Terms & Conditions

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Welcome to our terms and conditions and terms of use. 

We promise that our terms and conditions are nice and easy to read for all users. 

Most of all, we promise to ensure that they are fair. Thank you for checking them out!

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FamilyPod™ is owned and built by NannyPod USA Incorporated. All Rights Reserved. NannyPod™.

TERMS AND CONDITIONS | TERMS OF USE

THIS FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE” OR “TERMS AND CONDITIONS”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OPERATOR OF THIS WEBSITE OR APP AND THE AFFILIATED FAMILYPOD MOBILE APPLICATION (HEREAFTER, “FAMILYPOD,” “WE,” “US” OR “OUR”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE AND ACCESS TO FAMILYPODUSA.COM, FAMILYPODGLOBAL.COM, AND THE FAMILYPOD MOBILE APPLICATION (COLLECTIVELY REFERRED TO AS THE “WEBSITE OR APP” OR “SERVICE”). THE TERMS APPLY TO ALL USERS OF THE WEBSITE OR APP, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR APP, OR THOSE WHO REGISTER AN ACCOUNT. BY USING OR ACCESSING THE WEBSITE OR APP, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE KINDLY DO NOT USE THE APP, WEBSITE OR APP OR SERVICE. THANK YOU.

NOTICE OF FEES: 

YOU CAN CANCEL YOUR RECURRING SUBSCRIPTION AT ANYTIME WITH NO ONGOING FEES. HOWEVER, PLEASE NOTE THERE ARE NO REFUNDS UNDER ANY CIRCUMSTANCES. IF YOU USE FAMILYPOD FOR SERVICES, YOU AGREE TO OUR SCHEDULE OF FEES AND SUBSCRIPTION FEES LISTED IN THIS LINK: HTTPS://WWW.FAMILYPODUSA.COM/ AND HTTPS://WWW.FAMILYPODGLOBAL.COM/  PLEASE KINDLY NOTE THAT THE FEE SCHEDULE AND SUBSCRIPTION FEES ARE SUBJECT TO CHANGE AT ANYTIME. WE WILL NOTIFY YOU IN ADVANCE IN THE APP AND OR VIA EMAIL IF WE PLAN TO CHANGE OUR FEES FOR YOUR CONVENIENCE, THANK YOU.

CANCELLATION OF ANY SUBSCRIPTION FEE IS REQUIRED IN ADVANCE OF THE RECURRING NEXT BILLING CYCLE BY AT LEAST A MINIMUM OF 24 (TWENTY FOUR) HOURS. IN ADDITION, YOU MUST CANCEL YOUR RECURRING SUBSCRIPTION BY CLICKING CANCEL SUBSCRIPTION AT THE BOTTOM OF OUR WEBSITE OR APP OR IN THE APP. THANK YOU. IF YOU SIGN UP FOR A SUBSCRIPTION, YOU AGREE TO PAY ALL SUBSCRIPTION CHARGES ASSOCIATED WITH USING THE APP YOU SUBSCRIBE TO AS DESCRIBED AT THE TIME YOU SUBSCRIBE AND PROVIDE YOUR PAYMENT INFORMATION. YOU ALSO AUTHORIZE FAMILYPOD, OR A THIRD-PARTY PAYMENT PROCESSOR THAT WORKS ON OUR BEHALF, 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. FAMILYPOD RESERVES THE RIGHT TO CORRECT ANY ERRORS OR MISTAKES THAT IT MAKES EVEN IF IT HAS ALREADY REQUESTED OR RECEIVED PAYMENT. YOU AGREE THAT IF FAMILYPOD ALREADY HAS YOUR CREDIT CARD ON FILE AS A RESULT OF PRIOR PURCHASES, WE MAY CHARGE THAT CREDIT CARD FOR ANY ADDITIONAL SERVICES YOU PURCHASE.

FAMILYPOD PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE 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 WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED.

YOU MAY CANCEL YOUR PAID MEMBERSHIP SUBSCRIPTION AT ANY TIME BY FOLLOWING THE INSTRUCTIONS IN THE APP OR ON YOUR ACCOUNT SETTINGS PAGE. 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 WILL BE CHARGED, AND YOU WILL 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.WE MAY OFFER LIMITED-TIME FREE OR REDUCED-PRICE TRIAL SUBSCRIPTIONS FROM TIME TO TIME. IF YOU SIGN UP FOR A FREE OR REDUCED-PRICE TRIAL SUBSCRIPTION, UNLESS YOU CANCEL BEFORE THE EXPIRATION OF THE FREE OR REDUCED-PRICE TRIAL PERIOD, YOU WILL BE CHARGED THE PRICE THEN IN EFFECT FOR A SUBSCRIPTION TO THE SERVICE, UNLESS OTHERWISE INFORMED BY FAMILYPOD AT THE TIME OF ORIGINAL SUBSCRIPTION. IF YOU DO NOT WANT TO CONTINUE WITH THE SERVICE AFTER THE EXPIRATION OF THE FREE OR REDUCED-PRICE TRIAL PERIOD, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE YOU ARE CHARGED. EXCEPT AS SET FORTH IN THESE TERMS OR AS DESCRIBED ON THE SERVICES AT THE TIME YOU MAKE A PURCHASE, ALL PAYMENTS FOR SERVICES ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED SERVICES OR CANCELLATIONS.

NOTICE OF AUTOMATIC RENEWAL: 

PLEASE NOTE THERE ARE NO REFUNDS UNDER ANY CIRCUMSTANCES. IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT FAMILYPOD’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE “PAYMENTS” SECTION BELOW.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.

1. ACCESS AND COMPLIANCE

BY ACCESSING THE WEBSITE OR APP, YOU AGREE TO BE BOUND BY THE TERMS OF USE, ALL APPLICABLE LAWS AND REGULATIONS AND THAT YOU WARRANT AND REPRESENT THAT YOU ARE LEGALLY ENTITLED TO DO SO AND ARE ABIDING BY ALL APPLICABLE LAWS AND REGULATIONS IN THE JURISDICTION IN WHICH YOU RESIDE. YOU AGREE THAT FAMILYPOD MAY MODIFY THIS AGREEMENT AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU AGREE TO REVIEW THESE TERMS OF USE PERIODICALLY TO BE AWARE OF MODIFICATIONS. CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED CONCLUSIVE EVIDENCE OF YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.

2. DISCLAIMERS

A. FAMILYPOD MAY BE USED TO FACILITATE THE REQUEST, LISTING, SCHEDULING AND BOOKING OF APPOINTMENTS (THE “SERVICES”). WE MAKE FAMILYPOD AVAILABLE AS AN ONLINE CONNECTIVITY PLATFORM FOR USERS WHO REQUEST APPOINTMENTS (“CARE SEEKERS” OR “PARENTS”) TO CONNECT WITH USERS WHO WANT TO CONFIRM AND BOOK APPOINTMENTS (“CAREGIVERS” OR “POD MEMBERS”) AND MAKE ARRANGEMENTS DIRECTLY WITH EACH OTHER. FAMILYPOD IS NOT AN AGENCY. WE DO NOT EMPLOY OR ENGAGE CAREGIVERS. OUR RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE SERVICES.

B. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE CARE SEEKERS AND CAREGIVERS CONNECTING AND BOOKING APPOINTMENTS DIRECTLY WITH EACH OTHER, AND YOU AGREE THAT FAMILYPOD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPOINTMENT MADE THROUGH THE SERVICES OR TO ANY CARE PROVIDED BY CAREGIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF USE. FAMILYPOD CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE LEGALITY, SAFETY OR SUITABILITY OF ANY APPOINTMENTS. FAMILYPOD IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND APPOINTMENTS. ACCORDINGLY, ANY APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND CARE SEEKERS MUST SATISFY THEMSELVES WITH ANY CAREGIVER’S CREDENTIALS.

C. CAREGIVERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF FAMILYPOD. FAMILYPOD DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE CARE PROVIDED FOR CARE SEEKERS AND DOES NOT EMPLOY CAREGIVERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT FAMILYPOD DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A CAREGIVER’S APPOINTMENTS BUT MAY MONITOR BOOKINGS MADE THROUGH THE SERVICES.

D. FAMILYPOD STRONGLY RECOMMENDS THAT, IF ANY USER IS CONNECTED OR INTRODUCED TO AN INDIVIDUAL WHO MAY BE A SUITABLE CAREGIVER, SAID USER SHOULD TAKE ALL REASONABLE AND SENSIBLE PRECAUTIONS AND STEPS TO ASSESS SUCH INDIVIDUALS. ANY INFORMATION GAINED FROM QUESTIONNAIRES OR TESTS AT THE WEBSITE OR APP ARE BASED SOLELY UPON INFORMATION SUBMITTED BY OTHER INDIVIDUALS OR USERS OF THE WEBSITE OR APP AND FAMILYPOD MAKE NO GUARANTEES AS TO ITS CORRECTNESS, COMPLETENESS, OR ACCURACY OF SUCH USER-SUBMITTED INFORMATION AND CANNOT VERIFY OR OTHERWISE ASCERTAIN THE ACCURACY OF SUCH USER-SUBMITTED INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR UNDERTAKING STEPS TO CHECK OR OTHERWISE ASCERTAIN THE ACCURACY OF ANY USER-SUBMITTED INFORMATION. EACH USER IS SOLELY RESPONSIBLE FOR THE ACCURACY, LEGALITY, CURRENCY AND COMPLIANCE OF ITS OWN MATERIAL AND WILL BE SOLELY LIABLE FOR FALSE, MISLEADING, INACCURATE, INFRINGING OR OTHER ACTIONABLE MATERIAL CONTAINED OR REFERRED TO THEREIN.

