Care.com Terms of Use <p>
<b>
Last Updated: July 28, 2021
</b>
</p>
<p>
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF
CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
</p>
<p>
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.
</p>
<ul>
<li>
<strong>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").</strong>
</li>
<li>
<strong>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</strong>
</li>
<li>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.
</li>
<li>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.
</li>
</ul>
<p>
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.
</p>
<p>However, the terms "Site" and "Services" do not include or involve the following:</p>
<ul>
<li>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.</li>
<li>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.</li>
<li>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.</li>
</ul>
<ol>
<li>Description of Services.
Limitations.
User Responsibilities</li>
<li>Eligibility to Use the Site and Services</li>
<li>Rules For User Conduct and Use of Services</li>
<li>Background and Verification Checks</li>
<li>Termination</li>
<li>Privacy</li>
<li>Links to External Sites</li>
<li>Payment and Refund Policy</li>
<li>Release of Liability for Conduct and Disputes</li>
<li>Age Restrictions</li>
<li>Disclaimers.
Limitations.
Waivers.
and Indemnification</li>
<li>Copyright Notices/Complaints</li>
<li>Agreement to Arbitrate</li>
<li>Governing Law and Jurisdiction</li>
<li>Consent to Electronic Communication</li>
<li>Miscellaneous</li>
<li>Severability</li>
<li>Contact Information</li>
</ol>
<ol>
<li> Description of Services.
Limitations.
User Responsibilities <ol>
<li>
1.1 About Our Services
<p>
Care.com offers various Services to help its users find, coordinate, and maintain quality care.
The
Services we offer include, among others:
</p>
<ul>
<li>
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.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
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:
</li>
<ul>
<li>
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").
</li>
<li>
A Senior Care Planning Service that assists families who want to better understand senior care
options for themselves or their loved ones.
</li>
<li>
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.
</li>
</ul>
<li>
We provide an online community for Registered Users to communicate and share
information with other Registered Users who share a common interest or bond.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
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.
</li>
</ul>
<p>Our Services continue to grow and change.
Please refer to our Site for further information about the
Services we provide.</p>
</li>
<li>
1.2.
Limitations of our Services
<p>
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.
</p>
<ul>
<li>
<strong>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.</strong> 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).</li>
<li>
<strong>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.</strong>
</li>
<li>
<strong>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.</strong>
</li>
<li>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.</li>
<li>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.</li>
<li>We do not provide any medical, diagnostic, treatment or clinical service or engage in any
conduct that requires a professional license.</li>
<li>
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.
</li>
</ul>
<p>
<strong>
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.
</strong>
</p>
</li>
<li> 1.3.
User Responsibilities <p>
<strong>
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.
</strong>
</p>
<p>
<strong>Please visit our </strong>
<strong>Safety Center</strong>
<strong> at </strong>
<strong>www.care.com/safety-center-p1273.html</strong>
<strong>
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.
</strong>
</p>
</li>
</ol>
</li>
<li> Eligibility to Use the Site and Services <p>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:</p>
<ul>
<li>
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.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
If you are registering to be a Care Provider, you must be permitted to legally work within the United
States or Puerto Rico.
</li>
<li>
Neither you nor any member of your household may have ever been:
<ul>
<li>
the subject of a conviction, arrest,
charge, complaint, restraining order or any other legal action involving:
<ul>
<li>
any felony.
</li>
<li>any other criminal offense involving violence, physical, sexual, or emotional abuse or
neglect,
or theft, drugs, or </li>
<li>
any offense, violation, or unlawful act that involves endangering the safety of others, fraud,
dishonesty, or reckless or negligent conduct.
</li>
</ul>
</li>
<li>
registered, or currently required to register, as a sex offender with any government entity.
</li>
</ul>
</li>
<li>
You must not be a competitor of Care.com or using our Services for reasons that are in competition with
Care.com.
</li>
<li>
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).
</li>
<li>
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.
