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 independent 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/family-safety-tips/ for Care Seekers andhttps://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 service, a feature 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 accurate and complete payment information, and you authorize Care On the Way to share transaction-related information with 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 evolve. Please refer to our Application for further details on 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:

• • Care On the Way does not employ any Care Providers. Care Seekers are responsible for compliance with all applicable employment laws in connection with any hiring decisions they make, including but not limited to payroll obligations, tax withholdings, minimum wage laws, and other labor regulations.
  • Care On the Way does not control, supervise, or manage Care Providers, including but not limited to the quality, timing, legality, safety, or reliability of any services they provide. Care On the Way does not endorse or recommend specific Care Providers and makes no representations about their suitability for any engagement.
  • Care Seekers and Care Providers enter into agreements at their own discretion. Any engagement between a Care Seeker and a Care Provider is solely between those parties, and Care On the Way is not a party to such agreements.
  • Care On the Way does not verify, monitor, or guarantee the content posted by Care Seekers or Care Providers on the Application, nor does it review any user-generated content for accuracy or reliability.
  • Care On the Way disclaims all liability for the conduct of Care Seekers, Care Providers, or any other users of the Application or Services.
  • Care On the Way is a technology platform that merely facilitates connections between independent Care Providers and families. It does not set service rates, require specific work schedules, dictate how services are performed, or provide employment benefits to Care Providers.
  • Care Seekers and Care Providers expressly agree not to hold Care On the Way liable for any claims, disputes, or damages arising from services provided through the Application.

1.3 User Responsibilities

• • Screening & Due Diligence:
    • Any screening of a Care Seeker or Care Provider conducted by Care On the Way is limited in scope and should not be relied upon as a substitute for the user’s own due diligence.
    • Care Seekers are solely responsible for interviewing, verifying, and selecting an appropriate Care Provider for their needs.
  • Verification & Legal Compliance:
    • Care On the Way does not guarantee the accuracy of background checks, verifications, or user-provided content.
    • Care Seekers must verify the age, work authorization, and qualifications of any Care Provider they choose to engage.
  • Work Authorization & Compliance with Employment Laws:
    • Care Seekers are responsible for ensuring that any Care Provider they engage is legally authorized to work in the United States.
    • Care On the Way is not responsible for verifying work authorization and shall not be held liable for any failure by users to comply with immigration or labor laws.
  • Acknowledgment of Independent Contractor Status:
    • By using this platform, Care Seekers and Care Providers acknowledge that Care Providers operate solely as independent contractors, not employees of Care On the Way.
    • Care Providers assume full responsibility for their taxes, business licenses, and compliance with all applicable state and federal regulations.

For additional safety recommendations, please visit our Safety Center at:

• • https://careontheway.com/parent-safety-tips/ (for Care Seekers)
  • https://careontheway.com/caregiver-safety-tips/ (for Care Providers)

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).

By using this platform, all parties acknowledge that Care On the Way is not an employer and does not provide tax withholdings, benefits, or workers’ compensation. Care Providers agree that they are fully responsible for all tax obligations and compliance with applicable laws, including self-employment taxes.

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.

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.

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 voluntary consent of the Care Provider on whom the check is being performed. Care Providers are not required to authorize a Background Check to use the Application.

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 does not verify, endorse, or guarantee the accuracy of any information contained in Background Checks.

Care On the Way will receive a copy of each Background Check you order or authorize through Care On the Way. These reports are provided for informational purposes only, and Care On the Way does not make hiring or eligibility decisions based on them. 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 Checks 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. Users who order or request access to a background check on a Care Seeker are solely responsible for ensuring their compliance with FCRA and any applicable state laws. Care On the Way does not monitor, verify, or enforce FCRA compliance.

If you order or request access to a 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 it summarizes key legal obligations. A summary of your responsibilities in using the information contained in a background check can be found here.

If there is negative data in a check you receive and you choose to take “adverse action” (i.e., if you decide not to proceed with an individual based on the background check information), you are solely responsible for taking the required procedural steps. This includes notifying the individual who is the subject of the report of your decision and informing them of their right to contest the accuracy or completeness of the report. Additional details on adverse action requirements can be found here.

Care On the Way does not provide legal advice, oversee hiring decisions, or enforce FCRA compliance. Users are fully responsible for ensuring that they comply with all applicable federal, state, and local laws when ordering or using Background Checks.

