Last updated: July 09, 2021
) governing your use of the Newmom.me website. Newmom.me websites (the “Sites”
), the mobile applications (the “Apps”
), and related services, information and communications (the “Services
”) are collectively referred to as the “Newmom.me website.”
Newmom.me Website Connects Providers and Clients
The Newmom.me website is a web-based communications website that enables connections between Clients and Providers. “Clients” are individuals and/or businesses seeking to obtain services from Providers and are, therefore clients of the Providers. “Providers” are businesses seeking to perform services for Clients. Clients and Providers together are hereinafter referred to as “Users.” If you agree on the terms of a service with another User, you and such other User will have to form a Service Agreement directly between the two of you as set forth in more detail in the sections below.
Newmom.me is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services, Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Newmom.me makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services requested or services provided by, or the communications of or between, Users identified through the Newmom.me website, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Providers are independent contractors of Clients and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of newmom.me. Newmom.me does not perform services and does not employ individuals to perform services. By connecting people and businesses seeking services with service providers, newmom.me operates solely as an online marketplace that connects clients with service providers who wish to perform a variety of services.
Users hereby acknowledge that newmom.me does not supervise, direct, control or monitor a provider’s work and expressly disclaims (to the extent permitted by law) any responsibility and liability for the work performed and compliance of a user with any law, statute, ordinance, regulation, or code.Limitations of Newmom.me Services
The Newmom.me Services have the following limitations: Newmom.me does not employ any Providers and are not responsible for the conduct, whether online or offline, of any Client, Provider, or other user of the Newmom.me website or Services. Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
Clients’ and Providers’ content is primarily user generated. Newmom.me does not control or vet user-generated content for accuracy, and it does not assume and expressly disclaims any responsibility for the accuracy or reliability of any information provided by Clients or Providers on or off the Newmom.me platform or website. Further, Newmom.me does not assume and expressly disclaims any liability that may result from the use of information provided on the Newmom.me website.
Newmom.me does not refer or recommend Clients or Providers nor do Newmom.me make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Providers or the integrity, responsibility or actions of Clients or Providers whether in public, private or offline interactions. Any screening of a Client or Provider and his, her or its information by Newmom.me 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.
Newmom.me is not an employment agency, and it does not secure or procure employees for any Clients, nor do Newmom.me secure or procure opportunities for employment for any Providers.
Newmom.me does not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Providers, nor do Newmom.me require Providers to accept or work any jobs or deliver any services at all.
Newmom.me may offer certain Users the opportunity to verify certain information such as their email address, cell phone number, or, in the case of providers, their certificate information. If Newmom.me indicates that certain information has been verified, it means that the client and provider have complied with the process it has established for verifying such information. However, Newmom.me does not guarantee, nor does it represent or warrant, that the information is accurate or that it belongs to the Users who supplied it.
Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Client/Provider for themselves or their family.
Each User 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 Provider they select as well as that Provider's credentials and eligibility to work in the US.Eligibility to Use the website
By requesting to use, registering to use and/or using the Newmom.me website or Services, you represent and warrant that you have the right, authority and capacity to enter into the Terms of this Agreement 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:
You intend to use the Newmom.me website and Services solely for the purpose of finding or managing provider-related services, or for finding or sharing information relating to provider services. You are (18) years of age or older. You reside legally in the United States.
If you are registering to be a Provider, you must be permitted to legally work within the United States and hold the required licenses and certifications as are required by laws applicable to your profession.
You have never been the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
- any felony
- any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or- any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
- registered, or currently required to register, as a sex offender with any government entity.
You are not a competitor of Newmom.me or using Newmom.me website for reasons that are in competition with Newmom.me.
Delays and Accessibility
The Sites, Apps and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Newmom.me is not responsible for any delays, failures or other damage resulting from such problems.
Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Newmom.me website is provided by Newmom.me, LLC, 548 Market Street #42663, San Francisco, CA 94104. If you have any questions, concerns, or complaints regarding the Newmom.me website, please contact Newmom.me by either visiting WWW.NEWMOM.ME
or sending a letter, first class certified mail, to Newmom.me, LLC, 548 Market Street #42663, San Francisco, CA 94104.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Trademarks and Copyrights
Newmom.me, and Sites, Apps, and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Newmom.me in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites, Apps and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites, Apps and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Newmom.me and/or its licensors and are protected by all United States and international copyright laws.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Newmom.me will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
Our Designated Agent is:
548 Market Street #42663
San Francisco, CA 94104
Attn: Designated Agent
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
3.identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
6.a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Newmom.me will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Rules for User Conduct and Use of Newmom.me website
Last updated: July 09, 2021
1. Registration, Posting, and Content Restrictions
[The following rules pertain to "Content", defined as any website or Services, whether to Newmom.me or to Users or website visitors,] 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"):
- Any Content that you post, upload or transmit to or through the Newmom.me website is solely for the purpose of finding or managing providers services, or for finding or sharing information relating to Newmom.me.
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Newmom.me website.
- You will register your account in your own legal name, even if you are using Newmom.me website for another individual or family member.
- Unless otherwise permitted by Newmom.me, all content you post will be in English as the Newmom.me website generally is not supported in any other languages.
- You are solely responsible for any content that you post on the Newmom.me website or transmit to other users of the Newmom.me website. You will not post on the website, 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 Newmom.me or the Newmom.me website where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Newmom.me or to any other user of the Newmom.me website, 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 Newmom.me 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 Newmom.me violates these Rules or which Newmom.me determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Newmom.me website or others.
- You have the right, and hereby grant, to Newmom.me, 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 Newmom.me 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 Newmom.me website, must be in accordance with any and all applicable laws and regulations. - Newmom.me welcomes your feedback and questions about the Newmom.me website. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to Newmom.me or share with Newmom.me through any channel (including, without limitation, the Newmom.me website, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Newmom.me and Newmom.me may use all such communications, all without notice to, consent from, or compensation to you.
2. Client and Provider content is Primarily User Generated.
- Newmom.me does not control or vet such content for accuracy, and Newmom.me does not assume and expressly disclaims any responsibility for the accuracy or reliability of any content provided by Clients or Providers on or off the Newmom.me website, including any content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Newmom.me harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on the Newmom.me website or in any other venue.
- Opinions, advice, statements, offers, or other information or content made available on the Newmom.me website or through the Newmom.me website, but not directly by Newmom.me, are those of their respective authors. Such authors are solely responsible for such content. Newmom.me does not: (i) guarantee the accuracy, completeness, or usefulness of any information on or through the Newmom.me website, 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 or through the Newmom.me website. Under no circumstances will Newmom.me or its affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Newmom.me website or transmitted to or by any User of the Newmom.me website; or (b) reviews or comments made about you on the Newmom.me website by other users.
- You agree that Newmom.me has no obligation to remove any reviews or other information posted on the Newmom.me website 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 Rules. 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.
3. Exclusive Use
- If you are a Client, you may use your account only to find providers for yourself, your parents, your children, your grandchildren. If you are a Provider, you may use your account only to find provider services 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.
4. Prohibited Uses
By using the Sites, Apps, or Services of Newmom.me, you agree that you will not under any circumstances:
- use the Sites, Apps, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- use the Sites, Apps, or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by Newmom.me;
- harass, abuse or harm another person or group, or attempt to do so;
- use another user's Newmom.me account;
- provide false or inaccurate information when registering an account on Newmom.me, using the Newmom.me website or communicating with other Users;
- attempt to re-register with Newmom.me website if Newmom.me has 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 Newmom.me website;
- make any automated use of the system, or take any action that Newmom.me 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 Newmom.me takes to restrict access to the Newmom.me website or use any software, technology, or device to scrape, spider, or crawl the Newmom.me website or harvest or manipulate data (whether manually or through automated means);
- use the communication systems provided by or contacts made on or through the Newmom.me website for any commercial solicitation purposes other than those expressly permitted by Newmom.me;
- 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, Newmom.me reserves the right to take appropriate actions, including but not limited to restricting the amount of messages a User may send in any 24-hour period to an amount which Newmom.me deem appropriate in our sole discretion.
