Care.com Terms of Use

This Agreement contains all of the terms and conditions between Care.com, Inc. ("Care.com") and you ("Care Seekers/Care Providers and/or any other user") and governs the use of the service offered at the Care.com Website and through any Care.com mobile application (collectively, the "Site"). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a member of Care.com ("Member"). If you wish to become a Member and make use of the Care.com service (the "Service"), then please read this Agreement. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Care.com Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Care.com at any time, effective upon posting on the Care.com Website, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Care.com from time to time, such modifications to be effective upon posting by Care.com on the Site. This Agreement includes the Care.com Privacy Policy. By accessing the Site or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.

2. CARE.COM IS A VENUE. The Site is a communications platform for enabling the connection between individuals seeking home or care services ("Care Seekers") and/or individuals or companies providing home or care services ("Care Providers"). Care.com does not take part in the interaction between Care Seekers and Care Providers except to collect payments on the behalf of Care Seekers and Care Providers for venue services through the Site. Users do hereby represent, understand and expressly agree that Care.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Seekers. Care.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Care Providers or Care Seekers through the Site whether in public, private or offline interactions. Care.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on this Site. Care.com does not assume and expressly disclaims any liability that may result from the use of this information. Care.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Care Seekers and Care Providers do hereby expressly agree not to hold Care.com (or Care.com's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and 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 therefrom.

3. ELIGIBILITY. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction.

By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (a) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity.

You hereby authorize Care.com to verify your representations and warranties herein, and you acknowledge that Care.com reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks and using other available public records, and to take action it deems appropriate in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Use.

NOTWITHSTANDING THE FOREGOING, CARE.COM DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD CARE.COM HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.

4. RELEASE. Care Seekers may seek the services of a Care Provider through the use of the Site and Care Providers may submit proposals to Care Seekers regarding their services. In the event that a Care Seeker and a Care Provider agree on the provision of services such agreement is solely between the Care Seeker and the Care Provider; Care.com is not a party to any such agreement. Any issues concerning the services received by the Care Seeker or payment due to the Care Provider must be resolved directly by the Care Seeker and the Care Provider. Care.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold Care.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Care.com will use its reasonable efforts to monitor Care Provider and Care Seeker profiles, actions, comments, and general usage of the Site and suspend privileges to any Care Seeker or Care Provider not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. In addition, you agree to review the Care.com Safety Tips prior to using the Service. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to Care.com immediately by notifying Care.com of the same via electronic correspondence.

5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Care.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "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, 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). You will not provide inaccurate, misleading or false information to Care.com or to any other user of the Site.

You understand and agree that Care.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of Care.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.

By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Care.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and 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.

In addition, if you post a video to the Site, you are required to agree to the terms of use of Fliqz, Inc., a third party that provides video services on the Site. The Fliqz Terms of Use at http://www.fliqz.com/aspx/terms.aspx is hereby incorporated into this Agreement by reference.

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, 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.

7. PRIVACY. Care.com will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

8. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by Care.com) or inclusion of advertisements 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 advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Care.com does not control such sites, and is not responsible for their content. Just because Care.com has hyperlinks to such sites does not mean that Care.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Care.com's Terms of Use and 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.

9. COPPA COMPLIANCE. Care Seekers and Care Providers should monitor children's use of the Internet. Care.com is intended for people 18 or over. Care.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. Care.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.

10. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Care Seekers or Care Providers for employment or contracting for a business not affiliated with Care.com without express written permission from Care.com. Should Care.com find that you violated the terms of this paragraph or any terms stated herein, Care.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Care Provider or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.

Although Care.com cannot monitor the conduct of its users off the Site, it is also a violation of these Terms of Use to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

In order to protect the integrity of the Site and the Service, Care.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

Care.com reserves the right, in its sole discretion, to terminate your access to all or part of the Care.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in Care.com, for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, Care.com reserves the right to send a notice thereof to other members which whom you have corresponded.

11. PAYMENT AND REFUND POLICY FOR INDIVIDUAL CARE SEEKERS. Individual Care Seekers are obligated to pay for the service of the Site, unless specifically notified otherwise. Care Seekers that sign up agree to pay Care.com all charges at the prices then in effect for any use of the Site. In addition, Care Seekers authorize Care.com to charge their chosen payment provider for use of the Site. Care.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Care.com may offer limited-time free trial subscriptions to Care Seekers from time-to-time. Care Seekers who sign up for Care.com on a free trial basis may have limited access to the features of the Site. If a Care Seeker continues their subscription after the end of the free trial period, the Care Seeker will be charged the price then in effect for a monthly subscription to the Service. To avoid being charged for the service of the Site, a Care Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.

The subscriptions of Care Seekers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, contact Care.com Member Care or edit your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.

No refunds or credits will be provided for account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At Care.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Care.com.

12. PAYMENT AND REFUND POLICY FOR COMPANY/AGENCY CARE SEEKERS. Care.com may provide certain types of company or agency Care Seekers ("Company Recruiters") with the option to post jobs ("Company Job Postings") on the Site for open employment positions. Individual Care Providers may choose to respond to Company Job Postings by uploading a resume and applying for the posted job. Company Job Postings must represent open positions for W-2 or 1099 employees and must contain sufficient detail to clearly convey the nature and requirements of the job opportunity.

In exchange for posting one or more Company Job Postings, Company Recruiters agree to pay Care.com the applicable then-current fees for Company Job Postings, which are published on the Site and/or stated in a purchase order with Care.com.

No refunds or credits will be provided for Company Job Posting cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At Care.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Care.com.

13. PAYMENT AND REFUND POLICY FOR INDIVIDUAL CARE PROVIDERS. The basic services of Care.com are free for individual Care Providers (though some premium services are offered for a fee).

Individual Care Providers have the option of enrolling in the Featured Caregiver program. Individual Care Providers that enroll in this program are obligated to pay for the service of this program, unless specifically notified otherwise. The services of Featured Caregiver program include a more prominent listing on the Site, priority notification of new jobs, and a background check. A background check will only be included as part of the Featured Caregiver program if the Care Provider does not have a background check on file or if an existing background check on file is older than 1 year. Refunds or credits for existing background checks will not be granted to Care Providers that enroll in the Featured Caregiver program. Care Providers that enroll in this program agree to pay Care.com all charges at the prices then in effect for the Featured Caregiver program. In addition, Care Providers participating in the Featured Caregiver program authorize Care.com to charge their chosen payment provider for participation in the program. Care.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of Individual Care Providers that enroll in the Featured Caregiver program will be automatically extended for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional subscription rate. To cancel your subscription in the Featured Caregiver program, contact Care.com Member Care or edit your account settings.

No refunds or credits will be provided to Care Providers for subscription or program cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At Care.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Care.com.

14. PAYMENT AND REFUND POLICY FOR COMPANY/AGENCY CARE PROVIDERS. Companies and agencies that sign up as Care Providers are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Care Providers agree to pay Care.com all charges at the prices then in effect for any use of the Site. In addition, these Care Providers authorize Care.com to charge their chosen payment provider for use of the Site. Care.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of companies and agencies that sign up as Care Providers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To cancel your subscription, contact Care.com Member Care or edit your account settings.

No refunds or credits will be provided to Care Providers for subscription or program cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At Care.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Care.com.

15. LEAD REFERRAL PROGRAM FOR COMPANY/AGENCY CARE PROVIDERS. Care.com may provide certain types of company or agency Care Providers with the option to receive sales leads ("Leads") from Care Seekers who review the Care Provider's profile and request more information about their services via the Site. Care.com will send Leads by e-mail to Care Providers who participate in this program ("Lead Program Participants"). Each Lead will contain contact information for the Care Seeker as well as details of their care needs.

Monthly Lead Cap: Upon enrollment, the Lead Program Participant specifies the maximum number of Leads they would like to receive each calendar month ("Monthly Lead Cap"). The Lead Program Participant may change their Monthly Lead Cap at any time and the new maximum will go into effect within one (1) business day. If the Monthly Lead Cap is lowered to a level below the number of Leads already received in the current month, Lead transmission will be paused for the remainder of the current month and the new Monthly Lead Cap will take effect in the following month. The Lead Program Participant may pause or cancel their participation in the Lead Referral Program at any time, but will remain responsible for payment for any Leads sent to them prior to the pausing or cancellation.

