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By using the Application or the Service, you consent that:
The terms and conditions stated here (collectively, the “Agreement“) constitute a legal agreement between you and COMPANY NAME, LLC an NY limited liability company (the “Company“). In order to use the Service (defined below) and the associated Application (defined below) you must consent to the terms and conditions of the Agreement that are set forth herein. By signing below or by using or receiving any services supplied to you by the Company (collectively, the “Service“), or downloading, installing or using any associated website or application provided by the Company which purpose is to enable you to use the Service (collectively, the “Application“), you hereby explicitly acknowledge and agree to be bound by the Agreement, including its terms and conditions, and any future amendments and additions to this Agreement as published now and then at or through the Service.
The Company reserves the right to alter the terms and conditions of this Agreement or its policies concerning the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are accountable for consistently reviewing this Agreement. Continued use of the Service or Application after any such modifications shall constitute your acceptance to such changes.
THE COMPANY DOES NOT PROVIDE CHILD CARE SERVICES, AND THE COMPANY IS NOT A CHILD CARE PROVIDER. IT IS UP TO THE INDEPENDENT CONTRACTOR/THIRD PARTY PROVIDER TO OFFER SERVICES WHICH MAY INCLUDE CHILD CARE AND MAY BE SCHEDULED THROUGH USE OF THE NETWORK, APPLICATION, OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH INDEPENDENT CONTRACTOR/THIRD PARTY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE CHILD CARE SERVICES OR ACT IN ANY WAY AS A CHILD CARE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CHILD CARE SERVICES OR OTHER SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Definitions
"Agreement” means this legal, binding Agreement of Terms and Conditions.
“Application” means the any associated website or application supplied by the Company
which purpose is to enable you to use the Service.
“Collective Content” means, collectively, Company Content and User Content.
“Company” means Busy Bees, LLC, an Arizona limited liability company.
“Company Content” means Content that the Company makes available through the
Service or Application, including any Content licensed from a third party, but excluding
User Content.
“Content” means text, graphics, images, music, software (excluding the Application),
audio, video, information or other materials.
“Family” means a User that is seeking connection with a Sitter via the Network.
“Network” means the exclusive network of registered contact information of Families
and Sitters owned by the Company for the purpose of the Company’s Service and
Application.
“Service” means any services supplied by the Company. Service specifically includes,
but is not limited to, providing an exclusive network for connecting Families with Sitters
who will provide child care or virtual guidance through online educational and
entertainment materials to Families.
“Sitter” means a User that is an independent contractor/third party to the Company that
is seeking a connection with Families via the Network. Sitters are not employees or
agents of the Company, and are not authorized to act on behalf of the Company or bind
the Company in any way.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or
transmits to be made available through the Service or Application.
Exclusivity of the Network
You hereby explicitly acknowledge that the Network is the exclusive property of the Company and accept that any and all contact with Users, especially including Sitters, must be through the Network. Any contact with Users outside of the Network, or that otherwise bypasses the Network, for the purpose of acquiring Service, specifically including, but not limited to obtaining child care, is a breach of this Agreement.
Payment Terms
Any fees that the Company may charge you for the Application or Service are due promptly and are nonrefundable. This no refund policy shall apply at all times regardless of your decision to discontinue your usage, the Company’s decision to discontinue your usage, disturbance caused to the Application or Service either planned, unintentional, or intentional, or any reason whatsoever. The Company reserves the right to decide final prevailing pricing.
The Company, at its sole discretion, may extend promotional offers with various features and various rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer. The Company may change the fees for the Service or Application, as it deems necessary for business. The Company encourages you to check the app regularly for up-to-date fee information.
Cancellation Policy:
All cancelations must be given 24 hours in advance, otherwise you will be charged with a fee stipulated by the company.
Representations and Warranties
By signing below or by using the Application or Service, you explicitly represent and
warrant that you are legally authorized to enter this Agreement. “Use” comprises
downloading or otherwise accessing the Application, and providing the Company with
personal information.
