PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
TERMS OF SERVICE
Last updated: June 1, 2015
The CuratedCare.com website and services are provided by CuratedCare.com, Inc. ("Curated Care", "we", "us" or "our"). The Terms of Service govern your access to use and the use of the website CuratedCare.com and any other Curated Care branded websites, web pages, mobile applications and mobile websites operated by Curated Care (the "Site") and all services provided by Curated Care via the Site (the “Services”). You should read these terms and conditions before using the Site or Services. By using the Site, you are confirming that you have read, understand, agree to, and accept to be bound by these Terms of Service whether or not you are a registered user or guest of the Site.
From time-to-time, Curated Care may modify these Terms of Service. We will notify you of any material changes to these Terms of Service by placing a prominent notice on our Site or via email, so that you can choose whether you’d like to continue using our Site. Minor changes will be noted on the Terms of Service page in advance of the change. For both material and minor changes we will provide a minimum of 30 days of advanced notice prior to implementation of changes.
Use of the Site or services after the effective date of changes to the Term of Service will constitute your acceptance of the changes.
CURATED CARE SERVICES
Curated Care operates an online platform and community marketplace that enables parents and families (collectively, “Families”) to connect with professionals and service providers that have registered with the Site (collectively, “Kid Experts”). Curated Care provides Families and Kid Experts (collectively, “Market Participants”) a way to schedule activities and child services and create, share, and discover ideas and activities that could enrich the lives of children through features such as search and message functionality, booking and payment services, features such as alerts and statuses, and informational profiles.
The Site enables Market Participants to make their own decisions about interactions, including the determination to engage or to provide a service. All content on the Site about Market Participants is submitted by a user (“User Content”), including profiles, education, experience, certifications, activities, and reviews. Information regarding background checks, references, reviews, and other verifications are provided by third party verification services. Curated Care has no control over the accuracy, completeness, or timelines of User Content submitted on the Site or content provided by third party verifiers and makes no representations about any such User Content on the Site. Decisions around communications, services, and transactions are solely between Market Participants.
Curated Care has no control over any aspect of the services provided by Kid Experts including the quality, timing, legality, or failure to provide services. As such, all disputes around services and related issues between Market Participants should be directly resolved without the involvement of Curated Care and you agree to release Curated Care from any claims or liability that may arise from any disputes or issues between Market Participants.
Market Participants are solely responsible for reporting and appropriate handling of any tax or income matter connected with any services provided by Market Participants.
Eligibility to use the Site.
By using the Site, you represent and warrant that you are at least 18 years of age and that you and each member of your household (a) have never been convicted of, or is currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and is not currently required to register as a sex offender with any local, state, or federal government entity.
If you are a Kid Expert, you must also have the right to work in the United States.
All users of the Site are responsible for safe keeping of your password and account login, and you are solely responsible for all activities that occur under your password or account.
Your account is for your own use, and you may not permit anyone else to use your account. You may not assign or otherwise transfer your account to any other person or entity. The Site is intended to connect Families and Kid Experts. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
You may from time to time receive personal information of another Market Participant. For example, upon confirmation of a booking, Market Participants will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Families may not contact Kid Experts, and Kid Experts may not contact Families, for any purpose other than asking a question, providing information, or making arrangements related to a booking.
You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent the Site’s messaging tools or booking services, including for the purpose of avoiding the obligation to pay fees related to Curated Care’s provision of the Services.
During the time within which a Family maintains an account with the Site and for a period of one (1) year thereafter, the Family shall not on its own account or on behalf of any person, firm, or company: (a) directly or indirectly, solicit or recruit for employment, hire or otherwise seek to influence or engage Kid Experts for related services; (b) directly or indirectly request or advise a Kid Expert to withdraw, curtail, or cancel the Kid Expert’s business with Curated Care; or (c) directly or indirectly disclose to any other person, partnership, corporation or association, the names or addresses of any of the Kid Experts. If a Family breaches its obligations in this section, and such breach directly or indirectly results in a Kid Expert being hired (as an employee or as an independent contractor) by the Family or any other third party, Curated Care reserves the right to terminate the Family’s and/or Kid Expert’s participation in the Site and reserves the right to collect money damages intended to compensate Curated Care.
During the time within which a Kid Expert maintains an account with the Site and for a period of one (1) year thereafter, the Kid Expert shall not on its own account or on behalf of any person, firm, or company: (a) directly or indirectly, solicit or otherwise seek to influence or engage a Family to accept services from a Kid Expert that are not booked through the Site; or (b) directly or indirectly disclose to any other person, partnership, corporation or association, the names or addresses of any of the Families. If a Kid Expert breaches its obligations in this section, Curated Care reserves the right to terminate the Kid Expert’s or Family’s participation in the Site and reserves the right to collect money damages intended to compensate Curated Care.
Market Participants are not permitted to publish photos of children without express written permission of the Family unless they are that person’s parent or legal guardian. We reserve the right to verify that permission exists and/or to remove any photo on the Site.
At any point and for any reason, if Curated Care feels that a user of the Site is acting irresponsibly or in a way that is detrimental to the Curated Care community, we reserve the right to restrict and/or terminate subscriptions and/or block IP addresses from accessing the Site.
You are strictly prohibited from violating or attempting to violate any of the Site’s security features including and without limitation, (a) accessing or attempting to access content not intended for you, or logging onto a server or account that you are not specifically authorized to access; (b) ) interfering with service to any user or disrupting users ability to access the Site including, without limitation, by means of malware, overloading, "flooding," "spamming," or "crashing;" (c) attempting to probe or test the vulnerability of the Site, or to breach security or authentication measures; (d) using the Site or Site feature or information provided by market participant to send unsolicited e-mail, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify or reverse-engineer the source code used by Curated Care in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Explicit right for Curated Care to use your content.
Any user who creates or post any content to the Site expressly represents that they have the legal right to post such content and that you grant Curated Care, its officers, directors, members, agents, assignees, representatives, marketing partners, licensees, independent contractors and employees (“Affiliated Parties”), an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, reproduce, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Curated Care has no obligation to monitor user content on the Site, including, without limitation, profiles, activities, and reviews. We may however monitor at our discretion and remove any information and material for any reason.
Risk Assumption and Precautions.
You assume all risk when using the Curated Care Site and Services. You assume all risk for any online or offline interactions with users of the Site. You agree that it is your responsibility to take any and all reasonable precautions prior to engaging with any market participant.
The Activities Library, content, information and/or advice provided through the Service, whether by Curated Care, Kid Experts, or third parties are for informational purposes only. Curated Care does not provide educational, parenting or medical advice and the information should not be construed as such. Information in the Activities Library cannot replace or substitute for the services of trained professionals in the educational, medical or psychological fields. In particular, you should regularly consult a doctor in all matters relating to physical health, particularly concerning any symptoms that may require diagnosis or medical attention. You hereby expressly release Curated Care from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service.
Responsibility to Report Violations.
You agree to promptly report any violation of these Terms of Service as well as any misconduct of any user immediately to firstname.lastname@example.org.
Violation of Laws.
Any and all use of the Site and services must be in accordance with all applicable laws and regulations.
Users agree to abide by all US copyright laws. Your use of the Site does not entitle you to make any unauthorized use of any protected content.
All content and activities posted to the Site become the right of CuratedCare, Inc. By posting content to the Site you expressly permission Curated Care to use, transfer, share, create derivative work, and/or create derivative works of any and all content, photos, and information.
Curated Care may, at its sole discretion, for any reason or no reason, without notice terminate or suspend your access to the Site. If your account has been terminated by Curated Care, you may not re-register without written consent from Curated Care. No refunds will be granted.
Users may terminate or suspend their account at any time however any user content that you may have created may no longer be available.
Third-Party Verification Services.
Curated Care may use third-party verification services such as criminal background checks and social security number verification (“Third Party Verifiers”) of Kid Experts. Curated Care does not and cannot endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by Third Party Verifiers. Any such services are provided at the discretion of the Kid Expert and the Kid Expert may, at their discretion decline to have the background check completed. We reserve the right to share any background check information to Market Participant to designate that you have or have not selected to have any such verification completed. Curated Care retains the right, but has no obligation, to terminate your account based on the information.
Please note that information provided by Third Party Verifiers may be incomplete and may not provide all information that is relevant. It is the responsibility of Families to take actions, such as verification of references, education, certification, and additional actions, to evaluate a Kid Expert prior to engaging in services.
Fair Credit Reporting Act (FCRA)
Pursuant to the Fair Credit Reporting Act (the “FCRA”), we are notifying Kid Experts that if you choose to participate in Third Party Verification, the party may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you as a Kid Expert use or access information provided by Third Party Verifiers, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. You also agree to indemnify and hold harmless Curated Care and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. Curated Care does not assume and expressly disclaims any liability that may result from the use of information provided by Third Party Verifiers.
The Site may include links or content from third party websites and applications as well as functionality to connect with other websites such as Pinterest and Facebook. We do not control or endorse any third party sites and we are not responsible for any content, product, advertising and other materials presented in or provided by such sites.
Booking and Financial Terms
If you are a Kid Expert and a booking is requested for your services via the Site, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When you confirm a booking requested by a Family, Curated Care will send you an email, text message or message via the Site confirming such booking, depending on the selections you have made on the Site.
Fees for service are collected once the Kid Expert confirms the total fees to charge. Upon confirmation, a message will be sent to the Family to confirm the fees. Families will have 24 hours to confirm fees or dispute any discrepancies. If the Family does not dispute the fees within this period then the Family agrees to pay for services.
The time it takes for a Kid Expert to receive payment varies but payments should be expected between 2 and 5 business days of the service being provided.
Each Kid Expert agrees that payment made by a Family through the Site, shall be considered the same as a payment made directly to the Kid Expert. Kid Experts agree that Curated Care may, in accordance with the cancellation policy (i) permit the Family to cancel the booking and (ii) change a booking. Curated Care does not guarantee payments to Kid Experts for Families payments that have not been successfully received by Curated Care.
Membership fees are charged to access and use certain services and functionality of the Site (“Premium Services”). For example, only paid subscribers may message. Premium Services and membership fees are subject to change or termination without notice. By subscribing to the Site, you agree to allow Curated Care or a third-party subscription or payment processor to store your payment card information. Users with subscriptions are responsible for maintaining current and accurate payment card information associated with their accounts.
The Kid Experts, not Curated Care, are solely responsible for honoring any confirmed bookings and providing any services. If you choose to enter into a transaction with a Kid Expert for the booking of a service you agree and understand that you will be required to enter into an agreement with the Kid Expert and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Kid Expert. You acknowledge and agree that you, and not Curated Care, will be responsible for performing the obligations of any such agreements, that Curated Care is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Curated Care disclaims all liability arising from or related to any such agreements.
In consideration for the use of the Site, Curated Care charges fees to Families and Kid Experts. Where applicable, taxes may also be charged in respect to these fees. Curated Care charges Families and Kid Experts a membership fee (the “Membership Fee”) and a booking fee on each transaction (“Booking Fee”). Curated Care collects the Booking Fees before remitting the balance to Kid Experts as described in these Terms of Service.
Balances will be remitted to Kid Experts via check, direct deposit or other payment methods described on the Site. In certain cases, amounts may be rounded up or down to the nearest dollar. Except as otherwise provided herein, Membership Fees and Booking Fees are non-refundable.
Refund and Cancellation Policy
Curated Care enforces a strict cancellation policy and may charge a fee for all cancellations that occur within 24 hours of the scheduled booking time. We do not apply fees for cancellations that occur beyond 24 hours of the scheduled booking time. A booking is officially canceled through the online booking tool. Cancelations using any other method are not a valid cancellation and your account will be charged accordingly.
In certain circumstances, Curated Care may decide, in its sole discretion, that it’s necessary or desirable to cancel a confirmed booking made via the Site. We may also determine, in its sole discretion, to refund or not charge a cancellation fee.
Curated Care may, in Curated Care's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Curated Care establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Curated Care; (iii) may be disabled by Curated Care at any time for any reason without liability to Curated Care; (iv) may only be used pursuant to the specific terms that Curated Care establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Curated Care reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Curated Care determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Market Participants may refer the Site, an Activity, or a Kid Expert and may participate in the “Referral Program.” If you choose to participate in the Referral Program, for each friend or contact you refer to Curated Care for which a Qualifying Referral (defined below) is completed, you may be able to receive Kid Expert Credits (defined below) . “Kid Expert Credits” are “points” issued by Curated Care that may be applied as credits toward future confirmed bookings with Kid Experts.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must be logged into your Account on the Site or Application and select to refer the Site, an Activity, or a Kid Expert; (ii) you must share the link provided with friends in an email via the Services or by using the other tools provided to share the unique referral link; (iii) a contact who clicks the link must create a Curated Care Account and become a Member; and (iv) after becoming a Member, the friend must pay the full Membership Fee and complete a booking with a Kid Expert through the Site. Please note that you may not be the Family or Kid Expert for the booking to receive a Referral Reward. Further, you may not earn Referral Rewards by creating multiple Accounts and Referral credits are non-transferable.
Curated Care reserves the right, but is not required, to revoke Kid Expert Credits earned in the Referral Program after 90 days of account inactivity. Curated Care may suspend, change, or terminate Referral Programs or your participation in the Referral Programs at any time for any reason. Curated Care reserves the right to modify or not grant any further Referral Rewards after the suspension or termination of the Programs or your participation in it. At the time of termination, Curated Care reserves the right to revoke any Referral Rewards already awarded or received.
Curated Care may offer contests to our Market Participants. Contests are open only to U.S. residents 18 years of age or older at the time of entry. Void where prohibited by law. Contests and Sweepstakes are subject to all federal, state, and local laws and regulations.