Fees: At the end of each calendar month, Care.com will charge the Lead Program Participant for each Lead that was emailed to them during that month. The price per Lead ("Lead Fee") will be the amount specified upon program enrollment, unless Care.com has provided the Lead Program Participant with notification of a change to the Lead Fee. Care.com will provide at least thirty (30) days notice to the Lead Program Participant before any Lead Fee change goes into effect. All Fees shall be charged to the Lead Program Participant via the credit card provided upon enrollment or such other credit card as may be requested by Lead Program Participant to be charged from time to time. No fees will be charged for the display of the Lead Program Participant's profile on the Site.

Provider Responsibility: Care.com is not responsible for any failure of the Lead Program Participant to receive Leads due to spam filters, address-book filters, filters imposed by internet service providers, or failure on the part of the Lead Program Participant's email servers or internet service provider to deliver the Leads. Lead Program Participants agree to make best efforts to respond to Leads within two (2) business days. The Lead Program Participant shall contact the Care Seeker and use their contact information only for purposes directly related to their information request. The Lead Program Participant may not add a Care Seeker's email address from a Lead to any on-going email communication subscription without first obtaining an independent opt-in request from the Care Seeker. The Lead Program Participant may not use the Lead for purposes of cross-selling other products or services not sold by the Lead Program Participant.

Credit Procedure: At Care.com's sole discretion, the Lead Program Participant's account may be credited for a previously charged Lead Fee if both the phone number and email address provided by the Care Seeker for the Lead are invalid. In order to be eligible to receive a credit, the Lead Program Participant's account with Care.com must be current (i.e. no "past due" balances), and the Lead Program Participant must request a credit within ten (10) calendar days of the date the Lead was sent, using the process specified upon enrollment, or otherwise updated and communicated to the Lead Program Participant by Care.com. Care.com will send the Lead Program Participant an e-mail with the result of the credit request investigation within five (5) business days of receiving the credit request. Care.com reserves the right to contact the Care Seeker who submitted the information request and, if it determines that the Lead satisfies the credit criteria listed above, will credit the Lead Program Participant's account. Requests for credit that are submitted during the month in which the Lead was generated, and that are approved for credit by Care.com during that month, will be processed immediately and the Lead Program Participant will not be charged. Requests for credit that are submitted after the month in which the Lead was generated, and that are approved by Care.com, will be credited against the following month's charges. If the credit amount exceeds the following month's charges, the credit balance will be carried over to future months until the full amount has been credited.

16. THIRD PARTY VERIFICATION SERVICE. Care.com may make a third-party verification service available to Care Seekers and Care Providers. Care Seekers and Care Providers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Care.com is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that Care.com may review the information provided by the third-party verification service and that Care.com retains the right to terminate your Care.com membership based on the information.

17. FAIR CREDIT REPORTING ACT. Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Care.com, Inc. notifies you that if you choose to participate in our third-party verification service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. 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. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Care.com from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Care.com does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.

18. SMS TEXT MESSAGE ALERT SERVICE. Care.com may make an SMS text message alert service available to Care Seekers and/or Care Providers. Care Seekers and/or Care Providers who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give Care.com express permission to send SMS text messages your cellular phone and/or mobile device. Additionally, you do 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 this service. Although, Care.com does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from Care.com.

19. GIFT MEMBERSHIPS. Care.com may provide Care Seekers and/or Care Providers with the ability to purchase Gift Memberships in Care.com for other individuals. The Care Seeker or Care Provider purchasing the Gift Membership will specify the name and email address of the Gift Membership recipient at the time of purchase. Upon the purchase of a Gift Membership, Care.com will transmit the Gift Membership to the specified recipient via email. Gift Memberships must be redeemed on the Care.com Site using special links contained in the emails which Care.com sends to the Gift Membership recipients. All Gift Memberships and their use are subject to the Care.com Terms of Use and Privacy Policy.

