Newmom.me Terms of Use Agreement

Last updated: December 15, 2020

This Terms of Use Agreement  constitutes a legally binding agreement between Users and Newmom.me, LLC. (“Newmom.me”) governing your use of the Newmom.me website. Newmom.me websites (the “Sites”), the mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “Newmom.me website.”

The use of all personal data you submit to the Newmom.me website or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Newmom.me website you have agreed to the Privacy Policy.

Your consent at registration and continued use of the Newmom.me website constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, as well as any future amendments and additions to this Agreement (as defined below), as Newmom.me may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must inform Newmom.me of this, and Newmom.me will deactivate your account. The Newmom.me Privacy Policy is incorporated by reference into these Terms of Use and together form and are hereinafter referred to as the “Newmom.me Agreement”.

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 platform/website (“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 do it represent or warrant, that the information is accurate or that it belongs to the Users who supplied it.

User Responsibilities
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 website  or the 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 website and Services solely for the purpose of finding or managing provider-related jobs, 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.
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 its services for reasons that are in competition with Newmom.me.

Rules for User Conduct and Use of Newmom.me Services

Last updated: December 15, 2020

1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any website or Services, whether to Newmom.me or to other Registered 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 website or Services is solely for the purpose    of finding or managing providers jobs, 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 website  and the Services.
- You will register your account in your own legal name, even if you are seeking Services for another individual or    family member.
- Unless otherwise permitted by Newmom.me, all content you post will be in English as the website and Services    generally are not supported in any other languages.
- You are solely responsible for any content that you post on the website or transmit to other users of the    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 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 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 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 website, must be in    accordance with any and all applicable laws and regulations.
- Newmom.me welcomes your feedback and questions about the website and Services. 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 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 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 website or through    the 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 the website or available through the Service, or (ii) adopt, endorse or accept    responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that    appears on the website or through the Service. 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 website or transmitted to or by any User of the website or Service; or (b) reviews or comments made about    you on the website by other users.
- You agree that Newmom.me has no obligation to remove any reviews or other information posted on the    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 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.

4. Prohibited Uses
By using the Site or Services of Newmom.me, you agree that you will not under any circumstances:
- use the Site, 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 Site 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 Services or    communicating with other Registered Users;
- attempt to re-register with Newmom.me if Newmom.me 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 Newmom.me's Services;
- 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 take to restrict access to the Service or    use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data    (whether manually or through automated means);
- use the communication systems provided by or contacts made on Newmom.me 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 website  and Services. By using the website and/or Services, 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 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 website  and the Services, Newmom.me reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the website.

5. Termination
Newmom.me reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Newmom.me website and/or Services, to remove your profile and/or any content posted by or about you from the 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 Services, have violated any Terms of the User Agreement or these Rules stated herein or in any additional terms, are not suitable for participation as a Registered User, have mis-used and/or mis-appropriated 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 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 website or the Services, Newmom.me has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom Newmom.me believes the User (Client or Provider)  has corresponded. The decision to terminate a Client or Provider Registration and/or to notify other Registered 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.

6. Privacy
Newmom.me uses the information you provide on the website or via its Services or in accordance with the Newmom.me  Privacy Policy.   For more information, see the full Newmom.me Privacy Policy, the terms of which are incorporated herein.

7. Links To External Websites
Links from the website to external websites (including external websites that are framed by Newmom.me) or inclusion of advertisements and other third-party content on the website, do not constitute an endorsement by Newmom.me of such websites or the content, products, advertising and other materials presented on such websites or of the products and services that are the subject of such third-party content, but are for Users' reference and convenience. Newmom.me does not control third-party websites or content, and is not responsible for them. Such websites and content are governed by their respective owners' terms of use and privacy policies, and not the Newmom.me User Terms of Agreement, Rules,  or Privacy Policy.

Newmom.me expressly disclaims any liability derived from the use and/or viewing of links to external websites that may appear on this website. 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 website.

8. Release of Liability for Conduct and Disputes
By using this website or our Services, you hereby represent, understand, and expressly agree to release and hold Newmom.me (and Newmom's officers, directors, shareholders, employees, parents, subsidiaries, affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, harmless 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    website
- any information, instruction, advice or services created by any Client, Provider, or other third party that    appeared on, or was communicated through, the website

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 our website or Services, 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 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 its 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 its website and Services, finding care or care-related jobs 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, website visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the website and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the website or the Services. 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 website and Services.

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 website or Services, including without limitation damages related to any information received from the website or Services, removal of content from the 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 website or Services, 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 Services or the website, exceed the price paid by you for your account, or, if you have not paid Newmom.me for the use of any services, 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 website or Services, 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 website, or transmitted to or by any Users or any other interactions with other Registered Users of the website 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 Rules, any advice that may be posted on the website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. 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 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.

4. Indemnification
By agreeing to these Rules, users of the website and Services 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 website, (ii) use of the website or Services by you in violation of these Rules or the Terms of the User Agreement  or in violation of any applicable law, or (iii) any relationship or agreement formed with a Client  or Provider using the website or Services. 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 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 website or Services of Newmom.me, 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 Newmom.me website, mobile application, 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.

Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term 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 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.

Severability
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.

Contact Information
If you have any questions or need further information as to the Newmom.me website or Services provided by Newmom.me, or need to notify Newmom.me as to any matters relating to the website or Services please contact Newmom.me at:
548 Market Street #42663, San Francisco, CA 94104.