State of Delaware for the purpose of litigating all such
claims or disputes.
15. CONSENT TO ELECTRONIC COMMUNICATION
By using the Site or Services of Care.com, you agree to allow Care.com to
communicate with you electronically, and you consent to electronic delivery
of notices, documents, or products (including, without limitation, reports
or copies of Background Checks and Preliminary Membership Screens) from
Care.com via the Care.com Site, mobile application, online messaging
platform, or e-mail. You also agree to check your Care.com account, alerts,
and messages, and the e-mail account reflected on your Care.com on a
reasonably regular basis to stay apprised of important notices and
information about your account.
16. MISCELLANEOUS
Nothing in this Agreement shall be construed as making either party the
partner, joint venturer, agent, legal representative, employer, contractor
or employee of the other. Neither party shall have, or hold itself out to
any third party as having any authority to make any statements,
representations or commitments of any kind, or to take any action, that
shall be binding on the other, except as provided for herein or authorized
in writing by the party to be bound. The invalidity, illegality or
unenforceability of any term or provision of these Terms shall in no way
effect the validity, legality or enforceability of any other term or
provision of these Terms. Each Affiliate (as defined in Section 1.2) is
expressly made a third party beneficiary of this Agreement and may enforce
this Agreement directly against you. This Agreement will be binding on and
will inure to the benefit of the legal representatives, successors and
assigns of the parties hereto.
17. SEVERABILITY
If a court decides that any term or provision of these Terms other than
Section 13.2 is invalid or unenforceable, the parties agree to replace such
term or provision with a term or provision that is valid and enforceable
and that comes closest to expressing the intention of the invalid or
unenforceable term or provision, and these Terms shall be enforceable as so
modified. If a court decides that any of the provisions of Section 13.2 are
invalid or unenforceable, then the entirety of Section 13 shall be null and
void. The remainder of the Terms will continue to apply.
18. CONTACT INFORMATION
If you have any questions or need further information as to the Site or
Services provided by Care.com, or need to notify Care.com as to any matters
relating to the Site or Services please contact Care.com at:
Copyright Agent
Care.com, Inc.
Attn: Legal Department
1501 S Mopac Expwy
Barton Skyway One
Suite 340
Austin, TX 78746
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