(POSTED JUNE 14, 2013. EFFECTIVE IMMEDIATELY FOR USERS WHO JOIN CARE.COM ON OR AFTER JUNE 14, 2013
AND ON AUGUST 20, 2013 FOR USERS WHO JOINED CARE.COM PRIOR TO JUNE 14, 2013.
individuals residing in the United States may use the Care.com Site and/or the Care.com Services
(described below). Certain Care.com Services are subject to additional policies, rules and terms
and conditions, which are set forth in the printed or online Service materials relating to those
Services ("Additional Terms").
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 us to binding and final arbitration, unless you opt out of the
Agreement to Arbitrate (see Section 13 "Agreement to Arbitrate") by the later of August 20, 2013
or 30 days after the date you accept these Terms for the first time. 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.
the Site or the Services.
We will notify you about significant 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. Significant changes will go into effect
no less than 30 days after we notify you. Non-material changes or clarifications will take
effect immediately upon posting of the updated Terms on our Site. You should periodically
check www.care.com/terms for updates. Additional Terms are also subject to change by Care.com
at any time and take effect immediately upon publishing. Any use of the Site or the Services
by you after the effective date of any changes will constitute your acceptance of such changes.
For purposes of these Terms, the "Site" shall mean www.care.com and any other Care.com branded 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 over the telephone. The terms "Site" and "Services"
also include Care.com's Karoo mobile application and the services offered through that application as
well as certain sites and services offered through our subsidiary, Parents in a Pinch, Inc. ("PIAP"), to
the extent explicitly described herein. However, the terms "Site" and "Services" do not include the sites
or services offered by any other Care.com subsidiaries, including without limitation, Breedlove & Associates,
LLC and our international subsidiaries. The services and sites offered by such other subsidiaries are subject to
separate terms, which can be found on their respective sites and/or service materials. In addition, these Terms
do not apply to third party entities that may use the Care.com Site or Services. Such entities' use of the Care.com
Site and Services are subject to separate terms that they agreed when they registered with Care.com.
- Description of Services; Limitations; User Responsibilities
- Eligibility to Use The Site and Services; Representations and Warranties
- Rules For User Conduct and Use of Services
- Background and Verification Checks
- Termination of Registration
- Links to External Sites
- Payment and Refund Policy
- Release of Liability for Conduct and Disputes
- Age Restrictions
- Disclaimers; Limitations; Waivers; and Indemnification
- Copyright Notices/Complaints
- Agreement to Arbitrate
- Governing Law and Venue
- Contact Information
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 enable individuals seeking care services (such as child care, senior care, special needs,
pet care, tutoring and housekeeping services) and corporate care providers seeking individual
care providers to hire (such as child centers, in-home care agencies, and senior living facilities)
(each "Care Seekers") to post jobs on the Site, and we enable individuals and entities who provide
care services ("Care Providers") to post profiles on the Site and apply to jobs.
We provide search functionality on the Site to allow Care Seekers and individual Care
Providers to narrow the pool of Care Seekers or Care Providers they are interested in
meeting based on their needs and preferences, and we provide a communications platform
that allows Care Seekers and Care Providers to communicate without sharing contact information.
We provide tools and information to help Care Seekers and Care Providers make more informed
decisions, such as (i) our safety center, 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 on individual Care Providers who consent to the running and sharing of those reports.
We provide a directory of entity Care Providers 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 that users may contact or request information from.
For certain Care Seekers who would like additional assistance in narrowing down the list of Care
Providers to choose from, we offer the Care Concierge Service through our subsidiary, PIAP.
For Care Seekers who would like assistance in helping their aging loved ones remain in their homes,
we offer our HomeBase Service. Through this Service, we help Care Seekers arrange for personal
home care assistance, transportation and other care-related services from third parties we contract
with who provide those services (such third parties, along with the individuals who work for them,
also "Care Providers"). Please visit our Site for more information on this Service. Certain aspects
of the HomeBase Service may be offered through our subsidiary PIAP.
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 subsidiary, PIAP, a Back-Up Care Service that enables
them to receive periodic emergency back-up care from third parties we or PIAP contract with who provide
those services (such third parties, along with the individuals who work for them, also "Care Providers").
If you have enrolled in Care.com through your employer's benefits program, please inquire with your benefits
department to determine whether this offering is available to you.