E. ALTHOUGH EACH MEMBER/SUBSCRIBER/USER MUST AGREE TO THESE TERMS OF USE, FAMILYPOD CANNOT GUARANTEE THAT EACH MEMBER IS AT LEAST THE REQUIRED MINIMUM AGE, NOR DOES FAMILYPOD ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE WEBSITE OR APP BY PERSONS UNDER THE AGE OF 13 IN VIOLATION OF THE TERMS OF USE. IT IS ALSO POSSIBLE THAT OTHER MEMBERS/SUBSCRIBERS/REGISTRANTS OR USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”) MAY POST OR TRANSMIT OFFENSIVE OR OBSCENE MATERIALS THROUGH THE WEBSITE OR APP AND THAT YOU MAY BE INVOLUNTARILY EXPOSED TO SUCH OFFENSIVE OR OBSCENE MATERIALS. IT IS ALSO POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU VIA YOUR USE OF THE WEBSITE OR APP. THESE INDIVIDUALS MAY USE YOUR INFORMATION FOR PURPOSES OTHER THAN WHAT YOU INTENDED. FAMILYPOD IS NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE WEBSITE OR APP. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE WEBSITE OR APP OR RELEASE TO OTHERS. FAMILYPOD DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS/SUBSCRIBERS/REGISTRANTS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE OR APP OR OTHERWISE.

F. ALTHOUGH FAMILYPOD ATTEMPTS TO MAINTAIN THE INTEGRITY AND ACCURACY OF THE INFORMATION ON THE WEBSITE OR APP, FAMILYPOD PROVIDES ANY SERVICES ON AN “AS IS” BASIS AND MAKES NO GUARANTEES AS TO ITS CORRECTNESS, COMPLETENESS, OR ACCURACY. THE WEBSITE OR APP MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OTHER ERRORS OR OMISSIONS. ALSO, UNAUTHORIZED ADDITIONS, DELETIONS, OR ALTERATIONS COULD BE MADE TO THE WEBSITE OR APP BY THIRD PARTIES WITHOUT OUR KNOWLEDGE. IF YOU BELIEVE THAT INFORMATION FOUND ON THE WEBSITE OR APP IS INACCURATE OR UNAUTHORIZED, PLEASE INFORM FAMILYPOD BY CONTACTING US VIA INFORMATION PROVIDED AT THE “CONTACT US” LINK. FAMILYPOD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, FAMILYPOD DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. FAMILYPOD DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

G. CAREGIVERS AND CARE SEEKERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH EACH OTHER, AND ANY OTHER PARTIES WITH WHOM SUCH USER INTERACTS, WHETHER ONLINE THROUGH THE WEBSITE OR APP OR OFFLINE; PROVIDED, HOWEVER, THAT FAMILYPOD RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO INTERCEDE IN DISPUTES. CAREGIVERS AND CARE SEEKERS AGREE THAT FAMILYPOD WILL NOT BE RESPONSIBLE FOR ANY LIABILITY INCURRED AS THE RESULT OF SUCH INTERACTIONS. EXCEPT AS REFERENCED DIRECTLY BELOW, YOU UNDERSTAND THAT FAMILYPOD DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN OR EVALUATE USERS OF THE WEBSITE OR APP IN ANY WAY. FAMILYPOD ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. FAMILYPOD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. FAMILYPOD RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS).

H. YOU ACKNOWLEDGE AND AGREE THAT FAMILYPOD IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FAMILYPOD LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. FAMILYPOD MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FAMILYPOD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SERVICES. YOU UNDERSTAND THAT FAMILYPOD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SERVICES. FAMILYPOD DOES NOT GUARANTEE OR WARRANT ANY CAREGIVER’S PERFORMANCE ON THE JOB OR OUTCOME OR QUALITY OF THE CARE PROVIDED.

3. BACKGROUND CHECKS

A. BY REGISTERING FOR AND USING THE WEBSITE OR APP OR SERVICE AS A CARE SEEKER OR CAREGIVER, YOU HEREBY ACKNOWLEDGE AND AGREE THAT FAMILYPOD HAS THE RIGHT, BUT NOT THE OBLIGATION, TO USE A THIRD-PARTY CONSUMER REPORTING AGENCY ON AN ONGOING BASIS TO USE YOUR PERSONAL INFORMATION TO RUN PERIODIC BACKGROUND CHECKS ON YOU FOR THE LEGITIMATE BUSINESS PURPOSE OF PROTECTING THE SAFETY AND INTEGRITY OF THE WEBSITE OR APP AND ITS USERS (“INTERNAL BACKGROUND CHECKS”). FAMILYPOD MAY ORDER THESE CHECKS WHEN YOU REGISTER WITH THE WEBSITE OR APP AND THEREAFTER IN CONNECTION WITH YOUR CONTINUED USE OF OUR SERVICE AND/OR INTERACTION WITH OUR WEBSITE OR APP (SUCH AS BY CONTACTING OR COMMUNICATING WITH OTHER MEMBERS, POSTING OR UPDATING A JOB OR PROFILE, ETC.).

B. THESE INTERNAL BACKGROUND CHECKS ARE REGULATED BY THE FAIR CREDIT REPORT ACT (“FCRA”), AND THE BACKGROUND REPORTS RESULTING FROM THESE SERVICES ARE CONSIDERED “CONSUMER REPORTS” UNDER FCRA. CONSUMER REPORTS MAY CONTAIN INFORMATION ON YOUR CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, AND MODE OF LIVING, INCLUDING BUT NOT LIMITED TO CONSUMER CREDIT, CRIMINAL HISTORY, WORKERS’ COMPENSATION, DRIVING, EMPLOYMENT, MILITARY, CIVIL, AND EDUCATIONAL DATA AND REPORTS. PLEASE BE ADVISED THAT FAMILYPOD IS NOT A CONSUMER REPORTING AGENCY AS DEFINED IN THE FCRA WHICH CAN BE FOUND AT WWW.FTC.GOV/OS/STATUTES/FCRAJUMP.SHTM, AND ANY INFORMATION COLLECTED OR RECEIVED BY FAMILYPOD FROM ITS THIRD PARTY SERVICE PROVIDERS HAVE NOT BEEN COLLECTED IN WHOLE OR IN PART FOR THE PURPOSE OF FURNISHING CONSUMER REPORTS, AS DEFINED IN THE FCRA AS WELL AS ALL OTHER APPLICABLE CONSUMER REPORTING LAWS. THE INFORMATION PROVIDED IN THE INTERNAL BACKGROUND CHECKS MAY NOT BE REVIEWED OR CONSIDERED AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL’S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS INFANT CARE PROVIDERS, BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, DOG WALKERS, SCHOOL RUN HELPERS, HOUSE SITTERS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, RENTING OR LEASING AN APARTMENT OR HOME).

C. YOU UNDERSTAND AND AGREE THAT FAMILYPOD MAY REVIEW THE INFORMATION PROVIDED BY THE THIRD-PARTY CONSUMER REPORTING AGENCY AND THAT FAMILYPOD RETAINS THE RIGHT TO DEACTIVATE YOUR FAMILYPOD REGISTRATION BASED ON THE INFORMATION IT RECEIVES FROM THESE CHECKS, EVEN IF SUCH INFORMATION WAS SUBSEQUENTLY DISMISSED. IF FAMILYPOD DEACTIVATES YOUR MEMBERSHIP OR ACCESS TO THE WEBSITE OR APP AND/OR SERVICE ON THE BASIS OF INFORMATION IN AN INTERNAL BACKGROUND CHECK, WE WILL NOTIFY YOU AND PROVIDE YOU THE NAME AND CONTACT INFORMATION OF THE CONSUMER REPORTING AGENCY THAT CREATED THE REPORT. WE WILL ALSO PROVIDE YOU A COPY OF THE REPORT UNLESS THE CONSUMER REPORTING AGENCY HAS ALREADY PROVIDED YOU A COPY OR ACCESS TO IT. ALL USERS ACKNOWLEDGE AND UNDERSTAND THAT FAMILYPOD HAS NO CONTROL OVER AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION PROVIDED BY THE THIRD-PARTY CONSUMER REPORTING AGENCY OR CONTAINED WITHIN COMMERCIAL DATABASES MAINTAINED BY THIRD PARTY CONSUMER REPORTING AGENCY OR PUBLIC RECORDS MAINTAINED AND/OR TRANSMITTED BY FEDERAL, STATE OR MUNICIPAL GOVERNMENT ENTITIES. PUBLIC RECORDS AND COMMERCIAL DATA SYSTEMS MAY HAVE ERRORS AND SHOULD NOT BE RELIED UPON AS DEFINITIVELY ACCURATE. BEFORE RELYING ON ANY DATA SUPPLIED, IT SHOULD BE INDEPENDENTLY VERIFIED. CERTAIN CRIMINAL RECORD DATA MAY INCLUDE RECORDS THAT HAVE BEEN EXPUNGED, SEALED, OR OTHERWISE INACCESSIBLE TO THE PUBLIC SINCE THE DATE ON WHICH THE DATA OR RECORD WAS LAST UPDATED OR COLLECTED.

