Terms of Service

Bubbe’s Care LLC Terms of Service

 

Effective Date: June 4, 2020

 

These Terms of Service (“Terms of Service”), together with the privacy policy incorporated herein (“Privacy Policy”) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.”

 

These Terms of Service constitute a legally binding agreement between you (“User” or “you” or “your”) and Bubbe’s Care LLC (“Bubbe’s Care” or “we” or “us” or “our”). The following terms and conditions, govern your access to and use of Bubbe’s Care mobile application for iOS and Android devices (the “App”), including any content, functionality and services offered on or through the App, as they may be modified, relocated and/or redirected from time to time. Our services, platform, App, including any prior, current, or future services, platforms, or Apps, are collectively referred to as the “Bubbe’s Care Platform.”

 

Please read these Terms of Service carefully before you start to use the Bubbe’s Care Platform. By installing the App, or otherwise accessing or using any aspect of the Bubbe’s Care Platform, or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Service (including the dispute resolution and arbitration provisions in Section 14) and our Privacy Policy. If you do not agree to this Agreement, you may not access or use the Bubbe’s Care Platform.

 

By installing the App, clicking to accept or agree to these Terms of Service, or by otherwise accessing and using any aspect of the Bubbe’s Care Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with Bubbe’s Care in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the Bubbe’s Care Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Service, and agree to be bound by these Terms of Service on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Service, you must not use or access the Bubbe’s Care Platform.

 

Bubbe’s Care reserves the right to modify these Terms of Service or any of its policies relating to the Bubbe’s Care Platform at any time. We will notify you about material changes in these Terms of Service or any of our policies by sending a notice to the email address registered in your account, or by placing a prominent notice on the App, so that you can choose whether to continue using our services. You are responsible for regularly reviewing these places for any updates to the Terms of Service. Continued use of our the Bubbe’s Care Platform after any updates shall constitute your consent to all such changes to the Terms of Service contained in such update.

 

 

  1. Material Terms and Notices.

 

BUBBE’S CARE DOES NOT PROVIDE THE PROFESSIONAL SERVICES DESCRIBED BELOW. IT IS UP TO THE CLIENT AND CAREGIVER TO AGREE TO THE TERMS AND CONDITIONS OF THE PROFESSIONAL SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF THE BUBBE’S CARE PLATFORM. THE BUBBE’S CARE PLATFORM OFFERS A MEDIUM TO CONNECT USERS FOR PROFESSIONAL SERVICES AND MAKE PAYMENTS FOR PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE THESE PROFESSIONAL SERVICES OR ACT IN ANY WAY AS A PROVIDER OF SUCH PROFESSIONAL SERVICES. BUBBE’S CARE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES PROVIDED TO YOU THROUGH THE BUBBE’S CARE PLATFORM OR FOR ANY CLIENT OR CAREGIVER NOT HAVING THE PROPER AUTHORITY TO ENTER INTO THE TRANSACTION.

 

  • The Bubbe’s Care Platform connects you to other Users for care services (“Professional Services”). You are neither an employee nor subcontractor of Bubbe’s Care.

  • Users of the Bubbe’s Care Platform contract for Professional Services directly with other Users. Bubbe’s Care is not a party to any contracts for Professional Services nor does it provide any of these Professional Services. The Bubbe’s Care Platform facilitates these contracts by supplying a medium through which Users can connect with other Users, schedule Professional Services, and make payments for Professional Services (“Payments”).

  • The Bubbe’s Care Platform is licensed to you, not sold to you, and you may use the Bubbe’s Care Platform only as set forth in these Terms of Service.

  • The use of the Bubbe’s Care Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility.

  • You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy.

  • We will resolve disputes arising under these Terms of Service through binding arbitration. By accepting this Agreement, as provided in greater detail in Section 14, you and Bubbe’s Care are each waiving the right to a trial by jury or to participate in a class action.

  • Access to certain features of the Bubbe’s Care Platform may require access to information about your location and the location of your device, such as GPS coordinates.