For certain Care Seekers who enroll in Care.com through their employer's benefits program and for
certain other Care Seekers, we offer a Senior Care Planning Service that assists families who want
to better understand senior care options for themselves or their loved ones. If you have enrolled
in Care.com through your employer's benefits program, please inquire with your benefits department
to determine whether this offering is available to you.
We operate a groups platform on the Site that enables Registered Users to communicate and share
information with other Registered Users who share a common interest or bond, such as the Working Mothers Group.
We offer a mobile application, Karoo, that allows users and their Care Providers to stay connected by
sharing updates, photos, videos and other information. Users may also invite family and friends to participate.
- We may offer a service that facilitates the payment by Care Seekers to Care Providers via credit card.
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 a variety of Services to help our users find, coordinate, and maintain quality care.
However, we do not employ any Care Providers. Except as set forth below, Care Seekers are the
potential employers of Care Providers and are responsible for compliance with all applicable
employment and other laws in connection with any employment relationship they establish (such as
applicable payroll, tax and minimum wage laws). The only exception is when an individual Care
Provider is being provided through a third party service provider we or PIAP contract with, such
as a home care agency that provides personal care services through the HomeBase Service, or a nanny
agency that provides back-up care through our Back-Up Care Service. In those limited circumstances,
unless otherwise provided in the Additional Terms related to those Services, the third party service
provider is the employer of the Care Provider.
Further, we do not have control over the quality, timing, or legality of the services actually
delivered by Care Providers, nor of the integrity, responsibility or actions of Care Seekers or
Care Providers. We do not refer or recommend either Care Seekers or Care Providers nor do we make
any representations about the suitability, reliability, timeliness, and 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.
Through the Care Concierge, HomeBase and Senior Care Planning Services, PIAP or we may provide
families a customized list of potential individuals, companies and/or agencies to consider based
on the information the family provides us regarding their and their loved one's needs and preferences.
In providing these services, neither we, PIAP nor our respective employees are making a referral to,
or endorsing, any individual, company or agency nor are we or PIAP providing any medical, diagnostic,
treatment or clinical service or engaging in any conduct that requires a professional license.
Through the Back-Up Care and HomeBase Services, the third parties we or PIAP contract with to
provide services in support of that Service select the individual Care Providers from their agency
who provide the back-up or senior care service. We and PIAP contract with only reputable agencies
that have entered into an agreement with us pursuant to which they represent that each of their
individual Care Providers has passed a vigorous screening process including background and reference
checks. However, each such agency operates independently of Care.com and is not under our control.
Accordingly, neither we nor PIAP assumes responsibility for the conduct of, or quality of the services
provided by, such agencies or the individual Care Providers they employ or otherwise engage to provide
services in support of the Back-Up Care or HomeBase Services. Any issues concerning the foregoing must
be resolved directly with the agency and/or the individual Care Provider the agency selected to provide
Care Seeker and Care Provider content is primarily user generated, and we do not control or vet user
generated content for accuracy as a general matter. Care.com does not assume any responsibility for
the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off
this Site. We may offer certain Registered Users the opportunity to verify certain information such
as their email address or cell phone number. If we indicate that a Registered User has verified certain
information, 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 as to, the accuracy
of such information.
Care.com is not responsible for the conduct, whether online or offline, of any Care Seeker, Care
Provider or other user of the Site or Services, including without limitation the conduct of PIAP.
Moreover, Care.com does not assume and expressly disclaims any liability that may result from the use
of information provided on our Site. All users, including both Care Seekers and Care Providers,
hereby expressly agree not to hold Care.com (or Care.com's officers, directors, shareholders, employees,
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, hereinafter "Affiliates")
liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any
information, instruction, advice or services which originated through the Site, and, to the maximum extent
permissible under applicable law, 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.
1.3. User Responsibilities
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. Registered Users are solely responsible for
interviewing, 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 PIAP contracts with to provide services in support of the Back-Up Care Service
or the HomeBase Service selects on behalf of the Registered User the specific individual Care Provider
from the agency who will provide back-up or senior care services. In that limited circumstance only,
the agency (as opposed to the Registered User) is responsible for screening the Care Provider it selects
on behalf of the Registered User.
Please visit our Safety Center for recommendations on how to make more informed hiring and employment decisions.
Each Care Seeker is also 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. If you are a Parent Registered User (as defined in
Section 3.3 below), you also agree to assume the responsibilities set forth in Section 3.3 (Teen Providers, Parent
Registered Users, and Parent Monitored Accounts).