By using the Application or the Service, you indicate and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide by the terms and
conditions of this Agreement. Your involvement in using the Service and/or Application
is for your sole, personal use. You may not allow others to use your user status, and
you may not assign or otherwise switch over your user account to any other person or
entity. When using the Application or Service you concur to comply with all relevant
Federal, State, and local laws, ordinances, and regulations.
You may only access the Service and Network using authorized means. It is your
obligation to check to make sure you download the correct Application for your device.
The Company is not responsible if you do not have a compatible device or if you have
downloaded the incorrect version of the Application for your device. The Company
reserves the right to discontinue this Agreement should you use the Service or
Application with an incompatible or unauthorized device with or without notice.
Termination Rights:
f we see you are not following our guidelines we may remove your account from our application and service for whatever reason we see fit
Background checks:
We do background checks on all our sitters before joining our program but we are not liable if anything happens
License Grant, Restrictions and Intellectual Property Policy
Licenses Granted by the Company
Subject to your consent with the terms and conditions of this Agreement, the Company grants you a limited, inclusive, non transferable license:
(i) to view, download, and print any Company Content only for your personal and noncommercial purposes; and
(ii) to view any User Content to which you are authorized access only for your personal and noncommercial purposes.
You have no right to sublicense the license rights granted in this segment. You will not use, imitate, adapt, change, prepare spin-off works based upon, spread, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service, Application, or Collective Content, except as explicitly allowed in this Agreement.
No licenses or rights are given to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, besides for the licenses and rights explicitly granted in this Agreement. You will not change or make derivative works based upon the Service or the Application; create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internetbased device; reverse engineer or access the Application in order to (a) create a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) imitate any ideas, features, functions or graphics of the Service or Application. You will not initiate an automated program or script, containing, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make various server requests per second, or excessive burdens or hinders the operation and/or performance of the Service or Application.
Third Party Interactions
During use of the Application and Service, you may enter into correspondence with, buy goods and/or services from, or take part in promotions of third party service providers, advertisers, or sponsors displaying their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties, or depictions associated with such activity, is solely amongst you and the relevant third party. The Company and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion amongst you and any such third party. The Company does not validate any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services, or other materials on or accessible from such sites or third party providers. The Company offers the Application and Service to you pursuant to the terms and conditions of this Agreement. You acknowledge, however, that certain third party providers of goods and/or services may need your agreement to additional or other terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements amongst you and the third party providers.
The Company may depend on third party advertising and marketing supplied via the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you concur to receive such advertising and marketing. If you do not wish to receive advertisements, you should let us know in writing. The Company reserves the right to charge you a higher fee for the Service or Application should you decide not to receive these advertising services. The Company may collect and give out information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You accept that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
Internet Delays
The Company’s Service and Application may be subject to restrictions, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not accountable for any delays, delivery failures, or other damage caused from such problems.
Application License
Subject to your consent with this Agreement, the Company gives you a limited inclusive, nontransferable license to download and install a copy of the Application on a mobile device or computer that you own or manage and to run such copy of the Application solely for your own individual use. The Company reserves all rights in and to the Application not explicitly granted to you under this Agreement.
Accessing and Downloading the Application
You consent to adhere to any and all usage rules or terms of service relevant to an application source used to access and/or download the Application, i.e. App Store (“Application Source”). You acknowledge and consent that this Agreement is amongst you and the Company only, not any Application Source provider.
License Granted by User
The Company may, in its sole discretion, allow Users to post, upload, publish, submit, or transmit User Content. By making accessible any User Content on or through the Service or Application, you hereby give to the Company a worldwide, irrevocable, perpetual, inclusive, transferable, royalty-free license, with the right to sublicense, to use, view, imitate, adapt, change, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content only on, through or by means of the Service or Application. The Company does not claim any ownership entitlement in any User Content and nothing in this Agreement will be deemed to limit any rights that you may have to use and exploit any User Content.
You acknowledge and consent that you are solely responsible for all User Content that you make available through the Service or Application. As a result, you represent and warrant that:
(i) you either are the sole and exclusive owner of all User Content that you make accessible through the Service or Application or you have all rights, licenses, agreements, and releases that are required to grant to the Company and to the rights in such User Content, as considered under this Agreement; and
(ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or the Company’s function of the User Content (or any portion thereof) on, through, or by means of the Service or Application will breach, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or any other intellectual property rights, or rights of publicity or privacy, or lead to in the violation of any applicable Federal or State law or regulation.
(iii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or the Company’s function of the User Content (or any portion thereof) on, through, or by means of the Service or Application will slander or malign the Company.
Restrictions
You shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of relevant laws;
(ii) send or store violating, indecent, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that otherwise violates third party privacy rights;
(iii) send or store material containing software viruses, worms, Trojan horses, or other destructive computer code, files, scripts, agents, or programs;
(iv) interfere with or disturb the integrity or performance of the Application or Service or the data stored therein; or
(v) seek to gain unauthorized access to the Application or Service or its associated systems or networks.
The Company will have the right to investigate and prosecute infringements of any of the above to the maximum extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who breach this Agreement. You agree that the Company has no responsibility to monitor your access to or use of the Service, Application, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to guarantee your compliance with this Agreement, or to comply with relevant Federal, State, and local laws, ordinances, and regulations, or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the Company, specifically including the Application, for any reason at its sole discretion
Intellectual Property Policy
The Company alone (and its licensors, where relevant) shall own all right, title, and interest, including all applicable intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not give over to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names linked with the Application and Service are trademarks of the Company or third parties, and no right or license is given to use them.
The Company respects intellectual property law and requires its Users to do the same. It is the Company’s policy to terminate Users or other account holders who infringe, or are believed to be frequently infringing, the rights of intellectual property right holders.
Waiver, Release, and Indemnification
By entering into this Agreement and using the Application or Service, you consent that you shall waive, release, uphold, indemnify, and hold harmless the Company, its members and manager, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (as well as attorneys’ fees and costs) resulting from or in any way related to the Service and Application, or services provided to you by Sitters, specifically including liability, claims, damages or injury related in any way to (1) COVID-19 and any other transmittable or infectious disease; (2) the access to, or administration of, medication (over-the-counter and prescription drugs), including allergic or unforseen reactions and overdose; (3) transportation, as well as installation of child safety seats and collisions or acts by riders, other drivers, or objects; (4) violation or breach of any term of this Agreement or any relevant Federal, State, or local law, regulation, or ordinance; (5) breach of any rights of any third party; and (6) use or misuse of the Application or Service.
Limitation of Liability
THE COMPANY MAY INTRODUCE YOU TO INDEPENDENT CONTRACTOR/THIRD
PARTY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING CHILD CARE
AND OTHER SERVICES. THE COMPANY WILL NOT EVALUATE THE SUITABILITY,
LEGALITY, OR ABILITY OF ANY INDEPENDENT CONTRACTOR/THIRD PARTY
SERVICE PROVIDERS AND YOU EXPLICITLY WAIVE AND RELEASE THE
COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS, OR DAMAGES ARISING
FROM OR IN ANY WAY ASSOCIATED TO THE INDEPENDENT
CONTRACTOR/THIRD PARTY SERVICE PROVIDER, INCLUDING, BUT NOT
LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR THEFT. YOU
ACKNOWLEDGE THAT INDEPENDENT CONTRACTOR/THIRD PARTY SERVICE
PROVIDERS PROVIDING CHILD CARE SERVICES REQUESTED THROUGH THE
COMPANY MAY NOT BE PROFESSIONALLY TRAINED, LICENSED, OR
OTHERWISE PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES
OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY INDEPENDENT
CONTRACTOR/THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE
DECISIONS YOU MAKE RESPECTING SERVICES OFFERED VIA THE
APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH
YOU. THE COMPANY WILL NOT EVALUATE THE SUITABILITY, LEGALITY, OR
ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND
RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF
ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR
SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO
YOU BY THE APPLICATION OR SERVICE. YOU EXPLICITLY WAIVE AND RELEASE
ANY AND ALL RIGHTS AND BENEFITS UNDER ANY LAW WHICH READS AS
FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE SERVICES SCHEDULED THROUGH THE USE OF THE
SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE
INDEPENDENT CONTRACTOR/THIRD PARTY PROVIDER WHO ULTIMATELY
PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT
BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO
SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL,
UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE
APPLICATION AND THE SERVICE AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO
ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER
ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT
BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY
YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION,
INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE
OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS,
ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY
SERVICE PROVIDER, ADVERTISER, OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR
APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA; (2) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (5) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED; OR (6) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES, PRODUCTS, OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND CONSENT THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By using the Application or the Service, you consent that:
This Terms and Conditions and Independent Contractor Agreement (the “Agreement“) constitutes a legally binding agreement between you and COMPANY NAME limited liability company (the “Company“). In order to use the Service (defined below) and the associated Application (defined below) you must consent to the terms and conditions of the Agreement that are set forth herein. By signing below, or by using or receiving any services supplied to you by the Company (collectively, the “Service“), or downloading, installing or using any associated website or application provided by the Company which purpose is to enable you to use the Service (collectively, the “Application“) in your capacity as an independent contractor, you hereby explicitly acknowledge and consent to be bound by the Agreement, including its terms and conditions, and any future amendments and additions to this Agreement as published from time to time through the Service.
The Company reserves the right to alter the terms and conditions of this Agreement or its policies concerning the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are accountable for consistently reviewing this Agreement. Continued use of the Service or Application after any such modifications shall constitute your consent to such changes.
THE COMPANY DOES NOT PROVIDE CHILD CARE SERVICES, AND THE COMPANY IS NOT A CHILD CARE PROVIDER. IT IS UP TO YOU, THE INDEPENDENT CONTRACTOR, TO OFFER SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE NETWORK, APPLICATION, OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN CONTACT WITH THIRD PARTY FAMILIES INTERESTED IN PROCURING YOUR SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE CHILD CARE SERVICES OR ACT IN ANY WAY AS A CHILD CARE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CHILD CARE SERVICES OR OTHER SERVICES PROVIDED TO BY YOU TO SUCH THIRD PARTY FAMILIES.
YOU AGREE THAT THE REPRESENTATIONS IN THE DECLARATION OF INDEPENDENT BUSINESS STATUS ATTACHED HERETO AS EXHIBIT A ARE TRUE AND ACCURATE.
Definitions
“Agreement” means this legal, binding Terms and Conditions and Independent
Contractor Agreement.
“Application” means any associated website or application supplied by the Company
which purpose is to enable you to use the Service.
“Collective Content” means, collectively, Company Content and User Content.
“Company” means COMPANY NAME, LLC, an NY limited liability company.
“Company Content” means Content that the Company makes available through the
Service or Application, including any Content licensed from a third party, but excluding
User Content.
“Content” means text, graphics, images, music, software (excluding the Application),
audio, video, information or other materials.
“Family” means a User that is seeking connection with a Sitter via the Network.
“Network” means the exclusive network of registered contact information of Families
and Sitters owned by the Company for the purpose of the Company’s Service and
Application.
“Service” means any services supplied by the Company. Service specifically includes,
but is not limited to, providing an exclusive network for connecting Families with Sitters
who will provide child care or virtual guidance through online educational and
entertainment materials to Families.
“Sitter” means a User that is an independent contractor to the Company that is seeking
connection with Families via the Network. Sitters are not employees or agents of the
Company, and are not authorized to act on behalf of the Company or bind the Company
in any way.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or
transmits to be made available through the Service or Application.
Exclusivity of the Network
You hereby explicitly acknowledge that the Network is the exclusive property of the Company and accept that any and all contact with Users, especially including Families, must be through the Network. Any contact with Users outside of the Network, or that otherwise bypasses the Network, for the purpose of acquiring Service, specifically including, but not limited to obtaining child care, is a breach of this Agreement.
Payment Terms
Any fees that the Company may charge you for the Application or Service are due promptly and are nonrefundable. This no refund policy shall apply at all times regardless of your decision to discontinue your usage, the Company’s decision to discontinue your usage, disturbance caused to the Application or Service either planned, unintentional, or intentional, or any reason whatsoever. The Company reserves the right to decide final prevailing pricing.
The Company, at its sole discretion, may extend promotional offers with various features and various rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer. The Company may change the fees for the Service or Application, as it deems necessary for business. The Company encourages you to check the app regularly for up-to-date fee information.
Cancellation Policy:
All cancelations must be given 24 hours in advance, otherwise you will be charged with a fee stipulated by the company.
Representations and Warranties
By signing below or by using the Application or Service, you explicitly represent and
warrant that you are legally authorized to enter this Agreement. “Use” comprises
downloading or otherwise accessing the Application, and providing the Company with
personal information.
By using the Application or the Service, you indicate and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide by the terms and
conditions of this Agreement. If you are under the age of 18 years old, your parent or
legal guardian has signed below to confirm their agreement in all respects to this
Agreement. Your involvement in using the Service and/or Application is for your sole,
personal use. You may not allow others to use your user status, and you may not
assign or otherwise switch over your user account to any other person or entity. When
using the Application or Service you concur to comply with all relevant Federal, State,
and local laws, ordinances, and regulations.
You may only access the Service or Network using authorized means. It is your
obligation to check to make sure you download the correct Application for your device.
The Company is not responsible if you do not have a compatible device or if you have
downloaded the incorrect version of the Application for your device. The Company
reserves the right to discontinue this Agreement should you use the Service or
Application with an incompatible or unauthorized device with or without notice.
Termination Rights:
If we see you are not following our guidelines we may remove your account from our application and service for whatever reason we see fit
Independent Contractor Status:
You understand that this Agreement creates an independent contractor status between you and the Company. All of the terms and conditions of this Agreement shall be interpreted in light of that relationship. There is no intention to create by this Agreement an employer-employee relationship. You may not talk or act on behalf of the Company. The Company is not responsible to withholding taxes with respect to your compensation, if any, and you shall have no claim against the Company for any employee benefits of any kind, including, but not limited to workers’ compensation, insurance, or disability. Further, you consent and acknowledge that you are not an agent of the Company.
You further consent that:
License Grant, Restrictions and Intellectual Property Policy
Licenses Granted by the Company
Subject to your consent with the terms and conditions of this Agreement, the Company grants you a limited, inclusive, nontransferable license:
(i) to view, download, and print any Company Content only for your personal and noncommercial purposes; and
(ii) to view any User Content to which you are authorized access only for your personal and noncommercial purposes.
You have no right to sublicense the license rights granted in this segment. You will not use, imitate, adapt, change, prepare spin-off works based upon, spread, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service, Application, or Collective Content, except as explicitly allowed in this Agreement.
No licenses or rights are given to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, besides for the licenses and rights explicitly granted in this Agreement. You will not change or make derivative works based upon the Service or the Application; create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internetbased device; reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) imitate any ideas, features, functions or graphics of the Service or Application. You will not initiate an automated program or script, containing, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make various server requests per second, or excessive burdens or hinders the operation and/or performance of the Application
Third Party Interactions
During use of the Application and Service, you may enter into correspondence with, buy goods and/or services from, or take part in promotions of third party service providers, advertisers, or sponsors displaying their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties, or depictions associated with such activity, is solely amongst you and the relevant third party. The Company and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion amongst you and any such third party. The Company does not validate any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services, or other materials on or accessible from such sites or third party providers. The Company offers the Application and Service to you pursuant to the terms and conditions of this Agreement. You acknowledge, however, that certain third party providers of goods and/or services may need your agreement to additional or other terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may depend on third party advertising and marketing supplied via the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you concur to receive such advertising and marketing. If you do not wish to receive such advertising, you should let us know in writing. The Company reserves the right to charge you a higher fee for the Service or Application should you decide not to receive these advertising services.The Company may collect and give out information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You accept that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
Internet Delays
The Company’s Service and Application may be subject to restrictions, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not accountable for any delays, delivery failures, or other damage caused from such problems.
Application License
Subject to your consent with this Agreement, the Company gives you a limited inclusive, nontransferable license to download and install a copy of the Application on a mobile device or computer that you own or manage and to run such copy of the Application solely for your own individual use. The Company reserves all rights in and to the Application not explicitly granted to you under this Agreement.
Accessing and Downloading the Application
You consent to adhere to any and all usage rules or terms of service relevant to an application source used to access and/or download the Application, i.e. App Store (“Application Source”). You acknowledge and consent that this Agreement is amongst you and the Company only, not any Application Source provider.
License Granted by User
The Company may, in its sole discretion, allow Users to post, upload, publish, submit, or transmit User Content. By making accessible any User Content on or through the Service or Application, you hereby give to the Company a worldwide, irrevocable, perpetual, inclusive, transferable, royalty-free license, with the right to sublicense, to use, view, imitate, adapt, change, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content only on, through or by means of the Service or Application. The Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to limit any rights that you may have to use and exploit any User Content.
You acknowledge and consent that you are solely responsible for all User Content that you make available through the Service or Application. As a result, you represent and warrant that:
(i) you either are the sole and exclusive owner of all User Content that you make accessible through the Service or Application or you have all rights, licenses, agreements, and releases that are required to grant to the Company and to the rights in such User Content, as considered under this Agreement; and
(ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or the Company’s function of the User Content (or any portion thereof) on, through, or by means of the Service or Application will breach, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or any other intellectual property rights, or rights of publicity or privacy, orlead to in the violation of any applicable Federal or State law or regulation.
(iii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or the Company’s use of the User Content (or any portion thereof) on, through, or by means of the Service or Application will slander or malign the Company.
Restrictions
You shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of relevant laws;
(ii) send or store violating, indecent, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that otherwise violates third party privacy rights;
(iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
(iv) interfere with or disturb the integrity or performance of the Application or Service or the data stored therein; or
(v) seek to gain unauthorized access to the Application or Service or its associated systems or networks.
The Company will have the right to investigate and prosecute infringements of any of the above to the maximum extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who breach this Agreement. You agree that the Company has no responsibilities to monitor your access to or use of the Service, Application, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to guarantee your compliance with this Agreement, or to comply with relevant Federal, State, and local laws, ordinances, and regulations, or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the Company, specifically including the Application, for any reason at its sole discretion
Intellectual Property Policy
The Company alone (and its licensors, where relevant) shall own all right, title, and interest, including all applicable intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not give over to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names linked with the Application and Service are trademarks of the Company or third parties, and no right or license is given to use them.
The Company respects intellectual property law and requires its Users to do the same. It is the Company’s policy to terminate Users or other account holders who infringe, or are believed to be frequently infringing, the rights of intellectual property right holders.
Waiver, Release, and Indemnification
By entering into this Agreement and using the Application or Service, you consent that you shall waive, release, uphold, indemnify, and hold harmless the Company, its members and managers, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) resulting from or in any way related to the Service and Application, or services provided by you to Families, specifically including liability, claims, damages or injury related in any way to (1) COVID-19 and any other transmittable or infectious disease; (2) the access to, or administration of, medication (over-the-counter and prescription drugs), including allergic or unforseen reactions and overdose; (3) transportation, as well as installation of child safety seats and collisions or acts by riders, other drivers, or objects; (4) violation or breach of any term of this Agreement or any relevant Federal, State, or local law, regulation, or ordinance; (5) breach of any rights of any third party; and (6) use or misuse of the Application or Service .
Limitation of Liability
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY FAMILIES SEEKING TO
PROCURE SERVICES FROM YOU. THE COMPANY WILL NOT EVALUATE THE
SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD PARTY FAMILY AND YOU
EXPLICITLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY
LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO
THE THIRD PARTY FAMILY, INCLUDING, BUT NOT LIMITED TO PERSONAL
INJURY, PROPERTY DAMAGE, OR THEFT. THE COMPANY WILL NOT BE A PARTY
TO DISPUTES OR NEGOTIATIONS OF DISPUTES AMONGST YOU AND ANY
THIRD PARTY FAMILY. RESPONSIBILITY FOR THE DECISIONS YOU MAKE
REGARDING SERVICES OFFERED THROUGH THE APPLICATION OR SERVICE
(WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL
NOT EVALUATE THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD
PARTY FAMILIES AND YOU EXPLICITLY WAIVE AND RELEASE THE COMPANY
FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES
ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY
RELATED TO THE THIRD PARTY FAMILIES INTRODUCED TO YOU BY THE
APPLICATION OR SERVICE. YOU EXPLICITLY WAIVE AND RELEASE ANY AND
ALL RIGHTS AND BENEFITS UNDER ANY LAW WHICH READS AS FOLLOWS: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU ARE ULTIMATELY AND ENTIRELY RESPONSIBLE TO THE THIRD PARTY
FAMILIES FOR THE QUALITY OF THE SERVICES SCHEDULED VIA THE USE OF
THE SERVICE OR APPLICATION. YOU FURTHER UNDERSTAND THAT BY USING
THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO THIRD
PARTY FAMILIES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE,
HARMFUL, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE
THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO
ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER
ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT
BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY
YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION,
INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE
OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS,
ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY
SERVICE PROVIDER, ADVERTISER, OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR
APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA; (2) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (5) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED; OR (6) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES, PRODUCTS, OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND CONSENT THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
General
No joint venture, partnership, employment, or agency relationship exists between you, the Company, its members or managers or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under NY law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless agreed and consented to by the Company in writing. This Agreement consists the entire consentment between you and the Company and supersedes all prior or contemporaneous negotiations, discussions, or consentments, whether written or oral, between the parties regarding the subject matter contained here.
Exhibit A
Declaration of Independent Business Status
This declaration of independent business status is made by you (“Contractor”) in relation to services performed by the Contractor for or in connection with COMPANY NAME, LLC (“Contracting Party”). The Contractor states and declares the following:
1. The Contractor agrees that the Contractor operates the Contractor’s own independent business and is providing services for or in connection with the Contracting Party as an independent contractor.
2. The Contractor agrees that the Contractor is not an employee of the Contracting Party and the services rendered for or in connection with the Contracting Party do not establish any right to unemployment benefits or any other right arising from an employment relationship.
3. The Contractor is responsible for all tax liability associated with payments received from or via the Contracting Party and the Contracting Party will not withhold any taxes from payments to the Contractor.
4. The Contractor is responsible for obtaining and maintaining any required registration, licenses or other authorization necessary for the services rendered by the Contractor.
5. The Contractor agrees at least six of the following:
(a) That the Contractor is not insured under the Contracting Party’s health insurance coverage or workers’ compensation insurance coverage.
(b) That the Contracting Party does not restrict the Contractor’s ability to perform services for or through other parties and the Contractor is authorized to accept work from and perform work for other businesses and individuals besides the Contracting Party.
(c) That the Contractor has the right to accept or decline requests for services by or through the Contracting Party.
(d) That the Contracting Party expects that the Contractor provides services for other parties.
(e) That the Contractor is not economically dependent on the services performed for or in connection with the Contracting Party.
(f) That the Contracting Party does not dictate the performance, methods or process the Contractor uses to perform services.
(g) That the Contracting Party has the right to impose quality standards or a deadline for completion of services performed, or both, but the Contractor is responsible to determine the days worked and the time periods of work.
(h) That the Contractor will be paid by or through the Contracting party based on the work the Contractor is contracted to perform and that the Contracting Party is not providing the Contractor with a regular salary or any minimum, regular payment.
(i) That the Contractor is responsible for providing and maintaining all tools and equipment required to perform the services performed.
(j) That the Contractor is responsible for all expenses incurred by the Contractor in performing the services.
6. The Contractor agrees that the terms set forth in this declaration apply to the Contractor, the Contractor’s employees and the Contractor’s independent contractors.