Terms and Conditions for KidCare and More

BY ACCESSING, VIEWING, OR USING THE KIDCARE AND MORE WEBSITE (THE “SITE”) OR ANY TOOLS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE (COLLECTIVELY, THE SITES AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE “SERVICE”), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE.

This is a legal agreement between you and KidCare and More, inc. ("we", "us" or "KidCare").

By using the Site for any purpose and in any form, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.

If you do not agree, do not understand, and/or are unable to agree to be bound by these Terms of Service, you must stop using the Site and/or the Services immediately.

We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.

1. KidCare and More Offers a Venue.

The KidCare and More Service, including the site, resources, and tools provided (“Service”)  provides a venue for parents, guardians, or any person seeking babysitting/nanny service ("Parents") to connect with people who want to provide those services ("Activity Leaders," and collectively with Parents and anyone using the KidCare and More site, "Users”). KidCare and More does not employ Activity Leaders, and has no control over the acts or omissions of any Users. KidCare and More is not a matching or placement service, and does not commit to seeking engagements or employments for any of its Users. KidCare and More has no obligation to screen or verify the identity or background of any User. Regardless of whether KidCare and More screens users or performs a background check, you should exercise caution and perform your own screening before connecting with anyone through the Service, meeting anyone, engaging Users or accepting engagements. You should make your own assessments of the persons you decide to interact with, engage or provide services to. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

 

2. Eligibility.

You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service:

If you are a Parent:

- Minimum Age You are an individual at least 18 years of age; and

- Criminal History Neither you, nor anyone in your home, or the location where care services are provided or received

(a) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;

(b) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses;

(c) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and/or

(d) is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

If you are an Activity Leader:

- Minimum Age You are an individual at least 18 years of age.

- Legal Right to Work. You have the legal right to work in the United States; and

- Criminal History. Neither you, nor anyone in your home, or the location where care services are provided or received

(a) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;

(b) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses;

(c) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and/or

(d) is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

- Profile Photo: Activity leaders are required to have an acceptable and approved profile photo in order for their account to be fully activated on KidCare and More. Without it, profiles will not show on our list of Available Leaders and thus are not able to be contacted by parents or interact with the Job Board.

3. Transactions are Solely Between Users. 

Users transact service and payment arrangements solely between themselves, and KidCare and More is not a party to any transactions between Users. You access and use the site, including the content, items, or services on the site, solely at your own risk.  Because we are not involved in User-to-User dealings or control the behavior of Users. Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments or services received. All Users release KidCare and More and Roughing It from any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.  

4. Communication Rules and Guidelines. 

As a User of the Site, you are solely responsible for any User Content you post on the Site or transmit to other Users, via User profiles (“Profiles”), reviews of Activity Leaders (“Reviews”), and messages to other Users via direct messaging or group forums. You agree to use the Service in a manner that is lawful, relevant, and appropriate to the applicable forum. You are solely responsible for any content you post on the site to transmit to other Users, including links to other content. 

Any use of the Service that KidCare and More, in its sole discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

Prohibited forms of communication and conduct.

You understand and agree not to, and not to permit or encourage anyone else, to post on the Site, transmit to other Users or Third Parties, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:

(a) contains photographs or images of another person, unless you are that person's parent or legal guardian;

(b) Impersonate another person or allow any other person or entity to use your user name, password or membership;

(c) is off-topic, meaningless, or otherwise annoys or interferes with others' use of the Site;

(d) is false, misleading, defamatory, inaccurate, abusive, unlawful, obscene, profane, sexually-oriented, or otherwise objectionable;

(e) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, or physical harm of any kind;

(f) defames, harasses, annoys, abuses, threatens, intimidates, harms, stalks, or otherwise violates the legal rights (including but not limited to privacy and publicity rights) any other Users of the Site;

(g) involves the transmission of pyramid schemes, junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling, or other similar activities;

(h) conducts or forwards surveys or contests on or through the Service, except where sponsored or created by KidCare and More;

(i) Advertise or offer to sell any goods or services for any commercial purpose on the Service that are not appropriate or relevant to the Service;

(j) contains others' copyrighted content unless you have written permission from the copyright owner;

(k) contains or discloses another person's personal information without his or her written permission, or collects or solicits another person's personal information for commercial or unlawful purposes;

(l) implies that the User Content is in any way endorsed or sponsored by KidCare and More;

(m) Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including but not limited to wage and hour and working condition laws and regulations;

(n) Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;

(o) contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);

(p) uses scripts, bots or other automated technology to access and/or update the Site;

(q) Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner; and/or

(r) Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service.

