Effective Date: December 6th, 2019
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION
AGREEMENT AND A WAIVER OF CLASS-ACTION RIGHTS AS DETAILED IN SECTION
Please read these Terms of Service (collectively with 1+1 Care’s Privacy Notice located at
https://www.1plus1cares.com/privacy, the “Terms of Service”) fully and carefully before using
www.1plus1cares.com or mobile apps (the “Platform”) and the services, features, content or applications offered by 1 Plus 1 Senior Care, Inc. dba 1+1 Cares, a domestic worker referral agency
(“1+1”, “we”, “us” or “our”) (together with the Platform, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Platform and the Services.
- 1.ACCEPTANCE OF TERMS.
- By registering for and/or using the Services in any manner, including but not limited to visiting, browsing, downloading, or installing the Platform, you agree to these Terms of Service (including, for clarity, the Privacy
Notice) and all other operating rules, policies and procedures that may be published from time-to-time on the Platform by us, each of which is incorporated by reference and each of which may be updated from time to
time without notice to you.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these
Terms of Service by this reference.
- These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
- 2. ARBITRATION NOTICE AND CLASS ACTION WAIVER: Except for certain types of disputes described in the Arbitration section below, you agree that disputes between you and 1+1 will be resolved
by binding, individual arbitration, and you waive your right to participate in a class-action lawsuit or class-wide arbitration unless you opt-out of the Agreement to Arbitrate (see Section 22 "Agreement to Arbitrate") no later
than 30 days after the date you first use the Platform or Services, or by August 31, 2019, whichever is later. Unless you opt-out: (1) you will only be permitted to pursue claims against 1+1 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.
- 3. DISCLOSURES; DESCRIPTION OF SERVICES; LIMITATIONS
- Referral agency disclosure to those seeking Care Providers (“Clients”): 1+1 is not the employer of the domestic worker (the “Care Providers”) it refers to you (the “Client”) or whom you find on this Platform. Depending
on the arrangement between the domestic worker and you, you may have employer responsibilities. The domestic worker may be your employee or an independent contractor depending on the relationship you have with him or
her. If you direct and control the manner and means by which Care Providers perform work you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law. Clients
agree to abide by all applicable local, state, and federal employment and wage and hour laws and regulations. For additional information, contact your local Employment Development Department and the Internal Revenue
- Description of Services. 1+1 is a referral agency. We offer various Services to help its users find, coordinate, and maintain quality non-medical domestic work and senior care (“Caregiving Services”). “Caregiving
Services” may include, without limitation: general companionship and conversation, attendant care, respite care, personal grooming, hygienic care, medication reminders, light housekeeping, bathing assistance, meal planning
and preparation, grocery shopping, errands, transportation, escort to breakfast, lunch or dinner, answering telephones and greeting visitors, sorting mail, receiving home deliveries, and companionship at social or religious
activities. The Services we offer include, among others:
- Basic: We conduct background checks on Care Providers and validate their eligibility to work in the United States.
- Basic: We enable Clients seeking Caregiving Services (such as individual or shared senior care, pet care, cooking, grocery shopping, and light housekeeping services) to post jobs on the Platform, and we enable individuals
who provide Caregiving Services ("Care Providers") to post profiles on the Platform and apply to jobs offered by Clients.
- Basic: We provide search and browse functionality on the Platform to allow Clients and Care Providers to narrow the pool of Clients or Care Providers they are interested in meeting based on their respective needs,
job duties, and preferences.
- Basic: We provide a communications platform to allow Clients and Care Providers to communicate without sharing personal contact information.
- Premium: We refer Clients and Care Providers to each other based on matching criteria and facilitate documenting the Client and Care Provider negotiation.
- Premium: We provide a la carte concierge services by finding, presenting, coordinating services or product purchases.
- Transition from Premium to Basic requires coordination and transition time and will take effect 5 business days after submission.
- We do not provide any tools to perform any care or other work. Instead, we provide the Platform and information to help individuals, Clients and Care Providers, make more informed decisions on choosing each other
and coordinating what work is to be done, rate, and schedule among each other, collecting requirements with matching experience, filtering by preferences, direct Client and Care Provider rate negotiation, billing
and settlement payments, schedule matching, and a communication platform.
- We offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates the payment of Care Providers and 1+1’s referral fee by Clients via an automated clearing house (ACH), credit card or debit card.
These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes
Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, individuals who 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 1+1 enabling payment processing services through Stripe, you agree to provide 1+1
accurate and complete information about you, and you authorize 1+1 to share it and transaction information related to your use of the payment processing services provided by Stripe. 1+1 assumes no liability
or responsibility for any payments you may make through this service, and all such payments are non-refundable.
- 4. LIMITATIONS OF SERVICES
- Accessing Our Platform: You are responsible for making all arrangements necessary for you to have Internet connectivity and access to our Platform. We reserve the right to amend, restrict or remove any portion of
our Platform, as well as any products or services that we offer on our Platform, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of our Platform is unavailable
at any time or for any reason.
- We offer a variety of Services to help our users find, coordinate, and maintain care for their loved ones or themselves. However, we do not employ any Care Providers; instead, 1+1 is a domestic worker referral agency. As
such, except as set forth below, Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax, workers’
compensation, and minimum wage laws). As a referral agency, we have no control over the quality, timing, or legality of the services actually delivered by Care Providers, nor of the integrity, responsibility or actions
of Clients or Care Providers and we do not recommend Clients or Care Providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the
integrity, responsibility or actions of Clients or Care Providers whether in public, private or offline interactions. We do, however, reserve the right to refuse to continue offering Care Providers or Clients access
to the profiles of the other or referrals for any reason or no reason at all.
- Client and Care Provider content is primarily user-generated, and we do not control or vet user-generated content for accuracy. 1+1 does not assume any responsibility for the accuracy or reliability of any information provided
by Care Providers or Clients on or off this Platform. In addition, ratings of Clients and Care Providers are solely within the control of the individual providing feedback and ratings of the rated individual. 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.
- 1+1 is not responsible for the conduct, whether online or offline, of any Client, Care Provider, or other user of the Platform or Services. Moreover, 1+1 does not assume and expressly disclaims any liability that may result from the use of information provided on our Platform. All users, including both Clients and Care Providers, hereby expressly agree not to hold 1+1 (or its officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners or resellers, hereinafter "Affiliates") liable for the actions or inactions of any Client, Care Provider or other third party or for any information, instruction, advice or services which originated through the Platform, and, 1+1 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.
- 5. CARE PROVIDER’S REPRESENTATIONS AND WARRANTS. by using this platform and services, if you are a care provider, you acknowledge, represent, and warrant the following:
- Care Provider shall report as income all compensation received pursuant to this Agreement and pay all self-employment and other state, local, or federal taxes thereon.
- Care Provider assumes responsibility for and shall at all times comply with all applicable laws, ordinances, statutes, and rules applicable to the Caregiving Services contemplated herein. Care Provider shall be responsible
for any business expenses incurred in connection with the performance of Caregiving Services, including but not limited to all costs for the purchase and maintenance of materials, supplies, equipment, tools, training,
communication devices, transportation, and business permits or licenses where required by state or local law, ordinance, or regulation. The possible financial risk due to the Client’s non-payment. Care Provider’s management
skills and performance of domestic services are factors associated with financial success and are not controlled in any way by the Referral Agency. In the event a Client fails to make payment for a portion of or all
of the services rendered by Care Provider, Referral Agency will have no responsibility to make up any difference in the shortfall of fees due to Care Provider attributable to Client's non-payment.
- Care Provider shall be responsible for any damage, harm or injury to property, client, person or persons caused by Care Provider’s Caregiving Services. Care Provider acknowledges he or she shall pay for any and all damages
incurred to Client’s property or personal belongings.
