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CARE.ORG

Cooperative for Assistance and Relief Everywhere, Inc. (CARE), is a leading
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CARE.COM TERMS OF USE

Last Updated: May 1, 2022

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND
A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and
conditions under which individuals residing in the United States may use the
Care.com Site and/or the Care.com Services (as defined below). Certain Care.com
Services are subject to additional policies, rules and terms and conditions,
which you may be required to agree to as a condition of using those Services
(“Additional Terms”). In those cases, the applicable Additional Terms are set
forth in the printed or online Service materials relating to those Services.

 * Please read these Terms and any applicable Additional Terms before using the
   Site or the Services. By using the Site or the Services, you hereby
   represent, warrant, understand, agree to and accept these Terms and any
   applicable Additional Terms in their entirety whether or not you register as
   a user of the Site or Services (“Registered Users”).
 * This Agreement contains an Agreement to Arbitrate, which will, with limited
   exception, require you to submit claims you have against Care.com to binding
   and final arbitration, unless you opt out of the Agreement to Arbitrate (see
   Section 13 “Agreement to Arbitrate”) no later than 30 days after the date you
   first use the Care.com Site or Services. Unless you opt out: (1) you will
   only be permitted to pursue claims against Care.com on an individual basis,
   not as a plaintiff or class member in any class or representative action or
   proceeding, and (2) you will only be permitted to seek relief (including
   monetary, injunctive, and declaratory relief) on an individual basis
 * These Terms include the Care.com Privacy Policy, which is incorporated
   herein. If you object to anything in these Terms, the Privacy Policy or any
   applicable Additional Terms, do not use the Site or the Services.
 * These Terms are subject to change by Care.com at any time, subject to the
   following notification process. We will notify you about material changes in
   these Terms by sending a notice to the email address registered in your
   account, or by placing a prominent notice on our Site, so that you can choose
   whether to continue using our Services. Material changes will go into effect
   no less than 30 days after we notify you. Non-material changes or
   clarifications will take effect immediately upon posting of the updated Terms
   on our Site. You should periodically
   check www.care.com/about/terms-of-use for updates. Any use of the Site or the
   Services by you after the effective date of any changes will constitute your
   acceptance of such changes. These Terms supersede all prior versions of the
   Terms.

For purposes of these Terms, and except to the extent expressly excluded below,
the “Site” shall mean www.care.com and any other websites, web pages, mobile
applications and mobile websites operated by Care.com, Inc. (“Care.com” or “we”)
in the United States, and the “Services” shall mean any of the various services
that Care.com provides through the Site or any other channels, including without
limitation, over the telephone. The “Site” and “Services” also include certain
sites and services offered through Care.com’s subsidiary, Care Concierge, Inc.
(“Care Concierge”), formerly known as Parents in a Pinch, Inc., to the extent
explicitly described in these Terms.

However, the terms “Site” and “Services” do not include or involve the
following:

 * Websites, web pages, mobile applications and mobile websites (and services
   offered through such channels) operated by Care.com’s other subsidiaries,
   including without limitation Breedlove & Associates, LLC, which provides the
   Care.com HomePay service, and our international subsidiaries. The sites and
   services offered by such other subsidiaries are subject to separate terms to
   which users of such sites and services must separately agree and which can be
   found on their respective sites and/or service materials or within the
   relevant mobile applications.
 * Websites, web pages, mobile applications, and mobile websites (and services
   offered through such channels) operated by Care.com which have separate terms
   of service that do not expressly incorporate these Terms by reference.
 * Third-party entities such as child care centers, nanny agencies, tutoring
   centers, in-home care agencies and other corporate care providers that may
   use the Care.com Site or Services to market their services and/or recruit
   employees.

 1.  Description of Services; Limitations; User Responsibilities
 2.  Eligibility to Use the Site and Services
 3.  Rules For User Conduct and Use of Services
 4.  Background and Verification Checks
 5.  Termination
 6.  Privacy
 7.  Links to External Sites
 8.  Payment and Refund Policy
 9.  Release of Liability for Conduct and Disputes
 10. Age Restrictions
 11. Disclaimers; Limitations; Waivers; and Indemnification
 12. Copyright Notices/Complaints
 13. Agreement to Arbitrate
 14. Governing Law and Jurisdiction
 15. Consent to Electronic Communication
 16. Miscellaneous
 17. Severability
 18. Contact Information


 1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES


1.1 ABOUT OUR SERVICES

Care.com offers various Services to help its users find, coordinate, and
maintain quality care. The Services we offer include, among others:

 * * * We provide a platform for individuals seeking care services (such as
       individual or shared child care, senior care, special needs, pet care,
       tutoring and housekeeping services) and corporate care providers seeking
       to hire individual care providers (such as child centers, in-home care
       agencies, and senior living facilities) (each “Care Seekers”) to post
       jobs on the Site, and to search for, narrow, find, and communicate with
       individuals and entities who provide care services (“Care Providers”),
       and for Care Providers to post profiles on the Site and browse, search,
       and apply to jobs. We also provide functionality that allows Care Seekers
       to search for and message other Care Seekers to help facilitate shared
       child care services.
     * We provide tools and information to help Care Seekers and Care Providers
       make more informed decisions, such as (i) our Safety Center at
       https://www.care.com/safety-center-p1273.html which includes a safety
       guide and safety resources, (ii) verification dashboards on Care Provider
       profiles, which enable Care Seekers to check the status of a Care
       Provider’s various verifications, and (iii) a process for Care Seekers to
       obtain background check reports from third-party consumer reporting
       agencies on individual Care Providers who consent to the running and
       sharing of those reports.
     * We provide a directory of entity Care Providers that operate care-related
       businesses such as child care centers, family child care centers, nanny
       agencies, au pairs agencies, summer camps, tutoring centers, in-home care
       agencies, senior care housing companies and housekeepers from which users
       may contact or request information.
     * For certain Care Seekers who enroll in Care.com through their employer’s
       benefits program and for certain other Care Seekers, we offer through our
       subsidiaries Care Concierge, Inc., Town and Country Resources, and
       Trusted Labs, Inc., certain additional services, including:
     * We provide an online community for Registered Users to communicate and
       share information with other Registered Users who share a common interest
       or bond.
     * We offer through Stripe, Inc., (“Stripe”), a third party, a service that
       facilitates the payment of Care Providers by Care Seekers via credit card
       or debit card. These payment processing services are provided by Stripe
       and are subject to the Stripe Connected Account Agreement, which includes
       the Stripe Terms of Service (collectively, the “Stripe Services
       Agreement”). By agreeing to these Terms, Care Providers that use the
       payment service also agree to be bound by the Stripe Services Agreement,
       as the same may be modified by Stripe from time to time. As a condition
       of Care.com enabling payment processing services through Stripe, you
       agree to provide Care.com accurate and complete information about you,
       and you authorize Care.com to share it and transaction information
       related to your use of the payment processing services provided by
       Stripe. Care.com assumes no liability or responsibility for any payments
       you may make through this service, and all such payments are
       non-refundable. Care Providers who elect to receive payments from Care
       Seekers through this service can also qualify for certain benefits under
       a program operated by Care.com.
     * We offer eligible Care Providers access to various benefits from third
       party service providers, including, without limitation, those that offer
       access to health insurance, and other benefits.
     * We offer, as part of the functionality contained in one or more of our
       mobile applications, the ability for Care Seekers and Care Providers to
       exchange information and conduct interviews via live video streams. This
       feature is powered by technology (the “OpenTok Platform”) licensed to us
       by TokBox, Inc., a third party independent of Care.com. Care Seekers and
       Care Providers shall not be deemed to have any contractual relationship
       with Tokbox, Inc. under these Terms of Use, and shall not be deemed to
       constitute third party beneficiaries under any agreement between Care.com
       and TokBox, Inc. Care.com shall be solely responsible for providing any
       customer service, if any, to Care Seekers or Care Providers that elect to
       use the OpenTok Platform.
       
       Our Services continue to grow and change. Please refer to our Site for
       further information about the Services we provide.


1.2 LIMITATIONS OF OUR SERVICES

We offer Services to help our users find, coordinate, and maintain care for
their families. However, except where specifically provided in these Terms, in
any applicable Additional Terms, or on the Site itself.

 * * * Except for Backup Care Providers employed by our subsidiaries, we do not
       employ any Care Providers and are not responsible for the conduct,
       whether online or offline, of any Care Seeker, Care Provider, or other
       user of the Site or Services. Care Seekers are responsible for compliance
       with all applicable employment and other laws in connection with any
       employment relationship they establish (such as applicable Ban-the-Box,
       Fair Chance, payroll, tax and minimum wage laws).
     * Care Seeker and Care Provider content is primarily user generated. We do
       not control or vet user-generated content for accuracy, and we do not
       assume and expressly disclaim any responsibility for the accuracy or
       reliability of any information provided by Care Providers or Care Seekers
       on or off the Site. We do not assume and expressly disclaim any liability
       that may result from the use of information provided on our Site.
     * We do not refer or recommend Care Seekers or Care Providers nor do we
       make any representations about the suitability, reliability, timeliness,
       or accuracy of the services provided by Care Providers or the integrity,
       responsibility or actions of Care Seekers or Care Providers whether in
       public, private or offline interactions. Any screening of a Care Seeker
       or Care Provider and his, her or its information by Care.com is limited
       and should not be taken as complete, accurate, up-to-date or conclusive
       of the individual’s or entity’s suitability as an employer or care
       provider.
     * We are not an employment agency, and we do not secure or procure
       employees for any Care Seekers, nor do we secure or procure opportunities
       for employment for any Care Providers.
     * We do not control, monitor, supervise, or oversee the quality, timing,
       hours, pay, legality, or any other aspect of services delivered by Care
       Providers, nor do we require Care Providers to accept or work any jobs or
       deliver any services at all.
     * We do not provide any medical, diagnostic, treatment or clinical service
       or engage in any conduct that requires a professional license.
     * We may offer certain Registered Users the opportunity to verify certain
       information such as their email address, cell phone number, or, in the
       case of child care centers, their state license information. If we
       indicate that certain information has been verified, it means that the
       user has complied with the process we have established for verifying such
       information. However, we do not guarantee, nor do we represent or
       warrant, that the information is accurate or that it belongs to the
       Registered User who supplied it.
       
       Please review carefully the Release of Liability Form Third-Party Content
       and Conduct that appears in Section 9 below for important limitations on
       Care.com’s liability to which you are agreeing by using the Site and
       Services.


1.3 USER RESPONSIBILITIES

Registered Users are solely responsible for interviewing, vetting, performing
background and reference checks on, verifying information provided by, and
selecting an appropriate Care Seeker or Care Provider for themselves or their
family. The only exception is when a third party we or one of our subsidiaries
contracts with to provide services in support of the Backup Care Service selects
on behalf of the Registered User the specific individual Backup Care Provider
from the agency who will provide backup or senior care services. In that limited
circumstance only, the agency (as opposed to the Registered User) is responsible
for screening the Backup Care Provider it selects on behalf of the Registered
User.

Please visit our Safety Center at www.care.com/safety-center-p1273.html for
recommendations on how to make more informed hiring and employment decisions, as
well as for tips if you are a Care Seeker looking to find another Care Seeker
with whom to share child care services in your area. Each Care Seeker is
responsible for complying with all applicable employment and other laws in
connection with any employment relationship they establish, including verifying
the age of the Care Provider they select as well as that Care Provider’s
eligibility to work in the US.


2. ELIGIBILITY TO USE THE SITE AND SERVICES

By requesting to use, registering to use and/or using the Site or the Services,
you represent and warrant that you have the right, authority and capacity to
enter into these Terms and you commit to abide by all of the terms and
conditions hereof. You also represent and warrant that you meet the following
eligibility criteria:

 * * You intend to use the Site and Services solely for the purpose of finding
     or managing care or care-related jobs, or for finding or sharing
     information relating to care.
   * Our Services are available only to individuals who are eighteen (18) years
     of age or older. If you do not meet this age requirement, do not register
     to use the Site or Services.
   * The Site and the Services are currently available only to individuals who
     reside legally in the United States or the territory of Puerto Rico. If you
     reside outside the United States or Puerto Rico, visit our Site homepage
     for a listing of other countries where our subsidiaries or affiliates offer
     similar services.
   * If you are registering to be a Care Provider, you must be permitted to
     legally work within the United States or Puerto Rico.
   * Neither you nor any member of your household may have ever been:
     * the subject of a conviction, arrest, charge, complaint, restraining order
       or any other legal action involving:
       * any felony;
       * any other criminal offense involving violence, physical, sexual, or
         emotional abuse or neglect, or theft, drugs, or
       * any offense, violation, or unlawful act that involves endangering the
         safety of others, fraud, dishonesty, or reckless or negligent conduct.
     * registered, or currently required to register, as a sex offender with any
       government entity.
   * If you are an individual Care Seeker you must not have had fifteen or more
     employees for each working day in each of twenty or more calendar weeks in
     the current or preceding calendar year (or five or more if you are seeking
     services in the State of California).
   * If you provide child care services in the State of Kansas, you must not be
     a licensed day care provider or provide your services outside the child’s
     home.


3. RULES FOR USER CONDUCT AND USE OF SERVICES


3.1 REGISTRATION, POSTING, AND CONTENT RESTRICTIONS

The following rules pertain to “Content”, defined as any communications, images,
sounds, videos, and all the material, data, and information that you upload or
transmit through the Site or Services, whether to Care.com or to other
Registered Users or Site Visitors, or that other users upload or transmit,
including without limitation any content, messages, photos, audios, videos,
reviews or profiles that you publish or display (hereinafter, “post”):

 * Any Content that you post, upload or transmit to or through the Site or
   Services is solely for the purpose of finding or managing care or
   care-related jobs, or for finding or sharing information relating to care.
 * You are responsible for providing accurate, current and complete information
   in connection with your registration for use of the Site and the Services.
 * You will register your account in your own legal name, even if you are
   seeking care for another individual or family member.
 * Unless otherwise permitted by Care.com, all Content you post will be in
   English as the Site and Services generally are not supported in any other
   languages.
 * You are solely responsible for any Content that you post on the Site or
   transmit to other users of the Site. You will not post on the Site, or
   transmit to other users, any defamatory, inaccurate, abusive, obscene,
   profane, offensive, sexually oriented, threatening, harassing, defamatory,
   racially offensive, or illegal material, or any material that infringes or
   violates another party’s rights (including, but not limited to, intellectual
   property rights, and rights of privacy and publicity), or advocate, promote
   or assist any unlawful act such as (by way of example only) copyright
   infringement or computer misuse, or give the impression that any Content
   emanates from Care.com where this is not the case. You will not provide
   inaccurate, misleading, defamatory or false information to Care.com or to any
   other user of the Site, and all opinions stated as part of Content must be
   genuinely held. Without limiting the foregoing, you represent and warrant to
   us that you have the right and authority to post all information you post
   about yourself or others, including without limitation that you have
   authorization from a parent or guardian of any minor who is the subject of
   any Content you post to post such Content.
 * You understand and agree that Care.com may, in its sole discretion, review,
   edit, and delete any Content, in each case in whole or in part, that in the
   sole judgment of Care.com violates these Terms or which Care.com determines
   in its sole discretion might be offensive, inappropriate, illegal, or that
   might violate the rights, harm, or threaten the safety of users of the Site
   or others.
 * You have the right, and hereby grant, to Care.com, its Affiliates, licensees
   and successors, an irrevocable, perpetual, non-exclusive, fully paid-up,
   transferable, worldwide license to use, copy, perform, display, reproduce,
   adapt, modify and distribute your Content and to prepare derivative works of,
   or incorporate into other works, such Content, and to grant and authorize
   sublicenses of the foregoing. You further represent and warrant that public
   posting and use of your Content by Care.com will not infringe or violate the
   rights of any third party.
 * Your use of the Services, including but not limited to the Content you post
   on the Site, must be in accordance with any and all applicable laws and
   regulations.
 * We welcome your feedback and questions about the Site and Services. However,
   you agree that any comments, ideas, messages, questions, suggestions, or
   other communications you send to us or share with us through any channel
   (including, without limitation, the Site, email, telephone, surveys, and our
   social media accounts) shall be and remain the exclusive property of Care.com
   and we may use all such communications, all without notice to, consent from,
   or compensation to you.

As Care Seeker and Care Provider Content is primarily user generated, we do not
control or vet such Content for accuracy, and we do not assume and expressly
disclaim any responsibility for the accuracy or reliability of any Content
provided by Care Providers or Care Seekers on or off the Site, including any
Content that may include misstatements or misrepresentations or that may be
defamatory or disparaging. Users hereby represent, understand and agree to hold
Care.com harmless for any misstatements misrepresentations, or other disparaging
or defamatory statements made by or on behalf of them on this Site or in any
other venue.

Opinions, advice, statements, offers, or other information or content made
available on the Site or through the Site, but not directly by Care.com, are
those of their respective authors. Such authors are solely responsible for such
content. Care.com does not: (i) guarantee the accuracy, completeness, or
usefulness of any information on the Site or available through the Service, or
(ii) adopt, endorse or accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party that appears on the Site or
through the Service. Under no circumstances will Care.com or its Affiliates be
responsible for any loss or damage resulting from: (a) your reliance on
information or other content posted on the Site or transmitted to or by any user
of the Site or Service; or (b) reviews or comments made about you on the Site by
other users.

You agree that Care.com has no obligation to remove any reviews or other
information posted on the Site about you or any other person or entity. If you
disagree with a review, you may post one rebuttal to the review, provided your
rebuttal complies with these Terms. You may not terminate your registration and
re-register in order to prevent a review from being associated with your
account. The author of a review can always remove or request removal of a review
they have written.


3.2 EXCLUSIVE USE

If you are a Care Seeker, you may use your account only to find care for
yourself, your parents, your children, your grandchildren, individuals for whom
you are otherwise the legal guardian, or children of another Care Seeker with
whom you are entering a shared child care arrangement. If you are a Care
Provider, you may use your account only to find care jobs for yourself. You are
responsible for all activity on and use of your account, and you may not assign
or otherwise transfer your account to any other person or entity.


3.3 PROHIBITED USES

By using the Site or Services of Care.com, you agree that you will not under any
circumstances:

 * * * use the Site, Services, or any information contained therein in any way
       that is abusive, threatening, obscene, defamatory, libelous, or racially,
       sexually, religiously, or otherwise objectionable or offensive;
     * use the Site or Services for any fraudulent or unlawful purpose, for any
       purpose unrelated to care or caregiving, or for any other purpose not
       expressly intended by Care.com;
     * harass, abuse or harm another person or group, or attempt to do so;
     * use another user’s Care.com account;
     * provide false or inaccurate information when registering an account on
       Care.com, using the Services or communicating with other Registered
       Users;
     * attempt to re-register with Care.com if we have terminated your account
       for any or no reason or terminate your registration and re-register in
       order to prevent a review from being associated with your account;
     * interfere or attempt to interfere with the proper functioning of
       Care.com’s Services;
     * make any automated use of the system, or take any action that we deem to
       impose or to potentially impose an unreasonable or disproportionately
       large load on our servers or network infrastructure;
     * bypass any robot exclusion headers or other measures we take to restrict
       access to the Service or use any software, technology, or device to
       scrape, spider, or crawl the Service or harvest or manipulate data
       (whether manually or through automated means);
     * use the communication systems provided by or contacts made on Care.com
       for any commercial solicitation purposes other than those expressly
       permitted by Care.com;
     * publish or link to malicious content intended to damage or disrupt
       another user’s browser or computer.
       
       In order to protect our users from prohibited activity, we reserve the
       right to take appropriate actions, including but not limited to
       restricting the amount of messages a user may send in any 24-hour period
       to an amount which we deem appropriate in our sole discretion.
       
       Should Care.com find that you violated the terms of this Section or any
       terms stated herein, Care.com reserves the right, at its sole discretion,
       to immediately terminate your use of the Site and Services. By using the
       Site and/or Services, you agree that Care.com may assess, and you will be
       obligated to pay, $10,000 per each day that you: (i) maintain Care
       Provider or Care Seeker information (including but not limited to, names,
       addresses, phone numbers, or email addresses) or copyrighted material
       that you scraped (either directly or indirectly in a manual or automatic
       manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site
       Content, including but not limited to, use on a “mirrored”, competitive,
       or third party site. This obligation shall be in addition to any other
       rights Care.com may have under these Terms or applicable law. Further, in
       order to protect the integrity of the Site and the Services, Care.com
       reserves the right at any time in its sole discretion to block users from
       certain IP addresses from accessing the Site.


4. BACKGROUND AND VERIFICATION CHECKS

4.1 Care Providers Can Order or Authorize Background Checks about Themselves and
Can Authorize the Sharing of Them with Other Members

Care.com offers to individuals who have registered as Care Providers and Care
Seekers one or more background check services from third-party consumer
reporting agencies (“Background Checks”). Certain background checks may be made
available for purchase by both Care Seekers and Care Providers, while others may
only be made only be available for purchase by Care Seekers or Care Providers.
All background checks require payment of a separate fee by the Member who is
initiating the background check request and are subject to the consent of the
Care Provider on whom the check is being performed.

Each of these Background Checks is regulated by the Fair Credit Reporting Act
(“FCRA”), and the background reports resulting from these services are
considered “consumer reports” under FCRA. Consumer reports may contain
information on your character, general reputation, personal characteristics, and
mode of living, including but not limited to consumer credit, criminal history,
workers’ compensation, driving, employment, military, civil, and educational
data and reports.

Care.com will receive a copy of each Background Check you order or authorize
through Care.com. See Section 4.4 below for information regarding Care.com’s use
of these Background Checks. You are responsible for making sure that the email
address you provide to Care.com is correct, knowing that sensitive information
will be sent to it.

If you are a Care Provider and you authorize a third-party background check
ordered by a Care Seeker, the results of that background check will be made
available to the Care Seeker who ordered it, regardless of its contents.

If you are a Care Provider and you have ordered a Background Check on yourself
from a third-party consumer reporting agency through Care.com, we may indicate
in your profile that you have completed that check. However, we will not share
the results with any other site visitor or Registered User without your specific
authorization.

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.

4.3 Special Responsibilities of Users of Background Check under FCRA

The use of any background check reports obtained through the Site is governed by
the federal Fair Credit Reporting Act (“FCRA”) and certain state laws. If you
order or request access to background check on a Care Seeker, you are considered
an end user of the check, and must agree to a required End User Certification
before the check will be processed. This End User Certification requires you to
certify that you will comply with the FCRA and any applicable state laws, and
summarizes key legal obligations. A summary of your responsibilities in using
the information contained the background check can be found
https://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
https://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 Care.com May Review and Use Background Checks You Order or Authorize About
Yourself

By registering for and using the Site or Services as an individual Care
Provider, and subject to your authorization, you acknowledge and agree that
Care.com may review and use any Background Checks you have ordered or authorized
about yourself for the purpose of protecting the safety and integrity of our
Site and its users, which may, in the case of certain Care Providers, be
considered an employment purpose pursuant to the FCRA. Care.com reserves the
right to terminate your membership based on the information contained in such
report, even if such information was subsequently dismissed.

If Care.com terminates your membership or access to the Site on the basis of
information in a Background Check, we will notify you and provide you the name
and contact information of the consumer reporting agency that created the
report. We will also provide you a copy of the report unless the consumer
reporting agency has already provided you a copy or access to it. You hereby
represent, understand and expressly agree that Care.com does not have control
over or assume any responsibility for the quality, accuracy, or reliability of
the information included in these Background Checks. Furthermore, any
inaccuracies in the report must be addressed with the consumer reporting agency
that issued it and not Care.com.

4.5 Care.com May Order and Use Background Screenings About You

By registering for and using the Site or Services as a Care Seeker or Care
Provider, you hereby acknowledge and agree that Care.com has the right, but not
the obligation, to use a third-party consumer reporting agency on an ongoing
basis to use your personal information to run periodic background screenings on
you for the purpose of protecting the safety and integrity of our Site and its
users (“Preliminary Membership Screens”), which may, in the case of certain Care
Providers, be deemed to be an employment purpose under the FCRA. Subject to
certain additional disclosures and authorizations, if applicable to you as a
Care Provider, Care.com may order these screenings when you register with
Care.com and thereafter in connection with your continued use of our Services
and/or interaction with our Site (such as by contacting or communicating with
other members, posting or updating a job or profile, ordering or authorizing a
Background Check, etc.).

These Preliminary Membership Screens may also regulated by FCRA, and the
background reports resulting from these services may be considered “consumer
reports” under FCRA.

You understand and agree that Care.com may review the information provided by
the third-party consumer reporting agency and that Care.com retains the right to
terminate your Care.com registration based on the information it receives from
these checks, even if such information was subsequently changed or corrected. If
Care.com terminates your membership or access to the Site on the basis of
information in a background report, we will notify you and provide you the name
and contact information of the consumer reporting agency that created the
report. We will also provide you access to a copy of the report unless the
consumer reporting agency has already provided you a copy or access to it. You
hereby represent, understand and expressly agree that Care.com does not have
control over or assume any responsibility for the quality, accuracy, or
reliability of the information included in these checks. Furthermore, any
inaccuracies in the report must be addressed with the consumer reporting agency
that issued it (and not Care.com) within the time period specified in your
notice. Notwithstanding this, you agree that Care.com is under no obligation to
reinstate any accounts it may have terminated even if the information that led
to the termination is subsequently changed or corrected.

BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A
CARE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW
CARE.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED
ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU
SHOULD NOT USE CARE.COM.

4.6 Care.com May Regularly Verify Your Identity and the Accuracy of Your
Representations and Warranties

By registering as a Care Provider or Care Seeker, and, if applicable to you as a
Care Provider, subject to your additional authorization, you authorize Care.com,
and acknowledge that for purposes of promoting the safety and integrity of its
Site and Service, Care.com reserves the right, but not the obligation, to
utilize third party service providers to verify on an ongoing basis that your
registration data is accurate and that the representations and warranties in
Section 2 above addressing legal matters such as complaints, arrests, sex
offender status, etc. are also true (“Verification Checks”). These third parties
may use data from a variety of sources, under a variety of circumstances, for
these site safety purposes including, without limitation, information from
national criminal databases, sex offender registries, certain media streams,
terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law
enforcement reports, and other data.

You agree that Care.com may take such action in response to Verification Checks
as it deems appropriate in its sole discretion, including without limitation
suspending and/or terminating your membership, should it determine that you have
violated any representation or warranty or any other provision of these Terms or
are otherwise unsuitable for Care.com.

You also hereby represent, understand and expressly agree that Care.com does not
have control over or assume any responsibility for the quality, accuracy, or
reliability of the information included in a Verification Check. We do not
typically communicate the results of a Verification Check to any third party,
though we reserve the right to do so for law enforcement or other safety-related
purposes in accordance with applicable laws.

BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER SUBJECT
TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARE.COM TO PERFORM THE
VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION
CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARE.COM.

4.7 Important Limitations About Background Checks; Release of Liability for
Results of Background Checks, Internal Background Checks, and Verification
Checks

SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches
conducted in Massachusetts and New Hampshire as part of the Criminal Records
Check and the Criminal+MVR Records Check (for individuals who are believed to
have lived in one or both of these states during the seven years preceding the
background check request) search only the Superior Court and a single District
Court in the county seat or its equivalent for each county listed below.
Criminal records (including misdemeanors and felonies) from other courts in
these states will not be searched.

This is an illustrative, non-comprehensive, list of certain state and county
limitations of the background checks offered through Care.com; additional
limitations may apply in certain jurisdictions, including on the federal level.
For example, for many states only certain registered sex offender information is
reported, and for many states, only a subset of felony convictions are reported
(and not any misdemeanors, charges or arrest records).

In addition to legal and reporting system limitations of background checks, each
check is performed with the authorization of the person being checked, using
information he or she provides, such as home address, social security number,
date of birth, and name. If a candidate provides incorrect information, the
check might be run with inaccurate identifying data, which can impact the
validity of the criminal check. Finally, criminal records are not always
reported accurately or promptly, and human and electronic error can result in
inaccurate or incomplete reporting. Consequently, even the most comprehensive
background check offered may not disclose the existence of all criminal records
in all jurisdictions.

If you decide to access, use, or share information provided by a Background
Check, you agree to do so in accordance with applicable law. You also agree to
release, indemnify and hold harmless Care.com from any loss, liability, injury,
death, damage, or costs that may result from your use of, reliance on, or
sharing of the information contained in a Background Check regardless of the
cause, including, without limitation, due to the inaccuracy or incompleteness of
any such information.

You expressly acknowledge that Care.com has no obligation to perform Background
Checks, Internal Background Checks, or Verification Checks on any Registered
Users. To the extent Care.com performs such checks on certain Registered Users,
the checks are limited and should not be taken as complete, accurate, up-to-date
or conclusive evidence of the accuracy of any information those users have
provided or of their eligibility to use the Services.


5. TERMINATION

Care.com reserves the right, in its sole discretion, to immediately terminate
your access to all or part of the Care.com Site and/or Services, to remove your
profile and/or any content posted by or about you from the Site, and/or to
terminate your account with Care.com, with or without notice for any reason or
no reason in its sole discretion, including without limitation if Care.com
should determine that you are not eligible to use the Services, have violated
any terms stated herein or in any of the Additional Terms, are not suitable for
participation as a Registered User, have mis-used or mis-appropriated Site
content, including but not limited to use on a “mirrored,” competitive, or
third-party site. Upon termination, Care.com shall be under no obligation to
provide you with a copy of any content posted by or about you on the Site. If we
terminate your registration, we have no obligation to notify you of the reason,
if any, for your termination.

You understand and agree that, following any termination of any individual’s use
of the Site or the Services, Care.com has the right, but not the obligation, to
send a notice of such termination to other Registered Users with whom we believe
the individual has corresponded. Our decision to terminate an individual’s
registration and/or to notify other Registered Users with whom we believe the
individual has corresponded does not constitute, and should not be interpreted
or used as information bearing on, the individual’s character, general
reputation, personal characteristics, or mode of living.


6. PRIVACY

Care.com uses the information you provide on the Site or via the Services or in
accordance with our Privacy Policy. For more information, see our full Privacy
Policy, the terms of which are incorporated herein.


7. LINKS TO EXTERNAL SITES

Links from the Site to external sites (including external sites that are framed
by Care.com) or inclusion of advertisements and other third-party content on the
Site, do not constitute an endorsement by Care.com of such sites or the content,
products, advertising and other materials presented on such sites or of the
products and services that are the subject of such third-party content, but are
for users’ reference and convenience. Care.com does not control third-party
sites or content, and is not responsible for them. Such sites and content are
governed by their respective owners’ terms of use and privacy policies, and not
these Terms or Care.com’s Privacy Policy.

Care.com expressly disclaims any liability derived from the use and/or viewing
of links that may appear on this Site. All users hereby agree to hold Care.com
harmless from any liability that may result from the use of links that may
appear on the Site.


8. PAYMENT AND REFUND POLICY

In order to utilize some Care.com Services or product offerings, the user of
such Services or product offerings must pay Care.com either a recurring
subscription, one-time, or other fees. In addition, the user is responsible for
any state or local sales taxes associated with the Services or product offerings
purchased. Notwithstanding the foregoing, for certain Care Seekers who enroll in
Care.com and receive access to a paid membership subscription through their
employer’s benefits program, the related subscription fee is paid by their
employer, and the Care Seeker has no obligation to pay the automatically
renewing subscription fee associated with such subscription so long as the
subscription remains part of the employer’s benefits program.


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.


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.


8.3 INSTALLMENT PLAN OPTIONS

From time to time, we may offer products or Services (including but not limited
to premium subscriptions) that include an option to pay some or all of the
applicable fees in installments. In the case of recurring subscriptions, the
installment payment option may apply only to the initial subscription term, and
not to any renewal or recurring terms or payments.

By selecting an installment payment option, you agree to pay Care.com all
charges associated with the subscription, Service, or product you purchase, as
described on the Site at the time you submit your payment information. You also
authorize Care.com, or a third-party payment processor that works on our behalf,
to charge your chosen payment method according to the terms of your chosen
installment plan.

If you purchase a Service (such as a premium subscription) you agree and
understand that, unless otherwise required by applicable law, you are committing
to make all of the agreed-upon installment payments, regardless of whether you
cancel the purchased Service. If you cancel your subscription prior to
completing all installment payments due, then, unless otherwise required by
applicable law, the remaining balance of the subscription will remain due and
payable pursuant to the installment payment schedule you agreed to.

If Care.com is not able to charge any payment to your chosen payment method, we
reserve the right to pursue any remedy that may be available to us, including
the right to suspend or terminate your premium subscription and/or your Care.com
account. You agree that Care.com and its Affiliates have no liability related to
the exercise of these remedies.

Notwithstanding the foregoing, nothing in this Section is intended to limit or
alter Care.com’s right to terminate your account at any time pursuant to Section
5 above.


8.4 FREE TRIAL OFFERS

Care.com may offer limited-time free trial subscriptions to certain users from
time-to-time. Users who sign up for a Care.com Service on a free trial basis may
have limited access to the Service and/or features of the Site. If a user signs
up for a free trial subscription, unless he or she cancels before the expiration
of the free trial period, the user will be charged the price then in effect for
a subscription to the Service, unless otherwise informed by Care.com at the time
of original subscription. If a user does not want to continue with the Service
after the expiration of the free trial period, the Care Seeker or Care Provider
must downgrade or cancel their subscription, and request a refund of the
subscription fee within thirty (30) days of being charged the subscription fee
for the Service. Upon cancellation, the Care Seeker or Care Provider’s credit
card will be refunded for the amount of the most recent subscription charge so
long as he or she has not used the subscription after the expiration of the free
trial period.