Eligibility to Use the Site and Services; Representations and Warranties
To be eligible to use our Services, you must meet the following criteria:
Our Services are available only to individuals who are eighteen (18) years of age or older; provided, however,
that individuals fourteen (14) to seventeen (17) years of age may join Care.com as Care Providers subject to
the terms set forth in Section 3.3 and any applicable Additional Terms. If you do not meet the above age
requirements, do not register to use the Site or Services.
The Site and the Services are currently available only to individuals who are legally in the jurisdiction
of 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 Care.com 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.
Neither you nor any member of your household may have ever been (i) 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,
dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
- You must not be a competitor of Care.com or using our Services for reasons that are in competition with Care.com.
If you are an individual Care Seeker you must not have had fifteen or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services
in the State of California).
- If you provide child care services in the State of Kansas, you must not be a licensed day care provider or provide your services outside the child's home.
2.2. Representations and Warranties
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.
In addition, you represent and warrant that you and each member of your household (i) 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,
dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register,
as a sex offender with any government entity.
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 Care.com's Services, 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"). By transmitting and submitting any
Content while using our Service, you agree, represent and warrant as follows:
- 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.
- All Content you post will be in English as the Site and Services are not currently 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 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, 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, 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 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.
Care.com is not responsible for any claims relating to any inaccurate, untimely or incomplete
information provided by users of the Site.
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.
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.
To the maximum extent permitted by law, 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 or on behalf of them on this site or in any other venue.
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 or individuals for whom you are otherwise the legal guardian. 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. Teen Providers, Parent Registered Users, and Parent Monitored Accounts
If you are fourteen (14) to seventeen (17) years of age and would like to participate in Care.com as a
Care Provider (a "Teen Provider"), you may register to use the Site and Services but only if your parent
or legal guardian consents to your registration through the Care.com site and also becomes a registered user
(a "Parent Registered User"). Parent Registered Users will receive a copy of all communications between the
Teen Provider and other Registered Users as well as a copy of all emails Care.com sends to the Teen Provider.
Parent Registered Users may respond to communications sent by other Registered Users to the Teen Provider and
may report inappropriate message content to Care.com. Parent Registered Users may also log in to, update the
settings of and terminate their Teen Provider's account.
For purposes of these Terms, Parent Registered Users and their Teen Provider are deemed to be Care Providers.
By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept
these Terms and any applicable Additional Terms in their entirety on behalf of yourself and your Teen Provider
whether or not you use the Site or Services, including without limitation Care.com's right to run the verification
and background checks described in Section 4 below. You further understand and agree that you will ensure your
Teen Provider's compliance with these Terms and that you are responsible for any noncompliance by your Teen Provider.
If you are a Parent Registered User, you also agree that you are responsible for monitoring the account of your
Teen Provider as well as your Teen Provider's activities both on and off of the Site, including monitoring who
your Teen Provider communicates with and meets both on and off the Site and with whom he or she agrees to provide
If you register to use the Site as a Teen Provider, the first time you try to log in to your account after you
turn eighteen (18), you will be required to agree to the Terms as in effect at the time, including the consents
to run the verification and background checks described in Section 4 below. Once you accept the terms and log
in, the parent monitoring functionality of your account will be removed and your Parent Registered User will no
longer have access to your account. If you do not agree to the Terms after you turn eighteen (18), Care.com may
terminate your access to all or part of the Care.com Site, remove your profile and/or any Content posted by or
about you from the Site, and/or terminate your registration in Care.com, with or without notice.
3.4. 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 and offensive;
- use the Site or Services for any unlawful purpose, for any purpose not expressly intended by Care.com or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- 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;
- use the communication systems provided by or contacts made on Care.com for any commercial solicitation purposes;
- 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 number of phone numbers a Care Seeker may view or the number of emails a user may send in any 24-hour
period to a number 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, a $10,000 daily penalty 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. This fee 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.
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 the following background check services from consumer reporting agencies: preliminary background checks, preferred and
preferred + background checks and premier background checks (collectively "Background Checks"). Preliminary, preferred and preferred + background
checks must be ordered by Care Providers about themselves either on their own initiative to increase their chances of employment by Care Seekers
or in response to a request by a Care Seeker who is considering hiring them. Premier background checks are ordered by Care Seekers subject to
the written authorization of the Care Provider who is the subject of the check. Preliminary background checks are free when requested by a Care
Seeker or Care Provider who is a paid subscriber. The other Background Check services require payment of a separate fee by the Member who is
initiating the background check request.