  • We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 4) that occur through the Bubbe’s Care Platform for our business purposes, including to provide and improve customer service and the Bubbe’s Care Platform, fraud prevention, and to identify violations of this Agreement.

  • You agree not to circumvent the Bubbe’s Care Platform by scheduling and/or paying for services outside the Platform.

 

2.         Description of Services, Limitations of Services, User Responsibilities.

 

            2.1. About Our Services.

 

  • The Bubbe’s Care Platform provides a medium that connects individuals seeking Professional Services (“Client”) for themselves or a recipient of Professional Services and individuals and entities who provide Professional Services (“Caregiver”).

  • We provide search functionality on the App to allow Clients to narrow the pool of Caregivers they are interested in meeting based on their needs and preferences.

  • We provide a list of entity Caregivers from which Clients may contact or request information.

  • We plan to enable Clients and Caregivers to identify mutual connections on social media networks.

  • We plan to offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates the payment by Clients to Caregivers via credit card or debit card. These payment-processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, Caregivers that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Bubbe’s Care enabling payment processing services through Stripe, you agree to provide Bubbe’s Care accurate and complete information about you, and you authorize Bubbe’s Care to share it and transaction information related to your use of the payment processing services provided by Stripe. Bubbe’s Care assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.

  • We enable Clients to track Caregivers via geo-location technology.

  • We enable both Clients and Caregivers to rate and review each other upon completion of the requested Professional Services.

  • We enable Clients and Caregivers to communicate via chat and phone, before, during and after an appointment.

 

            2.2. Limitation of Services.

 

Although we provide a medium connecting Clients and Caregivers, to find and provide Professional Services, we do not employ any Caregivers nor are we a party to any contracts for Professional Services. When Caregivers agree with Clients to provide Professional Services, the Clients and Caregivers of the Bubbe’s Care Platform are required to directly contract with each other.  It is up to the Caregivers to decide whether to provide Professional Services to Clients contacted through the Bubbe’s Care Platform. Clients are the potential employers of Caregivers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation, including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs.

 

We do not have control over the quality, timing, or legality of the Professional Services promised or  delivered by Caregivers, or of the integrity, responsibility or actions of Clients or Caregivers and we neither refer or recommend Clients or Caregivers nor make any representations about the suitability, reliability, timeliness, or accuracy of the Professional Services provided by Caregivers or the integrity, responsibility or actions of Clients or Caregivers whether in public, private or offline interactions.

 

Through the use of the Bubbe’s Care Platform, Caregivers warrant that they are licensed by the appropriate agency overseeing the performance of their Professional Services, and that each such Caregiver is not considered a “covered entity” under the Administrative Simplification standards adopted by HHS under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Each such Caregiver also warrants that he/ she or the company, entity, or other organization he/ she represents operates independently of Bubbe’s Care and is not under Bubbe’s Care control. Accordingly, we do not assume responsibility for the conduct of, or quality of the Professional Services provided by such Caregivers or the individuals the Caregivers employ or otherwise engage to provide Professional Services. Any issues concerning such Caregivers, their providers, or their Professional Services must be resolved directly with the Caregiver.

 

Client and Caregiver content is primarily User-generated, and we do not control or vet User-generated content for accuracy. Bubbe’s Care does not assume any responsibility for the accuracy or reliability of any information provided by Clients or Caregivers on or off the Bubbe’s Care Platform. We may offer certain Clients or Caregivers the opportunity to verify certain information such as their email address and/or cell phone number. If we indicate that a Client or Caregiver has verified certain information, it means that the User has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.

 

Bubbe’s Care is not responsible for the conduct, whether online or offline, of any Client, Caregiver, recipient of the Professional Services or any other User of the Bubbe’s Care Platform. Moreover, Bubbe’s Care does not assume and expressly disclaims any liability that may result from the use of information provided on the Bubbe’s Care Platform. All Users hereby expressly agree not to hold Bubbe’s Care (or Bubbe’s Care’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any Client, Client, Caregiver or other third party or for any information, instruction, advice or services which originated or transmitted through the Bubbe’s Care Platform, and, Bubbe’s Care and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

 

 

            2.3. User Responsibilities.

 

  • Each Client or Caregiver is a “User” for purposes of this Agreement.

