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THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH DAYBEAR, INC. OFFERS YOU ACCESS TO THE DAYBEAR PLATFORM AND NETWORK.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Daybear, Inc. (the “Company”, “Daybear,” “we,” “us” or “our”), a Delaware corporation, governing your use of the Daybear network, application, website, and technology platform (collectively, the “Daybear Platform”).
The Daybear Platform provides a marketplace where persons who seek child care for their children (“Families”, “Parents”, “Guardians”) can be matched with persons providing child care at their homes (“Caregivers”). Caregivers and Family are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Daybear Platform. For purposes of this Agreement, the child care services provided by Caregivers to Families that are matched through the Platform shall be referred to collectively as the “Services”.
DAYBEAR DOES NOT PROVIDE CHILD CARE SERVICES, AND DAYBEAR IS NOT A CHILD CARE PROVIDER IT IS UP TO THE CAREGIVER TO DECIDE WHETHER OR NOT TO PROVIDE CHILD CARE TO A FAMILY CONTACTED THROUGH THE DAYBEAR PLATFORM, AND IT IS UP TO THE FAMILY TO DECIDE WHETHER OR NOT TO ACCEPT CHILD CARE FROM ANY CAERGIVER CONTRACTED THROUGH THE DAYBEAR PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE DAYBEAR PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH CHILD CARE SERVICE PROVIDED BY A CAREGIVER TO A FAMILY SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the Daybear Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE DAYBEAR PLATFORM OR THE SERVICES.
You may not use Daybear if you are under 13. If you are between the ages of 13 and 17, you must have parental consent to use daybear.com. If you are required to register as a sex offender in any jurisdiction, you may not use Daybear. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. Daybear does not make any recommendation about Parents or Providers. Daybear exists to connect Parents with Providers. All Users must use their own judgment, discretion, and due diligence in making any decision. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Providers or any other Users of this Site are not the responsibility of Daybear. Daybear.com does not take part in the interactions between Users and, therefore, disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Site. Should Daybear become aware that an eligibility condition is not met or appears not to be met, we may terminate the User without notice. By using the Site, Providers expressly agree they are in compliance and have met any and all local, state, and federal regulations and laws pertaining to the services they provide.
The privacy of our Users is important and we encourage and expect that our Users have read our Privacy Policy.
Daybear does not make any recommendation about Parents or Providers. Daybear exists to connect Parents and Providers. All Users must use their own judgment, discretion, and complete their own due diligence before making any decision or entering into any agreement or transaction. All agreements, transactions, or contracts are between Users; Daybear is in no way involved in, or a party to, any such agreement. By using the Site, all Users agree not to hold Daybear for any claims, liability, damages, known or unknown, or disputes that arise. Daybear will make a good faith effort to monitor User profiles, actions, and comments and suspend or terminate any User not complying with the terms of this Site. Users agree to report any suspected improprieties to Daybear.com immediately through the flagging system on the Site or via electronic correspondence at info@daybear.com.
Any usage of the Site, by any User, that Daybear finds inappropriate and/or offensive, in its sole discretion, may result in immediate suspension or termination of the access and use of this Site. By using or accessing Daybear, you represent, warrant and agree that you will not:
All Users should monitor children’s use of the Internet. Children under 13 should not use the Site. Users must identify their age during the registration process. Daybear.com will not knowingly or intentionally collect any information from children under 13. We take the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, Daybear does not assume any responsibility for any misrepresentations regarding your age or parental consent. Should the Daybear team believe a User has provided false or otherwise inaccurate information, we reserve the right to terminate that User.
Users are responsible for updating and providing accurate and complete profile information. Daybear.com is not responsible for any inaccurate, untimely, or incomplete information or any claims arising from such information. Users, by using Daybear.com, agree that they will not post to the Site, or otherwise share with other members:
Daybear does not pre-screen, review, edit or approve any User Content. The Daybear community may flag inappropriate content and Daybear may, in its sole discretion, remove or disable access to any User Content.
"User Content" means any material that you Post on or through Daybear. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on the Site.
By Posting or otherwise sharing any information on Daybear, Users represent and warrant that they are the owner or otherwise have the right to publicly distribute the information or materials. Any submissions Posted or shared will be considered public, and Daybear will not be responsible for the action of Users with any public information.
Providers are expected to keep all information updated and accurate. All data for inspections and relevant state licenses, where possible, is sourced from the relevant and appropriate state or local governing organization. Disputes of incorrect or inaccurate data must be handled with the State or Local organization. Daybear does not hold claim to that information, the accuracy, or its timeliness.
Payment processing services for Caregivers and Families on Daybear Platform 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 this agreement or continuing to operate as a Caregiver or Family on Daybear Platform, you 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 Daybear Platform enabling payment processing services through Stripe, you agree to provide Daybear Platform accurate and complete information about you and your business, and you authorize Daybear Platform to share it and transaction information related to your use of the payment processing services provided by Stripe.
By using this Site, you agree that should you have a dispute with another User, or Users, you release Daybear (and our directors, investors, subsidiaries, employees, and partners) from any and all claims, demands, or damages. Should you and another User decide to contract and/or exchange services you understand and agree that the agreement is solely between you and the other User and in no way involves Daybear. Should you meet other Users offline or in person, you agree to take reasonable and necessary precautions. For users under 18 years of age, you agree that any offline meeting or interaction has the expression permission of your parent or guardian.
Users understand that any external link present on the site, including but not limited to advertisements, brands, framed sites and links, do not constitute an endorsement by Daybear and Daybear has no control, ownership, or responsibility for the content or information provided. Links are presented as a convenience for Users and Users are responsible for reviewing and assessing the veracity of any content, information, products, services, or claims presented.
Users agree to not hold Daybear liable for any misrepresentations, claims, or damages from external links.
Any and all commercial use, excluding Providers profiles, of Daybear is expressly prohibited without the written consent of Daybear. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.
You need to register and create a Daybear Login ID to become a Member. You are responsible for keeping your Daybear Login ID and password secure. Daybear Login IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Daybear Login ID. Daybear reserves the right to suspend or terminate User accounts that violate the Terms of Service or are inactive for an extended period of time. You may not use anyone else's account or Daybear Login ID at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Daybear will not be liable for any loss that you may incur as a result of someone else using your Daybear Login ID or password, either with or without your knowledge. However, you may be held liable for losses incurred by Daybear or another party due to someone else using your Daybear Login ID or password. Be careful with your login ID and passwords.
Daybear may terminate or suspend your right to use the Service at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, Daybear may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Daybear posted through the Service from time to time, or if Daybear otherwise finds that you have engaged in inappropriate and/or offensive behavior. In addition to terminating or suspending your account, Daybear reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
YOUR USE OF THE DAYBEAR PLATFORM, THIRD PARTY SITES, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE DAYBEAR PLATFORM, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAYBEAR AND ITS SUCCESSORS, CONTRACTORS, PARTNERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. DAYBEAR AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE DAYBEAR PLATFORM, PLATFORM CODE, THIRD PARTY SOFTWARE, NON DAYBEAR CODE OR CONTENT (INCLUDING CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DAYBEAR PLATFORM OR THE SERVER THAT MAKES THE DAYBEAR PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAYBEAR MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE DAYBEAR PLATFORM OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DAYBEAR PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAYBEAR OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE DAYBEAR PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERM
You agree to indemnify, defend, and hold harmless Daybear, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
Daybear reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Daybear. Daybear will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
By using the Site, Users agree not to hold Daybear, our agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release Daybear and its agents, officers, directors, corporate partners, and employees from claims, demands and damages. The Site is provided "AS IS" and Daybear is not responsible for any technical malfunction of hardware or software including injury or damage to a User or any other computer resulting from participating in or downloading from the Site. Any information contained within the site is intended for informational purposes only. It does not substitute, replace, or be otherwise in lieu of professional advice for your individual situation. Always seek proper counsel and advice from the proper expert including, but not limited to, medical, legal, and financial.
In no event will the total aggregate liability to you of Daybear or their licensors or partners for any and all damages, losses, claims for causes of action arising out of or relating to these terms or your use of the Site, including interactions with other Users of the Site, exceed the amount paid by you, if any, to Daybear during the twelve (12) months immediately prior to the day that in which the alleged claim or action occurred or $250, whichever is greater.
Daybear.com grants Users a nonexclusive, revocable right to use the Site provided that Users comply with the Terms of Service and Privacy Policy, do not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or modify or attempt to modify the Site in any manner or form.
Except as set forth in the paragraph below, you agree any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, the arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Either you or Daybear may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights of property for you or Daybear pending the completion of arbitration. With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
If you are a copyright owner or a direct agent thereof and believe that any User submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent at 350 Townsend St, #426, San Francisco, CA 94107 with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
As a User of Daybear, you are solely responsible for the User Content that you Post on the Site. You hereby grant Daybear an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute, any User Content you Post on or in connection with Daybear or the promotion thereof subject only to your privacy settings and to use your name, likeness and image for any purpose, including commercial or advertising, in connection with Daybear or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
Except for User Content, all materials, content and trademarks on Daybear are the property Daybear and/or its partners or licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. The service marks and trademarks of Daybear are owned by Daybear, Inc. Any other partner or affiliate trademarks, service marks, and logos on the Site are the property of their respective owners. Users agree not to in anyway use, sell, license, distribute, copy, modify, transmit, adapt or make any unauthorized use of the above mentioned material without the express written permission of Daybear.
The "Daybear Service" means the features, services and properties that Daybear makes available through;
Daybear's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You may not delegate your duties under this Agreement or assign this Agreement. Daybear may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.
This Agreement, which incorporates the Daybear Privacy Policy and the Guidelines, constitutes the entire agreement between you and Daybear and governs your use of Daybear, superseding any prior agreements (whether written or oral) between you and Daybear regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Daybear may provide you with notices, including those regarding changes to this Agreement or any of Daybear terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four (24) hours after email is sent, unless Daybear has previously been notified that the email address is invalid.
If you have any questions, please contact us at support@daybear.com.
Last updated: April 1, 2016