D. BY AGREEING TO THESE TERMS AND USING OUR WEBSITE OR APP, YOU AGREE TO ALLOW FAMILYPOD TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE FAMILYPOD. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED. YOU EXPRESSLY ACKNOWLEDGE THAT FAMILYPOD HAS NO OBLIGATION TO PERFORM BACKGROUND CHECKS, ON ANY REGISTERED USERS. TO THE EXTENT FAMILYPOD PERFORMS SUCH CHECKS ON CERTAIN REGISTERED USERS, THE CHECKS ARE LIMITED AND SHOULD NOT BE TAKEN AS COMPLETE, ACCURATE, UP-TO-DATE OR CONCLUSIVE EVIDENCE OF THE ACCURACY OF ANY INFORMATION THOSE USERS HAVE PROVIDED OR OF THEIR ELIGIBILITY TO USE THE WEBSITE OR APP AND THE SERVICE. MOREOVER, YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT THOSE CHECKS ARE COMPLETED BY A THIRD-PARTY CONSUMER REPORTING AGENCY (NOT FAMILYPOD), THAT THE SPECIFIC RECORDS SEARCHED, AND THE COMPREHENSIVENESS OF THE SEARCH, VARIES BY THE TYPE OF BACKGROUND CHECK ORDERED AS WELL AS THE STATE AND COUNTY WHERE THE CHECK IS PERFORMED, AND THAT THE CHECKS ARE NOT ALWAYS ACCURATE OR A COMPLETE COMPILATION OF A PERSON’S CRIMINAL HISTORY.

E. IF YOU DECIDE TO ACCESS, USE, OR SHARE INFORMATION PROVIDED BY AN INTERNAL BACKGROUND CHECK, YOU AGREE TO DO SO IN ACCORDANCE WITH APPLICABLE LAW. ADDITIONALLY, IF SUCH VERIFICATION IS INCLUDED, PROMOTED, OR OTHERWISE DISPLAYED ON ANY USER PROFILE OR IN ANY SUCH MANNER ON THE WEBSITE OR APP OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT ANY SUCH CLAIM IS NOT WARRANTED BY FAMILYPOD AND IS SOLELY THE RESULT OF INFORMATION PROVIDED BY A THIRD-PARTY SOURCE.

F. YOU ALSO AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS FAMILYPOD FROM ANY LOSS, LIABILITY, INJURY, DEATH, DAMAGE, OR COSTS THAT MAY RESULT FROM YOUR USE OF, RELIANCE ON, OR SHARING OF THE INFORMATION CONTAINED IN AN INTERNAL BACKGROUND CHECK OR ANY USE OF, RELIANCE ON, OR SHARING OF ANY SUCH INDICATION OR VERIFICATION FOR ANY USER ON THE WEBSITE OR APP OR SERVICE, REGARDLESS OF THE CAUSE, INCLUDING, WITHOUT LIMITATION, DUE TO THE INACCURACY OR INCOMPLETENESS OF ANY SUCH INFORMATION.

4. USE OF THE WEBSITE OR APP

A. BY USING OR ACCESSING THE WEBSITE OR APP, YOU AGREE TO THE FOLLOWING:

(1) THE INFORMATION POSTED IN ANY PROFILE YOU CREATE, INCLUDING YOUR PHOTOGRAPH OR OTHER PHOTOGRAPHS, IS POSTED BY YOU AND THAT YOU ARE THE EXCLUSIVE AUTHOR OF YOUR PROFILE AND THE EXCLUSIVE OWNER OF YOUR PHOTOGRAPHS. YOU ASSIGN TO FAMILYPOD, WITH FULL TITLE GUARANTEE, ALL COPYRIGHT IN YOUR PROFILE, ANY PHOTOGRAPHS POSTED BY YOU, AND ANY ADDITIONAL INFORMATION SENT TO FAMILYPOD AT ANY TIME IN CONNECTION WITH YOUR USE OF THE WEBSITE OR APP. YOU WAIVE ABSOLUTELY ANY AND ALL MORAL RIGHTS TO BE IDENTIFIED AS AUTHOR OF YOUR PROFILE AND OWNER OF YOUR PHOTOGRAPH AND ANY SIMILAR RIGHTS IN ANY JURISDICTION IN THE WORLD. BY POSTING INFORMATION, PHOTOGRAPHS OR CONTENT ON ANY PART OF THE WEBSITE OR APP, YOU AUTOMATICALLY GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT, TO FAMILYPOD, FREE OF CHARGE, AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, ROYALTY-FREE, FULLY-PAID, WORLDWIDE LICENSE TO USE, COPY, PERFORM, DISPLAY, PROMOTE, PUBLISH AND DISTRIBUTE SUCH INFORMATION, CONTENT AND PHOTOGRAPHS AND TO PREPARE DERIVATIVE WORKS OF, OR INCORPORATE INTO OTHER WORKS, SUCH INFORMATION AND CONTENT, AND TO GRANT AND AUTHORIZE SUB-LICENSES OF THE FOREGOING. YOU UNDERSTAND AND AGREE THAT FAMILYPOD, IN ITS SOLE DISCRETION, RESERVES THE EXCLUSIVE RIGHT TO TERMINATE YOUR ACCESS AND/OR DEACTIVATE YOUR ACCOUNT IF IT FINDS ANY INFORMATION YOU HAVE PROVIDED TO BE INACCURATE, UNLAWFUL, DECEPTIVE, OR INCONSISTENT WITH THESE TERMS OF USE.

(2) YOU WILL USE THE WEBSITE OR APP IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. YOU WILL NOT ENGAGE IN ADVERTISING TO, OR SOLICITATION OF, OTHER MEMBERS TO BUY OR SELL ANY PRODUCTS OR SERVICES THROUGH THE WEBSITE OR APP. YOU WILL NOT TRANSMIT ANY CHAIN LETTERS OR JUNK EMAIL TO OTHER MEMBERS. TO PROTECT OUR USERS AGAINST SUCH CONDUCT, FAMILYPOD MAY LIMIT OR OTHERWISE CONTROL THE NUMBER OF MESSAGES THAT ANY USER MAY SEND IN A DAY. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR APP. FAMILYPOD RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR AND/OR MEDIATE DISPUTES BETWEEN YOU AND OTHER USERS OF THE WEBSITE OR APP.

(3) YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OR INFORMATION YOU POST, PUBLISH OR DISPLAY ON THE WEBSITE OR APP, OR TRANSMIT TO OTHER USERS. YOU SHALL NOT POST ON THE WEBSITE OR APP, OR TRANSMIT TO OTHER USERS OR TO FAMILYPOD OR ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, ANY DEFAMATORY, INACCURATE, ABUSIVE, OBSCENE, PROFANE, OFFENSIVE, SEXUALLY ORIENTED, THREATENING, HARASSING, 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). YOU WILL NOT INCLUDE IN YOUR PROFILE ANY OFFENSIVE LANGUAGE, INCLUDING BUT NOT LIMITED TO OFFENSIVE ANATOMICAL OR SEXUAL REFERENCES, OR OFFENSIVE SEXUALLY SUGGESTIVE OR CONNOTATIVE LANGUAGE, AND YOU WILL NOT POST ANY PHOTOS CONTAINING NUDITY OR PERSONAL INFORMATION. FAMILYPOD RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO REJECT ANY PROFILE OR PHOTO THAT DOES NOT COMPLY WITH THE PROHIBITIONS SET FORTH IN THIS SECTION. FAMILYPOD RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE, AT OUR SOLE DISCRETION.

(4) BY BECOMING A MEMBER/SUBSCRIBER/REGISTRANT, YOU AGREE TO ACCEPT AND CONSENT TO RECEIVING EMAIL COMMUNICATIONS INITIATED FROM FAMILYPOD OR THROUGH FAMILYPOD INCLUDING, WITHOUT LIMITATION: MESSAGE NOTIFICATION EMAILS AND EMAILS INFORMING YOU ABOUT EVENTS, EMAILS INFORMING YOU OF CHANGES TO THE WEBSITE OR APP AND EMAILS INFORMING YOU OF PROMOTIONS THAT EITHER FAMILYPOD PROVIDES OR THAT ARE BEING PROVIDED BY THIRD PARTIES. IF YOU CHOOSE TO RESPOND TO PROMOTIONS THAT ARE PROVIDED BY THIRD PARTIES AND, IN THE COURSE OF DOING SO, DISCLOSE INFORMATION TO ANY EXTERNAL SERVICE PROVIDERS, AND/OR GRANT THEM PERMISSION TO COLLECT INFORMATION ABOUT YOU, THEN THEIR USE OF YOUR INFORMATION IS GOVERNED BY THEIR PRIVATE POLICIES. SHOULD YOU NOT WISH TO RECEIVE ANY OF FAMILYPOD’S EMAIL COMMUNICATIONS, PLEASE DO NOT REGISTER/SUBSCRIBE TO THE WEBSITE OR APP. HOWEVER, YOU MAY OPT-OUT OF RECEIVING EMAIL COMMUNICATIONS SENT FROM FAMILYPOD OR THROUGH FAMILYPOD.

(5) YOU AGREE THAT FAMILYPOD HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION, CORRUPTION OR FAILURE TO STORE ANY MESSAGES OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE WEBSITE OR APP. YOU ACKNOWLEDGE THAT FEATURES, PARAMETERS OR OTHER SERVICES FAMILYPOD PROVIDES MAY CHANGE AT ANY TIME. YOU ACKNOWLEDGE THAT FAMILYPOD RESERVES THE RIGHT TO SIGN OUT, TERMINATE, DELETE OR PURGE YOUR ACCOUNT FROM THE WEBSITE OR APP IF IT IS INACTIVE. “INACTIVE” INDICATES YOU HAVE NOT SIGNED IN TO THE WEBSITE OR APP FOR A PARTICULAR PERIOD OF TIME, AS DETERMINED BY FAMILYPOD IN ITS SOLE DISCRETION. FAMILYPOD MAY, BUT IS NOT OBLIGATED TO, INVESTIGATE AND TERMINATE YOUR MEMBERSHIP/SUBSCRIPTION/REGISTRATION IF YOU HAVE MISUSED THE WEBSITE OR APP, OR BEHAVED IN A WAY WHICH COULD BE REGARDED AS INAPPROPRIATE, UNLAWFUL OR ILLEGAL. THE FOLLOWING IS A PARTIAL, BUT NOT EXHAUSTIVE, LIST OF THE TYPES OF ACTIONS THAT ARE ILLEGAL OR PROHIBITED UNDER THE TERMS OF USE:

• HARASSING, ABUSING OR OTHERWISE INAPPROPRIATELY CONTACTING ANY OTHER USER OF THE WEBSITE OR APP;

• COLLECTING INFORMATION ABOUT THE WEBSITE OR APP OR ANY USERS OF THE WEBSITE OR APP WITHOUT OUR WRITTEN CONSENT;

• MODIFYING, FRAMING, RENDERING (OR RE-RENDERING), MIRRORING, TRUNCATING, INJECTING, FILTERING OR CHANGING ANY CONTENT OR INFORMATION CONTAINED IN THE WEBSITE OR APP, WITHOUT OUR WRITTEN CONSENT;

• USING ANY DEEP-LINK, PAGE-SCRAPE, ROBOT, CRAWL, INDEX, SPIDER, CLICK SPAM, MACRO PROGRAMS, INTERNET AGENT, OR OTHER AUTOMATIC DEVICE, PROGRAM, ALGORITHM OR METHODOLOGY WHICH DOES THE SAME THINGS, TO USE, ACCESS, COPY, ACQUIRE INFORMATION, GENERATE IMPRESSIONS OR CLICKS, INPUT INFORMATION, STORE INFORMATION, SEARCH, GENERATE SEARCHES, OR MONITOR THE WEBSITE OR APP OR ANY PORTION THEREOF;

• ACCESSING OR USING THE SITE FOR COMMERCIAL OR COMPETITIVE PURPOSES;

• DISGUISING THE ORIGIN OF INFORMATION TRANSMITTED TO, FROM, OR THROUGH THE WEBSITE OR APP.

• IMPERSONATING ANOTHER PERSON;

• DISTRIBUTING VIRUSES OR OTHER HARMFUL COMPUTER CODE;

• ALLOWING ANY OTHER PERSON OR ENTITY TO IMPERSONATE YOU TO ACCESS OR USE THE WEBSITE OR APP;

• USING THE WEBSITE OR APP FOR ANY PURPOSE IN VIOLATION OF LOCAL, STATE, NATIONAL, INTERNATIONAL LAWS

• USING THE WEBSITE OR APP IN A WAY THAT IS INTENDED TO HARM, OR A REASONABLE PERSON WOULD UNDERSTAND WOULD LIKELY RESULT IN HARM, TO THE USER OR OTHERS;

• POSTING, DISTRIBUTING OR REPRODUCING IN ANY WAY, ANY COPYRIGHTED MATERIAL, TRADEMARKS, OR OTHER PROPRIETARY INFORMATION WITHOUT OBTAINING THE PRIOR WRITTEN CONSENT OF THE OWNER OF SUCH PROPRIETARY RIGHTS;

• REMOVING ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS NOTICES CONTAINED IN THE WEBSITE OR APP OR FORGING HEADERS OR OTHERWISE MANIPULATING IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY INFORMATION TRANSMITTED THROUGH THE WEBSITE OR APP;

• CIRCUMVENTING ANY MEASURES IMPLEMENTED BY FAMILYPOD AIMED AT PREVENTING VIOLATIONS OF THE TERMS OF USE.

FAMILYPOD EXPRESSLY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE A USER’S ACCESS TO ANY INTERACTIVE SERVICES AND/OR TO ANY OR ALL OTHER AREAS OF THE WEBSITE OR APP DUE TO ANY ACT THAT WOULD CONSTITUTE A VIOLATION OF THESE TERMS OF USE.

(6) ANY PERSONAL INFORMATION YOU SUBMIT TO THE WEBSITE OR APP IS GOVERNED BY THE PRIVACY POLICY. THIS PRIVACY POLICY ENCOMPASSES ANY AND ALL INFORMATION YOU MAY PROVIDE TO THE SITE EITHER FOR PURPOSES OF SUBMITTING AN ORDER OR TO RECEIVE FURTHER INFORMATION, UPDATES AND PROMOTIONS ABOUT OR RELATED TO THE WEBSITE OR APP.

(7) YOU ARE ELIGIBLE TO USE THIS WEBSITE OR APP IF YOU ARE THE AGE OF 18 OR OLDER OR IF YOU ARE BETWEEN THE AGES OF 13 AND 17 AND YOU COMPLY WITH SECTION (8) BELOW. YOU ARE INELIGIBLE TO USE THIS WEBSITE OR APP OR ITS SERVICES IF YOUR MEMBERSHIP/SUBSCRIPTION/REGISTRATION HAS BEEN SUSPENDED BY FAMILYPOD OR YOU ARE UNDER THE AGE OF 13. BY BECOMING A MEMBER/SUBSCRIBER/REGISTERED USER OF THE WEBSITE OR APP, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO USE THE WEBSITE OR APP AND TO ABIDE BY THE TERMS OF USE. YOUR MEMBERSHIP/SUBSCRIPTION/REGISTRATION WITH THE WEBSITE OR APP IS FOR YOUR SOLE, PERSONAL USE. YOU MAY NOT AUTHORIZE OTHERS TO USE YOUR MEMBERSHIP/SUBSCRIPTION/REGISTRATION AND YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER YOUR ACCOUNT TO ANY OTHER PERSON OR ENTITY.

(8) IF YOU ARE THIRTEEN (13) TO SEVENTEEN (17) YEARS OF AGE AND WOULD LIKE TO USE THE WEBSITE OR APP AS A CAREGIVER (A “TEEN USER”), YOU MAY REGISTER TO USE THE WEBSITE OR APP ONLY IF YOUR PARENT OR LEGAL GUARDIAN (1) CONSENTS TO YOUR REGISTRATION THROUGH THE WEBSITE OR APP AND (2) BECOMES A REGISTERED USER (A “CONSENTING PARENT USER”). CONSENTING PARENT USERS WILL HAVE ACCESS TO ALL COMMUNICATIONS BETWEEN THE TEEN USER AND OTHER REGISTERED USERS AS WELL AS A COPY OF ALL EMAILS FAMILYPOD SENDS TO THE TEEN USER. CONSENTING PARENT USERS MAY RESPOND TO COMMUNICATIONS SENT BY OTHER REGISTERED USERS TO THE TEEN USER AND MAY REPORT INAPPROPRIATE MESSAGE CONTENT TO FAMILYPOD. CONSENTING PARENT USERS MAY ALSO LOG IN TO, UPDATE THE SETTINGS OF AND TERMINATE THEIR TEEN USER’S ACCOUNT.

B. BY REGISTERING AS A CONSENTING PARENT USER, YOU HEREBY REPRESENT, WARRANT, UNDERSTAND, AGREE TO AND ACCEPT THESE TERMS OF USE AND ANY APPLICABLE ADDITIONAL TERMS IN THEIR ENTIRETY ON BEHALF OF YOURSELF AND YOUR TEEN USER WHETHER OR NOT YOU USE THE WEBSITE OR APP. YOU FURTHER UNDERSTAND AND AGREE THAT YOU WILL ENSURE YOUR TEEN USER’S COMPLIANCE WITH THESE TERMS OF USE AND THAT YOU ARE RESPONSIBLE FOR ANY NONCOMPLIANCE BY YOUR TEEN USER.

C. IF YOU ARE A CONSENTING PARENT USER, YOU ALSO AGREE THAT YOU ARE RESPONSIBLE FOR MONITORING THE ACCOUNT OF YOUR TEEN USER AS WELL AS YOUR TEEN USER’S ACTIVITIES BOTH ON AND OFF OF THE WEBSITE OR APP, INCLUDING MONITORING WHO YOUR TEEN USER COMMUNICATES WITH AND MEETS BOTH ON AND OFF THE WEBSITE OR APP AND WITH WHOM HE OR SHE AGREES TO PROVIDE CAREGIVER SERVICES. AS A CONSENTING PARENT USER, YOU ALSO AGREE TO OPENING OF A STRIPE ACCOUNT ON BEHALF OR FOR THE BENEFIT OF THE TEEN USER OR CONSENT TO THE TEEN USER OPENING A STRIPE ACCOUNT.

D. IF YOU REGISTER TO USE THE WEBSITE OR APP AS A TEEN USER, THE FIRST TIME YOU TRY TO LOG IN TO YOUR ACCOUNT AFTER YOU TURN EIGHTEEN (18), YOU WILL BE REQUIRED TO AGREE TO THE TERMS OF USE IN EFFECT AT THE TIME. ONCE YOU ACCEPT THE TERMS AND LOG IN, THE PARENT MONITORING FUNCTIONALITY OF YOUR ACCOUNT WILL BE REMOVED AND YOUR CONSENTING PARENT USER WILL NO LONGER HAVE ACCESS TO YOUR ACCOUNT. IF YOU DO NOT AGREE TO THE TERMS OF USE AFTER YOU TURN 18 YEARS OF AGE, FAMILYPOD MAY TERMINATE YOUR ACCESS TO ALL OR PART OF THE WEBSITE OR APP, REMOVE YOUR PROFILE AND/OR ANY CONTENT POSTED BY OR ABOUT YOU FROM THE WEBSITE OR APP, AND/OR TERMINATE YOUR REGISTRATION IN THE WEBSITE OR APP, WITH OR WITHOUT NOTICE.

E. IF FAMILYPOD FINDS THAT YOU VIOLATED THE TERMS OF THIS SECTION OR ANY TERMS STATED HEREIN, FAMILYPOD RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO IMMEDIATELY DEACTIVATE YOUR USE OF THE WEBSITE OR APP AND SERVICES. BY USING THE WEBSITE OR APP AND/OR SERVICES, YOU AGREE THAT FAMILYPOD MAY ASSESS, AND YOU WILL BE OBLIGATED TO PAY, $5,000 PER EACH DAY THAT YOU: (I) MAINTAIN USER INFORMATION (INCLUDING BUT NOT LIMITED TO, NAMES, ADDRESSES, PHONE NUMBERS, OR EMAIL ADDRESSES) OR COPYRIGHTED MATERIAL THAT YOU SCRAPED (EITHER DIRECTLY OR INDIRECTLY IN A MANUAL OR AUTOMATIC MANNER) FROM THE WEBSITE OR APP, OR (II) OTHERWISE MISUSE OR MISAPPROPRIATE WEBSITE OR APP CONTENT, INCLUDING BUT NOT LIMITED TO, USE ON A “MIRRORED,” COMPETITIVE, OR THIRD-PARTY SITE. THIS OBLIGATION SHALL BE IN ADDITION TO ANY OTHER RIGHTS FAMILYPOD MAY HAVE UNDER THESE TERMS OR APPLICABLE LAW. FURTHER, IN ORDER TO PROTECT THE INTEGRITY OF THE WEBSITE OR APP AND THE SERVICE, FAMILYPOD RESERVES THE RIGHT AT ANY TIME IN ITS SOLE DISCRETION TO BLOCK USERS FROM CERTAIN IP ADDRESSES FROM ACCESSING THE WEBSITE OR APP.

5. USE OF THE FAMILYPOD MOBILE APPLICATION

A. SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE, FAMILYPOD GRANTS YOU A LIMITED NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE LICENSE TO DOWNLOAD, INSTALL AND USE A COPY OF THE FAMILYPOD MOBILE APPLICATION ON A SINGLE MOBILE DEVICE OR COMPUTER THAT YOU OWN OR CONTROL AND TO RUN SUCH COPY OF THE APPLICATION SOLELY FOR YOUR OWN PERSONAL OR INTERNAL BUSINESS PURPOSES. FURTHERMORE, WITH RESPECT TO ANY APPLICATION ACCESSED THROUGH OR DOWNLOADED FROM THE APPLE APP STORE (AN “APP STORE SOURCED APPLICATION”), YOU WILL ONLY USE THE APP STORE SOURCED APPLICATION (A) ON AN APPLE-BRANDED PRODUCT THAT RUNS THE IOS (APPLE’S PROPRIETARY OPERATING SYSTEM) AND (B) AS PERMITTED BY THE “USAGE RULES” SET FORTH IN THE APPLE APP STORE TERMS OF SERVICE. NOTWITHSTANDING THE FIRST SENTENCE IN THIS SECTION, WITH RESPECT TO ANY APPLICATION ACCESSED THROUGH OR DOWNLOADED FROM THE GOOGLE PLAY STORE (A “GOOGLE PLAY SOURCED APPLICATION”), YOU MAY HAVE ADDITIONAL LICENSE RIGHTS WITH RESPECT TO USE OF THE APPLICATION ON A SHARED BASIS WITHIN YOUR DESIGNATED FAMILY GROUP.

B. YOU ACKNOWLEDGE AND AGREE THAT THE AVAILABILITY OF THE FAMILYPOD MOBILE APPLICATION AND THE SERVICES IS DEPENDENT ON THE THIRD PARTY FROM WHOM YOU RECEIVED THE APPLICATION LICENSE, E.G., THE APPLE APP STORE OR GOOGLE PLAY (EACH, AN “APP STORE”). YOU ACKNOWLEDGE THAT THE TERMS OF USE ARE BETWEEN YOU AND FAMILYPOD AND NOT WITH THE APP STORE. FAMILYPOD, NOT THE APP STORE, IS SOLELY RESPONSIBLE FOR THE FAMILYPOD MOBILE APPLICATION, THE CONTENT THEREOF, MAINTENANCE, SUPPORT SERVICES, AND WARRANTY THEREFORE, AND ADDRESSING ANY CLAIMS RELATING THERETO (E.G., PRODUCT LIABILITY, LEGAL COMPLIANCE OR INTELLECTUAL PROPERTY INFRINGEMENT). IN ORDER TO USE THE FAMILYPOD MOBILE APPLICATION, YOU MUST HAVE ACCESS TO A WIRELESS NETWORK, AND YOU AGREE TO PAY ALL FEES ASSOCIATED WITH SUCH ACCESS. YOU ALSO AGREE TO PAY ALL FEES (IF ANY) CHARGED BY THE APP STORE IN CONNECTION WITH THE APPLICATION. YOU AGREE TO COMPLY WITH, AND YOUR LICENSE TO USE THE FAMILYPOD MOBILE APPLICATION IS CONDITIONED UPON YOUR COMPLIANCE WITH ALL TERMS OF AGREEMENT IMPOSED BY THE APPLICABLE APP STORE WHEN USING THE APPLICATION. YOU ACKNOWLEDGE THAT THE APP STORE (AND ITS SUBSIDIARIES) ARE THIRD-PARTY BENEFICIARIES OF THE TERMS OF USE AND WILL HAVE THE RIGHT TO ENFORCE IT.

C. THE FOLLOWING APPLIES TO ANY APP STORE SOURCED APPLICATION ACCESSED THROUGH OR DOWNLOADED FROM THE APPLE APP STORE:

(A) YOU ACKNOWLEDGE AND AGREE THAT (I) THE TERMS OF USE IS CONCLUDED BETWEEN YOU AND FAMILYPOD ONLY, AND NOT APPLE, AND (II) FAMILYPOD, NOT APPLE, IS SOLELY RESPONSIBLE FOR THE APP STORE SOURCED APPLICATION AND CONTENT THEREOF. YOUR USE OF THE APP STORE SOURCED APPLICATION MUST COMPLY WITH THE APP STORE TERMS OF SERVICE.

(B) YOU ACKNOWLEDGE THAT APPLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP STORE SOURCED APPLICATION.

(C) IN THE EVENT OF ANY FAILURE OF THE APP STORE SOURCED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP STORE SOURCED APPLICATION TO YOU AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP STORE SOURCED APPLICATION. AS BETWEEN FAMILYPOD AND APPLE, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE SOLE RESPONSIBILITY OF FAMILYPOD.

(D) YOU AND FAMILYPOD ACKNOWLEDGE THAT, AS BETWEEN FAMILYPOD AND APPLE, APPLE IS NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU HAVE OR ANY CLAIMS OF ANY THIRD PARTY RELATING TO THE APP STORE SOURCED APPLICATION OR YOUR POSSESSION AND USE OF THE APP STORE SOURCED APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APP STORE SOURCED APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

(E) YOU AND FAMILYPOD ACKNOWLEDGE THAT, IN THE EVENT OF ANY THIRD-PARTY CLAIM THAT THE APP STORE SOURCED APPLICATION OR YOUR POSSESSION AND USE OF THAT APP STORE SOURCED APPLICATION INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, AS BETWEEN FAMILYPOD AND APPLE, FAMILYPOD, NOT APPLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM TO THE EXTENT REQUIRED BY THE TERMS OF USE.

(F) YOU AND FAMILYPOD ACKNOWLEDGE AND AGREE THAT APPLE, AND APPLE’S SUBSIDIARIES, ARE THIRD-PARTY BENEFICIARIES OF THE TERMS OF USE AS RELATED TO YOUR LICENSE OF THE APP STORE SOURCED APPLICATION, AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE TERMS OF USE, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THE TERMS OF USE AS RELATED TO YOUR LICENSE OF THE APP STORE SOURCED APPLICATION AGAINST YOU AS A THIRD-PARTY BENEFICIARY THEREOF.

(G) WITHOUT LIMITING ANY OTHER TERMS OF THE TERMS OF USE, YOU MUST COMPLY WITH ALL APPLICABLE THIRD-PARTY TERMS OF AGREEMENT WHEN USING THE APP STORE SOURCED APPLICATION.

D. THE FOLLOWING APPLIES TO ANY GOOGLE PLAY SOURCED APPLICATION ACCESSED THROUGH OR DOWNLOADED FROM GOOGLE PLAY:

(A) YOU ACKNOWLEDGE AND AGREE THAT (I) THE TERMS OF USE ARE CONCLUDED BETWEEN YOU AND FAMILYPOD ONLY, AND NOT GOOGLE, INC. (“GOOGLE”), AND (II) FAMILYPOD, NOT GOOGLE, IS SOLELY RESPONSIBLE FOR THE GOOGLE PLAY SOURCED APPLICATION AND CONTENT THEREOF. YOUR USE OF THE GOOGLE PLAY SOURCED APPLICATION MUST COMPLY WITH THE GOOGLE PLAY AGREEMENT OF SERVICE.

(B) GOOGLE IS ONLY A PROVIDER OF GOOGLE PLAY WHERE YOU OBTAINED THE GOOGLE PLAY SOURCED APPLICATION.

(C) FAMILYPOD, AND NOT GOOGLE, IS SOLELY RESPONSIBLE FOR ITS GOOGLE PLAY SOURCED APPLICATION;

(D) GOOGLE HAS NO OBLIGATION OR LIABILITY TO YOU WITH RESPECT TO FAMILYPOD’S GOOGLE PLAY SOURCED APPLICATION OR THESE TERMS OF USE; AND

(E) YOU ACKNOWLEDGE AND AGREE THAT GOOGLE IS A THIRD-PARTY BENEFICIARY TO THESE TERMS OF USE AS IT RELATES TO FAMILYPOD’S GOOGLE PLAY SOURCED APPLICATION.

6. PAYMENT

A. YOU WILL BE RESPONSIBLE FOR PAYMENT OF THE APPLICABLE SUBSCRIPTION FEE FOR THE SERVICES AT THE TIME YOU CREATE YOUR ACCOUNT AND SIGN UP FOR THE MONTHLY SUBSCRIPTION. YOUR MONTHLY SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THE TERMS OF USE. AFTER YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD (EACH, A “RENEWAL COMMENCEMENT DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT FAMILYPOD’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION ON OR BEFORE THE RENEWAL COMMENCEMENT DATE IN THE FAMILYPOD APP. IF YOU DO NOT WISH YOUR SUBSCRIPTION TO RENEW AUTOMATICALLY, PLEASE CANCEL IT IN THE FAMILYPOD APP. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. BY SUBSCRIBING, YOU AUTHORIZE APPLE PAY, GOOGLE PAY OR STRIPE TO CHARGE YOU NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION, IF FAMILYPOD DOES NOT RECEIVE PAYMENT FROM YOU, (A) YOU AGREE TO PAY ALL AMOUNTS DUE UPON DEMAND AND/OR (B) YOU AGREE THAT FAMILYPOD MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR CREDIT OR DEBIT CARD UNTIL PAYMENT IS RECEIVED (FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED). 

B. SOMETIMES FAMILYPOD USES APPLEPAY, GOOGLE PAY OR STRIPE FOR PAYMENT, ANALYTICS, AND OTHER BUSINESS SERVICES. APPLEPAY, GOOGLE PAY OR STRIPE COLLECTS IDENTIFYING INFORMATION ABOUT THE DEVICES THAT CONNECT TO ITS SERVICES. APPLEPAY, GOOGLE PAY OR STRIPE USES THIS INFORMATION TO OPERATE AND IMPROVE THE SERVICES IT PROVIDES TO US, INCLUDING FOR FRAUD DETECTION. YOU CAN LEARN MORE ABOUT APPLEPAY, GOOGLE PAY OR STRIPE AND READ THEIR PRIVACY POLICY LINKS AT 

APPLE PAY HELP: HTTPS://WWW.APPLE.COM/LEGAL/PRIVACY/DATA/EN/APPLE-PAY/

GOOGLE PAY HELP: HTTPS://SUPPORT.GOOGLE.COM/GOOGLEPAY#TOPIC=11505165

STRIPE PAYMENTS HELP: HTTPS://STRIPE.COM/PRIVACY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE PAY, GOOGLE PAY OR STRIPE HANDLES ALL PAYMENTS OR MONETARY TRANSACTIONS THAT OCCUR THROUGH YOUR USE OF THE WEBSITE OR APP OR SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMILYPOD SHALL NOT BE LIABLE FOR ANY PAYMENTS OR MONETARY TRANSACTIONS THAT OCCUR THROUGH YOUR USE OF THE WEBSITE OR APP OR SERVICE. YOU ALSO AGREE THAT FAMILYPOD SHALL NOT BE LIABLE FOR ANY ISSUES REGARDING ANY MONETARY TRANSACTIONS BETWEEN YOU AND ANY OTHER THIRD PARTY, INCLUDING STRIPE.

YOU ARE RESPONSIBLE FOR ALL TRANSACTIONS (ONE-TIME, RECURRING, AND REFUNDS) PROCESSED THROUGH THE SERVICE AND/OR APPLE PAY, GOOGLE PAY OR STRIPE. FAMILYPOD IS NOT LIABLE FOR LOSS OR DAMAGE FROM ERRANT OR INVALID TRANSACTIONS PROCESSED WITH YOUR STRIPE ACCOUNT. THIS INCLUDES TRANSACTIONS THAT WERE NOT PROCESSED DUE TO A NETWORK COMMUNICATION ERROR, OR ANY OTHER REASON. IF YOU PROCESS A TRANSACTION, IT IS YOUR RESPONSIBILITY TO VERIFY THAT THE TRANSACTION WAS SUCCESSFULLY PROCESSED.

YOU UNDERSTAND THAT FAMILYPOD USES THE STRIPE API TO RUN PAYMENTS FOR THE WEBSITE OR APP AND SERVICE THAT THE STRIPE API IS SUBJECT TO CHANGE AT ANY TIME AND SUCH CHANGES MAY ADVERSELY AFFECT THE WEBSITE OR APP AND/OR SERVICE. YOU UNDERSTAND AND AGREE TO NOT HOLD FAMILYPOD LIABLE FOR ANY ADVERSE EFFECTS TO YOUR STRIPE ACCOUNT AND/OR YOUR FAMILYPOD ACCOUNT AS RESULT OF ANY ACTIONS OR INACTIONS ON THE PART OF STRIPE.

YOU MUST NOT PROCESS STOLEN CREDIT CARDS, OR UNAUTHORIZED CREDIT CARDS THROUGH APPLE PAY, GOOGLE PAY OR STRIPE AND/OR YOUR FAMILYPOD ACCOUNT.

7. COPYRIGHTS AND TRADEMARKS

THE CONTENTS OF THE WEBSITE OR APP ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. THE OWNER OF THE COPYRIGHTS AND TRADEMARKS, NAMES, LOGOS AND SERVICE MARKS ARE FAMILYPOD, ITS AFFILIATES OR OTHER THIRD PARTY LICENSORS. EXCEPT AS STATED HEREIN, NONE OF THE CONTENTS OF THE WEBSITE OR APP MAY BE MODIFIED, COPIED, PRINTED, REPRODUCED, DISTRIBUTED, REPUBLISHED, PERFORMED, DOWNLOADED, DISPLAYED, POSTED, TRANSMITTED AND/OR OTHERWISE USED IN ANY FORM OR BY ANY MEANS, INCLUDING BUT NOT LIMITED TO ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHER MEANS, WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF FAMILYPOD.

8. DMCA STATEMENT

OWNERS OF COPYRIGHTS OR THEIR AGENTS THAT BELIEVE ANY CONTENT ON THIS WEBSITE OR APP INFRINGES UPON SAID COPYRIGHTS WILL SUBMIT A NOTICE PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) TO FAMILYPOD IMMEDIATELY UPON DISCOVERY. IF YOU WISH TO FILE A TAKEDOWN REQUEST VIA MAIL OR BY E-MAIL, PLEASE PROVIDE THE FOLLOWING INFORMATION AS OUTLINED BY THE DMCA TO THE CONTACT INFORMATION BELOW.

• THE ELECTRONIC OR PHYSICAL SIGNATURE OF THE OWNER OF THE COPYRIGHT OR THE PERSON AUTHORIZED TO ACT ON THE OWNER’S BEHALF.

• A DESCRIPTION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED AND A DESCRIPTION OF THE INFRINGING ACTIVITY.

• IDENTIFICATION OF THE LOCATION WHERE THE ORIGINAL OR AN AUTHORIZED COPY OF THE COPYRIGHTED WORK EXISTS.

• IDENTIFICATION OF THE URL OR OTHER SPECIFIC LOCATION ON THIS WEBSITE OR APP WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED; YOU MUST INCLUDE ENOUGH INFORMATION TO ALLOW US TO LOCATE THE MATERIAL.

• YOUR NAME, ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS SO THAT WE MAY CONTACT YOU.

• A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW.

• A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR ARE AUTHORIZED TO ACT ON THE COPYRIGHT OWNER’S BEHALF.

ANY NOTICES GIVEN PURSUANT TO THE DMCA SHALL BE GIVEN TO THE DESIGNATED AGENT OF THE WEBSITE OR APP AT INFO@FAMILYPODUSA.COM 

9. LIMITATION OF LIABILITY

FAMILYPOD DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE WEBSITE OR APP IN ANY WAY. IN NO EVENT WILL FAMILYPOD BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FAMILYPOD OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FAMILYPOD FOR USE OF THE WEBSITE OR APP DURING THE TERM OF YOUR MEMBERSHIP/SUBSCIPTION. FAMILYPOD WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS WEBSITE OR APP, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE WEBSITE OR APP, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE WEBSITE OR APP. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION”.

COVID-19 SAFETY MEASURES. WITHOUT LIMITING THE REQUIREMENTS AND RESPONSIBILITIES SET FORTH ABOVE, ALL RECIPIENTS ACKNOWLEDGE AND AGREE THAT THE OBLIGATIONS UNDER THESE TERMS INCLUDE A USER’S RESPONSIBILITY FOR TAKING ALL APPROPRIATE HEALTH, SAFETY AND HYGIENE MEASURES TO PROTECT YOURSELF AND ANY USERS WITH WHOM YOU INTERACT FROM THE SPREAD OR POTENTIAL SPREAD OF INFECTIOUS DISEASES OR CONDITIONS, OR ANY OTHER UNHEALTHY, UNSAFE, OR UNSANITARY CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ENCOURAGE EACH USER TO SIGN THE STAYSAFE PLEDGE AVAILABLE AT HTTPS://FAMILYPODUSA.COM/STAYSAFEPLEDGE IF YOU ELECT TO DO SO, FAMILYPOD WILL “CERTIFY” YOU SO THAT OTHER USERS WILL KNOW THAT YOU HAVE SIGNED THE STAYSAFE PLEDGE AND ARE TAKING MEASURES TO STAY SAFE AND KEEP OTHERS AROUND YOU SAFE. YOU MUST WITHDRAW YOUR COMMITMENT FROM THE STAYSAFE PLEDGE IF YOU ARE NOT ABLE TO COMPLY WITH IT AT ANY TIME. WE MAY UPDATE OR SUPPLEMENT THE STAYSAFE PLEDGE FROM TIME TO TIME, INCLUDING TO RESPOND TO OR INCORPORATE ADDITIONAL OR UPDATED GUIDANCE, SO YOU MUST CHECK THE STAYSAFE PLEDGE FREQUENTLY AND DETERMINE WHETHER YOU ARE STILL ABLE TO COMPLY. FOR MORE INFORMATION ON HOW TO KEEP YOUR HOME SAFE, PLEASE REVIEW THE WHO AND/OR CDC‘S GUIDANCE. WHILE THE STAYSAFE PLEDGE SETS FORTH CERTAIN MEASURES DESIGNED TO KEEP USERS SAFE, FAMILYPOD CANNOT, AND DOES NOT, GUARANTEE ANY SERVICES OR CONDITIONS OR TAKE ANY RESPONSIBILITY OR LIABILITY FOR (A) A USER’S FAILURE TO PROVIDE SAFE, HEALTHY, AND SANITARY SERVICES OR ACCOMMODATIONS FOR THE SERVICES, (B) UNSAFE, UNHEALTHY, OR UNSANITARY CONDITIONS EVEN IF THE STAYSAFE PLEDGE IS FOLLOWED, OR (C) ANY SPREAD OR POTENTIAL SPREAD OF INFECTIOUS DISEASES OR CONDITIONS OR ANY OTHER UNHEALTHY, UNSAFE, OR UNSANITARY CONDITIONS RESULTING FROM USE OF THE SERVICES IN ANY MANNER.

10. ASSUMPTION OF RISK

YOU ASSUME ALL RISKS WHEN USING THE WEBSITE OR APP AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL RISKS ASSOCIATED WITH INTERACTING WITH USERS OF THE WEBSITE OR APP WHETHER IT BE ONLINE OR OFFLINE, INCLUDING ANY RISKS ASSOCIATED WITH PERMITTING YOUR CHILD OR CHILDREN TO DRIVE IN AN AUTOMOBILE WITH CAREGIVERS. FAMILYPOD ASSUMES NO LIABILITY RELATED TO ANY TRANSPORTATION PROVIDED BY CAREGIVERS AND FAMILYPOD DOES NOT CONTROL THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY TRANSPORTATION PROVIDED BY CAREGIVERS, REGARDLESS OF WHETHER THE AUTOMOBILE OR MOTOR VEHICLE IS OWNED BY YOU. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS OF THE WEBSITE OR APP, WHETHER IT BE ONLINE OR OFFLINE, INCLUDING SATISFYING YOURSELF WITH ANY CAREGIVER’S CREDENTIALS, DRIVERS RECORDS, INSURANCE POLICIES, EMPLOYMENT HISTORY, AND/OR PERMITS SUFFICIENT TO PROTECT YOUR CHILD. FAMILYPOD IS NOT AN OWNER OR OPERATOR OF AUTOMOBILES OR OTHER TRANSPORTATION VEHICLES AND DOES NOT OWN, RESELL, SELL, FURNISH, PROVIDE, RENT, RE-RENT, MANAGE, OR CONTROL ANY VEHICLES OR TRANSPORTATION OR TRAVEL SERVICES. FAMILYPOD’S SERVICES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE SERVICES.

11. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FAMILYPOD, NANNYPOD USA INCORPORATED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO ALL ATTORNEYS’ FEES CHARGED TO FAMILYPOD, ARISING OUT OF OR RELATING TO YOUR MATERIAL; YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR APP; ANY VIOLATION OF THESE TERMS OF USE BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR APP ON YOUR BEHALF; YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY USERS; YOUR INTERACTIONS WITH OTHER USERS; AND YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.

12. RELEASE

IF YOU HAVE A DISPUTE WITH ONE OR MORE OF THE OTHER USERS OF THE WEBSITE OR APP, YOU RELEASE FAMILYPOD AND NANNYPOD USA INCORPORATED (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

13. CONFLICTS

SHALL A CONFLICT OR CONTRADICTION EXIST BETWEEN THESE TERMS AND ANY OTHERS WHICH RELATE SPECIFICALLY TO A PARTICULAR SECTION OF THE WEBSITE OR APP, THE SPECIFIC TERMS RELEVANT THAT SECTION SHALL PREVAIL.

14. SEVERABILITY

ANY PROVISION OF THIS AGREEMENT FOUND TO BE UNENFORCEABLE WILL NOT VOID NOR AFFECT OTHER PROVISIONS OF THE AGREEMENT.

15. RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

WE OFFER THE FOLLOWING PROCESS TO HELP YOU RESOLVE A COMPLAINT OR DISPUTE (AS DEFINED BELOW) THAT YOU MAY HAVE WITH FAMILYPOD OR THE USE OF THIS WEBSITE OR APP. PLEASE READ THIS SECTION CAREFULLY. OUR CUSTOMER SERVICE DEPARTMENT, WHICH YOU CAN REACH AT INFO@FAMILYPODUSA.COM CAN HELP YOU RESOLVE MOST OF YOUR CONCERNS. IF OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR COMPLAINT OR DISPUTE, YOU AGREE TO TAKE THE FOLLOWING STEPS TO RESOLVE ANY DISPUTE YOU MAY HAVE WITH US.

STEP 1. NOTICE OF DISPUTE

YOU MUST FIRST TRY TO RESOLVE ANY COMPLAINT OR DISPUTE WITH US THROUGH OUR NOTICE OF DISPUTE PROCESS. YOU BEGIN BY SUBMITTING A “NOTICE OF DISPUTE” WITH ANY SUPPORTING DOCUMENTS OR OTHER INFORMATION BY EMAIL TO: INFO@FAMILYPODUSA.COM 

A “NOTICE OF DISPUTE” IS A WRITTEN FORM IN WHICH YOU PROVIDE YOUR NAME, ADDRESS, CONTACT INFORMATION, EMAIL ADDRESS, THE FACTS REGARDING YOUR DISPUTE, AND THE RELIEF YOU ARE REQUESTING FROM US. ONCE WE RECEIVE YOUR NOTICE OF DISPUTE, YOU AND WE WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN FORTY-FIVE (45) DAYS FROM THE DATE THE NOTICE OF DISPUTE IS RECEIVED BY US. IF AN AGREEMENT CANNOT BE REACHED WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF THE NOTICE OF DISPUTE, YOU OR WE MAY INITIATE AN ARBITRATION PROCEEDING OR SMALL CLAIMS ACTION AS DESCRIBED BELOW.

YOU AGREE THAT THE TERM “DISPUTE” IN THESE TERMS OF USE WILL HAVE THE BROADEST MEANING POSSIBLE. IT APPLIES TO ANY DISPUTE, ACTION, OR OTHER CONTROVERSY BETWEEN YOU AND US RELATING TO THE WEBSITE OR APP, THE SERVICES, THE TERMS OF USE (OR ANY BREACH THEREOF) – WHETHER IN CONTRACT, WARRANTY, TORT, LAWS OR REGULATION. THE TERM ALSO APPLIES TO ANY DISPUTE OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS ARBITRATION PROVISION.

STEP 2: ARBITRATION

IF YOUR DISPUTE IS NOT RESOLVED TO YOUR SATISFACTION WITHIN 45 DAYS FROM WHEN WE RECEIVED YOUR NOTICE OF DISPUTE, YOU AND WE AGREE TO ARBITRATE ALL DISPUTES BETWEEN US. AS WE EXPLAIN BELOW, YOU AND WE MAY ALSO HAVE THE RIGHT TO BRING AN INDIVIDUAL ACTION BEFORE A SMALL CLAIMS COURT FOR CERTAIN CLAIMS. YOU AGREE THAT ARBITRATION OR A SMALL CLAIMS ACTION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY TO RESOLVE ANY DISPUTE WITH US. THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT.

BY AGREEING TO ARBITRATE, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY AND ALL DISPUTES IN A COURT BEFORE A JUDGE OR JURY (EXCEPT SMALL CLAIMS COURT). INSTEAD, A NEUTRAL ARBITRATOR WILL RESOLVE ALL DISPUTES.

TO READ MORE ABOUT ARBITRATION, VISIT WWW.ADR.ORG. THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) WILL CONDUCT ANY ARBITRATION UNDER ITS CONSUMER ARBITRATION RULES IN EFFECT AT THAT TIME. YOU CAN REVIEW THE CONSUMER ARBITRATION RULES HERE: HTTPS://WWW.ADR.ORG/AAA/SHOWPROPERTY?NODEID=/UCM/ADRSTAGE2021425&]. YOU MAY BEGIN AN ARBITRATION WITH US BY COMPLETING A DEMAND FOR ARBITRATION FORM, AVAILABLE BY CLICKING HERE: HTTPS://WWW.ADR.ORG/AAA/SHOWPDF?DOC=ADRSTG_015820]. THE COMPLETED FORM(S) SHOULD BE RETURNED DIRECTLY TO THE AAA. THE AAA WILL ASSIGN SOMEONE TO MANAGE YOUR CASE. YOU WILL BE CONTACTED WITH INSTRUCTIONS FOR CONTINUING THE ARBITRATION PROCESS. BE SURE TO KEEP A COPY OF EVERYTHING YOU SEND TO THE ADMINISTRATOR OF YOUR ARBITRATION OR US. IF, FOR ANY REASON, THE AAA IS UNAVAILABLE, THE PARTIES SHALL MUTUALLY SELECT ANOTHER ARBITRATION FORUM WHICH WILL BE GOVERNED BY THE AAA CONSUMER ARBITRATION RULES. THE AAA RULES WILL DETERMINE WHETHER THE ARBITRATION WILL TAKE PLACE THROUGH WRITTEN SUBMISSIONS BY YOU AND US, BY TELEPHONE, OR IN PERSON.

CLASS ACTION WAIVER

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.

COSTS

IF YOU INITIATE AN ARBITRATION WITH THE AAA, WE WILL PROMPTLY REIMBURSE YOU FOR ANY STANDARD FILING FEE YOU MAY HAVE BEEN REQUIRED TO PAY BY THE AAA, ONCE YOU HAVE NOTIFIED US IN WRITING AND PROVIDED A COPY OF THE ARBITRATION DEMAND. HOWEVER, IF WE ARE THE PREVAILING PARTY IN THE ARBITRATION, WE WILL BE ENTITLED TO SEEK AND RECOVER OUR ATTORNEYS’ FEES AND COSTS, SUBJECT TO THE ARBITRATOR’S DETERMINATION AND APPLICABLE LAW.

SMALL CLAIMS OPTION

YOU MAY ALSO LITIGATE ANY DISPUTE IN SMALL CLAIMS COURT IN THE COUNTY OF CHARLESTON, SOUTH CAROLINA, IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE HEARD IN THE SMALL CLAIMS COURT. IF YOU INITIATE A SMALL CLAIMS CASE, YOU ARE RESPONSIBLE FOR ALL OF YOUR COURT COSTS.

CHOICE OF LAW AND FORUM SELECTION

YOU AGREE THAT THE LAWS OF THE STATE OF SOUTH CAROLINA GOVERN THIS AGREEMENT AND ANY CLAIM OR DISPUTE OR ISSUES ARISING FROM IT, WITHOUT REGARD TO SOUTH CAROLINA’’S CONFLICT OF LAWS RULES.

UNLESS YOU AND WE AGREE OTHERWISE, IN THE EVENT THAT THE AGREEMENT TO ARBITRATE ABOVE IS FOUND NOT TO APPLY TO YOU OR TO A PARTICULAR CLAIM OR DISPUTE AS A RESULT OF A DECISION BY THE ARBITRATOR OR A COURT ORDER, YOU AGREE THAT ANY DISPUTES OR CLAIMS THAT YOU MAY HAVE AGAINST US RESIDE IN AND WILL BE RESOLVED BY A STATE OR FEDERAL COURT LOCATED IN CHARLESTON COUNTY IN THE STATE OF SOUTH CAROLINA AND YOU AGREE AND SUBMIT TO THE EXERCISE OF PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM OR ACTION.

GOVERNING LAW & EXCLUSIVE VENUE

USE OF THE WEBSITE OR APP AND ANY CLAIM RELATING TO FAMILYPOD SHALL BE GOVERNED BY THE LAWS OF THE STATE OF SOUTH CAROLINA AND LITIGATED IN THE STATE OF SOUTH CAROLINA. ANY DISPUTES, ACTIONS, CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE OR APP SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SOUTH CAROLINA. THE CHOICE OF LAW OF AND EXCLUSIVE VENUE IN SOUTH CAROLINA APPLY TO YOU REGARDLESS OF WHERE YOU ARE ACCESSING THE WEBSITE OR APP FROM, EVEN IF YOU ARE ACCESSING THE WEBSITE OR APP FROM OUTSIDE OF THE UNITED STATES OF AMERICA.

THE TERMS AND CONDITIONS, TOGETHER WITH ANY AGREEMENTS OR UNDERSTANDINGS PRESENTED UPON REGISTRATION OR BOOKING, REPRESENT THE PARTIES’ ENTIRE UNDERSTANDING RELATING TO THE USE OF THE WEBSITE OR APP AND SUPERSEDES ANY PRIOR OR CONTEMPORANEOUS, CONFLICTING OR ADDITIONAL, COMMUNICATIONS. FAMILYPOD RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS, TERMS OF USE OR POLICIES RELATING TO THE SERVICES AT ANY TIME AND FROM TIME TO TIME, AND SUCH CHANGES WILL BE EFFECTIVE UPON BEING POSTED HEREIN. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN CURRENT TERMS OF USE BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES OF THE WEBSITE OR APP, WHICH MAY BE POSTED FROM TIME TO TIME. YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES AND/OR POSTINGS SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. IF ANY PROVISION OF THESE TERMS OF USE IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISION(S) SHALL BE CONSTRUED TO REFLECT THE INTENTIONS OF THE INVALID OR UNENFORCEABLE PROVISION(S), WITH ALL OTHER PROVISIONS REMAINING IN FULL FORCE AND EFFECT.

YOU MAY NOT ASSIGN THESE TERMS OF USE WITHOUT THE PRIOR WRITTEN APPROVAL OF FAMILYPOD. ANY PURPORTED ASSIGNMENT IN VIOLATION OF THIS SECTION SHALL BE VOID. FAMILYPOD RESERVES THE RIGHT TO USE THIRD PARTY PROVIDERS IN THE PROVISION OF THE SERVICES AND/OR THE GOODS, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. IN THE EVENT OF ANY LITIGATION OF ANY CONTROVERSY OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, ITS INTERPRETATION, ITS PERFORMANCE, OR THE LIKE, THE PREVAILING PARTY SHALL BE AWARDED REASONABLE ATTORNEYS’ FEES AND EXPENSES, COURT COSTS, AND REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES ATTRIBUTABLE TO THE PROSECUTION OR DEFENSE OF THAT CONTROVERSY OR DISPUTE. ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FAMILYPOD.

IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS OR WISH TO CONTACT US FOR ANY MATTER, PLEASE CLICK THIS LINK, THANK YOU.

THANK YOU FOR READING OUR TERMS AND CONDITIONS. WE HOPE THAT IT IS CLEAR AND EASY TO UNDERSTAND. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO GET IN TOUCH. THANK YOU.

WITH LOVE,

THE FAMILYPOD TEAM 

FAMILYPOD™ IS OWNED AND BUILT BY NANNYPOD USA INCORPORATED. ALL RIGHTS RESERVED. NANNYPOD™.