Each of these Background Check services are regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting
from these services are considered "consumer reports" under the 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 4.3 below for information
regarding Care.com's use of these Background Checks. If you order a preliminary, preferred or preferred + Background Check about yourself,
you will be emailed a copy of the results if it does not come back clean. You are responsible for making sure that the email addresses you
provide to Care.com is correct, knowing that sensitive information will be sent to it.
If you order a preliminary, preferred or preferred + Background Check in response to a request by a Care Seeker who is considering hiring
you and the check comes back clean or with information that does not result in Care.com suspending or terminating your account, we will
forward the check to the Care Seeker who requested it in accordance with your authorization at the time you ordered the check. The results
of any preliminary, preferred or preferred + Background Check you order that results in Care.com suspending or terminating your account
will not be shared with other users.
If a Care Seeker orders a premier background check pursuant to your written authorization, the consumer reporting agency that performed
the check will provide it directly to the Care Seeker who ordered it based on your authorization that the Care Seeker obtains the check.
The results of a premier background check ordered by a Care Seeker pursuant to your written authorization will be shared directly with the
Care Seeker regardless of its contents.
If you have ordered a Background Check 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 consent.
4.2. Special Responsibilities of Care Seekers under FCRA
Care Seekers may request and receive a copy of a Background Check on a Care Provider, subject to the Care Provider's
explicit instructions about who may have access to such a report.
If you receive a copy of a background report, you warrant that you will use such information only for a purpose
permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations
of the FCRA as well as all other applicable consumer reporting laws.
Your responsibilities in using the information contained the background check can be found at
FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies we use.
If there is negative data in a check you receive, and you choose to take "adverse action" (i.e. choose to pass on
that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps,
which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. 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. Moreover, 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.
4.3 Care.com May Review and Use Background Checks You Order or Authorize About Yourself
By using the Site or Services as a Care Provider, you acknowledge and agree Care.com may review and
use any Background Checks you have ordered or authorized about yourself for the legitimate business
purpose of protecting the safety and integrity of our Site and its users and 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.
4.4 Care.com May Order and Use Background Checks About You
By 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 checks on you for the legitimate business purpose of protecting the
safety and integrity of our Site and its users ("Internal Background Checks"). Care.com may order these checks 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 Internal Background Checks are also regulated by the Fair Credit Reporting Act (the "FCRA"), and the background
reports resulting from these services are considered "consumer reports" under the 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.
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 dismissed. 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 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.
BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW CARE.COM TO PERFORM THESE INTERNAL BACKGROUND
CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU
SHOULD NOT USE CARE.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
4.5. Care.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Care Provider or Care Seeker, 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 2.2 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.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW CARE.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE.
IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARE.COM. NO FURTHER CONSENT
FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
4.6 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
If you decide to use or access information included in a Background Check, you hereby represent, understand and
expressly agree that those checks are not always accurate or complete (or based on information that is accurate or
complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of
Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions
only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal
data base, which is the only data source utilized for preliminary background checks other than the sexual offender
registry. Moreover, some states include only registered sex offenders in that database.
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 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, and you hereby agree to release Care.com from, any loss, liability, damage, or costs that may
result from the use of information provided in a background report including, without limitation, 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.
Termination of Registration
Should Care.com 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, or have mis-used or mis-appropriated
Site content, including but not limited to use on a "mirrored", competitive, or third party site, Care.com reserves the right,
at its sole discretion, to immediately 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 registration in Care.com, with or without notice.
In any event, Care.com also 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 registration in Care.com,
for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the
reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, Care.com reserves the right to send a notice
thereof 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.
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
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.
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 or one-time fee. In addition, the user is responsible for any state or local sales
taxes associated with the Services or product offerings purchased.
8.1 Billing and Payment
If you sign up for a Care.com paid membership subscription, you agree to pay Care.com all subscription charges
associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment
information. You also authorize Care.com to charge your chosen payment provider according to the terms of the plan to
which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the
subscription plan you select. 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 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/products you purchase.
8.2 Automatic Subscription Renewal and Cancellation
Care.com paid membership subscriptions will continue indefinitely until cancelled by the user. After your
initial subscription commitment period, and again after any subsequent subscription period, your subscription
will automatically renew for an additional equivalent period as the subscription term you originally selected
and 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 sign up for a payment plan 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 its
originally scheduled expiration date.
You may cancel your paid membership subscription by adjusting your account settings.
If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term.