8.5 REWARD POINTS

As part of your membership or as a promotion, we may issue you reward points
redeemable for products or services as described on the Site. Such points may
only be redeemed via the Site, have no cash value, are not redeemable for cash
(except to the extent specifically required by law), and are non-transferrable
and non-refundable under any circumstances. Reward points have no fixed value,
but may be redeemed for the lesser of (1) the cost of the goods or services for
which they are redeemed; (2) any maximums, caps, or limitations described on the
Site; or (3) 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 of points 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.


8.6 REFUND POLICY

Except as set forth in these Terms or as described on the Site at the time you
make a purchase, all payments for subscriptions, services or products made on or
through the Site or Services are non-refundable, and there are no refunds or
credits for unused or partially used subscriptions, services or products, even
if you cancel your membership or a subscription, service, or product in the
middle of a term.


9. RELEASE OF LIABILITY FOR CONDUCT AND DISPUTES

By using this Site or our Services, you hereby represent, understand, and
expressly agree to release and hold Care.com (and Care.com’s officers,
directors, shareholders, employees, parents, subsidiaries, other affiliates,
successors, assignees, agents, representatives, advertisers, marketing partners,
licensors, independent contractors, recruiters, corporate partners or resellers,
or your employer, if you enrolled in Care.com through their employer’s benefits
program, (“Affiliates”)) harmless from any claim or controversy that may arise
out of:

 * * the actions or inactions of, or the relationship between, you and any Care
     Seeker, Care Provider or other user(s) of the Site that are not Backup Care
     Providers employed by one of our subsidiaries; and
   * any information, instruction, advice or services created by any Care
     Seeker, Care Provider, or other third party that appeared on, or was
     communicated through, the Site
     
     Care.com and its Affiliates expressly disclaims any liability whatsoever
     for any damage, suits, claims, and/or controversies that have arisen or may
     arise, whether known or unknown, from the above.


10. AGE RESTRICTIONS

Care.com is intended for people 18 or over. Care.com will not knowingly collect
any information from individuals under 13. Should we determine that you do not
meet the age requirements for using our Site or Services, your registration will
be terminated immediately.


11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION


11.1 NO WARRANTY

The information and materials contained on the Site, including text, graphics,
information, links or other items are provided “as is,” “as available.” Further,
opinions, advice, statements, offers, or other information or content made
available through the Services, but not directly by Care.com, are those of their
respective authors, and should not necessarily be relied upon. Such authors are
solely responsible for such content. CARE.COM DOES NOT: (1) WARRANT THE
ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT,
ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARE.COM; (3) WARRANT THAT
YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES,
UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR
THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARE.COM EXPRESSLY EXCLUDES ALL
CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY
STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR
OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, CARE.COM MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING
THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER
OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.

WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED
ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR
REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE
CORPORATE CARE SEEKER, CARE.COM OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL
CARE.COM OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH
INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL
APPLICABLE LAWS AND REGULATIONS.


11.2 ASSUMPTION OF RISK

While Care.com takes certain steps to help promote the safety of our Site and
Services, finding care or care-related jobs via an online platform like ours
comes with certain inherent risks. We do not provide any training, supervision,
or monitoring of Care Seekers or Care Providers, and we cannot guarantee that
all of your interactions with other Registered Users, site visitors, their
families, or others associated with them, will always be 100% safe and
respectful. You agree to assume all risks when using the Site and the Services,
including but not limited to injury, illness, death, and all other risks
associated with any online or offline interactions with users of the Site or the
Services. You also agree not to rely solely on steps Care.com may take to vet or
screen Care Providers or Care Seekers and/or their Content, or otherwise to
promote the safety of the Site and Services. You further agree to take all
necessary precautions, including but not limited to reviewing the
recommendations set forth in Care.com’s Safety Center at
www.care.com/safety-center-p1273.html, when interacting with other site
visitors, Registered Users, their families, and others associated with them.


11.3 LIMITATION OF LIABILITY

Incidental Damages and Aggregate Liability. In no event will Care.com be liable
for any indirect, special, incidental, or consequential damages, losses or
expenses arising out of or relating to the use or inability to use the Site or
Services, including without limitation damages related to any information
received from the Site or Services, removal of content from the Site, including
profile information, any email distributed to any user or any linked web site or
use thereof or inability to use by any party, or in connection with any
termination of your subscription or ability to access the Site or Services,
failure of performance, error, omission, interruption, defect, delay in
operation or transmission, computer virus or line or system failure, even if
Care.com, or representatives thereof, are advised of the possibility of such
damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CARE.COM’S AGGREGATE
LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR
THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR
ACCOUNT, OR, IF YOU HAVE NOT PAID CARE.COM FOR THE USE OF ANY SERVICES, THE
AMOUNT OF $25.00.

No Liability for non-Care.com Actions. IN NO EVENT WILL CARE.COM BE LIABLE FOR
ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL,
COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE
CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE
SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE,
INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY
OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS
WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE.
THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS
WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of
these Terms, any advice that may be posted on the Site is for informational
purposes only and is not intended to replace or substitute for any professional
financial, medical, legal, or other advice. Care.com makes no representations or
warranties and expressly disclaims any and all liability concerning any
treatment, action by, or effect on any person following the information offered
or provided within or through the Site. If you have specific concerns or a
situation arises in which you require professional or medical advice, you should
consult with an appropriately trained and qualified specialist.


11.4 INDEMNIFICATION

By agreeing to these Terms, users of the Site and Services agree to indemnify,
defend and hold harmless Care.com and its Affiliates from and against any and
all claims, losses, expenses or demands of liability, including reasonable
attorneys’ fees and costs incurred by Care.com and its Affiliates in connection
with any claim by a third party (including an intellectual property claim)
arising out of (i) materials and content you submit, post or transmit through
the Site, (ii) use of the Site or Services by you in violation of these Terms of
Use or in violation of any applicable law, or (iii) any relationship or
agreement formed with a Care Seeker or Care Provider using the Site or Services.
Users further agree that they will cooperate as reasonably required in the
defense of such claims. Care.com and its Affiliates reserve the right, at their
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by users, and users shall not, in any event, settle
any claim or matter without the written consent of Care.com. Users further agree
to hold harmless Care.com and its Affiliates from any claim arising from a third
party’s use of information or materials of any kind that users post to the Site.


12. COPYRIGHT NOTICES/COMPLAINTS

It is Care.com’s policy to respond to notices of alleged copyright infringement
with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials
accessible on or from our Site infringe your copyright, you may request removal
of those materials (or access thereto) from the Site by contacting Care.com’s
copyright agent (identified below) and providing the following information:

 1. 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 Manager
Care.com, Inc.
Attn: Legal Department
816 Congress St.
Suite 800
Austin, TX 78701

copyright@care.com

Phone: 512-842-7520



In an effort to protect the rights of copyright owners, Care.com maintains a
policy for the termination, in appropriate circumstances, of Members and other
users of this Site who are repeat infringers.


13. AGREEMENT TO ARBITRATE


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.


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.


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, 816 Congress St.,
Suite 800, Austin, TX 78701.


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,
816 Congress St., Suite 800, Austin, TX 78701. 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.


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.


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.


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, 816 Congress St., Suite 800, Austin, TX
78701. 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.


13.8 FUTURE CHANGES TO THIS ARBITRATION AGREEMENT

Notwithstanding any provision in these Terms to the contrary, you and we agree
that if we make any change to this Arbitration Agreement (other than a change to
any notice address or website link provided herein) in the future, such change
shall not be effective until at least 60 days from the date of posting, and
shall not apply to any claim that was filed in a legal proceeding against
Care.com prior to the effective date of the change. Moreover, if we seek to
terminate this Arbitration Agreement from these Terms, such termination shall
not be effective until 30 days after the version of these Terms not containing
the Arbitration Agreement is posted to the Site, and shall not be effective as
to any claim that was filed in a legal proceeding against Care.com prior to the
effective date of removal.


14. GOVERNING LAW AND JURISDICTION

These Terms, and all claims relating to or arising out of this contract, or the
breach thereof, whether sounding in contract, tort, or otherwise, shall be
governed by the laws of the State of Delaware, including Delaware’s statutes of
limitations governing your claim, without giving effect to its principles of
conflicts of law, provided that the Federal Arbitration Act shall govern the
interpretation and enforcement of Section 13, the Arbitration Agreement.

Unless you and we agree otherwise, in the event that the Arbitration Agreement
is found not to apply to you or to a particular claim or dispute (except for
small-claims court actions), either as a result of your decision to opt-out of
the Arbitration Agreement or as a result of a decision by the arbitrator or a
court order, you agree that any claim or dispute that has arisen or may arise
between you and Care.com must be resolved exclusively by a state or federal
court located in the State of Delaware.

You and Care.com agree to submit to the personal jurisdiction of the courts
located within the State of Delaware for the purpose of litigating all such
claims or disputes.


15. CONSENT TO ELECTRONIC COMMUNICATION

By using the Site or Services of Care.com, you agree to allow Care.com to
communicate with you electronically, and you consent to electronic delivery of
notices, documents, or products (including, without limitation, reports or
copies of Background Checks and Preliminary Membership Screens) from Care.com
via the Care.com Site, mobile application, online messaging platform, or e-mail.
You also agree to check your Care.com account, alerts, and messages, and the
e-mail account reflected on your Care.com on a reasonably regular basis to stay
apprised of important notices and information about your account.


16. MISCELLANEOUS

Nothing in this Agreement shall be construed as making either party the partner,
joint venturer, agent, legal representative, employer, contractor or employee of
the other. Neither party shall have, or hold itself out to any third party as
having any authority to make any statements, representations or commitments of
any kind, or to take any action, that shall be binding on the other, except as
provided for herein or authorized in writing by the party to be bound. The
invalidity, illegality or unenforceability of any term or provision of these
Terms shall in no way effect the validity, legality or enforceability of any
other term or provision of these Terms. Each Affiliate (as defined in Section
1.2) is expressly made a third party beneficiary of this Agreement and may
enforce this Agreement directly against you. This Agreement will be binding on
and will inure to the benefit of the legal representatives, successors and
assigns of the parties hereto.


17. SEVERABILITY

If a court decides that any term or provision of these Terms other than Section
13.2 is invalid or unenforceable, the parties agree to replace such term or
provision with a term or provision that is valid and enforceable and that comes
closest to expressing the intention of the invalid or unenforceable term or
provision, and these Terms shall be enforceable as so modified. If a court
decides that any of the provisions of Section 13.2 are invalid or unenforceable,
then the entirety of Section 13 shall be null and void. The remainder of the
Terms will continue to apply.


18. CONTACT INFORMATION

If you have any questions or need further information as to the Site or Services
provided by Care.com, or need to notify Care.com as to any matters relating to
the Site or Services please contact Care.com at:

Copyright Agent
Care.com, Inc.
Attn: Legal Department
816 Congress St.
Suite 800
Austin, TX 78701


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