</li>
</ul>
</li>
<li> Rules for User Conduct and Use of Services <ol>
<li>
3.1.
Registration, Posting, and Content Restrictions
<p>
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"):
</p>
<ul>
<li>
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.
</li>
<li>
You are responsible for providing accurate, current and complete information in connection with your
registration for use of the Site and the Services.
</li>
<li>
You will register your account in your own legal name, even if you are seeking care for another
individual or family member.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
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.
</li>
</ul>
<p>
<strong>
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.
</strong>
</p>
<p>
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.
</p>
<p>
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.
</p>
</li>
<li>
3.2.
Exclusive Use
<p>
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.
</p>
</li>
<li>
3.3.
Prohibited Uses
<p>By using the Site or Services of Care.com, you agree that you will not under any circumstances: </p>
<ul>
<li>
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.
</li>
<li>
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.
</li>
<li>
harass, abuse or harm another person or group, or attempt to do so.
</li>
<li>
use another user's Care.com account.
</li>
<li>
provide false or inaccurate information when registering an account on Care.com, using the Services
or communicating with other Registered Users.
</li>
<li>
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.
</li>
<li>
interfere or attempt to interfere with the proper functioning of Care.com's Services.
</li>
<li>
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.
</li>
<li>
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).
</li>
<li>
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.
</li>
<li>
publish or link to malicious content intended to damage or disrupt another user's browser or
computer.
</li>
</ul>
<p>
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.
</p>
<p>
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.
</p>
</li>
</ol>
</li>
<li> Background and Verification Checks <ol>
<li>
<p>
<strong>
4.1 Care Providers Can Order or Authorize Background Checks about Themselves and Can Authorize the
Sharing of Them with Other Members
</strong>
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>
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.
</strong>
</p>
<p>
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.
</p>
</li>
<li>
<p>
<strong>4.2.
Background Check Offerings Available to Individuals Who May Not Have Registered As Care
Providers or Care Seekers </strong>
</p>
<p>
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.
</p>
</li>
<li>
<p>
<strong>4.3.
Special Responsibilities of Users of Background Check under FCRA </strong>
</p>
<p>
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.
</p>
</li>
<li>
<p>
<strong>4.4 Care.com May Review and Use Background Checks You Order or Authorize About Yourself
</strong>
</p>
<p>
<strong>
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.
</strong>
</p>
<p>
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.
</p>
</li>
<li>
<p>
<strong>4.5 Care.com May Order and Use Background Screenings About You</strong>
</p>
<p>
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.).
</p>
<p>
These Preliminary Membership Screens may also regulated by FCRA, and the background reports resulting
from these services may be considered "consumer reports" under FCRA.
</p>
<p>
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.
</p>
<p>
<strong>
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.
</strong>
</p>
</li>
<li>
<p>
<strong>4.6.
Care.com May Regularly Verify Your Identity and the Accuracy of Your Representations and
Warranties</strong>
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>
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.
</strong>
</p>
</li>
<li>
<p>
<strong>4.7 Important Limitations About Background Checks.
Release of Liability for Results of
Background Checks, Internal Background Checks, and Verification Checks </strong>
</p>
<p>
<b>SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE:</b> 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.
</p>
<p>
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).
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
</li>
</ol>
</li>
<li> Termination <p>
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.
</p>
<p>
<strong>
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.
</strong>
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.
</p>
</li>
<li> Privacy <p>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.</p>
</li>
<li> Links To External Sites <p>
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.
</p>
<p>
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.
</p>
</li>
<li> Payment And Refund Policy <p>
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.
</p>
<ol>
<li>
8.1 Billing and Payment
<p>
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.
</p>
<p>
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.
</p>
</li>
<li>
8.2 Automatic Subscription Renewal and Cancellation
<p>
<strong>
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE
INDEFINITELY UNTIL CANCELLED BY THE USER.
</strong>
</p>
<p>
<strong>
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.
</strong>
</p>
<p>
<strong>
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.
</strong>
</p>
<p>
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.
</p>
</li>
<li>
8.3 Free Trial Offers
<p>
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.
</p>
</li>
<li>
8.4 Reward Points
<p>
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.
</p>
</li>
<li>
8.5 Refund Policy
<p>
<strong>
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.
</strong>
</p>
</li>
</ol>
</li>
<li> Release of Liability for Conduct and Disputes <p>
<strong>
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:
</strong>
</p>
<ul>
<li>
<strong>
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
</strong>
</li>
<li>
<strong>
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
</strong>
</li>
</ul>
<p>
<strong>
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.
</strong>
</p>
</li>
<li> Age Restrictions <p>
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.
</p>
</li>
<li> Disclaimers.
Limitations.
Waivers.
Indemnification <ol>
<li>
11.1.
No Warranty
<p>
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.
<strong>
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.
</strong>
</p>
<p>
<strong>
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.
</strong>
</p>
<p>
<strong>
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.
</strong>
</p>
</li>
<li>
11.2.
Assumption of Risk
<p>
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.
</p>
</li>
<li>
11.3.
Limitation of Liability
<p>
<strong>Incidental Damages and Aggregate Liability.</strong> 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.
</p>
<p>
<strong>No Liability for non-Care.com Actions.</strong> 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.
</p>
<p>
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.
</p>
</li>
<li>
11.4.
Indemnification
<p>
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.
</p>
</li>
</ol>
</li>
<li> Copyright Notices/Complaints <p>
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:
</p>
<ol>
<li>
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.
</li>
<li>
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.
</li>
<li>
Your name, address, telephone number and (if available) e-mail address.
</li>
<li>
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.
</li>
<li>
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.
</li>
<li>
A signature or the electronic equivalent from the copyright holder or authorized representative.
</li>
</ol>
<p>Care.com's agent for copyright issues relating to this Site is as follows: </p>
<p>
Copyright Agent<br>
Care.com, Inc.<br>
Attn: Legal Department<br>
1501 S Mopac Expwy<br>
Barton Skyway One<br>
Suite 340<br>
Austin, TX 78746<br>
</p>
<p>
copyright@care.com
</p>
<p>
Phone: 781-642-5900<br>
Fax: 781-899-1294
</p>
<p>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.</p>
</li>
<li> Agreement to Arbitrate <ol>
<li>
13.1 Agreement to Arbitrate
<p>
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 <strong>final and binding arbitration, rather than a
court,</strong> 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
<strong>neutral arbitrator, not a judge or jury</strong>.
The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement.
</p>
</li>
<li>
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
<p>
<strong>
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.
</strong>
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.
</p>
</li>
<li>
13.3 Pre-Arbitration Dispute Resolution
<p>
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.
</p>
</li>
<li>
13.4 Arbitration Procedures
<p>
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved <strong>only
by binding arbitration and not in courts of general jurisdiction</strong>.
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
</li>
<li>
13.5 Costs of Arbitration
<p>
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.
</p>
</li>
<li>
13.6 Confidentiality <p>
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.
</p>
</li>
<li>
13.7 Opt-Out Procedure <p>
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.
</p>
</li>
<li>
13.8 Future Changes to this Arbitration Agreement <p>
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.
</p>
</li>
</ol>
</li>
<li> Governing Law and Jurisdiction <p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
</li>
<li> Consent to Electronic Communication <p>
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.
</p>
</li>
<li> Miscellaneous <p>
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.
</p>
</li>
<li> Severability <p>
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.
</p>
</li>
<li> Contact Information <p>
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:
</p>
<p>
Copyright Agent<br>
Care.com, Inc.<br>
Attn: Legal Department<br>
1501 S Mopac Expwy<br>
Barton Skyway One<br>
Suite 340<br>
Austin, TX 78746<br>
</p>
</li>
</ol>