Content Removal.

KidCare and More may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. KidCare and More reserves all of our rights under the Communications Decency Act, including but not limited to, our right to remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of KidCare and More.

Reporting Offensive Communication or Conduct.

You may report any alleged improprieties by any User to KidCare and More by email at info@kidcareandmore.com. However, enforcement of these Terms of Use is solely at KidCare and More's discretion, and failure to enforce in some instances does not constitute a waiver of KidCare and More’s right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or Third Party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

5. Suspension or Termination.

KidCare and More may, in our sole discretion, suspend and/or terminate your account for any reason or for no reason at all and with or without notice. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of any or all content associated with your account. You agree to make no further use of the Service or the KidCare and More Content during suspension or after termination. 

Following any termination or suspension of any User's Subscription and/or account, KidCare and More may, but is not obligated to, send a notice of the termination or suspension to other Users you have corresponded with. 

If your account has been terminated by KidCare and More, you may not re-register without KidCare and More’s consent, and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available.

KidCare and More reserves the right, but does not undertake any duty, to take appropriate legal action, including but not limited to the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or the KidCare and More Content during suspension or after termination, and you agree that KidCare and More may recover its reasonable attorneys’ fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

6. Payment, Subscription, Cancellation, and Refund Policies.

Subscriptions. Subscriptions are required to access and use Services on KidCare and More Site.

View current subscription plan fees for Parents.
View current subscription plan fees for Activity Leaders.

Subscription plans are subject to change or termination by KidCare and More from time to time without notice. If there is any change to the Subscription plans the pages listing the current Subscription plans will be updated.

Users who use KidCare and More’s services through subscription agree to pay KidCare and More the applicable fees then in effect through the subscription plan. In addition, Users authorize KidCare and More and Stripe to charge their chosen payment provider for use of the Site based on their chosen subscription plan. KidCare and More reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. Subscriptions and any other items or benefits associated with a User's Subscription are nontransferable.

All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there is any change to the Subscription plans.

Subscription Renewals and Cancellation. Subscriptions will continue until cancelled by the User. At the end of your Subscription period, your Subscription will automatically renew for the same Subscription period (for example, monthly or annually) at the then-current Subscription rate for the applicable Subscription plan, unless you cancel your Subscription before it renews. For example, if you signed up for an annual Subscription plan, at the end of the initial one-year period if you haven't yet canceled your Subscription, your Subscription will be automatically renewed for another one-year period at the then-current rate for annual Subscriptions. For any automatic renewal, you authorize KidCare and More to charge your selected payment method the then-current applicable fee in accordance with the Subscription plan you selected.


To cancel your Subscription, go to your account settings and click “Cancel Subscription.” The cancellation will be effective at the end of your then-current Subscription term. If you cancel your Subscription, you will continue to have access to your Premium Services associated with your Subscription until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Subscription and/or account. All KidCare and More Services cease when your Subscription's cancellation becomes effective; your Subscription will not renew thereafter. Upon the effective cancellation of your Subscription, you will no longer have access to KidCare Services. However, Canceling your Subscription will not delete your account. To deactivate your account please email kidcare@roughingit.com.

Free Trials and Promotional Offers. KidCare and More may offer limited time, free trial Subscriptions, or Promotional Offers from time to time. Users under a free trial Subscription will have access to all KidCare and More Services as decided by KidCare and More. KidCare and More may require a User to provide the User's payment information to start a free trial. For such free trials, KidCare and More may automatically charge the User for the Subscription on the first day following the end of the free trial period, on a recurring monthly or annual basis, or as otherwise described in the offer for the free trial. To avoid such charges, Users with free trial Subscriptions must cancel their Subscription before the end of the free trial period. Promotional Offers, which may include discount codes or account credits may be subject to expiration dates and may only be applicable to select Users.

