Last updated: 02/19/2015
Through the Service, we offer an online marketplace that connects individuals seeking care services (each a “Care Seeker”) with individuals who are willing to provide such services (each a “Care Giver”). Care Seekers can search for Care Givers based on the Care Seekers’ needs and preferences and determine whether to hire a particular Care Giver. If a Care Seeker is interested in hiring a Care Giver, the parties may enter into a contract and finalize the transaction.
We also offer a back up service (the “LeanOnWe’ve Got You Covered”) that may enable Care Seekers to have access to periodic emergency backup care services in situations where a Care Giver they have contracted with is not available to provide its services. Although LeanOnWe may provide Care Seekers with a list of Care Givers available to provide backup care services, LeanOnWe is not a party to any transaction between such Care Givers and Care Seekers. LeanOnWe shall use commercially reasonable efforts to find Care Givers to provide such emergency backup care services but will not be liable if such Care Givers are not available to satisfy your requirements.
Although you are able to find information about Care Givers and Care Seekers through our Service, and we facilitate payment by Care Seekers to Care Givers, we are not a party to any transaction between a Care Giver and a Care Seeker. Accordingly, we shall have no liability to any party in connection with such transaction. We do recommend, however, that in connection with each transaction, the Care Seeker and Care Giver reduce their agreement to writing, to the extent possible. We may use a third party service provider to provide you with payroll and tax processing services. You acknowledge and agree that we shall have no liability in connection with such services. Furthermore, Care Seekers and Care Givers acknowledge and agree that they are solely responsible for determining their own tax reporting requirements in consultation with their own tax advisors, and LeanOnWe cannot, and does not, offer tax advice to any Care Seeker or Care Giver.
YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, FAMILY MEMBERS, PARTNERS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT LEANONWE AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH THE SERVICE, YOUR INTERACTION WITH OTHER CARE SEEKERS AND/OR CARE GIVERS, ANY TRANSACTION, AND YOUR EXPERIENCE AS A CARE SEEKER OR A CARE GIVER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS THE INTENTION OF THE PARTIES THAT THE FOREGOING RELEASE AND DISCHARGE SHALL BE EFFECTIVE AS A BAR TO ALL CLAIMS OF WHATEVER CHARACTER, NATURE, AND KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, HEREINABOVE SPECIFIED TO BE SO BARRED. IN FURTHERANCE OF THIS INTENTION, THE RELEASING PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON THEM BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NOTWITHSTANDING ANYTHNG TO THE CONTRARY, LEANONWE DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD LEANONWE HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE.
If you would like to use the Service, you will need to register as a Care Giver or a Care Seeker by creating an account. During the registration process, you will have to provide your name, email address, physical address and telephone number and any other information required to complete the registration process. You will also need to create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. We are under no obligation to accept any individual as a Care Giver or a Care Seeker, and may accept or reject any registration in our sole and absolute discretion. Registration as a Care Giver does not imply acceptance by LeanOnWe.
Care Seeker agrees to pay LeanOnWe the fees mutually agreed upon by the Care Seeker and the Care Giver for the services rendered by the Care Giver (the “Fees”). In exchange for using the Service, Care Givers and Care Seekers shall also pay the applicable service fee (the “Service Fee”) to LeanOnWe. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you. All fees paid to LeanOnWe are non-refundable, unless we determine in our sole discretion that a refund is warranted due to extraordinary circumstances.
Care Seekers and Care Givers are responsible for ensuring that they comply with any obligations to pay, collect, and/or remit any sales, use, or other taxes or governmental charges in connection with any transaction they may enter into through the Service.
LeanOnWe may make one or more third party verification services (each a “Verification Service”) available to Care Seekers and Care Givers for the purpose of authenticating certain information that may include, but is not limited to, name, social security number, address, and criminal background (collectively, “Background Information”). If you choose to use Background Information provided by a Verification Service made available by LeanOnWe, you represent and warrant that you fully understand and agree that LeanOnWe is merely a passive conduit for the Verification Service and does not have actual or implied control over, nor assumes any responsibility for, the accuracy, reliability or quality of the Background Information provided by the Verification Service. Moreover, you acknowledge and agree that we may review the Background Information provided by Verification Services and that we reserve the right, but not the obligation, in our sole and absolute discretion, to terminate your account based on the Background Information.
By this notice, pursuant to the Fair Credit Reporting Act (the "FCRA"), LeanOnWe notifies you that if you decide to engage a Verification Service made available by LeanOnWe, the Verification Service may obtain a consumer report about you from one or more consumer reporting agencies. Such consumer reports may contain information on your character, personal characteristics, general reputation, and mode of living, including but not limited to, to the extent applicable, consumer credit, criminal history, workers' compensation, motor vehicle, employment, military, civil, and educational data and reports. If you decide to engage a Verification Service made available by LeanOnWe, you represent and warrant that: (i) you will use such information only for a purpose permitted under, and in compliance with all applicable provisions of, the FCRA (available at http://www.ftc.gov/os/statutes/fcrajump.shtm), as well as any other applicable consumer reporting law, and (ii) if you choose to access, use, or share Background Information provided by the Verification Service with any other party, you agree to do so in compliance with all federal, state, and local statutes, rules and regulations, and to indemnify, defend, and hold harmless LeanOnWe from any loss, damage, liability, or costs that may arise from such access, use, and/or sharing of this Background Information, regardless of the cause. LeanOnWe does not assume and expressly disclaims any liability that may arise from the use of Background Information provided by a Verification Service.
(b) User Generated Content. You may post and/or create content through the Service (hereinafter, "User Generated Content"). We cannot and do not review User Generated Content. We may act as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. Once you submit User Generated Content through the Service, including any personally identifying information, it may be accessible by other Care Seekers and Care Givers. You retain all copyrights and other intellectual property rights in and to the User Generated Content. However, you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for us to provide the Service.
Advice, opinions, offers, statements, or other information or User Generated Content that is made available on the Site or through the Service, but not directly by LeanOnWe, are those of their respective authors, and said authors are solely responsible for such User Generated Content. LeanOnWe cannot and does not: (i) guarantee the accuracy, usefulness, or completeness of any information or User Generated Content on the Site or available through the Service, or (ii) endorse, adopt, or accept responsibility for the reliability or accuracy of any advice, opinion, or statement made by any party that appears on the Site or through the Service. Under no circumstances will LeanOnWe be responsible for any loss or damages resulting from: (a) your reliance on information or other User Generated Content posted on the Site or transmitted to or by any user of the Site or Service; or (b) recommendations, reviews, or other comments made about you on the Site by other users.
By accessing and/or using the Service, you hereby agree that:
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
NONE OF LEANONWE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “LEANONWE PARTIES”) ENDORSE ANY CARE GIVER, CARE SEEKER, OR ANY USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY CARE GIVER OR CARE SEEKER) SUBMITTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE SERVICE MERELY ACTS AS A VENUE THAT CONNECTS CARE SEEKERS WITH CARE GIVERS. NONE OF THE LEANONWE PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN CARE GIVERS AND CARE SEEKERS, THE QUALITY, LEGALITY AND THE DELIVERY OF THE CARE GIVERS SERVICES OR FOR ANY RESULTS CAUSED BY USING THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. NONE OF THE LEANONWE PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CARE SEEKER OR CARE GIVER. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE LEANONWE PARTIES WARRANT THAT THE SITE OR THE SERVICE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE LEANONWE PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICE. YOUR USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SAME.
We, in our sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
The Site and the Service are based in the United States, and are intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Service, or any content, functions or materials made available to you through the Site and/or the Service may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you believe the Site or the Service contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
To contact our Copyright Agent by regular mail, please write to:
Copyright Agent [INSERT ADDRESS]
To contact our Copyright Agent by email, please write to [INSERT email address], with COPYRIGHT NOTICE in the subject line. [Note to Draft: We have included the Digital Millennium Copyright Act (DMCA) Safe Harbor language in this section because it will shield LeanOnWe from some claims of copyright infringement. To comply with the DMCA Safe Harbor, you need to complete a form, and pay a $105 fee, to the U.S. Copyright Office, to designate a DMCA agent. Here are the applicable links: http://www.copyright.gov/onlinesp/]