Should Newmom.me find that you violated the terms of this Section or any terms stated herein, Newmom.me reserves the right, at its sole discretion, to immediately terminate your use of the Newmom.me website. By using the Newmom.me website, you agree that Newmom.me may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Provider or Client information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the website, or (ii) otherwise mis-use or mis-appropriate Newmom.me website 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 Newmom.me may have under these Rules or applicable law. Further, in order to protect the integrity of the Newmom.me website, Newmom.me reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Newmom.me website.
Newmom.me reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Newmom.me website, to remove your profile and/or any content posted by or about you from the Newmom.me website, and/or to terminate your account with Newmom.me, with or without notice for any reason or no reason in its sole discretion, including without limitation if Newmom.me should determine that you are not eligible to use the Newmom.me website, have violated any of the terms of the Terms of the Use Agreement or these Rules stated herein or in any additional terms, are not suitable for participation as a User, have mis-used and/or mis-appropriated Newmom.me website content, including but not limited to use on a "mirrored," competitive, or third-party website. Upon termination, Newmom.me shall be under no obligation to provide you with a copy of any content posted by or about you on the Newmom.me website. If Newmom.me terminates your User registration, Newmom.me has no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any User’s use of the Newmom.me website, Newmom.me has the right, but not the obligation, to send a notice of such termination to other Users with whom Newmom.me believes such terminated User (Client or Provider) has corresponded. The decision to terminate a Client or Provider registration and/or to notify other Users with whom Newmom.me believes the Client or Provider has corresponded does not constitute, and should not be interpreted or used as information bearing on, the Client or Provider’s character, general reputation, personal characteristics, or mode of living.
7. Links To External Websites
Newmom.me expressly disclaims any liability derived from the use and/or viewing of links to external websites that may appear on the Sites or Apps. All users hereby agree to hold Newmom.me harmless from any liability that may result from the use of links to external websites that may appear on the Sites or Apps.
8. Release of Liability for Conduct and Disputes
By using Newmom.me website, you hereby represent, understand, and expressly agree to release and hold harmless Newmom.me and Newmom.me's officers, directors, shareholders, employees, parents, subsidiaries, affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers from any claim or controversy that may arise out of:
- the actions or inactions of, or the relationship between, you and any Client, Provider or other User(s) of the Newmom.me website;
- the inaccurate or untruthful Content or any other information you provide to Newmom.me;
-the inaccurate or untruthful Content or any other information, instruction, advice or services created by you or any Client, Provider, or other third party that was communicated by you on or through, the Newmom.me website; and
- any intentional or willful violation of any rights of another or harm you may have caused to another.
Newmom.me 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, from the above.
9. Age Restrictions
Newmom.me is intended for people 18 or over. Newmom.me will not knowingly collect any information from individuals under 13. Should Newmom.me determine that you do not meet the age requirements for using Newmom.me website, your registration will be terminated immediately.
Disclaimers; Limitations; Waivers; Indemnification
1. No Warranty
The information and materials contained on the website, 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 Newmom.me, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Newmom.me 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 Newmom.me; (3) warrant that your use of the website 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, Newmom.me 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, Newmom.me makes no representation or warranties of any kind whether express or implied regarding the suitability of any Provider to provide services. The information and material contained on the Newmom.me website 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 Newmom.me or the Providers on its website. In no event will Newmom.me or the 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.
2. Assumption of Risk
While Newmom.me takes certain steps to help promote the safety of the Newmom.com website, finding care or care-related services via an online website like ours comes with certain inherent risks. Newmom.me does not provide any training, supervision, or monitoring of Clients or Providers, and Newmom.me cannot guarantee that all of your interactions with other Users, visitors to our Sites and Apps, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Newmom.com website, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Newmom.com website. You also agree not to rely solely on steps Newmom.me may take to vet or screen Providers or Clients and/or their content, or otherwise to promote the safety of the Newmom.me website.
3. Limitation of Liability
Incidental Damages and Aggregate Liability.
In no event will Newmom.me 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 Newmom.me website, including without limitation damages related to any information received from the Newmom.me website, removal of content from the Newmom.me website, 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 termination of your subscription or ability to access the Newmom.me website, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Newmom.me, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Under no circumstances will Newmom.me's aggregate liability, in any form of action whatsoever in connection with these Rules and Terms of the User Agreement or the use of the Newmom.me website, exceed the price paid by you for your account, or, if you have not paid Newmom.me for the use of any services or the Newmom.me website, the amount of $25.00.
No Liability for non-Newmom.me Actions.
In no event will Newmom.me be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or otherwise, arising out of or relating to the conduct of you or anyone else in connection with the use of the Newmom.me website or the services or any agreement or relationship formed using the Newmom.me website, 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 Newmom.me website, or transmitted to or by any Users or any other interactions with other Users of the Newmom.me website, 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 Rules, any advice that may be posted on the Newmom.me website is for informational purposes only and is not intended to replace or substitute for any professional financial, legal, or other advice, or medical advice, diagnosis or treatment. Newmom.me 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 Newmom.me website. 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. Never disregard professional medical advice or delay in seeking it because of something you have read on the Newmom.me website. If you think you may have a medical emergency, call your doctor or 911 immediately. Newmom.me does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on or via the Newmom.me website. Newmom.me is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Newmom.me, its employees and others appearing on or via the Newmom.me website at the invitation of Newmom.me, or other visitors to the Newmom.me website is solely at your own risk. You should be aware that if you post any health-related information about yourself or anyone else on the Newmom.me website, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Newmom.me is not liable for any such Content. Newmom.me cannot be expected to keep your health information confidential if you post it to the Newmom.me website or otherwise make it available to others.
By agreeing to these Rules, Users of the Newmom.me website agree to indemnify, defend and hold harmless Newmom.me and its affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by Newmom.me 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 Newmom.me website, (ii) use of the Newmom.me website by you in violation of these Rules or the Terms of the Use Agreement or in violation of any applicable law, or (iii) any relationship or agreement formed with a Client or Provider using the Newmom.me website. Users further agree that they will cooperate as reasonably required in the defense of such claims. Newmom.me 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 Newmom.me. Users further agree to hold harmless Newmom.me 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 Newmom.me website.
Governing Law and Jurisdiction
These Rules, and all claims relating to or arising out of them or the Terms of the User Agreement, 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, you agree that any claim or dispute that has arisen or may arise between you and Newmom.me must be resolved exclusively by a state or federal court located in the State of California.
You and Newmom.me 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.
Consent to Electronic Communication
By using the Newmom.me website, you agree to allow Newmom.me 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 Newmom.me via the Sites, Apps, online messaging website, or e-mail. You also agree to check your Newmom.me account, alerts, and messages, and the e-mail account reflected on your Newmom.me 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 a User or Newmom.me the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither a User nor Newmom.me 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 of the User Agreement or provision of these Rules shall in no way affect the validity, legality or enforceability of any other term or provision of the Terms of the User Agreement or these Rules. 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 Rules 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. The remainder of the Terms will continue to apply.
If you have any questions or need further information as to the Newmom.me website provided by Newmom.me, or need to notify Newmom.me as to any matters relating to the Newmom.me website please contact Newmom.me at: 548 Market Street #42663, San Francisco, CA 94104.
Last updated: July 09, 2021
Newmom.me, LLC. (“Newmom.me”) is an online platform that connects Clients and Providers, allowing Clients to view Providers’ profiles, book virtual or in-person care, engage experts, and provide reviews and ratings on Providers with whom they have had first-hand experiences. As used herein, “Clients” are individuals and/or businesses seeking to obtain services from Providers and are, therefore clients of Providers. “Providers” are individuals or businesses seeking to perform services for Clients on the Newmom.me Sites (defined below). On behalf, and as representative, of a Provider (“You” or “Your”), You are authorized to enter into and bind the Provider to the terms and conditions of this Provider Services Agreement and to use the website (https://www.newmom.me
), the mobile applications (the “Apps” and together with the “Website”, the “Sites”) and the information contained therein subject to the terms and conditions contained in this Provider Services Agreement, which may be modified, amended or replaced by Newmom.me from time to time at Newmom.me’s sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with Newmom.me beyond Your use of the Sites, as described herein.
In consideration of Newmom.me granting You access to its Sites and the information contained therein, and in order to use the Sites, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Your responsibility to review this Agreement on a regular basis to keep informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. PROVIDER SERVICES
By agreeing to the Terms and Conditions of this Agreement, You are hereby permitted to use the services offered to Provider’s including, without limitation, the ability to update and maintain profile information on the Provider (the “Provider Profile”), the ability to schedule appointments with Clients, the ability to accept payments for services rendered via the Sites, the ability to share expert knowledge on the Sites, the ability to review Client Content (defined below) pertaining to the Provider, the ability to submit responses to Client Content and such other services that Newmom.me may offer to Providers from time to time (collectively, the “Services”).
2. LIMITED LICENSE
By agreeing to the Terms and Conditions of this Agreement, Newmom.me grants You a limited license to access and use the Sites and the Services. Notwithstanding the foregoing, You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Sites (or any of the content therein including, without limitation, any Client Content or any profiles of Newmom.me members) or Services for any commercial or other purpose, without the express written consent of Newmom.me.
3. CLIENT AND PROVIDER CONTENT
Clients may submit a review or report and other information (collectively, “Client Content”) on any Provider with which they have communicated or had another first-hand experience, whether or not Provider work was started, performed, or completed. If You dispute any Client Content, Your sole course of action with respect to such Client Content as it relates to Newmom.me and the Sites is to utilize the Newmom.me dispute procedures.
Newmom.me does not endorse and is not responsible or liable for any Client Content, Provider Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Newmom.me. The statements, information and ratings contained in any Client Content are solely the opinion of the Client submitting such Client Content and do not reflect the opinion of Newmom.me or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
You acknowledge and understand that Newmom.me simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Client Content and Provider Content. Newmom.me does not have any duty or obligation to investigate the accuracy of Client Content or the quality of the work performed by You or any other Provider which is the subject of any Client Content. By using the Services, You agree that it is solely Your responsibility to evaluate Your risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that You submit, transmit or otherwise convey through the Sites and Services (collectively, “Provider Content”).
Under no circumstances will Newmom.me be liable in any way for any Client Content or Provider Content including, but not limited to, any Client Content or Provider Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Client Content or Provider Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
You hereby waive any claims, rights or actions that it may have against Newmom.me or any of its affiliates or subsidiaries with respect to any Client Content or Provider Content and releases Newmom.me and each of its affiliates and subsidiaries from any and all liability for or relating to Client Content or Provider Content.
You agree to indemnify and hold Newmom.me and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Newmom.me with respect to any statements made by a Client or Client Content submitted by a Client which is communicated, posted or published by Newmom.me on its Sites or to a third party.
You acknowledge and agree that You can neither require Newmom.me to place Provider on its Sites nor remove Provider or any Client Content from Newmom.me. You further acknowledge and understand that You are not a Client of Newmom.me, cannot refer to yourself as a Client of Newmom.me, and is not afforded the same access to the Sites as a Client nor the benefits afforded to a Client.
Individuals affiliated with You including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Client Content to Newmom.me on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Client Content on You or any company or person competitive to You or believes that Client Content was posted by an Affiliated Person that Newmom.me may immediately remove such Client Content without notice or recourse against Newmom.me.
Provider Content shall not contain any unauthorized content which includes but is not limited to:
(a) Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
(b) Comments that do not address the Client Content or comments with no qualitative value as determined by Newmom.me in its sole discretion;
(c) Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
(d) Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
(e) Language that violates the standards of good taste or the standards of the Sites, as determined by Newmom.me in its sole discretion;
(f) Content determined by Newmom.me, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
(g) Language intended to impersonate other Clients (including names of other individuals) or to be offensive or inappropriate Client names or signatures; and/or
(h) Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
You acknowledge and agree that Newmom.me in its sole discretion may remove without notice any Provider Content or any portion thereof that Newmom.me believes violates the foregoing.
Newmom.me may suspend, restrict or terminate Your use of the Services or any portion thereof if You breach or fail to comply with any of the Terms and Conditions of this Agreement.
Although Newmom.me does not claim ownership of any Provider Content or other communications or materials submitted by or given by You to Newmom.me, by providing Provider Content for the Sites or other mediums, You automatically grant, and You represent and warrant that You have the right to grant, to Newmom.me an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Provider Content and to prepare derivative works of, or incorporate into other works, such Provider Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Newmom.me with Provider Content, You automatically grant Newmom.me all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of Provider Content on the Sites or in any other medium by any other party. No compensation will be paid with respect to Newmom.me use of Provider Content. Newmom.me is under no obligation to post or use any of Provider Content or maintain Provider Content. Newmom.me may remove Provider Content at any time in Newmom.me sole discretion.
It is Your sole responsibility to review and monitor any Client Content regarding You and your services that is posted by Clients and to submit responses it deems necessary to any Client Content. Newmom.me does not have any obligation to provide a notice or update to You with respect to any new information or Client Content that it learns of or receives about You or your services from its Clients.
You have the sole responsibility of updating any and all of your information on the Sites including, without limitation, Your description and profile information.
You agree not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Newmom.me, any Client Content, any Client profiles, Provider Content (including Provider Profiles) or any other content contained on the Sites or any other publication of Newmom.me. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites.
You hereby represent and warrant to Newmom.me that (a) all information provided to Newmom.me by You is true, complete and accurate in all respects, and (b) You are authorized to submit information to Newmom.me. Newmom.me is authorized by You to rely upon the truthfulness, completeness and accuracy of Provider Content in order to serve the Site’ users.
To the extent a third party posts or submits any Provider Content or manages Your profile or information on the Sites, You hereby acknowledge and agree that You shall remain fully responsible for any Provider Content or information posted or submitted by such third party.
You agree unless expressly authorized by Newmom.me not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Client Content, any Client profiles, any Provider Profiles, or any other content from the Sites or Newmom.me, including, without limitation, any reviews or ratings or any other content contained in any Client Content.
4. LICENSURE AND QUALIFICATIONS
You represent and warrant that You are qualified and capable of performing the services You selected on the Enrollment Form or during the Provider Profile Interview and any subsequent amendments You make to the Provider Profile. You represent and warrant that You and any companies you run in connection with Provider services are, and at all times will be, properly and fully licensed, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that You have not been turned down for insurance coverage related to the provision of any Provider services. You will notify Newmom.me promptly of any such changes to Your or your company’s licensing, bonding or insured status.
If You or your company is operating under a license with special restrictions You agree and represent that You will at all times operate within the guidelines as specified by such restrictions.
You represent and warrant that You, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions and are not under any criminal investigations. If at any time while this Agreement remains in effect You, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Newmom.me. You further represent and warrant that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your clients, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Newmom.me to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
, the terms of which are incorporated herein.
6. INTELLECTUAL PROPERTY
Newmom.me is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Newmom.me”, appearing on the Sites and is copyright owner or licensee of the content and/or information on the Sites. By placing them on the Sites, Newmom.me does not grant You any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
7. PAYMENTS AND FEES
The terms of any payments made by Clients to You for Your services and fees paid by You to Newmom.me for the Services are contained in and governed by the payment addendum entered into between Newmom.me and You (the “Payment Addendum
”). The Payment Addendum is incorporated by reference into this Agreement.
You agree that in case of your unavailability, you will not refer Newmom.me client to another provider without Newmom.me’s consent.
8. BREACH OF CONTRACT AND LIQUIDATED DAMAGES
Newmom.me reserves the right to exercise any rights or remedies which may be available to it against You if the Terms and Conditions of this Agreement are violated by You and You agree that the exercise of one remedy shall not preclude the availability of any other remedy.
You understand and agree that, because damages resulting from Your breach of this Agreement are difficult to calculate, if it becomes necessary for Newmom.me to pursue legal action to enforce the Terms and Conditions of this Agreement, You will be liable to pay Newmom.me the following amounts as liquidated damages, which You accept as reasonable estimates of Newmom.me’s damages for the specified breaches of this Agreement:
(a) If You post Provider Content in violation of this Agreement, You agree to promptly pay Newmom.me One Thousand Dollars ($1,000) for each item of Provider Content posted in violation of this Agreement. Newmom.me may (but is not required) issue You a warning before assessing damages.
(b) If You use or cause any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Client Content, any profiles of Newmom.me members, Provider Content (including Provider Profiles) or any other content contained on the Sites or in any other publication of Newmom.me, You agree to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
(c) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, You agree to pay the actual damages suffered by Newmom.me to the extent such actual damages can be reasonably calculated.Notwithstanding any other provision of this Agreement, You reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
9. LIMITATIONS OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWMOM.ME WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PROVIDERECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NEWMOM.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR PROVIDER CONTENT; (D) PROVIDER CONTENT YOU MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CLIENT OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY NEWMOM.ME OR THE FAILURE OF NEWMOM.ME TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CLIENT CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company. TO THE EXTENT NEWMOM.ME IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, NEWMOM.ME’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
10. INDEMNIFICATIONYou agree to indemnify and hold Newmom.me and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of Your use of Newmom.me’s Sites or Services.
1. MUTUAL ARBITRATION AGREEMENT
(a) Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between You and Newmom.me, including without limitation any dispute or claim related to or arising out of this Agreement (the “Dispute”), You and Newmom.me may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is Your physical address that You have provided to Newmom.me. Newmom.me's address for such notices is: Newmom.me, Inc., 548 Market Street #42663, San Francisco, CA 94104.
(b) Arbitration. If a Dispute is not resolved through Informal Negotiations, You and Newmom.me agree to resolve any and all Dispute (except those Dispute expressly excluded below) through final and binding arbitration (the “Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Client Related Disputes (the “AAA Client Rules”), both of which are available at the AAA Sites (www.adr.org). Your arbitration fees and Your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Client Rules). Each party will pay the fees for its/his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Subsection (4) below.
(c) Excluded Disputes. You and Newmom.me agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of Your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
(d) WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Newmom.me agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Client Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
(e) Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any Dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
(f) Severability. You and Newmom.me agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
his Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (either of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
13. LIMITATIONS PERIOD
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Services or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Newmom.me may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Sites. Newmom.me will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Services after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement.
The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Newmom.me is not responsible for any delays, failures or other damage resulting from such problems.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable.
It will not be considered a waiver of Newmom.me’s rights if Newmom.me fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Newmom.me agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Newmom.me as a result of this Agreement or use of the Services.
18. BINDING EFFECT
The person agreeing to this Agreement and the Terms and Conditions on behalf of You hereby represent and warrant that he/she has the power and authority to bind You and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement upon You.IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, 6, and Sections 8-14.
20. ENTIRE AGREEMENT