- User’s Acknowledgement and Acceptance of the Terms
THE SERVICES ARE COMPRISED OF AN ONLINE PLATFORM THROUGH WHICH (I) INDIVIDUALS OR ENTITIES PROVIDING CHILD CARE SERVICES (“CAREGIVERS”) CREATE A PROFILE IDENTIFYING THEMSELVES AND, AMONG OTHER THINGS, THE CHILD CARE SERVICES THEY PROVIDE AND (II) INDIVIDUALS SEEKING CHILD CARE SERVICES (“PARENTS”) MAY ACCESS SAID PROFILES AND ENTER INTO AN AGREEMENT DIRECTLY WITH A CAREGIVER FOR THE PROVISION OF CHILD CARE SERVICES PURSUANT TO THE TERMS AND CONDITIONS AGREED TO SOLELY BETWEEN THE PARENT AND THE CAREGIVER. YOU UNDERSTAND AND AGREE THAT FLEXABLE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CAREGIVERS AND PARENTS. ;, FLEXABLE HAS NO CONTROL OVER THE CONDUCT OF CAREGIVERS, PARENTS AND OTHER USERS OF THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Children’s Online Privacy Protection Act. Our Services are not directed to persons under 13 years of age. In fact, access to and use of Our Services is only offered to persons 18 years of age and older. If you are under 18 years of age, please do not register to use Our Services.
- Criminal Background. You represent and warrant that neither you nor any member of your household nor or any employee of your entity has ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or is currently required to register, as a sex offender with any government entity.
- Account Registration.
- Flexable Account. In order for You to access the Services as either a Parent or a Caregiver, You are required to register with Flexable. . Registration requires that You create a Flexable account (“Flexable Account”) by providing a valid email address and password. Other registration requirements may apply depending on whether You are registering as a Parent or a Caregiver. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
- Social Networking Site. You may be able to register an account with Flexable through a social networking site such as Facebook or Google+ (“Social Networking Site”), If You access the Services through Your account with a Social Networking Site (“Social Networking Account”) thereby creating a “Flexable Social Networking Account”, , You agree that We may access, have provided to Us, and make available through Flexable and store, if applicable, any information, including personally identifiable information, data, text, messages, tags, and/or other materials that You have provided to and stored and made accessible on Your Social Networking Account, subject to the privacy settings that you have set on Your Social Networking Account. Your relationship with a Social Networking Site is governed solely by Your agreement with that Social Networking Site. Flexable disclaims any liability for any personally identifiable information or other information We may receive from a Social Networking Site in violation of the privacy settings that You have set up with that Social Networking Site applicable to Your Flexable Social Networking Account.
- Responsibility. You are responsible for all activities that occur under Your Flexable Account or Flexable Social Networking Account on or through Our Website (Flexable Account and Flexable Social Networking Account collectively referred to hereinafter as the “Account”). You are also responsible for maintaining the confidentiality of Your password. You agree not to disclose Your password to any third party. Our personnel will never ask You for Your password. You may not have more than one (1) active Account. You may not transfer or share Your Account with anyone. You agree not to create an Account using a false identity or information. You also agree not to access an Account on behalf of someone other than Yourself. You agree to notify Us immediately if You suspect any unauthorized use of Your Account or password.
- Description of Services
Our Services provide, among other things, a platform for (i) Caregivers to inform Parents seeking child care services of the child care services being made available by the Caregivers and (ii) Parents seeking child care services to select a Caregiver which satisfies a Parent’s individual needs for child care services.
As a Caregiver, You are given the opportunity to register an Account, prepare a profile describing, among other things, the child care services You provide, and have the profile posted on the Website.
As a Parent, You are given the opportunity to register an Account which gives You access to the list of Caregivers which have registered an account with Flexable. You may contact the individual Caregivers directly or You may contact Us to assist You in identifying a Caregiver or Caregivers which meet Your needs based on the content of a Caregiver’s profile. Flexable has no information about a particular Caregiver other than what is set forth in that Caregiver’s profile. We are not responsible for the accuracy, timeliness or completeness of the content of a Caregiver profile.
As part of the Services, Flexable also provides a Caregiver with the opportunity to post, and a Parent with the opportunity to view, the openings available at a Caregiver’s location at the time of a Parent’s query (“Availability”). A Parent is then able to contact a Caregiver directly online or as indicated by the Caregiver on its profile, to reserve an available spot for the Parent’s child or children at that Caregiver’s location. You may receive an email confirming Your reservation of a spot at that Caregiver’s location. Flexable is not responsible for the accuracy, timeliness or completeness of the Availability of any Caregiver. The accuracy, timeliness and completeness of Availability is the sole responsibility of the Caregiver. Flexable does not assume and expressly disclaims any liability that may result, directly or indirectly, from the failure of a Caregiver to provide accurate, timely and complete Availability or to respond to an inquiry by a Parent as to the Caregiver’s Availability.
Although we make the Services available to the general public or registered Users on this Website, You are responsible for providing, at Your own expense, all equipment necessary to use the Services, including a computer, network hardware, and Internet access.
- Limitations of Our Services.
We do not employ any Caregivers. All Caregivers are solely responsible for compliance with all applicable laws. In addition, We have no control over the quality or legality of the child care services provided by Caregivers. Consequently, We do not endorse, recommend or make any representations about a Caregiver of the quality or legality of the child care services being offered by a Caregiver.