The odds of winning depend on the number of eligible entries received throughout the entire Contest. Prize(s) will be awarded at the sole discretion of Curated Care and all decisions on all matters relating to the Contest will be binding and final. Winner(s) will be notified on or about two (2) days following winner(s) selection. Winner(s) will be chosen at the sole discretion of Curated Care and notified by email.
Curated Care assumes no responsibility for any defect or delay in operation or transmission, communications failure, theft, destruction or unauthorized access to, or alteration of, entries, including any erroneous appearance of qualification for a prize. Curated Care reserves the right to disqualify any individual or abbreviate, cancel, modify or suspend the contest and shall have no obligation, to award the prize(s) from among all valid and eligible entries received up to that time. All entries are the property of the Curated Care and are not returnable.
SMS Text Messages and Alert Services
Curated Care makes SMS text message alert service functionality available to users. Users who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. If you decide to use this service, you expressly permission Curated Care to send you SMS text messages and agree to be responsible for any fees your carrier my charge.
Intellectual Property Rights
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, other than User Content, is the property of Curated Care or its designee and protected by copyright or other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content.
You will not modify, distribute, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Use of the Site does not entitle you to make any unauthorized use of any protected content. You agree to use protected content solely for your personal use, and will make no other use of the content without the express written permission of Curated Care.
Kid Experts who subscribe to premium services, are permissioned to re-use Activity Photos and Activity Text to create derivative works that solely reside on the Site or for the purposes of delivering an offline service to a Family.
The service marks and trademarks “Curated Care” “Kid Expert” and the Curated Care logo are owned by Curated Care. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree to not copy or use these marks and trademarks, logos or trade names without the written permission of the owner.
Disputes and Issues
Any disputes, issues, or disagreements between Market Participants relating to the services or payments agreed to or arranged through the Site are the sole responsibility of the Market Participants to resolve. Curated Care is not responsible or obligated to resolve or take any action to remediate any such issue. At our sole discretion, we may mediate payment disputes between Market Participants but have no obligation to do so. In such cases, you agree that Curated Care’s decision is final and binding.
Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES ARE AVAILABLE WITH RESPECT TO USERS, SERVICES OR THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. ALL CONTENT IS PROVIDED “AS IS” AND "AS AVAILABLE." YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
CURATED CARE GRANTS NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRIDGEMENT. IN NO EVENT WILL CURATED CARE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF YOUR USE OF THE SITE OR RELIANCE UPON CONTENT FROM THE SITE OR USERS.
CURATED CARE WILL NOT BE LIABLE FOR ANY CONTENT CREATED BY ANY USER TO THE SITE AND GRANT NO WARRANTIES AS SUCH. CURATED CARE MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, STATEMENTS, REVIEWS OR OTHER INFORMATION MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICE BY USERS. NO WARRANTIES ARE AVAILABLE WITH RESPECT TO SERVICES ENGAGED THROUGH THE SITE. CURATED CARE MAKES NO CLAIMS OR PROMISES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON THE SITE OR AVAILABLE THROUGH THE SERVICES. CURATED CARE, INC WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU. CURATED CARE WILL NOT BE LIABLE FOR ANY DAMAGES AND MAKES NO WARRANTIES ABOUT CONNECTIVITY AND CONTINUED AVAILABLE OF THE SITE OR SERVICES.
YOU AGREE TO RELEASE CURATED CARE AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) USE OF THE SITE, (II) USE OF THE SERVICES, OR (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF CURATED CARE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE WILL BE LIMITED TO AN AGGREGATE OF ONE HUNDRED U.S. DOLLARS ($100 USD).
If any provision in these terms is held to be invalid, void, or unenforceable, that provision will be stricken and the elimination of that provision will not affect the validity of and enforceability of the remaining provisions.
Users of this Site agree to indemnify, defend and hold harmless Curated Care, Inc and its Affiliated Parties from and against any and all claims, losses, expenses, or demands of liability, including attorneys' fees and costs incurred by Curated Care and its Affiliated Parties 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) 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. Users agree to cooperate as reasonably requested by Curated Care in the defense of such claims. Curated Care and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
Curated Care will respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). Curated Care may remove content that appears to infringe the intellectual property right to others and reserves the right to make this decision at its sole discretion.
If you believe any materials or content on the Site infringe on your copyright, you may request removal of those materials or content from the Site by contacting Curated Care at email@example.com and by providing the following information: (i) description of the work, including a copy, location, URL and any such relevant information of the work, (ii) your name, address, telephone number, and e-mail address, (iii) any pertinent information to confirm the materials are not authorized, (iv) a statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf, and (v) a signature or the electronic equivalent from the copyright holder or authorized representative.
Applicable law: This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, City and County of New York.
CuratedCare.com, Inc, 524 Broadway - 11th Floor, New York, NY 10012, firstname.lastname@example.org.