Your subscription will not be renewed after your then-current term expires, but your credit card 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 Refund Policy
Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for
unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a
paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if (i)
you cancel your subscription within thirty (30) days after the most recent charge, and (ii) you have not used your subscription
during the current renewal period. The refund will apply to the most recent charge only. In addition, Care.com reserves the
right to immediately downgrade or cancel your membership after payment of your refund. Care.com does not provide refunds or
credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due
to extenuating circumstances, such as a duplicate account.
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, after 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 provided to him or her when he or she originally subscribed.
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 cancel their subscription 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.
Release of Liability for Conduct and Disputes
We are not an employer of Care Providers. Care Seekers may seek the services of a Care Provider through the use of the Site or
Services, and Care Providers may post profiles and submit proposals to Care Seekers regarding their services. In some instances,
such as through the Care Concierge, HomeBase and Senior Care Planning Services, we or PIAP may provide Care Seekers a customized
list of potential individuals, companies and/or agencies to consider based on the information the Care Seeker provides us regarding
their and their loved one's needs and preferences. However, if a Care Seeker agrees on the provision of services from an individual,
company or agency we or PIAP identifies through any of those Services, such agreement is solely between the Care Seeker and the
Care Provider; neither Care.com nor PIAP is a party to any such agreement. In some instances, such as through the Back-up Care
Service and sometimes through the HomeBase Service, the third parties we or PIAP contract with to provide services in support of
that Service select the individual Care Providers from their agency who provide the back-up or senior care service. We and PIAP
contract with only reputable agencies that have entered into an agreement with us pursuant to which they represent that each of their
individual Care Providers has passed a vigorous screening process including background and reference checks. However, each such agency
operates independently of Care.com and is not under our control. Any issues concerning the conduct of a Care Seeker or Care Provider
including, without limitation, 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 or our Services, 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 Care Seeker, Care Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Care
Seekers, Care Providers or other users of the Site or the Services, particularly if you decide to meet offline. In addition, you agree to
visit the Care.com Safety Center prior to using the Service. By using the Site or the Services, 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.
Except with respect to Teen Providers (as described in Section 3.3), Care.com is intended for people 18 or over.
Care Seekers and Care Providers should monitor children's use of the Internet and deny access to the Site to anyone under
the age of 18. Care.com will not knowingly collect any information from individuals under 13. You must identify your age
during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when
using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration
will be terminated immediately.
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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 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.
11.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any
online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including
but not limited to following the recommendations set forth in Care.com's Safety Center, when interacting with other site visitors or Registered Users.
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 OR ITS EQUIVALENT.
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, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR
ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, 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.
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, or
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.
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:
- 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.
- 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.
- Your name, address, telephone number and (if available) e-mail address.
- 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.
- 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.
- 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:
201 Jones Road, Suite 500
Waltham, MA 02451 USA
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.
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 below, you agree that any and all disputes or claims 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 ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARE.COM AGREE OTHERWISE,
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS 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.
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 via email at firstname.lastname@example.org or at Care.com, Inc., Attn: Legal Department, 201 Jones Road, Suite 500, Waltham, MA 02451.
13.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and
procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by
this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules
and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is
any inconsistency between the AAA 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 complete a short form, submit it to the AAA, and send a copy to Care.com at Care.com, Inc.,
Attn: Legal Department, 201 Jones Road, Suite 500, Waltham, MA 02451. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase.
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 will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts,
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 AAA's 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 AAA's rules.
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.
If a court decides that any term or provision of this Arbitration Agreement 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 this Arbitration Agreement shall be enforceable as so
modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration
Agreement shall be null and void. The remainder of the Terms will continue to apply.
13.8 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 accept these Terms for the first time or August 20,2013, whichever is later. 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 August 20, 2013. You must mail the Opt-Out Notice to Care.com, Inc., Attn: Legal Department,
201 Jones Road, Suite 500, Waltham MA 02451. 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, 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.
13.9 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, that change 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.
Governing Law and Jurisdiction
These Terms, and any dispute between you and Care.com, shall be governed by the laws of the Commonwealth of Massachusetts without regard
to 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 13 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 Commonwealth of Massachusetts. You and Care.com
agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all
such claims or disputes.
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. In the event a term
or provision is determined to be 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. 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.
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:
201 Jones Road, Suite 500
Waltham, MA 02451 USA
(EFFECTIVE UNTIL AUGUST 20, 2013 FOR USERS WHO JOINED CARE.COM PRIOR TO JUNE 14, 2013)