No refunds or credits will be provided for Gift Membership after they are purchased. At Care.com's sole discretion, refunds or credits may granted in extenuating circumstances or to correct any errors made by Care.com. The risk of loss for a Gift Membership passes to the purchaser upon Care.com's electronic transmission to the recipient. Care.com is not responsible for lost or stolen Gift Memberships. Care.com will have the right to close accounts and/or request alternative forms of payment if a fraudulently obtained Gift Membership is redeemed through the Care.com Site. Gift Memberships cannot be resold, transferred for value, or redeemed for cash, except to the extent required by law. Unredeemed Gift Memberships will expire 2 years after purchase. Expiration dates do not apply in certain states solely to the extent as prohibited or limited by law. Care.com makes no warranties, express or implied, with respect to Gift Memberships, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Membership is non-redeemable, your sole remedy, and Care.com's sole liability, shall be the replacement of such Gift Membership.

20. CARE CLUB REWARDS PROGRAM. Care.com may provide Care Seekers and/or Care Providers with access to an online shopping rewards program referred to as the Care Club Rewards Program (the "Program"). Under the Program, you can accrue cash rewards ("Program Rewards") by shopping online with retailers who participate in the Program ("Participating Retailers") when you use the links found only at careclub.care.com (the "Care Club Site"). When your accumulated Program Rewards reach a specified threshold you will receive a redemption payment. The Care Club Site is owned by Care.com, Inc. and operated by Mall Networks, Inc.

Eligibility: To be eligible for the Program you must be a Care Seeker in good standing or a Care Provider in good standing.

Rewards Accumulation: You can accumulate Program Rewards based on the dollars you spend (net of returns and credits) at Participating Retailers when you shop using the links at the Care Club Site. The amount of Program Rewards you accumulate for each dollar you spend will vary by Participating Retailer and by offer. Any returns or credits related to your purchases at a Participating Retailer will be netted out of your spending at such Participating Retailer for Program Rewards accumulation purposes, or will result in a deduction of Program Rewards already accumulated. Program Rewards accumulation rules are subject to change at any time, without notice to you.

Although Participating Retailers have committed to participate in the Program, your accumulation of Program Rewards based on your spending at Participating Retailers depends on our receipt of information about your spending and fulfillment by the Participating Retailer of its contractual obligations. Your Program Rewards will only be awarded for purchases made at these Participating Retailers if you click through from the Care Club Site. For additional information, see individual Participating Retailer offers and terms at the Care Club Site.

We will track and apply new Program Rewards to your accumulated balance of Program Rewards once we receive information from the Participating Retailer that you have in fact made purchases through their respective link on the Site and met their respective terms and conditions for the offer. If you believe that you have made purchases that should have resulted in the addition of Program Rewards to your accumulated Program Rewards balance, and you see that the Program Rewards have not been reflected within forty-five (45) days after your purchase (deemed to be the date the charge appears on your credit card statement), you can contact us by visiting the Contact Us page of the Site within ninety (90) days after the date of such purchase and we will investigate the situation. (If you wait longer than 90-day period, your ability to claim the Program Rewards will be considered waived). We may ask you for documentation of the spending you contend should have resulted in Program Rewards accumulation. However, if the Participating Retailer does not fulfill its obligations with respect to the Program Rewards, or if the Participating Retailer does not agree that the Program Rewards should have been accumulated, we will not have an obligation to add them to your Program Rewards balance. You acknowledge that we may audit all transactions initiated via the Care Club Site for which Program Rewards are claimed to verify that the transaction in question qualified for the award, was completed, and has not been cancelled or reversed. You acknowledge that if we suspect fraud, we may investigate and report any evidence, including any personal information gathered during your participation in the Program to law enforcement or other governmental or judicial authorities.

Rewards Redemption: You understand that Program Rewards have no cash value and can only be redeemed for a check ("Rewards Check") or VISA prepaid card ("Rewards Care") at Care.com's discretion. The Program provides you with the opportunity to redeem your Program Rewards once your Program Rewards balance reaches at least $15 (the "Redemption Threshold"). You have no ownership rights in any Program Rewards you accumulate, but you will own any Rewards Check or Rewards Card once we mail it to you. No written confirmation of your accumulated Program Rewards will be sent to you. However, you can check your accumulated Program Rewards online at the Care Club Site. Your Program Rewards don't expire, so long as you maintain your Care.com account. All accumulated Program Rewards which have not been previously redeemed, will only expire and be forfeited in the event your Care.com account is terminated or cancelled.

Rewards redemption will be processed four times during the year: in May for Program Rewards accumulated as of March 31st; August for Program Rewards accumulated as of June 30th; November for Program Rewards accumulated as of September 30th; and February for Program Rewards accumulated as of December 31st. You will automatically receive a Rewards Check or Rewards Card (at Care.com's discretion) if you've reached the Redemption Threshold in Program Rewards as of the above dates. You will receive your Reward Check or Reward Card within 30 days after the applicable processing date at the address you registered in your Care.com account. You agree that Care.com may share any required information with our third party fulfillment vendor for the issuance of Rewards Checks or Rewards Cards.

Your Obligations: You agree that you will not attempt to transmit any offers or Program Rewards offered under the Program to any other person, and that you will not misuse the Program. The Program Rewards you have accumulated may not be sold, transferred, assigned, exchanged, donated or traded. You will be solely responsible for any tax liability, including all applicable filing and reporting obligations, connected with the receipt or use of the Program Rewards earned by you through your participation in the Program. You also agree to keep the mailing address in your Care.com account up-to-date. Care.com will have no liability if the mailing address in your Care.com account is incorrect.

If you or we close or terminate your Care.com account, you will no longer be able to accumulate Program Rewards. At that time, if you have any accrued Program Rewards valued at less than the Redemption Threshold, we will provide you with six (6) months to request redemption of the Program Rewards, even if less than the Redemption Threshold, by written request through the Contact Us form on the Site. If we receive your written redemption request within said six-month period, we will send you a Reward Check for your Program Rewards balance on the next scheduled redemption processing date. If you do not request redemption of the Program Rewards within such six-month period, then any Program Rewards are forfeited, and you will have no rights to redeem such Program Rewards. At its sole discretion, Care.com reserves the right to accept or deny your Program Rewards redemption request at any time.

General: We may terminate, change or temporarily suspend the Program, or change the Program rules or awards at any time, with or without notice, in our sole and absolute discretion. This means that the accumulation of Program Rewards does not entitle you to any vested rights with respect to the Program Rewards, awards, or Program benefits. In accumulating Program Rewards, you may not rely on the continued availability of any award or award level, and you may not be able to obtain all offered awards. Any award may be withdrawn, or the Program Rewards requirement relating to it may be changed, at any time. These changes may affect the value of, or your ability to use, any accumulated Program Rewards. Additionally, we may amend these terms at any time, and the changes may apply to accumulated Program Rewards, as well as the Program in general.

21. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". CARE.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

22. DISCLAIMER OF WARRANTY.

1. No Warranties. CARE.COM PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CARE.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CARE.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
   
   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 MEMBER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO SECURE THE SERVICES OF A CAREGIVER, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE.
2. Third Party Content. 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: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARE.COM. UNDER NO CIRCUMSTANCES WILL CARE.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

23. ASSUMPTION OF RISK. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members of the site. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in Care.com's Safety Tips, when interacting with others Members of the site.

24. LIMITATION OF LIABILITY.

1. 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, including without limitation damages related to any information received from the Site, 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, 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 US$25.00 OR ITS EQUIVALENT.
2. No Liability for non-Care.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, 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.
3. In addition to the preceding paragraphs of this section and other provisions of this Agreement, 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.

25. INDEMNIFICATION. By agreeing to the terms of this Agreement, users of the Site 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 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, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. 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.

26. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Care.com's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Care.com's agent for copyright issues relating to this Site is as follows:

Copyright Agent
Legal Department
Care.com, Inc.
1400 Main Street
Waltham, MA 02451 USA

Phone: 781-642-5900
Fax: 781-899-1294
Email: copyright@care.com

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.

27. NOTICE OF TRADEMARK RIGHTS.The service marks and trademarks Care.com and the Care.com logo are service marks owned by Care.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Care.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

28. U.S. EXPORT CONTROLS. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

29. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Massachusetts, Suffolk County, for the resolution of any such dispute.

30. 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. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

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