- Care Provider shall not assign this Agreement to any other person or entity and may not delegate the Caregiving Services to any other person unless adequate notice is provided, the required background check is conducted
and the individual is approved by the Client, and the Referral Agency before rendering services.
- Care Provider consents to receive information, which may constitute Protected Health Information, about a Client in order to perform his or her services. Care Provider understands and agrees to comply with all applicable
state and federal laws regarding the privacy and confidentiality of Client’s financial and health information. Accordingly, Care Provider shall treat all such information as confidential and shall use appropriate safeguards
to prevent misuse or disclosure of such information to any third party, except as required by law.
- Referral Agency provides referrals for non-medical caregiving services. Care Provider shall not provide any medical or medication service, assistance, supervision, advice or other medical-related services to any Client,
person or persons referred pursuant to this Agreement.
6. RELATIONSHIP BETWEEN THE CLIENT AND THE CARE PROVIDER. Clients may determine to continue or terminate services with a Care Provider at any time for any reason, including but not limited to the following based on Care Provider actions:
Failure to provide services as requested by Client and agreed-upon by Care Provider; Arriving later than requested by Client; Leaving earlier than requested by Client; Use of a personal cell phone in a client’s home; Bringing
a non-registered Care Provider with you while you provide services to Referral Agency’s client; Failing or refusing to perform agreed-upon caregiving services as requested by Client; Failing to wear appropriate attire while
providing services; Client accusations of theft, or other improper conduct.
- 7. NON-SOLICITATION / NON-INTERFERENCE WITH CONTRACT. By using the Platform to seek domestic Caregiving Service jobs from Clients or by seeking a Care Provider to perform Caregiving Services,
you agree not to interfere with the contractual relationship between 1+1 and the Client, or 1+1 and the Care Provider, respectively. Should a Care Provider render Caregiving Services for Client, or their immediate family, while
no longer utilizing the services provided by 1+1, with or without prior written notice, acknowledgment, and advanced notice payment to 1+1, thereby denying 1+1 its referral fees, a Private Placement Fee shall be assessed against
Client for $5000 plus all unpaid referral fees for any payments made directly to or through the 1+1 referred Care Provider. The lost 1+1 referral fees shall be calculated based on the average referral fees earned by Care Provider
for Caregiving Services rendered in the 6 months prior to the occurrence of the Private Placement. By using the Platform to connect with a Care Provider, Client understands and agrees that any Private Placement has a financial
impact on 1+1 and the Private Placement Fee is fair and reasonable.
- 8. ELIGIBILITY TO USE PLATFORM AND SERVICES. By requesting to use, registering to use and/or using the Platform or the Services, you represent and warrant you have the right, authority and
capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent, warrant, and promise the following:
- You are at least 18 years of age. If not, do not register to use the Platform or Services.
- If you are registering to be a Care Provider, you are legally in the United States and legally permitted to 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, elder abuse, 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 will abide by, and not use our Platform in any way that violates, all applicable local, state, or federal law or regulation.
- You will not impersonate or attempt to impersonate us, our employees, another customer or user, or any other company, person or entity.
- You will not do anything that could disable, overburden, damage, or impair our Platform or interfere with any person’s use of our Platform.
- You will not introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- You will not co-brand or frame our Platform or hyper-link to it without first obtaining the express prior written permission of an authorized representative of 1+1.
- 9. REGISTRATION AND CONTENT
- Registration. To use the Services, you must register for an account on the Platform (an “Account”). You must provide accurate and complete information and keep your Account information updated. You may not: (i) select
or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use,
as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another
person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of
any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your
Account, either directly or through a request made to one of our employees or affiliates. To register for an Account, during the registration process, Care Providers must review, execute, and submit to 1+1 the Care
Provider Referral Agreement.
- Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, reviews, data, text, photographs, videos, audio clips, written posts and comments, communication,
software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes any Content added,
created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Contributions”).
