Terms of Service

Acceptance of Terms

The following terms and conditions, INCLUDING THE BINDING ARBITRATION PROVISION, ACKNOWLEDGEMENT OF RISK, LIMITATION OF LIABILITY, USE OF PHOTOS AND MEDICAL RELEASE, (the “TOS”) govern all use of the care.com website and all digital content and services available at or through that website and any related mobile applications (taken together, the “Service”). The Service is owned and operated by Care.com Inc. (“we”, “us” or “Care.com”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Care.com’s Privacy Policy) and procedures that may be published from time to time on the Service by Care.com.

Please read this TOS carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by this TOS. If you do not agree to all the terms and conditions of this TOS, then you may not access the Service or use any services. If this TOS is considered an offer by Care.com, acceptance is expressly limited to these terms. While events, camps, classes, sports, child care, and other activities, and related products and services, offered through the Service (“Activities”) may be intended for children, use of the website and related mobile applications comprising the Service is available only to individuals who are at least eighteen (18) years old.

If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service.

Your Account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Care.com of any unauthorized uses of your account or any other breaches of security. Care.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Making Purchases

1. Certain Activities are offered for purchase through the Service (each a “Paid Activity”). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment method) at the price(s) in effect for that Paid Activity when such charges are incurred. and to provide accurate information regarding your credit card or other payment method. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses. You grant Care.com the right to provide any information you submit to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of a transaction.
2. You will be responsible for paying any applicable taxes arising from the purchase of Paid Activities. You will promptly update your account information with any changes in your payment information. You agree to pay for each Paid Activity in accordance with the terms set forth in the Service policies and this TOS, and you authorize billing of your payment instrument in accordance with such terms.
3. The Service may allow you to purchase access to Activities or other services on a subscription basis (“Paid Memberships”). Paid Memberships automatically renew until you cancel it in your account settings, or until cancelled by the Provider offering that Paid Membership. You’ll be charged around the start of the each Paid Membership period, which shall be the first of each month, unless otherwise indicated by the applicable Provider. Certain Paid Memberships may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Membership before we start charging your payment method, cancel the membership before the free trial ends. Paid Memberships are also subject to any other terms and conditions that are included on or linked to the screen where that membership is available for purchase within the Service.
4. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Activity registration may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Service.

Activity Providers

1. Activities are not provided by Care.com, but by third party corporations, individuals or other public or private legal entities (a “Provider”).
2. All matters concerning Activities (or any other products or services) desired from a Provider, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and such Provider. Care.com makes no warranties or representations whatsoever with regard to anything provided by Providers. You will not consider Care.com, nor will Care.com be construed as, a party to such transactions, whether or not Care.com may have received some form of revenue or other remuneration in connection with the transaction.
3. You agree that Care.com will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Provider. Care.com does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
4. It is the responsibility of the Provider to communicate its refund policy to you and to issue refunds to you via the Service or otherwise. You understand and agree that Providers reserve the right to cancel Activities for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, or for any reason that would affect the quality, safety or security of the Activity or its participants. In the event of such cancellation, there will be no refund of your payment unless authorized by the Provider. If you want to request a refund, you must request the refund directly from the Provider. To the extent that an Activity is cancelled or does not meet your expectations for any reason, you must contact the Provider and your sole and exclusive remedy with respect to the Activity is with the Provider and not with Care.com. All communications or disputes regarding refunds are between the Provider and you. Care.com will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with an Activity. In addition, Care.com is not responsible for the truth or accuracy of any listings by Providers or the ability of any Provider to perform, hold an Activity, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Providers and/or third parties in connection with the Service to us, and we, in our sole discretion, may investigate the claim and take action.

The following subsections only apply to you if you are a Provider:

1. As a Provider, you are responsible for backing up any data accessed by you through the Service, including without limitation, personal information that may be provided by a person or entity through the Service in connection with your Activities. You acknowledge that Care.com may delete such data in the event that the Care.com account of such person or entity is terminated for any reason, or in the event such person or entity requests deletion of the data. Accordingly, you acknowledge that Care.com shall not be responsible for your failure to adequately back-up any data, and shall not be liable to you for any deletion of data in accordance with this paragraph.
2. As between Care.com and you (as a Provider), you will be responsible for the payment of any taxes arising from the sale of Paid Activities.
3. You will not receive payment for reservations for Paid Activities that are properly cancelled by the customer in accordance with the applicable cancellation policy (if any).
4. Subject to Care.com payment processor successfully processing payment and receiving funds from the applicable Paid Activity customer (via credit card, bank account or other payment instrument), you will receive an amount equal to the price of the Paid Activity, less any applicable credits, discounts or other promotions, and less Care.com’s applicable commission and any payment processing and other per transaction fees (“Transaction Fees”). In certain situations, Care.com may also charge other fees with respect to the Service, such as setup or implementation fees, monthly or annual fees, or per-user or per-location fees (“Usage-Based Fees”). Care.com will disclose such applicable Transaction Fees and/or Usage-Based Fees (collectively, “Provider Fees”) to you via the Service or via email, and you agree to pay such fees to Care.com. Care.com may change any of your Provider Fees at any time with at least 30 days notice to you (notice provided to you via email or via the Service).
5. To the extent any Provider Fees are not automatically transferred to Care.com at the time of transaction, Care.com will invoice you for such fees and you agree to pay them within seven (7) days from receipt of invoice. If you are paid for any Activity for which you are not entitled to receive payment hereunder, you will refund that amount to Care.com within seven (7) days of Care.com’s request.
6. Care.com may set off amounts due Care.com against any payment owed to you. Also, upon request, you will send Care.com proof of any licenses, permits or other authorizations relating to Activities offered via the Services.
7. We offer through Stripe, Inc., ("Stripe"), a third party, a service that facilitates the payment of Providers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to the TOS, Providers that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Care.com enabling payment processing services through Stripe, you agree to provide Care.com accurate and complete information about you, and you authorize Care.com to share it and transaction information related to your use of the payment processing services provided by Stripe. Without limiting the foregoing, if you are a Provider receiving payments through the Stripe services, you hereby authorize Care.com to use information provided by you to do the following: (i) create, update, and/or delete your Stripe account that is connected to Care.com’s platform (a “Connected Account”), (ii) link a bank or debit card to your Connected Account, (iii) execute transfers of funds to your Connected Account, (iv) execute a payout from your Connected Account to your bank or debit card, (v) reverse a payout and transfer from a Connected Account, in the case of a refund or reversal due to fraud or other reasons, and (vi) address customer service issues and complaints associated with your Connected Account. In addition, if you have a Connected Account, you authorize Care.com to receive from Stripe certain tax notices, forms, or invoices on your behalf which will be made available to you through Stripe’s platform. Please note that as between Care.com and you, Care.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.

Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including images, text, and other information, made available through the websites and webpages to which the Service links, and that link to the Service. Care.com does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-Care.com website or webpage, Care.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. Care.com disclaims any responsibility for any harm resulting from your use of non-Care.com websites and webpages.

Intellectual Property

This TOS does not transfer from Care.com to you any intellectual property relating to the Service, and all right, title and interest in and to such property will remain (as between the parties) solely with Care.com. Care.com, the Care.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Care.com, Providers or other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Care.com or third-party trademarks.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on the Service, sending you an email, or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new TOS will take effect. If you disagree with our changes, then you should stop using the Service within the designated notice period. Your continued use of the Service will be subject to the new TOS. However, unless otherwise specified in the new TOS, any dispute that arose before the changes shall be governed by the TOS (including the binding individual arbitration clause) that was in place when the dispute arose.

Responsibility of Contributors

If you post or upload text, images, video, audio or other material to the Service or otherwise make (or allow any third party to make) information available by means of the Service (any such material or information, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content.

By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if a third party has rights to intellectual property relating to such Content, you have received the necessary waivers or permission to make available the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content is accurate and truthful, is not misleading, and does not contain or transmit harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or products, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
• the Content is not pornographic or obscene, does not contain threats or incite violence, does not violate the privacy or publicity rights of any third party, and does not violate any applicable laws.

By submitting Content to Care.com for inclusion on the Service, you grant Care.com a worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, display, prepare derivative works of, modify, and otherwise use the Content for the purpose of providing and promoting the Service and your Content. If you delete Content, Care.com will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. For clarification, if you are a Provider, you agree that Content that is customer information (such as name, email, ZIP, child info, etc.) may be retained and used by Care.com indefinitely consistent with applicable laws, unless or until the applicable customer unsubscribes from certain communications or requests its deletion.

Care.com has the right (though not the obligation) to, in Care.com’s sole discretion (i) refuse or remove any Content that violates any Care.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Care.com’s sole discretion.

Certain Promotional Terms

1. From time to time, Care.com or its Providers may offer promotions (“Promos”), including where you must redeem a promotional code as part of the offer. These are limited time offers, and Care.com reserves the right to modify or cancel any Promo at any time, with or without notice. Promos are good while supplies last and may be limited by customer type (e.g., only new customers), Activity type, a total number of redemptions or uses or an expiration date. Promos are limited to one per person and account and may not be combined with other offers unless allowed by Care.com in its sole discretion. Each Promo code applies only to qualifying items. For example, a Promo offered by a specific Provider will only be valid on Activities offered by such Provider. Also, Promos that a user shares via Facebook, Twitter, text, email or otherwise may only be used once by each recipient and will only be valid for those recipients who were not already Service users.
2. Promos are non-transferrable and may not be resold. If any of the Activities related to a Promo are canceled, your refund will equal the amount you paid for it, subject to applicable refund policies. If Care.com determines you have violated this TOS (including any of the Promo terms) or are attempting to do so or to circumvent any limitations herein, your Promos will be invalid.

Termination

Care.com may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. However, if you are a Provider and you have not breached this TOS in any way, Care.com will use reasonable efforts to give you at least thirty (30) days prior written notice of any termination, which shall be sent via email to the address associated with your Care.com account owner or administrator.

If you wish to terminate this TOS or your account (if you have one), you may simply discontinue using the Service and send an email to . All provisions of this TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service and all Activities are provided “as is”. Care.com hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Care.com nor its suppliers makes any warranty to you that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content and services, including Activities, through the Service at your own discretion and risk.

You acknowledge that Activities are not provided by Care.com but by the applicable Provider (which may be a private or public entity). Care.com shall not have any liability with respect to anything that occurs at or around an Activity, nor for any cancellation of, insufficiency in, or other problem in connection with any Activity. With respect to any Activity you may attend or otherwise participate in, you agree that Care.com’s suppliers (which includes the Provider(s) of such Activity and their agents and representatives) hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation of Liability

In no event will Care.com or its suppliers be liable to you (including your customers, affiliates, successors, or heirs) with respect to any subject matter of this TOS under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the Care.com Fees retained by Care.com from your purchase (or, if you are a Provider, your provision) of Paid Activities under this TOS during the six (6) month period prior to the cause of action or, if no fees were so retained, one hundred dollars ($100). Neither Care.com nor its suppliers shall have any liability to you for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent such limitations are prohibited by applicable law.

Acknowledgement of Risk

You accept there are potential risks and dangers inherently associated with the Activities, including but not limited to: risk of falling, colliding with objects or other children, use of tools, chemicals such as those in paints, hot glue guns, materials that may be harmful if swallowed, and more. You accept full responsibility for any losses or damages to yourself or your child(ren), however caused or alleged to be caused.

Medical Authorization

In the unlikely event that you are unavailable or absent in an emergency situation in connection with an Activity that affects your minor child, you authorize the Provider(s) of such Activity to secure for your child(ren) the services of emergency transportation, a physician, and/or a hospital, such as in the event of accident or illness. You will be responsible for payment of all such services, including all medical treatment. You authorize personal information needed for the treatment of your child(ren) to be released to medical/hospital personnel. These authorizations are and will remain in effect during any and all hours your child is participating in Activities, including a reasonable time before and after, regardless of the location.

Use of Photos

From time to time, Care.com or Providers may photograph you or your child(ren) participating in an Activity. If you don’t want you or your child(ren) to appear in public photos, instructional materials, on the Service or in other promotional or marketing materials, please contact us at to opt out. If you do not opt out, you agree that any such photos are property of Care.com or the Provider who took the photograph(s), as applicable, and may reasonably be used to market or otherwise promote its business.

Representations and Warranties

You represent and warrant that your use of the Service (and, if you are a Provider, your provision of the Activities) will be in strict accordance with the Care.com Privacy Policy, with this TOS and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area. If you are a Provider, this means you’ll comply with all laws and regulations regarding the provision of childcare and other services for children and families, the operation of any facility used in connection with the Activities, and the collection and processing of personal information. If you are a Provider, you also represent and warrant that you will comply with industry best practices in connection with the Activities to create a safe, high-quality experience for children, including by obtaining reasonable insurance coverage for harm to Activity participants.

Indemnification

You agree to indemnify and hold harmless Care.com and its suppliers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of (i) your use of the Service, (ii) your violation of this TOS or (iii) your or your child(ren)'s presence at or about Care.com’s or its suppliers’ premises or in any way observing or using any facilities or equipment of Care.com or its suppliers, either during or outside assigned business hours, whether caused by the negligence of Care.com or its suppliers, or otherwise. For the purposes of this TOS, “your child(ren)” also includes any children for whom you reserve an Activity or are responsible (e.g., your grandchild, niece or nephew, a child you babysit, etc.).

Dispute Resolution and Arbitration

Except for claims solely for injunctive or equitable relief (which may be brought in any competent court without the posting of a bond), any dispute arising under this TOS shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California in the English language and the arbitral decision may be enforced in any court. If you are not a Provider, you have the right to opt-out and not be bound by the binding arbitration requirement by sending written notice of your decision to opt-out to the email address . The notice must be sent within the later of May 4, 2016 or 30 days after your first use of the Services, whichever is later. If you opt-out of the binding arbitration requirement, Care.com also will not be bound by the requirement. Providers may not opt-out of the binding arbitration requirements.

Miscellaneous

This TOS constitutes the entire agreement between Care.com and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Care.com, or by the posting by Care.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this TOS and any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. Subject to the arbitration provisions in this TOS, the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. The prevailing party in any action or proceeding to enforce this TOS shall be entitled to costs and attorney's’ fees. If any part of this TOS is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this TOS to any party that consents to, and agrees to be bound by, its terms and conditions; Care.com may assign its rights under this TOS without condition. This TOS will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last updated:

May 21, 2018

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