  • To the extent a Client connects directly to a Caregiver for Professional Services the Client is required to set up an account as a Client.

  • Each User must create an account that enables such User to access the Bubbe’s Care Platform.

  • Any screening of a Client or Caregiver and his, her or its information by Bubbe’s Care 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 employer or care provider. Further, each User expressly acknowledge that Bubbe’s Care has no obligation to perform background checks, internal background checks, or verification checks on any Users. Users are solely responsible for interviewing, verifying information provided by, and selecting an appropriate Client or Caregiver for themselves or their family.

  • Each Client is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Caregiver they select as well as that Caregiver’s eligibility to work in the United States of America.

  • To access and connect to Clients through the Bubbe’s Care Platform, each Caregiver warrants that he, she, or it is licensed by the appropriate agency overseeing the performance of such Professional Services.

 

3.         Eligibility to Use the Bubbe’s Care Platform.

 

3.1. Representations and Warranties as to Eligibility.

 

By requesting to use, registering to use and/or using the Bubbe’s Care Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

 

  • You are at least 18 years old. If you do not meet the above age requirements, do not register to use the Bubbe’s Care Platform. Should we determine that you do not meet the age requirements for using the Bubbe’s Care Platform, your registration will be terminated immediately.

  • If you are a Caregiver providing Professional Services, that you will submit to a background check conducted by an independent third-party service as outlined in Section 3.2.1 and that you hold  all licenses required by law in the state where you perform such Professional Services.

  • Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.

 

3.2. Background Checks.

 

3.2.1. Caregiver Screening.  As a condition of participation in the Bubbe’s Care Platform, each Caregiver must agree to submit to a background check and 10-panel drug test. Bubbe’s Care uses an independent third-party service to check the backgrounds of each Caregiver and schedule, perform, and process drug tests. This background check service includes, but is not limited to, a sex offenders registry check, county, state, federal and national criminal records check, and domestic and international terrorist watchlist check. Bubbe’s Care also requires each Caregiver to submit to Bubbe’s Care a government-issued photo ID and a profile picture. Caregivers hereby give consent to Bubbe’s Care to conduct background checks as often as required in compliance with applicable law, including without limitation the Fair Credit Reporting Act. Although Bubbe’s Care performs background and identity checks on each Caregiver, the background check process performed on any Caregiver shall not be taken as confirmation that such Caregiver is who they claim to be.  Both the background check and drug testing process is conducted by an independent third party and Bubbe’s Care cannot and does not assume any responsibility for the accuracy or reliability of the identity/ background check information, drug test results, or any information provided through the third-party background check and drug testing service.

 

3.2.2. No Client Screening. Bubbe’s Care does not conduct screening or background checks on any Client or any other recipient of Professional Services for the purposes of allowing them to use the Bubbe’s Care Platform. Notwithstanding the above, Bubbe’s Care reserves the right to begin conducting such checks and screening of all Users at any time as it deems appropriate in its sole discretion, including but not limited to verification of identities, criminal and other background checks (at any national, State and local level as we deem necessary or appropriate). Bubbe’s Care also reserves all rights to use such third-party services to run such checks and processes as we deem appropriate in our sole discretion. By registering and using the Bubbe’s Care Platform, each User consents to Bubbe’s Care conducting one or multiple screening process(es) and/or background check(s) on such User or other Users that Bubbe’s Care deems advisable or necessary, and as otherwise may be required for compliance with federal and state laws and the Fair Credit Reporting Act. Any screening or background check process is not a substitute for your good judgment when interacting with other Users. At all times during the use of the Bubbe’s Care Platform, you must exercise caution and use your common sense, just as you would when interacting with any person with whom you do not know.

 

EACH USER ACKNOWLEDGES AND AGREES THAT BUBBE’S CARE IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. BUBBE’S CARE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING CAREGIVERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR OTHER SERVICES. ALL INTERACTIONS BETWEEN USERS ARE AT THE USER’S RISK WHETHER OR NOT BUBBE’S CARE CONDUCTS A BACKGROUND CHECK ON A USER OR ANY CATEGORY OF USER.

