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TERMS OF USE - LIFEMART
CARE.COM ENTERPRISE TERMS OF USE
Last Updated: November 8, 2021
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A
WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
These Terms of Use (the "Terms") set forth the terms and conditions under which
individuals residing in the United States may use the Sites and/or Services of
Care.com and its affiliates (as specifically set forth below)(collectively
"Care.com"). 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").
* These Terms contain 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.If you do not agree with these
Terms, do not use the Site or Services.
* NOT AN EMERGENCY SERVICE. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU SHOULD
NOT RELY ON ANY INFORMATION AVAILABLE THROUGH THE SITES OR SERVICES AND
SHOULD SEEK APPROPRIATE EMERGENCY ASSISTANCE, SUCH AS CALLING "911."
* THE INFORMATION AND CONTENT ("CONTENT") ON THE SITES OR AVAILABLE THROUGH THE
SERVICES ARE INTENDED TO BE A GENERAL INFORMATIONAL RESOURCE ONLY AND ARE NOT
A SUBSTITUTE FOR PROFESSIONAL ADVICE OR TREATMENT FROM APPROPRIATE MEDICAL,
LEGAL, FINANCIAL OR OTHER PROFESSIONALS. THE CONTENT, SITES AND/OR SERVICES
DO NOT IN ANY WAY CREATE A CONFIDENTIAL, FIDUCIARY, PROFESSIONAL, OR ANY
OTHER SPECIAL RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON CARE.COM'S
PART.
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. The Site and Services
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. 1. THE SITE AND SERVICES
1. 1.1 DEFINITIONS OF THE SITE AND SERVICES
For purposes of these Terms, and except to the extent expressly excluded
below, the "Site" shall mean www.care.com and any other websites, such
as lifecare.com, web pages, mobile applications and mobile websites
operated by Care.com and LifeCare, Inc., ("LifeCare") (collectively
"we," or "our") 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 subsidiaries, LifeCare, Care Concierge, Inc. ("Care
Concierge") and Town + Country Resources, Ltd. ("T+C"), to the extent
explicitly described in these Terms.
The terms "Site" and "Services" do not include or involve the following:
* (a) 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.
* (b) 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.
* (c) Third-party entities such as child care centers, nanny agencies,
tutors, in-home care agencies, other Care Providers, merchants or
other businesses that may use the Site or Services to market or
otherwise provide access to their services, recruit employees or that
otherwise may be identified as optional service providers to You (as
more fully described below) for your consideration.
1.2 DESCRIPTIONS OF OUR SERVICES
Care.com offers various Services to help individuals find, coordinate,
and maintain quality care and/or locate other third-party providers and
services (collectively known hereinafter as "Care Providers").
Individuals using the Site and Services for the purpose of finding Care
Providers are "You" or "Care Seekers."
The Services we offer include the following, among others. Each of these
Services may be subject to Additional Terms to which users must agree at
the time they request and/or register for those services.
* (a) Core platform
* We provide a platform ("Core" or the "Core Platform") for Care
Seekers such services as individual or shared child care, senior
care, special needs, pet care, tutoring and housekeeping services.
The Core Platform also allows corporate care providers seeking to
hire individual care providers (such as child centers, in-home care
agencies, and senior living communities) to post jobs on the Site,
and to search for, narrow, find, and communicate with Care
Providers, and for Care Providers to post profiles on the Site and
browse, search, apply to jobs, and otherwise advertise their
services. We also provide functionality that allows Care Seekers to
search for and message other Care Seekers to help facilitate shared
child care services.
* Our Core Platform includes 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.
* Our Core Platform includes 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 communities and
housekeepers from which users may contact or request information.
* Our Core Platform includes an online community for Registered Users
to communicate and share information with other Registered Users who
share a common interest or bond.
* Our Core Platform offers 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.
Our Core Platform includes, 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.
* (b) Backup Care Services
Those Care Seekers who are eligible through their employer's benefits
program for Backup Care Services ("Backup Care") will be able to
locate, schedule and receive periodic Backup Care during times when
their regular care is not available. Except where otherwise specified
(such as in Additional Terms applicable to the Backup Care services
for which you are eligible), the providers of Backup Care are Care
Providers, and are neither employees of, nor controlled or supervised
by, Care.com or its Affiliates.
* (c) Personal Network. Those Care Seekers who are eligible through
their employer's benefits program for Personal Network ("Personal
Network") may be eligible to have independently sourced Backup Care
reimbursed.
* (d) Senior Care Planning. Those Care Seekers who are eligible through
their employer's benefits program for Senior Care Planning services
will be able to receive educational resources and information to
assist with better understanding senior care options for themselves or
their loved ones.
* (e) LifeCare Specialists/Expert Assistance. Those Care Seekers who are
eligible through their employer's benefits program for the LifeCare
Specialists or Expert Assistances services will be able to obtain
information, education and a list of based on the care needs and
preferences that you communicate to us.
In certain circumstances, these services may include referral to
attorneys and financial planners. CARE.COM DOES NOT PROVIDE LEGAL OR
FINANCIAL SERVICES OR ADVICE. Any legal or financial professional that
you may engage are independent professionals who are not employed by
or affiliated with Care.com or LifeCare. You will be solely
responsible for the payment of any fees and costs associated with any
professional services you may purchase from such professionals. Any
complaints or issues regarding any services should be directed to that
professional, not Care.com.
* (f) LifeMart Discounts. Those Care Seekers who are eligible through
their employer's benefits program to access to LifeMart Discounts
and/or classified listings, will be able to engage with Care.com's
on-line discount/offer platform. This platform provides access to
offers, information, discounts, and savings on goods and services from
various national and local vendors, as well as others who may choose
to list their goods or services for sale via classified listings
(collectively "Discount Vendors").
Care.com does not own and is not affiliated with any Discount Vendor
or any products or services offered by Discount Vendors. Any
complaints or issues regarding any goods or services that you
purchase, must be directed to the Discount Vendor, not us. You will be
solely responsible for the payment of any fees and costs associated
with the goods or services you purchase. Any complaints or issues
regarding any goods or services that you purchase must be directed to
the Discount Vendor, not Care.com.
The offers/discounts available through LifeMart Discounts may have
expiration dates, and are void after the expiration date. Any
alteration of discount coupons may also void the discount. Discounts
may be updated or removed by Care.com or the Discount Vendor at any
time, without notice. Price and availability of products and services
for which discounts are offered are subject to change without notice.
To the extent that you are no longer eligible for LifeMart Discounts,
for any reason other than your breach of this Agreement, you may be
eligible for continued access to discounts through the LifeMart
alumni-site. If you are eligible you will be automatically enrolled in
the LifeMart Alumni-site and may opt out via member profile page or
email.
* (g) On-Demand Tutoring. Those Care Seekers who are eligible through
their employer's benefits program for On-Demand Tutoring will be able
to obtain third-party on-line/remote one-on-one tutoring services.
* (h) Breastfeeding Support and MilkShip Services. Those Care Seekers
who are eligible through their employer's benefits program for
Breastfeeding Support and/or Milkship Services will be able to obtain
resources and information on breastfeeding and/or access to breastmilk
shipping services. Breastfeeding Support Services are not intended to
replace the advice of your own medical professional and are provided
to you as a resource only. Care.com makes no representations or
warranties regarding the safety of shipped breast milk for future use.
You assume the risk for the use of any breastmilk shipped via the
MilkShip Service.
* (i) Mental Health and Wellness Services. Those Care Seekers who are
eligible through their employer's benefits program for Mental Health
and Wellness Services will be able to access a third-party service
that will connect them with mental health providers.
Our Services continue to grow and change. Please refer to our Site for
further information about the Services we provide.
2. 1.3. 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 Care Concierge
and/or T + C ("Employed Backup Care Providers"), we do not provide any
caregiving services or 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. Any Care
Providers which you are made aware of or to whom you are introduced
via the Site and Services, are independent third-party entities and
are not affiliates, partners, representatives, employees,
subsidiaries, agents or subcontractors of Care.com. 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. Each Care Seeker
is responsible for making his or her own decision about which Care
Provider(s) to hire and/or use, and each Care Provider is responsible
for making his or her own decision about which jobs to apply to,
accept, and work.
* 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.
* Except for Employed Backup 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.
* Care.com and its subsidiaries do not provide any legal or financial
advice or any medical, diagnostic, treatment or clinical service. The
information and content that are available through the Site and
Services is intended to be general in nature and is not a substitute
for formal professional advice or treatment from a licensed
professional. Nothing about the Site or Services is intended to create
a confidential, fiduciary, professional, or any other special
relationship that would give rise to any duties on our part.
* 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. 1.4. USER RESPONSIBILITIES
We may request that you create a Password to safeguard your account. You
alone are responsible for maintaining the confidentiality of your
Password, and you are responsible for all use of the Site and Services
that occurs via your account, with or without your consent, by yourself
and others. You agree to promptly notify us of any unauthorized use of
your username, password or other account information, or of any other
breach of security that you become aware of involving your account.
Registered Users are solely responsible for interviewing, vetting,
performing background and reference checks on, verifying information
provided by, and selecting an appropriate Care Provider for themselves
or their family. This is true even in situations where we present you
with tailored search results or other listings of Care Providers who may
meet your needs, or where you work with a LifeCare Specialist or are
provided Expert Assistance.
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. 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. You must not be a competitor of Care.com or using our Services for
reasons that are in competition with Care.com.
6. 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).
3. 3. RULES FOR USER CONDUCT AND USE OF SERVICES
1. 3.1. REGISTRATION, POSTING, AND USER CONTENT RESTRICTIONS
The following rules pertain to "User 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 User 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 User 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 User 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 User 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 User
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 User Content you post
to post such User Content.
* You understand and agree that Care.com may, in its sole discretion,
review, edit, and delete any User 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 User Content and
to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing.
You further represent and warrant that public posting and use of your
User 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 User
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 User Content is primarily user generated by Care Seekers and Care
Providers, we do not control or vet such User Content for accuracy, and
we do not assume and expressly disclaim any responsibility for the
accuracy or reliability of any User Content provided by Care Providers
or Care Seekers on or off the Site, including any User 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
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.
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. 4. BACKGROUND AND VERIFICATION CHECKS
1. 4.1 Care Providers on the Core Platform 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 on the Core Platform
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.
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
Provider, 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 Order and Use Background Screenings About You
By registering for and using the Site or Services 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"). 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 or access to the Site or Services 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, 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.
5. 4.5 Care.com May Regularly Verify Your Identity and the Accuracy of Your
Representations and Warranties
By registering, 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, 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.
6. 4.6. 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.
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.
5. 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 User 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. 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. 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. 8. PAYMENT AND REFUND POLICY
In order to utilize some Care.com Services or product offerings, the user
of such Services or product offerings may be required 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. 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 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.
4. 8.5 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. 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, and 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. 10. AGE RESTRICTIONS
Our Site and Services are intended for people 18 or over. We 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. 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 or its subsidiaries, 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 we take certain steps to help promote the safety of our Site and
Services, finding care or care-related jobs or other services 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 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 we 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, and in other materials
we may from time to time offer you, when interacting with other site
visitors, Registered Users, their families, and others associated with
them. This is true even in situations where we may present you with a
customized list of individual or institutional Care Providers who may
meet your needs, and even where such a list only includes a single Care
Provider.
3. 11.3. LIMITATION OF LIABILITY
Incidental Damages and Aggregate Liability. In no event will we 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 OUR
AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH
THESE TERMS 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 WE 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. We 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. 12. COPYRIGHT NOTICES/COMPLAINTS
It is our 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. 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. 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. 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. 16. MISCELLANEOUS
Nothing in these Terms 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 these Terms and may enforce
these Terms directly against you. These Terms will be binding on and will
inure to the benefit of the legal representatives, successors and assigns
of the parties hereto.
17. 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. 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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