Care.com Recruiting Solutions Terms and Conditions
Last Updated: November 29, 2012
These Terms and Conditions contain all of the terms and conditions between Care.com, Inc. ("Care.com") and you relating to your use of the Care.com Recruiting Solutions website (recruitment.care.com) and any related Care.com mobile application (collectively, the "Site") and Services (as defined in Section 3 below).
- Please read these Terms and Conditions before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and Conditions in their entirety.
- These Terms and Conditions include all other policies, rules and terms and conditions as set forth in Service materials, either in print or on our Site (collectively, the "Policies"), all of which are incorporated herein. If you object to anything in these Terms and Conditions or the other Policies, do not use the Site or the Services.
- These Terms and Conditions, including the other Policies, are subject to change by Care.com at any time. We will notify you about significant changes in these Terms and Conditions by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms and Conditions on our Site. You should periodically check Terms and Conditions for updates. Your continued use of the Site or the Services after such effective date will constitute acceptance by you of such changes.
2. Binding Agreement
These Terms and Conditions (as they may be amended from time to time by Care.com) form a binding agreement (the "Agreement") between you and Care.com. Your access to or use of the Site or Services indicates your acceptance of these Terms and Conditions. If you object to anything in this Agreement, do not use the Site.
Care.com Recruiting Solutions allows corporate employers, placement agencies and nanny agencies who are Care.com Recruiting Solutions members ("Members") to search for and recruit employment candidates who are members of Care.com ("Users") and have agreed to be contacted by Members regarding potential employment (the "Services"). During the enrollment process, you may agree to pay subscription fees to Care.com for certain paid Services offered on the Care.com Recruiting Solutions Site (the "Subscription Services"). Such Services or Subscription Services include a) the ability to search Care.com's database on care provider Users ("Search"), b) the ability to send messages to such Users through the Care.com secure direct messaging interface ("Direct Messaging") and c) the ability to post solicitations regarding employment opportunities to be viewed by such Users ("Job Posts").
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide. Care.com reserves the right, anytime and at its sole discretion, to make changes to the Services or the Subscription Services, including the prices for the Subscription Services.
a. Billing and Payment
If you sign up for Subscription Services, you agree to pay Care.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize Care.com to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the Subscription Services plan selected. Care.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other services we may offer for a fee, you authorize Care.com to charge your chosen payment provider for the services you purchase. You agree that if Care.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.
b. Automatic Subscription, Renewal and Cancellation of Subscription Services
Your Subscription Services membership will continue indefinitely until modified or terminated by you or by Care.com. After your initial Subscription Services commitment period, and again after any subsequent Subscription Services period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed. In the event that Care.com, in its sole discretion, determines to change the fees for all or part of the Services, including the Subscription Services, for you, Care.com will notify you and give you the option to cancel your Subscription Services membership before such change in pricing takes effect.
You may stop the automatic renewal of your Subscription Services or cancel your Subscription Services by updating your account settings, either on your Profiles and Settings page or by calling Member Care at 877-227-3115. If you update your account settings to stop the automatic renewal of your Subscription Services payments or cancel your Subscription Services, you may use your Subscription Services until the end of your then-current subscription term. Your Subscription Services will not be renewed after your then-current term expires.
c. Refund Policy
As a general rule, Care.com does not provide refunds or credits for subscription or other purchase cancellations. However, Care.com may in its sole discretion issue refunds or credits when it believes they are warranted.
5. Closing Your Care.com Recruiting Solutions Account; Termination by Care.com
You may close your Care.com Recruiting Solutions account at any time, either on your Profiles and Settings page or by calling Member Care at 877-227-3115. You understand and acknowledge that if You cancel your Care.com Recruiting Solutions account or Your Care.com Recruiting Solutions account is terminated, all Your account information from Care.com Recruiting Solutions, including saved User resumes and profiles, may be deleted from Care.com's databases.
Care.com reserves the right, in its sole discretion, to terminate your access to all or part of the Site, to remove your Job Posts and/or any content posted by or about you from the Site, and/or to terminate your membership in Care.com Recruiting Solutions, for any reason or no reason, with or without notice.
6. Care.com Intellectual Property Rights
The Site and any Care.com trade names, logos, trademarks, service marks, trade dress, internet domain names, similar proprietary marks and copyrights are the sole property of Care.com and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Care.com reserves for itself all other rights, title and interest
7. License to Use
Care.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and save a single copy of the User material on the Site solely for your personal use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign any of your rights to any of the Services provided by Care.com to any third party without the express written authorization of Care.com. You agree that you are solely responsible for the content of any Job Posts you post to the Site and any consequences arising from such posting. Care.com reserves the right to suspend or terminate your access and use at any time if Care.com determines that you are in breach of these Terms and Conditions.
8. Your Intellectual Property Rights
You hereby grant to Care.com, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license during the term of this relationship, subject to the terms and conditions hereof, to use your Job Posts, Direct Messages, photos, audios, videos, reviews, profiles or any other content that you publish or display on the Site (collectively, "Content"); your logo(s), tradename(s) or trademark(s) (the "Marks"), or the Marks of your affiliates, (i) for the purposes of identifying you to Users or otherwise fulfilling Care.com's obligations hereunder, (ii) to promote and market the Site and your representation thereon, and (iii) for purposes otherwise expressly approved in advance, in writing, by you. You further represent and warrant that Care.com's use of your Marks in accordance with these terms will not infringe or violate the rights of any third party, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws.
9. Rules regarding Searching, Direct Messaging, Posting, Conduct and Security
Search and Direct Messaging Rules:
You may view, one at a time, up to either 500 unique User profiles or 1,500 unique User profiles per month depending on the Subscription Service purchased by you on the Site. Please note that the term "view" shall include: (i) viewing or clicking on a profile page; (ii) saving a profile to a folder; (iii) printing a profile; and/or (iv) any other action that results or could result in your use of a profile or any of the information contained therein.
You shall take appropriate physical, technical, and administrative measures to protect the User data you have obtained from the Site from loss, misuse, unauthorized access, disclosure, alteration or destruction.
In order to ensure a safe and effective experience for all Care.com Users and Members, Care.com reserves the right to limit the amount of data (including Searches, profile views and Direct Messages) that may be accessed or sent by you in any given time period.These limits may be amended in Care.com's sole discretion from time to time.
Job posts and your use of the Site must comply with all applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
Except where allowed by applicable law, you may not post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
You may not post any job to the Site that contains:
- URLs or links to web sites other than to recruitment related pages on your company web site;
- copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
- trade secrets (unless you own them or have the owner's permission to post them);
- material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
- irrelevant keywords or white text keywords (including any words embedded in the job post and hidden from the User);
- anything that is illegal, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
- anything that is embarrassing or offensive to another person or entity;
- any screening requirement or criterion where such requirement or criterion is not an actual and legal requirement of the posted job;
You are responsible for maintaining the confidentiality of your Care.com Recruiting Solutions account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Care.com Recruiting Solutions account and password, whether or not authorized by you. You agree to immediately notify Care.com of any unauthorized use of your Care.com Recruiting Solutions account, profile, or passwords.
You may not use the Site in any way which, in Care.com's sole judgment, adversely affects Care.com's business, business prospects, the performance or function of the Site.
If at any time Care.com comes to the understanding that you misled Care.com regarding your business practices and/or services, Care.com reserves the right to terminate your account.
You may not undertake the following:
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field);
- Use the Site to send any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Duplicate, publish, broadcast, transmit, distribute, display, sell or otherwise transfer information found on Care.com (excluding content posted by you) except as permitted in this Agreement;
- Utilize or copy information, content or any data you view on and/or obtain from Care.com to provide any service that is competitive, in Care.com's sole discretion, with Care.com;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or Services contained in the Site;
- Use bots or other automated methods to access Care.com Recruiting Solutions, add or download contacts, send or redirect messages, or perform other activities through the Site;
- Access, via automated or manual means or processes, Care.com Recruiting Solutions for purposes of monitoring the Site's availability, performance or functionality for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Site;
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- use any device to navigate or search the Site other than the tools available on the Site, tools generally available third party web browsers, or other tools approved by Care.com;
By using the Site and/or Services, you agree that Care.com may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, User or Member information, including but not limited to, names, biographical information, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights Care.com may have under these Terms or applicable law.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
- accessing data not intended for you or logging into a server or account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- submitting software viruses, worms, or any other computer code, files or programs that overload, "flood", "mail bomb", "crash"; interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Care.com or any User;
- undertaking to engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; or
- forging any TCP/IP packet header or any part of the header information in any message or job post.
Violation of these Security Rules may result in civil or criminal liability. Care.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
By agreeing to the terms of this Agreement, you agree to indemnify, defend and hold harmless Care.com and its affiliates, officers, directors, employees, stockholders, representatives and agents from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs incurred by them in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) any breach by you of your obligations under this Agreement, (ii) any willful misconduct or negligent act, omission or misrepresentation by you, your agents or your employees, (iii) any violation by you of any federal, state or local, law, rule or regulation, (iv) any disputes between you and any User, or (v) the violation or alleged violation of third-party intellectual property rights or proprietary rights by any job post or other materials and content you submit, post or transmit through the Site or otherwise provide to Care.com for inclusion on the Site. You may not settle any claim subject to indemnification without the prior written consent of Care.com. In addition, Care.com may, at its sole expense, participate in the defense and settlement of the claim.
11. Warranties; Disclaimers
Care.com offers an online forum that among other things enables Members to post jobs and interact with Care.com Users for potential employment opportunities. However, Care.com does not employ any Users nor is it an employment agency or a recruitment agency. Members are responsible for compliance with all applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property
Further, Care.com does not have control over the quality, timing, or legality of the services actually delivered by Users, nor of the integrity, responsibility or actions of Members or Users. Care.com does not refer or recommend either Members or Users nor does it make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users or the integrity, responsibility or actions of Members or Users whether in public, private or offline interactions.
Member and User content is primarily user generated, and Care.com does not control or vet user generated content for accuracy as a general matter. Care.com does not assume any responsibility for the accuracy or reliability of any information provided by Members or Users on or off this Site. Care.com does not have any obligation to verify the identity of its Users or Members. Care.com may offer certain Users the opportunity to verify certain information such as their email address or cell phone number. If Care.com indicates that a User has verified certain information, it means that the User has complied with the process Care.com has established for verifying such information. However, Care.com does not guarantee, nor does it represent or warrant as to, the accuracy of such information.
Any screening of a User or Member and his, her or its information by Care.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employee or employer. Members are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate employee.
Because Care.com does not and cannot be involved in Member-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release Care.com from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is", "as available". Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Care.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARE.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARE.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARE.COM EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
CARE.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. CARE.COM DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
12. Limitation of Liability
a. Incidental Damages and Aggregate Liability
In no event will Care.com be liable for any indirect, special, incidental, punitive, or consequential damages, losses or expenses arising out of or relating to your membership with Care.com Recruiting Solutions, including without limitation damages related to any information received from the Site; removal of content from the Site, including profile information; any email distributed to any Member or any inability to use the Site by any party, or in connection with any termination of your membership with Care.com Recruiting Solutions or your ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Care.com or its representatives are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CARE.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS, OR, IF YOU HAVE NOT PAID CARE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
b. No Liability for non-Care.com Actions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM INTERACTIONS WITH OTHER USERS OF THE SITE, 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.
Unless otherwise specified herein, in the enrollment process or on the Site, any notice by one party hereto to the other shall be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to Care.com at Care.com, Inc., 201 Jones Road, Suite 500, Waltham, MA 02451, Attn.: Legal Department. All paper notices will be deemed effective on the date of personal delivery, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service, as applicable. All email notices will be deemed effective when sent by us to the email address specified in your account, whether actually received or not, and all notices on our Site will be deemed effective upon posting on our Site, whether or not reviewed by you.
14. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Care.com's copyright agent (identified below) and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. 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.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Care.com's agent for copyright issues relating to this Site is as follows:
201 Jones Road, Suite 500
Waltham, MA 02451 USA
In an effort to protect the rights of copyright owners, Care.com maintains a policy for the termination, in appropriate circumstances, of Members who are repeat infringers.
15. Independent Contractor
You and Care.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
16. Governing Law
If there is any dispute arising out of the Site and/or the Services, including the Subscription Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Massachusetts, Suffolk County, for the resolution of any disputes arising out of the Site and/or the Services.
The language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual intent. No principle of construction or rule of law that provides that an agreement be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall apply to the terms and conditions of this Agreement. The invalidity, illegality or unenforceability of any term or provision of this Agreement shall in no way effect the validity, legality or enforceability of any other term or provision of this Agreement. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified. No waiver of any default in performance of this Agreement by either party, or waiver of any breach or a series of breaches of any of the terms, covenants or conditions of this Agreement shall constitute a waiver of any subsequent breach or a waiver of such terms, covenants or conditions. Neither party may assign, sell, transfer, delegate or otherwise dispose of this Agreement or any rights or obligations hereunder without the prior written consent of the other party, except that either party may assign this Agreement to any affiliate or any successor entity in a merger, consolidation, business combination or sale of all or substantially all of its assets. Any purported assignment, transfer, or delegation in violation hereof will be null and void. Subject to the foregoing, this Agreement will be binding upon and shall inure to the benefit of the parties and their respective permitted successors and assigns. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement.