These Terms of Service constitute a legally binding agreement (the “Terms”) between you and BetterCare, Inc. (“BetterCare, Inc.,” “we,” “us” or “our”) governing your use of BetterCare, Inc. applications, websites, contents, products, and/or services (the “Services”). By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully.
BetterCare, Inc. provides an online marketplace that allows Schools and Childcare Centers (“Schools”) and Teachers and Classroom Facilitators (“Educators”) to connect with each other for job matching purposes using Services made available by BetterCare, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “BetterCare, Inc.”). BetterCare, Inc. has no control over the conduct of Educators or Schools, or any other users of the Services.
Please be advised: These Terms contain provisions that govern how claims that you and BetterCare, Inc. have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against BetterCare, Inc. to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
BetterCare, Inc. may amend the Terms and modify or update the Services from time to time. Your continued use of the Services after any such changes are posted here will constitute your acceptance of the amended Terms.
By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services.
YOUR REPRESENTATIONS AND WARRANTIESYou represent and warrant that you are at least 18 years old and legally entitled to enter these Terms, and that you have the authority and capacity to enter into and abide by these Terms.
You further agree and warrant that:
Your Information. All information that you provide to BetterCare, Inc. or through the Services is true and accurate, and you will maintain that information up-to-date. You will provide us with whatever proof of identity we may reasonably request. You will keep secure and confidential your account password or any identification we provide you which allows access to the Services. You agree that all laws, licenses, certifications, rules, and regulations required of you to act in the field of Education are up to date and honored in accordance with your states requirements.
Legal Compliance. You will comply with all applicable state, federal, and local laws while using the Services. You will not copy or distribute the Services without written permission from BetterCare, Inc.
Access and Use. You may only access the Services using authorized means. You will not use the Services for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. It is your responsibility to ensure you have the correct licenses, insurances, and certifications for use with the Services. You will only use an access point or data account that you are authorized to use. BetterCare, Inc. reserves the right to terminate your use of the Services if you use an incompatible or unauthorized device.
Protection of Services and Users. You will not:
Create Internet “links” to the Services or “frame” or “mirror” any software on any other server or wireless or Internet-based device.
Reverse engineer or access the Services (except as permitted by applicable law) in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services.
Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the Services.Send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights.
Send or store through or on the Services material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.Interfere with or disrupt the integrity or performance of the Services or the data contained therein
.Attempt to gain unauthorized access to the Services or its related systems or networks.
Try to harm the Services in any way.
LICENSE GRANTSubject to your compliance with these Terms, BetterCare, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own personal, non-commercial purposes. All rights not expressly granted to you are reserved by BetterCare, Inc. and its licensors.
SCHOOLS AND CHILDCARE FACILITIES Requirements (“SCHOOLS/CHILDCARE FACILITIES”)SCHOOLS/CHILDCARE FACILITIES warrant and agree that: They are fully licensed to practice. Any licenses, certifications, and insurances required by the State, Department of Health or Department of Education are in compliance and up to date. The Services provided by BetterCare, Inc. are as a third party provider. Any insurance required by the Schools/Childcare Facilities will be applied to the Educators in the means and manners commonly associated with employees.
PAYMENT TERMSYou understand that use of the Services may result in charges to you for the services you receive as a School. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by BetterCare, Inc. All charges are due immediately and payment will be facilitated by BetterCare, Inc. using the preferred payment method designated in your BetterCare, Inc. account, after which BetterCare, Inc. will send you a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that BetterCare, Inc. may use a secondary payment method in your account, if available.
As between you and BetterCare, Inc., BetterCare, Inc. reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services at any time in BetterCare, Inc’s sole discretion. BetterCare, Inc. will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your BetterCare, Inc. account regardless of your awareness of such charges or the amounts thereof. BetterCare, Inc. may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you.
CONSENT TO AUTODIALED TEXT MESSAGES AND PHONE CALLSYou agree that BetterCare, Inc. may contact you by autodialed text messages and phone calls with information about the Services, your account, and with marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Services. In the event you change or deactivate your mobile telephone number, you agree to promptly update your BetterCare, Inc. account information to ensure that your messages are not sent to the person that acquires your old number.
CONSENT TO CALL RECORDINGYou agree that any phone calls to or from BetterCare, Inc. may be monitored or recorded for quality assurance purposes.
BETTERCARE, INC. INTELLECTUAL PROPERTYBetterCare, Inc. alone (and its licensors, where applicable) shall own all of the right, title and interest (including all related intellectual property rights), in and to the past, present, and future versions of the Services and all content therein. This content shall include, but is not limited to all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, materials, technology, interactive features, the “look and feel” of the Services, the compilation and arrangement of the Services, BetterCare, Inc. trademarks, all copyrightable material (including source code and object code) and derivative works or enhancements of any of the above, unless ownership rights remain with a user as part of a User Submission, as described in the User Content section below.
BetterCare, Inc. alone (and its licensors, where applicable) shall also own all of the right, title, and interest (including all related intellectual property right), in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
THIRD PARTY INTERACTIONSDuring your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. BetterCare, Inc. and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. BetterCare, Inc. does not endorse any sites on the Internet that are linked through the Services, and in no event shall BetterCare, Inc. or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and BetterCare, Inc. disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
BetterCare, Inc. may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. BetterCare, Inc. may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
INDEMNIFICATIONBy entering into these Terms and using the Services, you agree, to the fullest extent permitted by applicable law, that you shall defend, indemnify and hold BetterCare, Inc., its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
a. your violation or breach of any term of these Terms or any applicable law or regulation,
b. your violation of any rights of any third party, including Educators;
c. the actions of associated employees; or
d. your use or misuse of the Services.
DISCLAIMER OF WARRANTIESBETTERCARE, INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. BETTERCARE, INC. DOES NOT REPRESENT OR WARRANT THAT:
a. THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,
b. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
c. ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
d. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
e. ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR
f. THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BETTERCARE, INC. BETTERCARE, INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INTERNET DELAYSBETTERCARE, INC’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BETTERCARE, INC. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITYBETTERCARE, INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BETTERCARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BETTERCARE, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN A SCHOOL/CHILDCARE FACILITY AND ANY EDUCATOR, EVEN IF BETTERCARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BETTERCARE, INC. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BETTERCARE, INC.’S REASONABLE CONTROL. IN NO EVENT SHALL BETTERCARE, INC.’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
BETTERCARE, INC’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH EDUCATORS, BUT YOU AGREE THAT BETTERCARE, INC. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY EDUCATORS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
NOTICEBetterCare, Inc. may give notice by means of a general notice on the Services, electronic mail to your email address on record in BetterCare, Inc’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in BetterCare, Inc’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after sending. You may give notice to BetterCare, Inc. (such notice shall be deemed given when received by BetterCare) by sending an electronic mail message to BetterCare, Inc. at: email@example.com
ASSIGNMENTThese Terms may not be assigned by you without the prior written approval of BetterCare, Inc. but may be assigned at any time by BetterCare, Inc. to:
i. a parent or subsidiary
ii. an acquirer of assets
iii. a successor by merger
Any purported assignment in violation of this section shall be void.
TERM AND TERMINATION OF TERMSThese Terms are effective upon your access or use of the Services. You or BetterCare, Inc. may terminate your participation in the Services at any time, for any reason and BetterCare, Inc. may prohibit your use of the Services at any time in its sole discretion. These Terms, and any subsequent modification of these Terms, shall remain in effect at all times after you or BetterCare, Inc. terminate your participation or access to the Services.
DISPUTES/MANDATORY INDIVIDUAL ARBITRATIONAny dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The Federal Arbitration Act and federal arbitration law apply to this agreement.
“Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with BetterCare, Inc., the threatened or actual suspension, deactivation or termination of your account with BetterCare, Inc., payments made by you or any payments made or allegedly owed to you, any promotions or offers made by BetterCare, Inc., any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered legal team. Payment of all filing, administration and arbitrator fees will be governed by the associated state laws/rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BetterCare, Inc. will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
CHOICE OF LAWExcept as provided above in the DISPUTES/MANDATORY INDIVIDUAL ARBITRATION section, these Terms will be governed by the laws of Delaware without regard to choice of law principles. This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement and does not create any other substantive right to non-Delawarians to assert claims under Delaware law whether by statute, common law, or otherwise.
GENERALNo joint venture, partnership, employment, or agency relationship exists between you, BetterCare, Inc. or any third party provider as a result of these Terms or use of the Services.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of BetterCare, Inc. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BetterCare, Inc. in writing.
These Terms comprise the entire agreement between you and BetterCare, Inc. and supersedes all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties will replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms.