1.1 About Our Services

Care On the Way offers various Services to help its users find, coordinate, and maintain quality care. The Services we offer include, among others:

• We enable individuals seeking neurodiverse care services and corporate care providers seeking to hire individual care providers (such as child centers, in-home care agencies, and senior living facilities) (each “Care Seekers”) to post jobs on the Application, and we enable individuals and entities who provide care services to post profiles on the Application and apply to jobs (“Care Providers”).
• We provide search functionality on the Application to allow Care Seekers and individual Care Providers to narrow the pool of Care Seekers or Care Providers they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Care Seekers and Care Providers to communicate without sharing contact information.
• We provide tools and information to help Care Seekers and Care Providers make more informed decisions, such as (i) our safety center (located at https://careontheway.com/parent-safety-tips/ for Care Seekers and https://careontheway.com/caregiver-safety-tips/ for Care Providers), which includes a safety guide and safety resources, (ii) verification dashboards on Care Provider profiles, which enable Care Seekers to check the status of a Care Provider’s various verifications, and (iii) a process for Care Seekers to obtain background check reports from Sterling Infosystems, Inc. on individual Care Providers who consent to the running and sharing of those reports.
• The Application enables Registered Users to view profiles of other Registered Users as well as communicate and share information with other Registered Users who share a common interest or bond.
• We offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates the payment of Care Providers by Care Seekers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, Care Providers that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Care On the Way enabling payment processing services through Stripe, you agree to provide Care On the Way accurate and complete information about you, and you authorize Care On the Way to share it and transaction information related to your use of the payment processing services provided by Stripe. Care On the Way assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.

Our Services continue to grow and change. Please refer to our Application for further information about the Services we provide.

1.2 Limitations of our Services

We offer a variety of Services to help our users find, coordinate, and maintain care for their families. However, we do not employ any Care Providers. Care Seekers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws). Further, we do not have control over the quality, timing, or legality of the services actually delivered by Care Providers, or of the integrity, responsibility or actions of Care Seekers or Care Providers and we neither refer or recommend Care Seekers or Care Providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private or offline interactions.

Care Seeker and Care Provider content is primarily user generated, and we do not control or vet user generated content for accuracy. Care On the Way does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off this Application. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.

Care On the Way is not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider, or other user of the Application or Services. Moreover, Care On the Way does not assume and expressly disclaims any liability that may result from the use of information provided on our Application. All users, including both Care Seekers and Care Providers, hereby expressly agree not to hold Care On the Way (or Care On the Way’s officers, managers, members, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any information, instruction, advice or services which originated through the Application, and, Care On the Way and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.3 User Responsibilities

Any screening of a Care Seeker or Care Provider and his, her or its information by Care On the Way is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.

Please visit our Safety Center at https://careontheway.com/parent-safety-tips/ for Care Seekers and https://careontheway.com/caregiver-safety-tips/ for Care Providers for recommendations on how to make more informed hiring and employment decisions. Each Care Seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Care Provider they select as well as that Care Provider’s eligibility to work in the US.

By requesting to use, registering to use and/or using the Application or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

• Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Application or Services.
• The Application and the Services are currently available only to individuals who are legally in the United States.
• If you are registering to be a Care Provider, you must be permitted to legally work within the United States.
• Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
• You must not be a competitor of Care On the Way or using our Services for reasons that are in competition with Care On the Way.
• If you are an individual Care Seeker you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).

If you provide child care services in the State of Kansas, you must not be a licensed day care provider or provide your services outside the child’s home.

3.1 Registration, Posting, and Content Restrictions

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

• You are responsible for providing accurate, current and complete information in connection with your registration for use of the Application and the Services.
• You will register your account in your own legal name, even if you are seeking care for another individual or family member.
• Unless otherwise permitted by Care On the Way, all Content you post will be in English as the Application and Services generally are not supported in any other languages.
• You are solely responsible for any Content that you post on the Application, or transmit to other users of the Application. You will not post on the Application, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Care On the Way where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Care On the Way or to any other user of the Application, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
• You understand and agree that Care On the Way may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Care On the Way violates these Terms or which Care On the Way determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Application or others.
• You have the right, and hereby grant, to Care On the Way, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Care On the Way will not infringe or violate the rights of any third party.
• Your use of the Services, including but not limited to the Content you post on the Application, must be in accordance with any and all applicable laws and regulations.
• Care On the Way is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Application.
• We welcome your feedback and questions about the Application and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Application, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Care On the Way and we may use all such communications, all without notice to, consent from, or compensation to you.

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

You agree that Care On the Way has no obligation to remove any reviews or other information posted on the Application about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.

Care On the Way disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Application. Users hereby represent, understand and agree to hold Care On the Way harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Application or in any other venue.

3.2 Exclusive Use

If you are a Care Seeker, you may use your account only to find care for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian or another Care Seeker with whom you are entering a shared child care arrangement. If you are a Care Provider, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3 Prohibited Uses

By using the Application or Services of Care On the Way, you agree that you will not under any circumstances:

• use the Application, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the Application or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Care On the Way or for the promotion of illegal activities;
• harass, abuse or harm another person or group, or attempt to do so;
• use another user’s Care On the Way account;
• provide false or inaccurate information when registering an account on Care On the Way, using the Services or communicating with other Registered Users;
• attempt to re-register with Care On the Way if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
• interfere or attempt to interfere with the proper functioning of Care On the Way’s Services;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
• use the communication systems provided by or contacts made on Care On the Way for any commercial solicitation purposes;
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of phone numbers a Care Seeker may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.

Should Care On the Way find that you violated the terms of this Section or any terms stated herein, Care On the Way reserves the right, at its sole discretion, to immediately terminate your use of the Application and Services. By using the Application and/or Services, you agree that Care On the Way may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Care Provider or Care Seeker 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 Application, or (ii) otherwise mis-use or mis-appropriate Application 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 Care On the Way may have under these Terms or applicable law.

Further, in order to protect the integrity of the Application and the Services, Care On the Way reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Application.

4.1 Care Providers Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members

Care On the Way offers to individuals who have registered as Care Seekers background check services (“Background Checks”). All Background Checks require payment of a separate fee by the member who is initiating the background check request and are subject to the consent of the Care Provider on whom the check is being performed.

Each of these Background Checks is regulated by the Fair Credit Reporting 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.

Care On the Way will receive a copy of each Background Check you order or authorize through Care On the Way. See Section 4.3 below for information regarding Care On the Way’s use of these Background Checks. You are responsible for making sure that the email address you provide to Care On the Way is correct, knowing that sensitive information will be sent to it.

4.2 Special Responsibilities of Users of Background Check under FCRA

The use of any background check reports obtained through the Application is governed by the federal Fair Credit Reporting Act (“FCRA”) and certain state laws. If you order or request access to background check on a Care Seeker, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained the background check can be found http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. if you choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report.

4.3 Care On the Way May Review and Use Background Checks You Order or Authorize About Yourself

By registering for and using the Application or Services as an individual Care Provider, and subject to your authorization, you acknowledge and agree that Care On the Way may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Application and its users, which may, in the case of certain Care Providers, be considered an employment purpose pursuant to the FCRA. Care On the Way reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.

If Care On the Way terminates your membership or access to the Application on the basis of information in a 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. You hereby represent, understand and expressly agree that Care On the Way does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Care On the Way.

4.4 Care On the Way May Order and Use Background Screenings About You

By registering for and using the Application or Services as a Care Seeker or Care Provider, you hereby acknowledge and agree that Care On the Way has the right, but not the obligation, to use a consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Application and its users (“Preliminary Membership Screens”), which may, in the case of certain Care Providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Care Provider, Care On the Way may order these screenings when you register with Care On the Way and thereafter in connection with your continued use of our Services and/or interaction with our Application (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).

These Internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered “consumer reports” under FCRA.

You understand and agree that Care On the Way may review the information provided by the third-party consumer reporting agency and that Care On the Way retains the right to terminate your Care On the Way registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Care On the Way terminates your membership or access to the Application on the basis of information in a background report, 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. You hereby represent, understand and expressly agree that Care On the Way does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Care On the Way) within the time period specified in your notice. Notwithstanding this, you agree that Care On the Way is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.

BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARE ON THE WAY 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 CARE ON THE WAY.

4.5 Care On the Way May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

By registering as a Care Provider or Care Seeker, and, if applicable to you as a Care Provider, you authorize Care On the Way, and acknowledge that for purposes of promoting the safety and integrity of its Application and Service, Care On the Way reserves the right, but not the obligation, to utilize service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

You agree that Care On the Way may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Care On the Way.

You also hereby represent, understand and expressly agree that Care On the Way does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.

BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARE ON THE WAY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARE ON THE WAY.

4.6 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks

SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.

This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through Care On the Way; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).

In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.

If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Care On the Way 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 a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.

You expressly acknowledge that Care On the Way has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Care On the Way 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 Services.

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

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

Care On the Way uses the information you provide on the Application or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

Links from the Application to external sites (including external sites that are framed by Care On the Way) or inclusion of advertisements and other third-party content do not constitute an endorsement by Care On the Way of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience.

Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Care On the Way does not control such sites, and is not responsible for their content.

Users further acknowledge that use of any site or content controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Care On the Way’s Terms of Use and Privacy Policy. Care On the Way expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Application. All users hereby agree to hold Care On the Way harmless from any liability that may result from the use of links that may appear on the Application.

In order to utilize some Care On the Way Services or product offerings, the user of such Services or product offerings must pay Care On the Way either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. See our Payment, Fees and Cancellation Policy at https://careontheway.com/parent-cancellation-and-refund-policy/ for Care Seekers and https://careontheway.com/caregiver-cancellation-and-refund-policy/ for Care Providers.

8.1 Billing and Payment

If you sign up for a Care On the Way paid membership subscription, you agree to pay Care On the Way all subscription charges associated with the plan you subscribe to as described on the Application at the time you subscribe and provide your payment information. You also authorize Care On the Way, 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. Care On the Way reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Care On the Way to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Care On the Way already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

See our Payment, Fees and Cancellation Policy at https://careontheway.com/parent-cancellation-and-refund-policy/ for Care Seekers and https://careontheway.com/caregiver-cancellation-and-refund-policy/ for Care Providers.

8.2 Automatic Subscription Renewal and Cancellation

CARE ON THE WAY 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 ON THE SITE 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 on the Payment, Fees and Cancellation Policy at https://careontheway.com/parent-cancellation-and-refund-policy/ for Care Seekers and https://careontheway.com/caregiver-cancellation-and-refund-policy/ for Care Providers or contacting Care On the Way’s customer service department at hello@careontheway.com. 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.

8.3 Free Trial Offers

Care On the Way may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Care On the Way Service on a fourteen (14) day free trial basis may have limited access to the Service and/or features of the Application. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by Care On the Way at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the Care Seeker or Care Provider must downgrade or cancel their subscription, and request a refund of the subscription fee within seven (7) days of being charged the subscription fee for the Service. Upon cancellation, the Care Seeker or Care Provider’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.

8.4 Refund Policy

Except as set forth in these Terms or as described on the Application at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Care On the Way does not provide refunds or credits under any circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.

See our Payment, Fees and Cancellation Policy at https://careontheway.com/parent-cancellation-and-refund-policy/ for Care Seekers and https://careontheway.com/caregiver-cancellation-and-refund-policy/ for Care Providers for additional information.

Care On the Way is not an employer of Care Providers. Care Seekers may seek the services of a Care Provider through the use of the Application or Services, and Care Providers may post profiles and submit proposals to Care Seekers regarding their services.

If a Care Seeker agrees on the provision of services from an individual, company or agency, such agreement is solely between the Care Seeker and the Care Provider; Care On the Way is not a party to any such agreement.

Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by the Care Seeker and the Care Provider. Care On the Way will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues.

By using this Application or our Services, you hereby represent, understand, and expressly agree to hold Care On the Way harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Care Seeker, Care Provider or other user(s) of the Application. You agree to take reasonable precautions in all interactions with Care Seekers, Care Providers or other users of the Application or the Services, particularly if you decide to meet offline. In addition, you agree to visit the Care On the Way Safety Center at https://careontheway.com/parent-safety-tips/ for Care Seekers and https://careontheway.com/caregiver-safety-tips/ for Care Providers prior to using the Service for additional helpful information. By using the Application or the Services, you agree to report any alleged improprieties of any users therein to Care On the Way immediately by notifying Care On the Way of the same via electronic correspondence.

Care On the Way is intended for people 18 or over. Care On the Way will not knowingly collect any information from individuals under 18. Should we determine that you do not meet the age requirements for using our Application or Services, your registration will be terminated immediately.

11.1 No Warranty

The information and materials contained on the Application, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Care On the Way, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CARE ON THE WAY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARE ON THE WAY; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARE ON THE WAY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

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

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

11.2 Assumption of Risk

You assume all risk when using the Application and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Application or the Services. You agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in Care On the Way’s Safety Center at https://careontheway.com/parent-safety-tips/ for Care Seekers and https://careontheway.com/caregiver-safety-tips/ for Care Providers, when interacting with other site visitors or Registered Users.

11.3 Limitation of Liability

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

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

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

11.4 Indemnification

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

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

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Care On the Way’s agent for relating to this Application is as follows:

Oscar Caicedo
Care On the Way, LLC
2066 Potomac Way
San Mateo, CA 94403

hello@careontheway.com

Phone: 415-617-5122

In an effort to protect the rights of copyright owners, Care On the Way maintains a policy for the termination, in appropriate circumstances, of members and other users of this Application who are repeat infringers.

13.1 Agreement to Arbitrate

This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Care On the Way or a Care On the Way Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Application, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND CARE ON THE WAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARE ON THE WAY EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST CARE ON THE WAY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CARE ON THE WAY USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to .

13.3 Pre-Arbitration Dispute Resolution

Care On the Way is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at hello@careontheway.com or at Care On the Way, LLC, 2066 Potomac Way, San Mateo, CA 94109.

13.4 Arbitration Procedures

If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

To commence an arbitration against Care On the Way, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Care On the Way at Care On the Way, LLC 2066 Potomac Way, San Mateo, CA 94109. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Care On the Way may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Care On the Way subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Care On the Way, unless the arbitrator requires otherwise.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Care On the Way users, but is bound by rulings in prior arbitrations involving the same Care On the Way user to the extent required by applicable law.

13.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Care On the Way will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Care On the Way will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Care On the Way for all fees associated with the arbitration paid by Care On the Way on your behalf that you otherwise would be obligated to pay under the JAMS rules.

13.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13.7 Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Care On the Way users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Application or Services for the first time. If you are already a current Care On the Way user and previously accepted the Care On the Way Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than January 17, 2021. You must mail the Opt-Out Notice to Care On the Way, LLC, 2066 Potomac Way, San Mateo, CA 94403. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Care On the Way account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Care On the Way will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Care On the Way users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Care On the Way will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.

13.8 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Care On the Way prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Application, and shall not be effective as to any claim that was filed in a legal proceeding against Care On the Way prior to the effective date of removal.

These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of California, including California’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.

Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Care On the Way must be resolved exclusively by a state or federal court located in the State of California. You and Care On the Way agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.

By using the Application or Services of Care On the Way, you agree to allow Care On the Way to communicate with you electronically, and you consent to electronic delivery of notices, documents or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Care On the Way via the Application, mobile application, online messaging platform or e-mail. You also agree to check your Care On the Way account, alerts, and messages, and the e-mail account reflected on your Care On the Way account on a reasonably regular basis to stay apprised of important notices and information about your account.

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.

If you have any questions or need further information as to the Application or Services provided by Care On the Way, or need to notify Care On the Way as to any matters relating to the Application or Services please contact Care On the Way at:

Care On the Way, LLC
2066 Potomac Way
San Mateo, CA 94403