We make no representations of any kind with respect to any Parent.
As a Parent, if You choose to contact Us to assist You in identifying Caregivers that meet Your particular needs, We will provide a list of Caregivers registered with Us that satisfy Your selection criteria. However, even though We agree to provide this list as a Service to You, We are neither endorsing nor recommending the Caregivers on the list.
We are not responsible for the conduct, either online or offline, of a Parent or Caregiver or any other User of the Services or Website. We do not assume and expressly disclaim any liability that may result from such conduct or the use of information provided on Our Website or the Services. All Users, including Parents and Caregivers, expressly agree not to hold either Flexable or its officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners liable for the actions or inactions of any Parent or Caregiver or other third party or for any information, instruction, advice or services which originated through the Website or as a result of the Services. Flexable expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from such actions, inaction or information.
- User Responsibility.
We do not screen, interview, perform background checks, or make any other inquiry regarding a Parent or Caregiver, including whether the Parent or Caregiver is in compliance with applicable Federal, state of local laws, rules and regulations, nor do We substantiate, authenticate or verify any information provided by a Parent or Caregiver to Us or posted either directly or indirectly by a Parent or a Caregiver on the Website. Any and all screening, interviewing, or performing of background checks is the sole responsibility of the Parent or Caregiver. Also, substantiation, authentication, and verification of any and all information provided by a Parent or a Caregiver which is posted on the Website is the sole responsibility of the Parent or Caregiver, respectively.
- Conduct on Site
Your use of the Services is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communication through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to You on or through this Website, you agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; or
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You also agree that You will not, under any circumstances:
- as a Caregiver, submit a profile with false or misleading information, including price information, or submit a profile with a price that You do not intend to honor;
- as a Caregiver, submit a profile if You are not in compliance with applicable Federal, state or local laws, rules or regulations;
- as a Parent, contact a Caregiver for any purpose other than asking a question related to child care services provided by that Caregiver;
- recruit or otherwise solicit any Caregiver to join third-party services or websites that are competitive to Flexable, without Flexable’s prior written approval;
- recruit or otherwise solicit any registered User to join third-party services, applications or websites, without Our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or the Services.
In addition, You may not use Your Account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Services may be available to You or other authorized Users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that We have the right to investigate and prosecute violations of any of the provisions set forth herein and that We have the right, at any time, at Our sole discretion, to terminate, remove, cancel or disable Your Account, or any other affiliation You may have with Our Services, without prior notice to You for violating any of the provisions set forth herein or any applicable Federal, state or local laws, rules or regulations. In addition, You acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Third Party Sites and Information
These Services may link You to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. Different terms and conditions and privacy policies may apply to Your use of any other site. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use or reliance on any content, products or services available on or through any such linked site.
- Intellectual Property Information
Neither We nor Our licensors warrant or represent that Your use of materials displayed on, or obtained through, the Services will not infringe the rights of third parties. (See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.)
- Unauthorized Use of Materials
Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us under any circumstance.
We respect the intellectual property of others, and We ask You to do the same. If You or any User of the Services believe its copyright, trademark or other intellectual property rights have been infringed by a posting on this Website, You or the User should send notification to the email address below immediately. To be effective, the notification must:
- Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
- Identify the material that You claim is infringing the copyrighted work listed in item #1 above;
- Provide information reasonably sufficient to permit Us to contact You (email address is preferred);
- Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred);
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.“
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;“
You must also sign the notification and send the written communication via email to firstname.lastname@example.org.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website and/or Services without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimer of Warranties
ALL CONTENT AND SERVICES PROVIDED ON AND THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR A THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE WEBSITE AND THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES ON THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES ON THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through Your use of the Services, You may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
You understand and agree that temporary interruptions of the availability of the Services may occur as normal events. You further understand and agree that We have no control over third party networks You may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the Services are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO OR FROM THE WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Us, You agree to defend, indemnify, and hold Us and Our licensors harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use or misuse of the Services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
- Participation in Promotions
From time to time, the Website may include advertisements provided by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
- Membership Program
From time to time, We may make available a membership program (the “Program”), at no cost to You, where, as a result of the frequency of Your use of the Services or participation in certain promotions offered by Us, You can achieve a certain membership status in the Program entitling You to certain benefits. You understand, agree and accept the fact that We may, in Our sole discretion, change the terms of, suspend or terminate the Program for any reason, at any time, with or without prior notice to You. You also understand, agree and accept the fact that a change of terms of or suspension of the Program may result in, and a termination of the Program will result in, the forfeiture of any benefits earned but not redeemed as of the effective date of the change of the terms, suspension or termination of the Program, respectively.
- E-mail, Messaging, Blogging, and Chat Services
We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
If we make mailboxes available, these mailboxes may have a limited storage capacity. If You exceed the maximum permitted storage space, We may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
- International Use
- Termination of Use
Upon termination or suspension, regardless of the reasons therefore, Your right to use the Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files or the Services. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.
- Governing Law
All notices to a party shall be in writing and shall be made via email at email@example.com. We may broadcast notices or messages through the Services to inform You of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
- Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website, or use of or access to the Services.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and Services available through Our Website arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information
Last Updated: December 9th, 2016