Payment Information. If you purchase a Subscription (or have a free trial Subscription) you will use KidCare and More’s online payment service - Stripe. You agree to Stripe storing your payment card information. Users with Subscriptions are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 5.a., KidCare and More may terminate a User's Subscription and/or account if the User's payment card information is expired or is otherwise invalid.

7. Indemnification Clause.

You agree to indemnify, defend and hold KidCare and More harmless from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by KidCare and More in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, or (v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by KidCare and More in the defense of such claims. KidCare and More reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.

8. Privacy Policy.

This Privacy Policy explains how information about you is collected, used and disclosed by KidCare and More.  Your use of the Service constitutes your consent to the collection and use of such information as described in this Privacy Policy.

Regardless of how you use the site, we will ask you to share personally identifiable information ("Personal Information") with us. Whether you choose to share your Personal Information is completely up to you, but keep in mind that you may not be able to access some areas of the Site or effectively use the services we offer on the Site without sharing Personal Information. Personal Information includes any information that identifies or can be used to identify, contact, or locate you. Examples include your name, email address, phone number, age, household information, and educational background. The types of Personal Information that we may collect about you are:

- Account Information. When you register for the Site, we will ask for certain information about you, such as your name, address, email, birth date, and phone number. 

(a) If you are registering as a Parent, we will also ask for the number of children you have and their ages; 

(b) If you are registering as an Activity Leader, we will also ask for your total years of babysitting and/or Roughing It experience, your hourly rate(s), your city of residence, certifications, education, and booking availability.
 

We may use your email address and/or your phone number (if you choose to provide it) to send you account confirmations, notifications, to request more information, to contact you on behalf of other Users sending you messages, and to otherwise provide services to you in connection with the Site. We may also send you informational emails, such as newsletters or updates regarding any news or information related to our service.

- User Profile. After you register for the Activity Leader, you will have the opportunity to create a Profile about yourself. Your Profile may include different information depending on whether you are a Parent or an Activity Leader. How much information you disclose on your Profile is entirely up to you, though at a minimum, your Profile should include:

For Parents: Parents may include information on their Profile about their children (age, school, allergies, special needs), emergency contact information, parking availability, and types of services or activities desired. All registered Users will be able to view the Parent's photo, first name, last initial, neighborhood and (if elected) number of children. When a Parent reviews a Activity Leader or requests a booking with an Activity Leader, the Activity Leader can view the Parent's full Profile.

For Activity Leaders: Activity Leader Profiles may include information about their hourly rates, background, availability, education, certifications, languages spoken, instruments played, involvement in sports or clubs, youth experience, city of residence, and any activity or hobby preferences. All visitors to the Site can view a Activity Leader's Profile, except that a Activity Leader's email, address and phone number is disclosed only to a Parent with a valid and authorized profile.

- Updating and Correcting Information. If you need to change your Personal Information, you may update or correct this information by logging into your personal profile.  We encourage you to update your Personal Information promptly if it changes.

- Security of Information. We take security of your Personal Information seriously and take precautions to protect your Personal Information. However, no method of data transmission over the Internet or data storage is 100% secure and therefore, we cannot guarantee the absolute security of any information transmitted to or from the Site.

- Information Retention. KidCare and More reserves the right to retain the information it collects for a certain period of time in order to preserve the integrity of the KidCare and More databases and for other business and/or legal purposes. You may request that KidCare and More delete your personal information by email request, and KidCare and More will comply with such request, subject to its right to retain such information as it deems necessary to comply with legal obligations, resolve disputes, provide important information to current and former users, enforce KidCare and More’s Terms of Use or other agreements and other business needs. Any requests for user data retrieval or deletion will require verification of user's identity.

- Feedback. If you contact us to give us feedback, register a complaint or ask questions about the Site or Services, we may store your communications, including any Personal Information you include in them, so we can effectively respond to you.

- Changes to Our Privacy Policy. We may revise our Privacy Policy from time to time. The most current version of the Privacy Policy will govern our use of your information and will always be located on this webpage. If we make a change to our Privacy Policy that is material, we will notify you either by prominently posting a notice of such changes before implementing the change on the Site and/or via the email associated with your account. By continuing to access the Site and use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Last Revised: [08/10/2020]

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