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 solely for the purpose of protecting the safety and integrity of our Application and its users. Background Checks are not used for hiring or employment decisions, as Care On the Way does not employ Care Providers.

If Care On the Way determines, in its sole discretion, that the results of a Background Check indicate a potential safety concern, Care On the Way may restrict or suspend your access to the Application or Services. This action is taken to protect the security of users and the platform, and does not constitute an employment decision or determination of your character, general reputation, or personal history.

If Care On the Way restricts or suspends your access to the Application based on information in a Background Check, we will notify you and provide you with 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 control or assume any responsibility for the quality, accuracy, or reliability of the information included in Background Checks. Any inaccuracies in the report must be addressed directly with the consumer reporting agency that issued it, and not with 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 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 sole purpose of protecting the safety and integrity of our Application and its users (“Preliminary Membership Screens”). These screenings are not used for hiring or employment decisions, as Care On the Way does not employ Care Providers.

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 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 may restrict or suspend your access to the Application or Services if it determines that the results indicate a potential safety concern. This action is taken solely to protect the security of users and does not constitute an employment decision or a determination of your character, general reputation, or personal history.

If Care On the Way restricts or suspends your access based on information in a Background Check, we will notify you and provide you with 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 expressly acknowledge and agree that Care On the Way does not control or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Any inaccuracies in the report must be addressed directly with the consumer reporting agency that issued it and not with Care On the Way.

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 the purpose of promoting the safety and integrity of its Application and Services, 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, and sex offender status, etc., remain true (“Verification Checks”).

These third parties may use data from a variety of sources, under a variety of circumstances, for safety-related purposes including, but not limited to:

• • National criminal databases
  • Sex offender registries
  • Certain media streams
  • Terrorist watch lists
  • Criminal and fugitive watch lists
  • Fraud watch lists
  • Law enforcement reports
  • Other data sources as applicable

You acknowledge and agree that Care On the Way may take action based on the results of Verification Checks if it determines, in its sole discretion, that such action is necessary for the safety of its users. This action may include limiting, suspending, or restricting your access to the Application or Services. Any such action is taken for safety purposes only and does not constitute an employment decision.

You also represent, understand, and expressly agree that Care On the Way does not control or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. Any inaccuracies must be addressed directly with the third-party service provider that issued the report and not with Care On the Way.

Care On the Way does not typically disclose the results of Verification Checks to third parties, but reserves 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.
  • Only a subset of felony convictions is reported (and not any misdemeanors, charges, or arrest records).

In addition to legal and reporting system limitations, background checks rely on the information provided by the individual being checked. Each check is performed with the authorization of the person being checked using data such as:

• • Home address
  • Social security number
  • Date of birth
  • Full legal name

If a candidate provides incorrect or outdated information, the check may be run with inaccurate identifying data, which could impact the validity of the results. Furthermore:

• • Criminal records are not always reported accurately or promptly.
  • Human and electronic errors may result in incomplete or inaccurate reports.
  • Even the most comprehensive background check may not disclose 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.

Background checks, where offered, are performed by third-party providers. Care On the Way does not employ, endorse, or verify the qualifications of Care Providers. Users must perform their own due diligence when selecting a Care Provider.

Care On the Way collects, uses, and processes the information you provide on the Application or via the Services in accordance with applicable privacy laws and our Privacy Policy. By using our Services, you acknowledge and consent to such collection, use, and disclosure of your information as described in 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, their content, products, services, or advertising materials. These links are provided solely for users’ reference and convenience.

Users access third-party sites at their own risk. Care On the Way does not control third-party sites and is not responsible for their content, policies, or practices. Users are responsible for evaluating the content and usefulness of the information they obtain from such external sources.

Users further acknowledge that the use of any site or content controlled, owned, or operated by third parties is subject to the terms, conditions, and privacy policies of those sites and not by Care On the Way’s Terms of Use or Privacy Policy.

Care On the Way expressly disclaims all liability for any damages, losses, or issues arising from the use or viewing of links that may appear on the Application. By using the Application, all users agree to release and hold Care On the Way harmless from any liability that may result from accessing third-party links.

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.

Subscriptions are auto-renewed unless canceled by the user before the renewal date. Users are responsible for canceling their subscriptions before the next billing cycle to avoid being charged. If the user does not cancel within the required timeframe, Care On the Way is not obligated to issue a refund.

Refunds may be available under special conditions as outlined in our Payment, Fees, and Cancellation Policies. For more details on eligibility, see our policies at:

• • Parent Cancellation and Refund Policy
  • Caregiver Cancellation and Refund Policy

Care On the Way reserves the right to restrict or suspend access to user accounts for reasons beyond payment issues, including but not limited to violations of our Terms of Use, fraudulent activity, or actions that compromise the safety and integrity of the platform.

8.1 Billing and Payment

If you sign up for a Care On the Way paid membership subscription, you agree to pay all subscription charges associated with the plan you select, as described on the Application at the time of subscription, and to provide valid payment information. You also authorize Care On the Way, or a third-party payment processor acting on our behalf, to charge your chosen payment method in accordance with the terms of your subscription plan.

Auto-renewal: Subscriptions automatically renew at the end of each billing period unless canceled by the user before the renewal date. Users are responsible for canceling their subscriptions before the next billing cycle to avoid additional charges.

Billing errors & adjustments: Care On the Way reserves the right to correct any billing errors or mistakes, even if payment has already been requested or received. In such cases, we will notify the user of the correction and provide any necessary refunds or adjustments in accordance with our Payment, Fees, and Cancellation Policy.

Additional purchases: If you elect to purchase additional Services or product offerings beyond your subscription, you authorize Care On the Way to charge your selected payment method for those purchases. If we already have your payment method on file due to prior transactions, we may use it to process future charges for Services and/or products.

For more details on billing, refunds, and cancellations, see our Payment, Fees, and Cancellation Policy at:

• • Parent Cancellation and Refund Policy
  • Caregiver Cancellation and Refund Policy

8.2 Automatic Subscription Renewal and Cancellation

Care On the Way paid membership subscriptions will continue indefinitely until canceled by the user. After the initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period at the then-current subscription rate and frequency disclosed at the time of purchase, unless you cancel before the renewal date.

You may cancel your paid membership subscription at any time by following the instructions in our Payment, Fees, and Cancellation Policy for Care Seekers or Caregiver Cancellation and Refund Policy for Care Providers, or by contacting Care On the Way’s customer service at hello@careontheway.com.

If you cancel your subscription, you may continue to use your subscription until the end of the current billing period. To avoid being charged for the next renewal period, you must cancel at least 24 hours before your renewal date. Any applicable cancellation fees will be disclosed at the time you subscribed.

8.3 Free Trial Offers

Care On the Way may offer free trials for a period stated at the time of registration (e.g., 14 days). The length of the trial may vary based on promotions or changes to our service. Users who sign up for a free trial subscription may have limited access to the Service and/or features of the Application. If a user signs up for a free trial subscription, unless they cancel before the expiration of the free trial period, they 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. Upon cancellation, the Care Seeker or Care Provider’s credit card will be refunded for the amount of the most recent subscription charge, provided they have not used the subscription after the expiration of the free trial period.

8.4 Refund Policy

Care On the Way facilitates payment processing through third-party services such as Stripe. Payments are made directly from the family to the Care Provider, with Care On the Way acting solely as a conduit for transactions. Care On the Way does not guarantee payment, establish wage rates, or handle payroll-related matters.

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. Refunds are subject to the Care On the Way Cancellation and Refund Policy as outlined below:

Families may cancel up to 48 hours prior to the booking start time with no penalties. If canceled within 48 hours, families will receive a 50% refund of the net booking amount; however, gateway and administrative fees remain non-refundable. If canceled within 24 hours, families will not be eligible for a refund, including administrative and gateway fees. Care Providers will receive 75% of the net booking amount for canceled bookings as a courtesy for lost time. Care On the Way retains a 25% administrative fee on all canceled bookings. If a booking is submitted and accepted within 24 hours from the start time and needs to be canceled, users must contact Care On the Way, and the platform will handle it on a case-by-case basis to ensure fairness for both parties.

Once a booking request has been accepted, Care Providers are able to cancel up to 48 hours in advance with no penalties. If canceled within 48 hours, Care Providers will be charged a $5 penalty, a 10% administrative fee on the penalty, and any gateway fees associated with their own transaction. If canceled within 24 hours, Care Providers will be charged a $10 penalty, a 10% administrative fee on the penalty, and any gateway fees associated with their own transaction. Bookings canceled within 48 hours will affect a Care Provider’s reliability and reputation score, which will be reflected on their profile. If a booking has been submitted and accepted within 24 hours from the start of the booking and needs to be canceled, Care Providers must contact Care On the Way, and the platform will handle it on a case-by-case basis to ensure fairness for both parties.

Care Providers must add a valid payment method (credit or debit card) to settle outstanding penalties. If payment is not made, Care On the Way may deduct the penalty from future earnings.

Frequent cancellations may be reflected in a Care Provider’s public booking history, which is visible to users on the platform.

Care On the Way does not mediate in payment disputes between Care Seekers and Care Providers. However, in cases of chargeback disputes, Care On the Way may provide transaction records or payment history as required by Stripe’s dispute resolution process. Users are responsible for resolving disputes directly. Refund and cancellation requests must align with the Care Provider’s policy and the platform’s stated guidelines. If a payment dispute arises, users are responsible for resolving the matter independently. Care On the Way does not issue refunds beyond those explicitly outlined in this policy and does not mediate chargebacks or refund disputes except as required by Stripe or applicable law. Any unpaid chargeback fees remain the responsibility of the user who initiated the chargeback and may be deducted from future earnings or result in account suspension until resolved.

Any chargeback initiated by a Care Seeker or Care Provider through their financial institution will be processed according to Stripe’s chargeback dispute policies. The user initiating the chargeback is solely responsible for any resulting fees, including all Stripe chargeback fees. Care On the Way does not cover or absorb chargeback costs under any circumstances. If a chargeback results in unpaid fees exceeding $500, Care On the Way reserves the right to take legal action to recover outstanding balances. Users who repeatedly initiate chargebacks in violation of this policy may face account suspension or permanent deactivation.

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

Care On the Way is a neutral technology platform that facilitates connections between Care Providers and Care Seekers. Care On the Way does not employ, manage, or supervise Care Providers and does not control, direct, or evaluate the work or services provided. Care On the Way does not verify the accuracy of user-submitted information, background checks, or qualifications beyond the screening processes outlined in its policies. Users are solely responsible for evaluating the suitability, credentials, and reliability of the individuals they choose to engage with through the platform.

Care On the Way does not mediate, arbitrate, or provide dispute resolution services between users. Any disputes regarding payments, service quality, cancellations, claims of misconduct, or any other issue must be resolved directly between the involved parties. Care On the Way does not process refunds beyond stated policies and does not intervene in private agreements between Care Providers and Care Seekers. For more information on payments and refund policies, please refer to Section 10 (Payments and Refunds).

If a Care Seeker and a Care Provider agree to the provision of services, such an agreement is solely between those parties. Care On the Way is not a party to any employment, contractual, or service agreement between users. Care Providers acknowledge that they are independent contractors and assume full responsibility for their services, including legal compliance, tax obligations, and payment collection.

Any claims or disputes concerning the services provided, payments due, cancellations, or any other issue must be addressed directly between the Care Seeker and the Care Provider. Care On the Way does not determine service outcomes, make guarantees regarding services, or issue payments beyond the facilitated transactions processed through third-party payment services. However, Care On the Way may provide transaction records or payment history upon request, as required by Stripe’s dispute resolution process.

Care On the Way will not be held responsible for, and expressly disclaims all liability for, any claims, demands, losses, injuries, damages, or disputes—whether direct, indirect, incidental, consequential, special, or punitive—that arise out of or relate to the use of the platform, services performed, or interactions between users.

In the event of a dispute, Care On the Way encourages Care Seekers and Care Providers to communicate through the platform’s messaging system. However, Care On the Way does not investigate complaints, mediate disputes, or make any determinations about alleged misconduct. If users are unable to resolve their dispute independently, they must seek resolution through legal or financial channels outside of the platform.

Care Seekers and Care Providers acknowledge that Care On the Way does not guarantee service quality, reliability, or any specific outcomes. Users assume all risks associated with engaging in transactions and interactions on the platform. User-generated ratings and reviews reflect individual experiences, and Care On the Way does not verify, alter, or moderate user feedback unless it violates content policies.

By using this platform, you agree to release, indemnify, and hold harmless Care On the Way, its affiliates, employees, officers, and agents from any claims, liabilities, or damages that may arise from your interactions with other users.

Users are strongly encouraged to take reasonable safety precautions when meeting others offline and to review the Care On the Way Safety Center at:

• • Family Safety Tips
  • Care Provider Safety Tips

If you become aware of any violation of these Terms or any potential misconduct, you agree to notify Care On the Way immediately via electronic correspondence.

Any disputes requiring formal resolution must follow the arbitration procedures outlined in Section 13 (Agreement to Arbitrate), unless an exception applies that allows for resolution in small claims court in the user's local jurisdiction.

Care On the Way is intended for individuals who are 18 years of age or older. By using this platform, you certify that you are at least 18 years old and legally capable of entering into agreements under applicable laws.

Care On the Way does not knowingly collect or store personal information from individuals under the age of 18. If it is discovered that a user does not meet the age requirements for using the platform, their access will be restricted, and their account will be suspended or removed.

If you believe that a minor has accessed the platform, please contact Care On the Way’s support team to report the issue.

11.1 No Warranty

The information and materials contained on the Application, including text, graphics, information, links, or other items, are provided “as is” and “as available.” Further, any 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;
(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 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:

• Safety Tips for Families
• Safety Tips for Care Providers

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 WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY ACCOUNT STATUS CHANGES 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.

All claims relating to limitations of liability are subject to the arbitration procedures outlined in Section 13, unless an exception applies for small claims court.

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.
(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.

All claims relating to indemnification, including disputes over defense obligations, are subject to the arbitration procedures outlined in Section 13, unless an exception applies for small claims court.

Care On the Way respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA) regarding alleged copyright infringement. If you believe that materials accessible on or from our Application infringe your copyright, you may request removal of those materials (or access thereto) by contacting Care On the Way’s Designated Copyright Agent at the contact information provided below.

To file a copyright complaint, please provide the following information in a written notice (pursuant to 17 U.S.C. § 512(c)(3)):

1. 1. Identification of the copyrighted work that you believe has been infringed. Please provide a description of the work, and where possible, include a copy or the URL of an authorized version of the work.
   2. Identification of the allegedly infringing material and its location. Please describe the material and provide the URL or other pertinent information that will allow us to locate the material.
   3. Your name, address, telephone number, and email address (if available).
   4. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
   5. A statement that the information in your complaint is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
   6. A signature or electronic signature from the copyright owner or authorized representative.

DMCA Counter-Notification Process

If you believe that the material removed (or to which access was disabled) was not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or the law to use the material, you may send a counter-notification containing the following information to the Designated Copyright Agent:

1. 1. Your name, address, telephone number, and email address (if available).
   2. Identification of the material that has been removed or to which access has been disabled, along with its previous location.
   3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
   4. A statement that you consent to the jurisdiction of the federal district court in which your address is located, or if outside the U.S., to a jurisdiction where Care On the Way operates, and that you will accept service of process from the party that filed the original copyright complaint.
   5. Your physical or electronic signature.

Upon receipt of a valid counter-notification, Care On the Way may restore the removed content unless the original complainant files a lawsuit seeking a court order to prevent restoration.

Designated Copyright Agent Contact Information

Care On the Way’s Designated Copyright Agent for DMCA notices is:

Oscar Caicedo
Care On the Way, LLC
2066 Potomac Way
San Mateo, CA 94403
Email: hello@careontheway.com
Phone: 415-617-5122

Policy for Repeat Infringers

Care On the Way complies with the DMCA’s repeat infringer policy and reserves the right to limit access or suspend accounts of users who are found to repeatedly engage in infringing activity in accordance with applicable copyright laws.

Any disputes arising under this section, including claims related to the Digital Millennium Copyright Act (DMCA), shall be resolved through the arbitration procedures outlined in Section 13, unless an exception applies for small claims court.

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 as otherwise required by law.

This Arbitration Agreement does not prevent you from filing a claim with any government agency or administrative body that is legally authorized to address disputes that cannot be required to go to arbitration under applicable law. However, to the fullest extent permitted, any claim that can legally be resolved through private arbitration shall be subject to this Agreement.

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.

This Arbitration Agreement shall be governed and enforced under the Federal Arbitration Act (FAA), ensuring broad enforceability across jurisdictions. The costs of arbitration shall be allocated in accordance with Section 13.5 (Costs of Arbitration).

Care Providers acknowledge that they are entering into this agreement as independent contractors and not as employees of Care On the Way. Any disputes related to their classification as independent contractors shall be resolved exclusively through arbitration.

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

YOU AND CARE ON THE WAY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, ACTION, OR PROCEEDING. UNLESS BOTH PARTIES EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MULTIPLE PARTIES’ CLAIMS, NOR MAY THE ARBITRATOR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF CARE ON THE WAY.

If any court or arbitrator determines that the class action waiver in this section is void, invalid, or otherwise unenforceable, then the class claims must be litigated in court, but all other individual claims shall remain subject to arbitration under this Arbitration Agreement. This provision is governed by the Federal Arbitration Act (FAA) and shall be interpreted in favor of arbitration to the fullest extent permitted by law.

13.3 Pre-Arbitration Dispute Resolution

Care On the Way is always interested in resolving disputes amicably and efficiently. Before you commence arbitration, you must first allow Care On the Way up to 60 days to attempt to resolve your complaint. We encourage you to contact us as soon as possible to explain your issue, 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 applying 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.

Filing an Arbitration Claim

To commence an arbitration against Care On the Way, you must submit 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:

JAMS
500 North State College Blvd., Suite 600
Orange, CA 92868

You must also 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.

Location & Format of Arbitration

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.

This election shall be binding on both parties, subject to the arbitrator’s discretion to require an in-person hearing if 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.

Exclusive Authority of Arbitrator

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, including, but not limited to:

• • The interpretation, applicability, enforceability, or formation of these Terms.
  • Whether all or any part of these Terms are void or voidable.
  • 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, 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.

Limit the Statute of Limitations on Claims

To promote efficiency in dispute resolution, any claim brought against Care On the Way must be filed within nine (9) months after the cause of action accrues.

Failure to bring a claim within this period shall bar the claim permanently. The arbitrator shall have no authority to extend this statute of limitations.

Fee-Shifting for Frivolous Claims

If the arbitrator finds that a claim or counterclaim was filed in bad faith, was frivolous, or was brought for the purpose of harassment, the arbitrator may award the prevailing party all reasonable attorneys’ fees and costs incurred in defending against the claim.

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, Care On the Way will cover up to $2,000 in Arbitration Fees per case. Any arbitration costs exceeding this amount will be the responsibility of the initiating party.

Each party will be responsible for all other fees incurred in connection with arbitration, including but not limited to attorney’s fees, expert witness fees, and discovery-related costs. If the arbitrator determines that a claim or counterclaim was filed frivolously, in bad faith, or for the purpose of harassment, the initiating party must reimburse Care On the Way for all Arbitration Fees it paid on their behalf.

13.6 Confidentiality

All aspects of any arbitration proceeding, including but not limited to submissions, filings, evidence, testimony, hearings, and the final ruling, decision, or award issued by the arbitrator, shall be treated as strictly confidentialby all parties.

No party may disclose any details of the arbitration, except as required by law or to the extent necessary to enforce, modify, or challenge the arbitration award in a court of competent jurisdiction. Unauthorized disclosure may result in sanctions imposed by the arbitrator or a court.

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 first use our Application or Services. If you are an existing Care On the Way user who previously accepted the Care On the Way Terms prior to the introduction of this Arbitration Agreement, your Opt-Out Notice must be postmarked no later than April 30, 2025.

You must mail your Opt-Out Notice to:
Care On the Way, LLC
2066 Potomac Way, San Mateo, CA 94403

The Opt-Out Notice must contain the following information:

• • A clear statement that you reject the Arbitration Agreement.
  • Your full name, mailing address, phone number, and email address(es) associated with your Care On the Way account(s).
  • Your signature, as unsigned notices will not be valid.

This is the only method for opting out. Opt-outs submitted via email, phone, or online forms will not be accepted.

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 Use will remain in full effect.

Opting out does not affect prior arbitration agreements you may have entered into with Care On the Way. If you previously accepted an arbitration agreement under earlier Terms of Use and did not timely opt out, you remain bound by the last arbitration agreement you 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 45 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.

Care Providers are independent contractors and are not employees, agents, joint ventures, or representatives of Care On the Way. Care On the Way does not control, supervise, or direct the manner in which Care Providers perform their services. Care Providers are solely responsible for determining how to provide their services, setting their own schedules, rates, and terms of service, and handling all aspects of service delivery.

Care On the Way does not provide training, tools, or equipment and does not evaluate, monitor, or manage Care Providers’ work. Care On the Way does not issue performance reviews, establish quality standards, or intervene in service disputes between Care Seekers and Care Providers.

Care Providers are independent contractors responsible for their services, including determining their rates, schedules, and terms of engagement. Care On the Way does not direct, oversee, or manage service delivery and does not require training, enforce performance standards, or intervene in client relationships. Care Providers are solely responsible for business operations, service quality, and compliance with all applicable laws. The platform solely facilitates connections and transactions but does not influence Care Providers’ business decisions, pricing models, or tax and legal status.

Users acknowledge that Care On the Way’s role is strictly limited to providing a technology platform that facilitates connections between Care Seekers and Care Providers. Care On the Way does not employ, contract, endorse, or assume responsibility for the qualifications, background, training, experience, or suitability of any Care Provider.

Legal Compliance & Independent Contractor Status

Care Providers are classified as independent contractors under applicable state and federal laws, including California's AB5 and IRS independent contractor guidelines. Nothing in these Terms shall be construed as creating an employer-employee relationship. Care On the Way does not provide employee benefits, workers' compensation, or unemployment insurance for Care Providers. Care Providers are responsible for their own tax filings, insurance, and compliance with all applicable labor laws.

Care Providers acknowledge that they operate as independent business entities and are solely responsible for managing their own tax obligations. Care Providers must comply with all applicable self-employment tax laws, business registration requirements, and income reporting obligations at the local, state, and federal levels.

Care On the Way does not provide tax advice, does not withhold payments for tax purposes, and does not file tax documentation on behalf of Care Providers. However, Care On the Way may issue IRS Form 1099-NEC or other tax forms as required by law for Care Providers who meet the earnings threshold established by the IRS and state tax authorities. Care Providers are solely responsible for understanding and fulfilling their tax obligations.

Care Providers are responsible for ensuring compliance with business licensing laws, tax filing deadlines, and payment of any applicable self-employment or income taxes. Care Providers are also responsible for determining whether they must register as a business entity (e.g., sole proprietorship, LLC) under local, state, or federal laws.

Care On the Way does not collect or remit taxes on behalf of Care Providers and does not verify tax compliance. Care Providers should consult a tax professional for guidance on financial obligations.

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 federal law, including IRS independent contractor regulations, shall supersede state law to the extent of any conflict. 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.

To the extent permitted by law, you and Care On the Way waive the right to a jury trial in any legal proceeding. 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 email.

You also agree to regularly check your Care On the Way account, alerts, messages, and the email account linked to your Care On the Way profile to stay informed about important notices and updates related to your account.

You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing.

Nothing in these Terms shall be construed as making either party a 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 statements, representations, or commitments of any kind, or to take any action binding on the other, except as expressly provided herein or authorized in writing by the bound party.

The invalidity, illegality, or unenforceability of any term or provision in these Terms shall not affect the validity, legality, or enforceability of any other provision.

Each Affiliate (as defined in Section 1.2) is expressly designated as a third-party beneficiary of this Agreement and may enforce these Terms directly against you. This Agreement is binding upon and benefits the legal representatives, successors, and assigns of the parties.

Nothing in this Agreement shall be construed as creating an employment relationship. Care On the Way functions solely as a technology platform and does not hire, train, supervise, or control Care Providers.

If a court determines 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 valid, enforceable provision that closely reflects the intent of the original provision, and the rest of these Terms shall remain fully enforceable.

If a court determines that any part of Section 13.2 (Prohibition of Class and Representative Actions) is invalid or unenforceable, then the entirety of Section 13 (the Arbitration Agreement) shall be null and void, and any disputes shall be resolved exclusively in accordance with Section 16 (Governing Law and Jurisdiction).

The remainder of these Terms will continue to apply in full force.

If you have any questions regarding these Terms, the Application, or the Services provided by Care On the Way, or if you need to notify Care On the Way regarding any matter related to the Application or Services, please contact:

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

Email: hello@careontheway.com

Care On the Way reserves the right to respond solely through electronic communication for any inquiries or notifications.