 

4.         Rules for Use of the Bubbe’s Care Platform.

 

            4.1. Registration, Posting, and Content Restrictions.

           

The following rules pertain to “Content,” defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Bubbe’s Care Platform, or that other Users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By posting any Content while using the Bubbe’s Care Platform, you agree, represent and warrant as follows:

           

  • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Bubbe’s Care Platform.

  • You will register your account in your own legal name, even if you are seeking care for another individual or family Client.

  • You are solely responsible for any Content that you post on or transmit to other Users of the Bubbe’s Care Platform. You will not post or permit to be posted through your account on the Bubbe’s Care Platform, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Bubbe’s Care where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Bubbe’s Care or to any other User of the Bubbe’s Care Platform, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post.

  • You understand and agree that Bubbe’s Care may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Bubbe’s Care violates these Terms of Service or which Bubbe’s Care determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Bubbe’s Care Platform or others.

  • You have the right, and hereby grant, to Bubbe’s Care, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Bubbe’s Care will not infringe or violate the rights of any third party.

  • Your use of the services, including but not limited to the Content you post on the Bubbe’s Care Platform, must be in accordance with any and all applicable laws and regulations.

  • Bubbe’s Care is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Bubbe’s Care Platform.

 

Opinions, advice, statements, offers, or other information or content made available on or through the Bubbe’s Care Platform, but not directly by Bubbe’s Care, are those of their respective authors. Such authors are solely responsible for such content. Bubbe’s Care does not: (i) guarantee the accuracy, completeness, or usefulness of any information on or available through the Bubbe’s Care Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or through the Bubbe’s Care Platform. Under no circumstances will Bubbe’s Care or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on or transmitted to or by any User of the Bubbe’s Care Platform; or (b) reviews or comments made about you on the Bubbe’s Care Platform User.

 

You agree that Bubbe’s Care has no obligation to remove any reviews or other information posted on the Bubbe’s Care Platform about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms of Service. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

 

Bubbe’s Care disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of the Bubbe’s Care Platform. Users hereby represent, understand and agree to hold Bubbe’s Care harmless from any claims, loss, or damage arising from any misstatements and/or misrepresentations made by or on behalf of them on this App or in any other venue.

 

            4.2. Exclusive Use.

 

If you are a Client, you may use your account only to find care for yourself or a dependent in your custody, your parents, or individuals for whom you are otherwise authorized to obtain the Professional Services. If you are a Caregiver, you may use your account only to find care jobs for yourself and/or your employees if you are the authorized representative of a company, entity, or organization. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

 

4.3. Prohibited Uses.

 

By using the Bubbe’s Care Platform, you agree that you will not under any circumstances:

 

  • Use the Bubbe’s Care Platform or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

  • Use the Bubbe’s Care Platform for any fraudulent or unlawful purpose, for any purpose not expressly intended by Bubbe’s Care or for the promotion of illegal activities;

  • Harass, abuse or harm another person or group, or attempt to do so;

  • Use another User's Bubbe’s Care account;

  • Provide false or inaccurate information when registering an account and using the services on the Bubbe’s Care Platform or communicating with other Users;

  • Attempt to re-register with Bubbe’s Care if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;

  • Interfere or attempt to interfere with the proper functioning of Bubbe’s Care services;

  • Make any automated use of the Bubbe’s Care Platform, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure or other components of the Bubbe’s Care Platform;

  • Bypass any robot exclusion headers or other measures we take to restrict access to the Bubbe’s Care Platform or use any software, technology, or device to scrape, spider, or crawl the Bubbe’s Care Platform or harvest or manipulate data (whether manually or through automated means);

  • Use the communication systems provided by or contacts made on the Bubbe’s Care Platform for any commercial solicitation purposes;

  • Publish or link to malicious content intended to damage or disrupt another User's browser or computer.

 

In order to protect our Users from prohibited activity, we reserve the right to take appropriate actions, which we deem appropriate in our sole discretion.

 

Should Bubbe’s Care find that you violated the terms of this Section or any terms stated herein, Bubbe’s Care reserves the right, at its sole discretion, to immediately terminate your use of the Bubbe’s Care Platform.

 

5.         Termination.

 

Bubbe’s Care reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Bubbe’s Care Platform, to remove your profile and/or any content posted by or about you from the Bubbe’s Care Platform, and/or to terminate your account with Bubbe’s Care, with or without notice for any reason or no reason in its sole discretion, including without limitation if Bubbe’s Care should determine that you are not eligible to use the Bubbe’s Care Platform, have violated any terms stated herein, are not suitable for participation as a User, have mis-used or mis-appropriated content on the Bubbe’s Care Platform, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Bubbe’s Care shall be under no obligation to provide you with a copy of any content posted by or about you on the Bubbe’s Care Platform. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

 

Following any termination of any individual’s use of the Bubbe’s Care Platform, Bubbe’s Care reserves the right to send a notice thereof to other Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.

 

6.         Privacy.

 

Bubbe’s Care uses the information you provide on the Bubbe’s Care Platform in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

 

7.         Links to and Plug-Ins from Other Websites or Media.

 

Links (such as hyperlinks) from the Bubbe’s Care Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, “Third Party Sites”) do not constitute the endorsement by Bubbe’s Care of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only.

 

Bubbe’s Care does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site and not by Bubbe’s Care’s Terms of Service and Privacy Policy.

 

YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE CONTENT AND USEFULNESS OF THE INFORMATION OBTAINED FROM THIRD PARTY SITES. BUBBE’S CARE EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD BUBBE’S CARE HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES THAT MAY APPEAR ON THE BUBBE’S CARE PLATFORM.

 

8.         Payment, Refund, and Cancellation Policy.

 

In order to utilize some Bubbe’s Care services or product offerings, the User of such services or product offerings must pay Bubbe’s Care either a recurring subscription, one-time, or other fees. In addition, the User is responsible for any state or local sales taxes associated with the services or product offerings purchased.

 

            8.1. Billing and Payment.

 

If you request a Bubbe’s Care paid subscription, you agree to pay Bubbe’s Care all subscription charges associated with the plan you subscribe to as described on the Bubbe’s Care Platform at the first time you subscribe and provide your payment information, and as subsequently modified by us thereafter from time to time. You also authorize Bubbe’s Care through the App Store (Apple Inc.) or Google Play Store (Alphabet Inc.), to charge your chosen payment method 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 plan you select. Bubbe’s Care 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 or product offerings we may offer for a fee, you authorize Bubbe’s Care to charge your chosen payment provider for the services and/or products you purchase. You agree that if Bubbe’s Care 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/products you purchase.

 

Any fees that Bubbe’s Care may charge a User for their use of the Bubbe’s Care Platform, are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Bubbe’s Care Platform, either planned, accidental or intentional, or any reason whatsoever.

 

Bubbe’s Care, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made directly to you, shall have no bearing whatsoever on your offer or contract. Bubbe’s Care may change the fees for the use of the Bubbe’s Care Platform, as we deem appropriate.


Users may be required to register with Stripe, agree to Stripe’s terms of service, and participate in a vetting process at Stripe’s request to set up their account with Stripe. By accepting these Terms of Service, each User agrees that such User has downloaded or printed, reviewed, and agreed to the Stripe Services Agreement. Please note that Bubbe’s Care is not a party to the Stripe Services Agreement and that you, Stripe, and any other parties listed in the Stripe Services Agreement are the parties to the Stripe Services Agreement. Bubbe’s Care has no obligation or liability to any User under the Stripes Services Agreement or any other agreement between any User and Stripe.

 

            8.2. Automatic Subscription Renewal and Cancellation of Subscription.

 

BUBBE’S CARE PAID SUBSCRIPTIONS WILL RENEW INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION 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, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.