- User Content: 1+1 shall not be responsible for any User Contributions, whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date,
and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible
for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
- User Contributions: We may from time-to-time provide interactive services, such as message boards, customer comments, reviews, and feedback, blog posts, or other interactive features that allow users to post,
submit, publish, blog, display or transmit User Contributions on or through our Platform. All User Contributions must comply with the Content Standards set out in these Terms of Service. You understand and agree
that 1+1 may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of 1+1 violates these Terms or which 1+1 determines in its sole discretion
might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Platform or others. Any User Contribution you post will be considered non-confidential and non-proprietary,
to the extent permitted by law. 1+1 does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other materials from you through the Platform or mail or e-mail addresses,
or in any other way. By providing User Contribution, you grant us and our successors the right to use, reproduce, modify, perform, display, distribute, delete, or disclose to third parties any such material.
You promise you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against us for infringement
of any proprietary rights with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory regarding such User Contributions,
including but not limited to, the right to be attributed as the author of the User Contributions.
- No Guarantee: If you provide User Contributions to be published or displayed on public areas of our Platform, or transmitted to other users of the Platform or any third parties, you accept that your User
Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of our Platform or any third parties with whom you may choose to share your
User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
- Accuracy of User Contributions: User Contributions, including ratings of others, must be accurate and comply with all applicable laws. You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any
third-party, for the content or accuracy of any User Contributions posted by you or any other user of our Platform.
- Opinions, advice, statements, offers, or other information or content made available on the Platform or through the Platform, but not directly by 1+1, are those of their respective authors. Such authors are solely
responsible for such Content. 1+1 does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform or available through the Service, or (ii) adopt, endorse or accept responsibility
for the accuracy or reliability of any opinion, advice, or statements made by any party that appears on the Platform or through the Service. Under no circumstances will 1+1 or its Affiliates be responsible for
any loss or damage resulting from (a) your reliance on information or other content posted on the Platform or transmitted to or by any user of the Platform or Service; or (b) reviews or comments made about you
on the Platform by other users.
- You agree 1+1 has no obligation to remove any reviews or other information posted on the Platform about you or any other person or entity. 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 the removal of a review they have written.
- Disclaimer of Liability. 1+1 disclaims any liability whatsoever for any
misstatements and/or misrepresentations made by any users of the Platform
or Services of 1+1. Users hereby represent, understand and agree to hold 1+1
harmless for any misstatements and/or misrepresentations made by or on
behalf of them on this Platform or in any other venue.
- Exclusive Use. If you are a Client, you may use your Account only to find care for yourself, your parents, or other individuals for whom you are otherwise the legal guardian and authorized representative. If you
are a Care Provider, you may use your Account only to find domestic 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.
- 10. PROCESSING OF PERSONAL DATA. Your personal data will be treated in accordance with 1+1’s Privacy Notice, available at https://1plus1cares.com/privacy-policy
- 11. RULES OF CONDUCT.
- As a condition of use and/or submittal of User Contributions, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activities
connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).
- These content standards apply to all User Contributions and the use of interactive services if offered. User Contributions must in their entirety comply with all applicable local, state, and federal laws and regulations.
Without limiting the foregoing, User Contributions must not: (i) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) Infringe any patent, trademark, trade secret,
copyright or other intellectual property or other rights of any third-party; (iv) Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any
civil or criminal liability under applicable laws; (v) Promote any illegal activity, or advocate, promote or assist any unlawful act; (vi) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass,
alarm or annoy any other person; (vii) Impersonate any person, or misrepresent your identity or affiliation with any person or organization; (viii) Involve commercial activities or sales; (ix) Be likely to deceive or
give the impression that they emanate from or are endorsed by us, or any other person or entity
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere
or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict
access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other
processes to “crawl” or “spider” any page of the Platform; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without
limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy,
rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce
these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect
the rights, property or safety of us, our users and the public.
- 12. THIRD-PARTY SERVICES. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the
Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions,
accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge
and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available
on or through any such website or resource.
- 13. PAYMENTS AND BILLING.
- Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). A referral fee is based on a percentage of the referred workers rate as negotiated between Clients and
Care Providers. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen Payment
Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a
recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES
(E.G., WEEKLY OR MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.
SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE
(SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF
YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.1PLUS1CARES.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre-authorized or was invoiced (other than due to the imposition or change in the amount of state sales
taxes, if any), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment
provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment,
and you will be responsible for such charges. This does not waive our or the Care Provider’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described
when you initially selected to use the Paid Service.
- Cancellation Policy/Fees. All shifts scheduled by Client require 24-hour notice of cancellation. If less than the required notice of cancellation is given, Client will be billed for four hours of services, or 50%
of the scheduled shift, whichever is greater. Reducing the time of a scheduled shift is considered a cancellation of the time and the same terms apply.
- 14. TERMINATION. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the
forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Platform or through the Services. Any fees paid hereunder
are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and
limitations of liability. Upon termination, 1+1 shall be under no obligation to provide you with a copy of any Content posted by or about you on the Platform. If we terminate your registration, we have no obligation to notify
you of the reason, if any, for the termination of your registration. 1+1 does not have the authority to terminate the relationship between any Care Seeker and Care Provider.
Following any termination of any individual's use of the Platform or the Services, 1+1
reserves the right to send a notice thereof to other Users with whom we believe the
deregistered 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.
- 15. CONSENT TO ELECTRONIC COMMUNICATION. By using the Platform or Services, you agree to allow 1+1 to communicate with you electronically, and you consent to electronic delivery of notices,
documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Registry Screens) from 1+1 via the Platform, mobile application, online messaging platform, or email. You also agree
to check your 1+1 Account, alerts, and messages, and the email account used to register on the Platform on a reasonably regular basis to stay apprised of important notices and information about your Account.
- 16. CONSENT TO GEOLOCATION. By using the Platform or Services, you agree to allow 1+1 to use the location of Platform usage to provide reminders to Care Providers to start and end shifts
for the purposes of accurate billing. This information is not used to verify Care Provider location, arrival time, nor departure time.
- 17. CONSENT TO EMERGENCY MEDICAL. If at any time, due to such circumstances as an injury or sudden illness, medical treatment is necessary, Client authorizes 1+1 or the Care Provider to
take whatever emergency measures they deem necessary for the protection of the Client. Client understands this may involve contacting a doctor, interpreting and carrying out his or her instructions, and transporting Client
to a hospital or doctor’s office, including the possible use of an ambulance. Client also authorizes the providers of emergency services to bill Client for the costs of such care. Client agrees to be responsible for all costs
related to such emergency care and further agrees to indemnify and reimburse 1+1 or Care Provider any costs or fees incurred related to such emergency care.
- 18. WARRANTY AND OTHER DISCLAIMERS.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
- You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be
responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT
PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE
SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES
MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO 1+1. FURTHERMORE, WE DISCLAIM
ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET
NETWORK, AND FOR ANY OTHER REASON.
- 19. INDEMNIFICATION. By using the Platform and Services and agreeing to these Terms of Service, you agree you shall defend, indemnify, and hold harmless 1+1, its affiliates and each of
our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of,
or access to, the Platform, the Services, Content, or otherwise from your User Contributions, your violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services,
of any intellectual property or other right of any person or entity, or any relationship or agreement formed with a Client or Care Provider using the Platform or Services. We reserve the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you agree you will assist and cooperate, as reasonably required, with us in asserting any available defenses. Users further agree to hold
harmless 1+1 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 Platform.
- 20. ASSUMPTION OF RISK. Users assume all risk when using the Platform and the Services, including but not limited to all of the risks associated with any online or offline interactions
with or between users of the Platform or the Services. 1+1 has no liability for non 1+1 Actions. IN NO EVENT WILL 1+1 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 PLATFORM OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE PLATFORM OR SERVICE, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH
OTHER REGISTERED USERS OF THE PLATFORM 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.
- 21. TRANSPORTATION
- Informed Consent: Client understands that while receiving transportation services from a 1+1 referred Care Provider, Client could sustain serious personal injuries, illness, property damage, or even death and that
there may be other risks not known to me or not reasonably foreseeable at this time. Client further understands and agrees that any injury, illness, property damage, disability, or death that Client may sustain by any
means is Client’s sole responsibility.
- Release and Waiver Of Liability: Client, on behalf of himself or herself, and his or her personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT
NOT TO SUE 1+1, its directors, officers, employees, agents, and 1+1 referred Care Providers for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments
of any and every kind (including attorneys' fees), arising from any injury, property damage, or death that Client may suffer as a result of receiving transportation services from a 1+1 referred Care Provider, REGARDLESS
OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
- Assumption of risk: Client understands there are potential dangers incidental to receiving transportation services from a Care Provider, some of which may be dangerous and which may expose the Client to the risk
of personal injuries, property damage, or even death. Client understands that these potential risks include, but are not limited to: travel; negligent or willful acts of others; and other risks that are unknown at this
time. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES, and assume full responsibility for receiving transportation services from a Care Provider.
- Indemnity: Client, on behalf of the Client to whom services are to be rendered to, and his or her personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend and
indemnify the Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any
injury, property damage or death that Client may suffer as a result of receiving transportation services from a referred Care Provider, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OF
THE RELEASEES OR OTHERWISE.
- Means of transportation: Client may request transportation services and may authorize the use of a vehicle by a Care Provider. Client agrees to maintain and validate automobile liability insurance on the vehicle,
provide proof of insurance to 1+1, upon request, and to maintain the vehicle in good working order.
- 22. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:
- ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND 1+1 OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD
TO YOUR RELATIONSHIP WITH 1+1, OR ANY CARE SEEKER OR CARE PROVIDER, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL
BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND 1+1 HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER,
THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE 1+1’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND 1+1 WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING
YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU
MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR 1+1 WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE
AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST 1+1 INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
- You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if 1+1 is a party to the proceeding. This dispute
resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty
(160) days of filing the case, then either 1+1 or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in
any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies
or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services
or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
- 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 22, you must notify 1+1 in writing within 30 days of the date that you first accept these
Terms of Service (unless a longer period is required by applicable law). Your written notification must be mailed to 1+1 at the following address: 990 Linden Dr., Suite 201, Santa Clara, California 95050. If you do
not notify 1+1 in accordance with this Section 22(C), you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Service, including such provisions in any Terms of Service revised
after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with 1+1 through arbitration.
If 1+1 makes any changes to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of
future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending 1+1 written notice within 30 days of the change to the address set forth in this Section 22C. This notification
affects these Terms of Service only; if you previously entered into other arbitration agreements with 1+1 or enter into other such agreements in the future, your notification that you are opting out of the arbitration
provision in these Terms of Service shall not affect other arbitration agreements between you and 1+1.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and
Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with 1+1.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) WORKERS’ COMPENSATION BENEFITS, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF
(IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.
- GOVERNING LAW AND JURISDICTION. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America.
You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Santa Clara County, California.
- MODIFICATION. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any
feature, database, or content) at any time by posting a notice on the Platform or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose
limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check
these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued
use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
- 23. MISCELLANEOUS.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets
or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content
solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission
from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
- Entire Agreement and Severability. These Terms of Service, the Privacy Notice, and Domestic Worker Referral Agreement, if applicable, are the entire agreement between you and us with respect to the Services offered
through your use or access of this Platform or Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in
full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may not assign, transfer or delegate any of our rights
and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, registration on this Platform, or by acceptance of domestic work jobs, and neither party
has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent
by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight
delivery service. Electronic notices should be sent to email@example.com.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any
particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver
through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact: If you have any questions or need further information regarding the Platform or Services provided by 1+1 Cares, you may contact us at the following address: 1 Plus 1 Cares, 990 Linden Dr., Suite 201, Santa Clara, Ca 95050.