 

You may cancel your paid Client subscription at any time by contacting the App Store (Apple Inc.) or Google Play Store (Alphabet Inc.). If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method may be charged, and you may be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.

 

8.3. Cancellations and No-Shows.

 

 

8.4. Cancellation/No-Show Actions Leading to Suspension, Deactivation, and/or Permanent Termination of Accounts.

 

8.4.1. Cancellations and No Shows.

 

8.4.2. Negative Ratings. Bubbe’s Care may suspend or deactivate your account if your overall rating falls below 2 stars.

 

8.4.3. Fraudulent Activity, Shipments of Prohibited Items, Repeat Infringers. Bubbe’s Care may suspend, deactivate and/or permanently terminate and delete your account if you or your account is the subject of suspected fraudulent or illegal activity. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend, deactivate or permanently terminate and delete the accounts of any User who may be a repeat infringer of these Terms of Service or any of our other terms or policies.

 

8.4.4. Inactive Accounts. Bubbe’s Care reserves the right to terminate any User’s account that has been inactive for 180 days.

 

8.4.5. Reactivation. Bubbe’s Care may reactivate any User’s account suspended or deactivated by Bubbe’s Care in its sole discretion.

 

WITHOUT LIMITING ANY OTHER REMEDIES, ALL ACTIONS TAKEN WITH RESPECT TO THE SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN THE SOLE DISCRETION OF BUBBE’S CARE, WITH OR WITHOUT NOTICE. FURTHER, BUBBE’S CARE MAY, WITH OR WITHOUT NOTICE TO YOU, AND WITHOUT LIABILITY TO YOU SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNTS OR ACCESS TO THE BUBBE’S CARE PLATFORM, OR WITHHOLD ANY APPOINTMENT PAYMENT, IF YOU ARE, OR BUBBE’S CARE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE BUBBE’S CARE PLATFORM. YOU CAN LOSE YOUR USER NAME AND USER PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATIONS, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE BUBBE’S CARE PLATFORM, AND BUBBE’S CARE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

 

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD PAYMENTS TO CAREGIVERS, LIMIT, SUSPEND OR TERMINATE YOUR USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE BUBBE’S CARE PLATFORM, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING THE BUBBE’S CARE PLATFORM IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS OF SERVICE OR ANY OTHER POLICY OF BUBBE’S CARE.

 

            8.5. Refund Policy.

 

Except as set forth in these Terms of Service or as described elsewhere on the Bubbe’s Care Platform at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid subscription that is automatically renewed, we will refund the most recent charge to your credit card if: (i) you have not used your subscription during the current subscription renewal period and (ii) you downgrade or cancel your subscription and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to Bubbe’s Care or to your credit card company. In addition, Bubbe’s Care reserves the right to immediately downgrade or cancel your subscription after payment of your refund. Bubbe’s Care does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.

 

9.         Release of Liability for Conduct and Disputes.

 

Although we provide a medium connecting Clients, Clients, and Caregivers, to find and provide Professional Services, we do not employ any Caregivers nor are we a party to any contracts for Professional Services. When Caregivers agree with Clients to provide Professional Services to Clients, the Clients and Caregivers of the Bubbe’s Care Platform are required to directly contract with each other. When a Client agrees on the provision of Professional Services from an individual, company or agency Caregiver, such agreement is solely between the Client and Caregiver and all Caregivers operate independently of Bubbe’s Care and are not under our control.

 

Any issues concerning the conduct of a Client, Client or Caregiver including, without limitation, the services received by the Client or Client or payment due to the Caregiver, must be resolved directly by the Client and the Caregiver. Bubbe’s Care will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or 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 issues.

 

By using the Bubbe’s Care Platform, you hereby represent, understand, and expressly agree to hold Bubbe’s Care harmless from  any claim, controversy, loss, expense, or damage hat may arise out of the actions of or relationship between you and any Client, , Caregiver, or other individuals or entities who access the Bubbe’s Care Platform. You agree to take reasonable precautions in all interactions with Clients,, Caregivers, or other individuals or entities who access the Bubbe’s Care Platform, particularly if you decide to meet offline. By using the Bubbe’s Care Platform, you agree to report immediately by electronic correspondence to Bubbe’s Care, any alleged improprieties of any Users.

 

10.       Disclaimers; Limitations; Waivers; Indemnification.

 

            10.1. No Warranty.

 

The information and materials contained on the Bubbe’s Care Platform, 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 Professional Services, but not directly by Bubbe’s Care, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. BUBBE’S CARE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF SUCH 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 BUBBE’S CARE; (3) WARRANT THAT YOUR USE OF THE BUBBE’S CARE PLATFORM 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) MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUBBE’S CARE 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 SUCH INFORMATION AND MATERIALS.

 

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, BUBBE’S CARE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.

 

WITH RESPECT TO CORPORATE CAREGIVERS, THEIR INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CAREGIVER, BUBBE’S CARE OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL BUBBE’S CARE OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

 

            10.2. Assumption of Risk.

 

You assume all risk when using the Bubbe’s Care Platform and the Professional Services, including but not limited to all of the risks associated with any online or offline interactions with Users of the Bubbe’s Care Platform or providers of the Professional Services. You agree to take all necessary precautions when interacting with other site visitors or Users.

 

10.3. Limitation of Liability.

 

10.3.1. Incidental Damages and Aggregate Liability. In no event will Bubbe’s Care be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Bubbe’s Care Platform or access the Professional Services, including without limitation, damages related to any information received from the Bubbe’s Care Platform, removal of content from the Bubbe’s Care Platform, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Bubbe’s Care Platform or the Professional Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Bubbe’s Care, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL BUBBE’S CARE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE PROFESSIONAL SERVICES OR THE BUBBE’S CARE PLATFORM, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID BUBBE’S CARE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.

 

10.3.2. No Liability for non-Bubbe’s Care Actions. IN NO EVENT WILL BUBBE’S CARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE BUBBE’S CARE PLATFORM OR THE PROFESSIONAL SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE BUBBE’S CARE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE BUBBE’S CARE PLATFORM, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE BUBBE’S CARE PLATFORM OR PROFESSIONAL SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

 

In addition to the preceding paragraphs of this section and other provisions of these Terms of Service, any advice that may be posted on the Bubbe’s Care Platform is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Bubbe’s Care makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Bubbe’s Care Platform. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 

10.4. Indemnification.

 

By agreeing to these Terms of Service, Users of the Bubbe’s Care Platform agree to indemnify, defend and hold harmless Bubbe’s Care and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Bubbe’s Care and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Bubbe’s Care Platform, (ii) use of the Bubbe’s Care Platform by you in violation of these Terms of Service or in violation of any applicable law, or (iii) any relationship or agreement formed with a Client,, or Caregiver using the Bubbe’s Care Platform. Each User further agrees that User will cooperate as reasonably required in the defense of such claims. Bubbe’s Care and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Bubbe’s Care. User further agrees to hold harmless Bubbe’s Care and its Affiliates from any claim, loss, expense, and damage arising from a third party’s use of information or materials of any kind that such User User posts to the Bubbe’s Care Platform.

 

11.       Limited License; Intellectual Property Rights.

 

The Bubbe’s Care Platform is licensed, not sold, to you for use only under these Terms of Service. Subject to your complete and ongoing compliance with the terms and conditions of these Terms of Service, Bubbe’s Care hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sublicensable license to use the App on compatible, authorized devices that you own or control solely for your own use or for the person or entity on whose behalf you are authorized to act.

 

You may not modify, alter, reproduce, or distribute the Bubbe’s Care Platform either in whole or in part. You may not directly rent, lease, lend, sell, redistribute, or sublicense any portion of the Bubbe’s Care Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Bubbe’s Care Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any service provided by a third party), nor attempt to disable or circumvent any security or other technological measure designed to protect the Bubbe’s Care Platform or any content available through the Bubbe’s Care Platform.

 

The Bubbe’s Care Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Bubbe’s Care, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

You must not:

 

  • Modify copies of any materials from the App.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text in the App or any other component of the Bubbe’s Care Platform.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App.

 

Except as permitted herein, you must not access or use for any commercial purposes any part of the Bubbe’s Care Platform or any services or materials available through the Bubbe’s Care Platform.

 

If you breach these license restrictions or otherwise exceed the scope of the licenses granted in these Terms of Service, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, your right to use the Bubbe’s Care Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Bubbe’s Care Platform or any content on the Bubbe’s Care Platform is transferred to you, and Bubbe’s Care reserves all rights not expressly granted. Any use of the Bubbe’s Care Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

 

12.       Copyright Notices/Complaints.

 

It is the policy of Bubbe’s Care to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from the Bubbe’s Care Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Bubbe’s Care Platform by contacting Bubbe’s Care’s copyright agent (identified below) and providing the following information:

 

  • 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.

  • 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.

  • Your name, address, telephone number and (if available) e-mail address.

  • 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.

  • 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.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Bubbe’s Care’s contact information for notice of alleged copyright infringement is:

 

Email: support@bubbescare.com

 

Or via Mail:

Bubbe’s Care LLC

PO Box 28113

Atlanta, Georgia 30358-0113

 

13.       The App/Mobile Devices.

 

The Bubbe’s Care Platform may allow you to access our services, download our App, upload content to the Bubbe’s Care Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

 

You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

 

Bubbe’s Care is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Bubbe’s Care reserves the right to terminate the use of the App or any other aspect of the Bubbe’s Care Platform should you be using the App or the Bubbe’s Care Platform with an incompatible or unauthorized device.

 

Through use of the Bubbe’s Care Platform, all Users consent to automatically opt-in to receive SMS messaging and must agree to receive SMS messages in order to use the Bubbe’s Care Platform. A User can request, accept and cancel appointments for Professional Services via SMS and receive notifications regarding an appointment, as determined by Bubbe’s Care. Message and data rates may apply.

 

If you change your mobile phone service provider, all SMS messaging services from Bubbe’s Care may be deactivated and you will need to re-enroll in the SMS notification service. Bubbe’s Care reserves the right to cancel the notification service at any time. 

 

14.       Agreement to Arbitrate.

 

            14.1. Informal Negotiations.

 

To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Bubbe’s Care, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Bubbe’s Care may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Bubbe’s Care. Bubbe’s Care’s address for such notices is: support@bubbescare.com and/or by mail to Bubbe’s Care, LLC, PO Box 28113, Atlanta, Georgia 30358-0113.

 

14.2. Arbitration.

 

If a Dispute is not resolved through Informal Negotiations within 30 days from receipt of written notice specified in Section 14.1, you and Bubbe’s Care agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section 14.4 below.

 

14.3. Excluded Disputes.

 

You and Bubbe’s Care agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.

 

14.4. Waiver of Right to be a Plaintiff or Client in a Class Action.

 

You and Bubbe’s Care agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

 

14.5. Rules/Standards Governing Arbitration Proceeding.

 

A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in Fulton County, Georgia, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

 

14.6. Severability.

 

You and Bubbe’s Care agree that if any portion of this section entitled “Agreement to Arbitrate” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 16 will be given full force and effect.

 

15.       Governing Law and Jurisdiction.

 

These Terms of Service, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Georgia, including Georgia’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 14, the Agreement to Arbitrate. For all Disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction and venue of a state or federal court located within Fulton County, Georgia.

 

16.       Miscellaneous.

 

Nothing in this Agreement shall be construed as making any party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. No party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. 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. Each Affiliate (as defined in Section 2.2) is expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the respective party hereto.

 

17.       Severability.

 

If a court decides that any term or provision of this Agreement is 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.

 

18.       Contact Information.

 

If you have any questions or need further information as to the Bubbe’s Care Platform, or wish to notify Bubbe’s Care as to any matters relating to the Bubbe’s Care Platform please contact Bubbe’s Care at:

 

Email: support@bubbescare.com

 

Or via Mail:

Bubbe’s Care LLC

PO Box 28113

Atlanta, Georgia 30358-0113

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE BUBBE’S CARE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.