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These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the KidHire Site and/or the KidHire Services (described below). Certain KidHire Services are subject to additional policies, rules and terms and conditions, which are set forth in the printed or online Service materials relating to those Services ("Additional Terms").

For purposes of these Terms, the "Site" shall mean kidhire.com and any other KidHire branded websites, web pages, mobile applications and mobile websites operated by KidHire, Inc. ("KidHire" or "we") in the United States, and the "Services" shall mean any of the various services that KidHire provides through the Site or any other channels, including over the telephone. The services and sites offered by such other subsidiaries are subject to separate terms, which can be found on their respective sites and/or service materials. In addition, these Terms do not apply to third party entities that may use the KidHire Site or Services. Such entities' use of the KidHire Site and Services are subject to separate terms that they agreed when they registered with KidHire.

  1. Description of Services; Limitations; User Responsibilities
    1. About Our Services
      • KidHire offers various Services to help its users find, coordinate, and maintain their business services. The Services we offer include, among others:
        • We enable individuals offering services to post their services on the Site for Service Seekers to find and learn about.
      • Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
    2. Limitations of our Services
      • We offer a variety of Services to help our users find, coordinate, and maintain quality care. However, we do not employ any Business Owners. Except as set forth below, Service Seekers are the potential employers of Business Owners and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
      • Further, we do not have control over the quality, timing, or legality of the services actually delivered by Business Owners, nor of the integrity, responsibility or actions of Service Seekers or Business Owners. We do not refer or recommend either Service Seekers or Business Owners nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Business Owners or the integrity, responsibility or actions of Service Seekers or Business Owners whether in public, private or offline interactions.
      • eeker and Business Owner content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. KidHire does not assume any responsibility for the accuracy or reliability of any information provided by Business Owners or Service Seekers on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
      • KidHire is not responsible for the conduct, whether online or offline, of any Service Seeker, Business Owner or other user of the Site or Services. Moreover, KidHire does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Service Seekers and Business Owners, hereby expressly agree not to hold KidHire (or KidHire's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in KidHire through their employer's benefits program, hereinafter "Affiliates") liable for the actions or inactions of any Service Seeker, Business Owner or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, KidHire and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
    3. User Responsibilities
      • Any screening of a Service Seeker or Business Owner and his, her or its information by KidHire 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 Business Owner. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Service Seeker or Business Owner for themselves or their family.
      • Please visit our website for recommendations on how to make more informed hiring and employment decisions. Each Service Seeker is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Business Owner they select as well as that Business Owner's eligibility to work in the US. If you are a Parent Registered User (as defined in Section 3.3 below), you also agree to assume the responsibilities set forth in Section 3.3 (Teen Providers, Parent Registered Users, and Parent Monitored Accounts).
  2. Eligibility to Use the Site and Services; Representations and Warranties
    1. Eligibility
      • To be eligible to use our Services, you must meet the following criteria:
        • Our Services are available only to individuals who are eighteen (18) years of age or older; provided, however, that individuals nine (9) to seventeen (17) years of age may join KidHire as Business Owners subject to the terms set forth in Section 3.3 and any applicable Additional Terms. If you do not meet the above age requirements, do not register to use the Site or Services.
        • The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where KidHire subsidiaries or affiliates offer similar services.
        • If you are registering to be a Business Owner, you must be permitted to legally work within the United States.
        • Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
        • You must not be a competitor of KidHire or using our Services for reasons that are in competition with KidHire.
        • If you are an individual Service Seeker you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
    2. Representations and Warranties
      • By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
      • In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
  3. Rules for User Conduct and Use of Services
    1. Registration, Posting, and Content Restrictions
      • The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through KidHire's Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
        • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
        • You will register your account in your own legal name, even if you are seeking care for another individual or family member.
        • All Content you post will be in English as the Site and Services are not currently supported in any other languages.
        • You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, 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 KidHire where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to KidHire or to any other user of the Site, 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 KidHire may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of KidHire violates these Terms or which KidHire determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
        • You have the right, and hereby grant, to KidHire, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, 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 KidHire will not infringe or violate the rights of any third party.
        • Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
        • KidHire is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
      • Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by KidHire, are those of their respective authors. Such authors are solely responsible for such content. KidHire does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site 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 Site or through the Service. Under no circumstances will KidHire or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
      • You agree that KidHire has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
      • To the maximum extent permitted by law, KidHire disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users do hereby represent, understand and agree to hold KidHire harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
    2. Exclusive Use
      • If you are a Service Seeker, you may use your account only to find care for yourself, your parents, your children, your grandchildren or individuals for whom you are otherwise the legal guardian. If you are a Business Owner, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
    3. Teen Providers, Parent Registered Users, and Parent Monitored Accounts
      • If you are nine (9) to seventeen (17) years of age and would like to participate in KidHire as a Business Owner (a "Teen Provider"), you may register to use the Site and Services but only if your parent or legal guardian consents to your registration through the KidHire site and also becomes a registered user (a "Parent Registered User"). Parent Registered Users will receive a copy of all communications between the Teen Provider and other Registered Users as well as a copy of all emails KidHire sends to the Teen Provider. Parent Registered Users may respond to communications sent by other Registered Users to the Teen Provider and may report inappropriate message content to KidHire. Parent Registered Users may also log in to, update the settings of and terminate their Teen Provider's account.
      • For purposes of these Terms, Parent Registered Users and their Teen Provider are deemed to be Business Owners. By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety on behalf of yourself and your Teen Provider whether or not you use the Site or Services, including without limitation KidHire's right to run the verification and background checks described in Section 4 below. You further understand and agree that you will ensure your Teen Provider's compliance with these Terms and that you are responsible for any noncompliance by your Teen Provider.
      • If you are a Parent Registered User, you also agree that you are responsible for monitoring the account of your Teen Provider as well as your Teen Provider's activities both on and off of the Site, including monitoring who your Teen Provider communicates with and meets both on and off the Site and with whom he or she agrees to provide caregiver services.
      • If you register to use the Site as a Teen Provider, the first time you try to log in to your account after you turn eighteen (18), you will be required to agree to the Terms as in effect at the time, including the consents to run the verification and background checks described in Section 4 below. Once you accept the terms and log in, the parent monitoring functionality of your account will be removed and your Parent Registered User will no longer have access to your account. If you do not agree to the Terms after you turn eighteen (18), KidHire may terminate your access to all or part of the KidHire Site, remove your profile and/or any Content posted by or about you from the Site, and/or terminate your registration in KidHire, with or without notice.
    4. Prohibited Uses
      • By using the Site or Services of KidHire, 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 and offensive;
        • use the Site or Services for any unlawful purpose, for any purpose not expressly intended by KidHire or for the promotion of illegal activities;
        • attempt to, or harass, abuse or harm another person or group;
        • use another user's KidHire account;
        • provide false or inaccurate information when registering an account on KidHire, using the Services or communicating with other Registered Users;
        • attempt to re-register with KidHire if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
        • interfere or attempt to interfere with the proper functioning of KidHire's Services;
        • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
        • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
        • use the communication systems provided by or contacts made on KidHire for any commercial solicitation purposes;
        • publish or link to malicious content intended to damage or disrupt another user's browser or computer.
      • In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a Service Seeker may view or the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion.
      • Should KidHire find that you violated the terms of this Section or any terms stated herein, KidHire reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that KidHire may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Business Owner or Service Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights KidHire may have under these Terms or applicable law.
      • Further, in order to protect the integrity of the Site and the Services, KidHire reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
  4. Termination of Registration
    1. Should KidHire determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored", competitive, or third party site, KidHire reserves the right, at its sole discretion, to immediately terminate your access to all or part of the KidHire Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in KidHire, with or without notice.
    2. In any event, KidHire also reserves the right, in its sole discretion, to terminate your access to all or part of the KidHire Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in KidHire, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
    3. Following any termination of any individual's use of the Site or the Services, KidHire reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
    4. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
  5. Privacy
    1. KidHire will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
  6. Links To External Sites
    1. Links from the Site to external sites (including external sites that are framed by KidHire) or inclusion of advertisements do not constitute an endorsement by KidHire of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.
    2. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. KidHire does not control such sites, and is not responsible for their content. Just because KidHire has hyperlinks to such sites does not mean that KidHire endorses any of the material on such sites, or has any association with their operators.
    3. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by KidHire's Terms of Use and Privacy Policy. KidHire expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold KidHire harmless from any liability that may result from the use of links that may appear on the Site.
  7. Release of Liability for Conduct and Disputes
    1. We are not an employer of Business Owners. Service Seekers may seek the services of a Business Owner through the use of the Site or Services, and Business Owners may post profiles and submit proposals to Service Seekers regarding their services. Any issues concerning the conduct of a Service Seeker or Business Owner including, without limitation, the services received by the Service Seeker or payment due to the Business Owner, must be resolved directly by the Service Seeker and the Business Owner. KidHire will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold KidHire harmless for any claim or controversy that may arise from any disputes between you and any Service Seeker, Business Owner or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Service Seekers, Business Owners or other users of the Site or the Services, particularly if you decide to meet offline. In addition, you agree to visit the KidHire website prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to KidHire immediately by notifying KidHire of the same via electronic correspondence.
  8. Age Restrictions
    1. Except with respect to Teen Providers (as described in Section 3.3), KidHire is intended for people 18 or over. Service Seekers and Business Owners should monitor children's use of the Internet and deny access to the Site to anyone under the age of 18. KidHire will not knowingly collect any information from individuals under 9. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
  9. Disclaimers; Limitations; Waivers; Indemnification
    1. No Warranty
      • The information and materials contained on the Site, 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 KidHire, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KidHire 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 KidHire; (3) WARRANT THAT YOUR USE OF THE 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, KidHire 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, KidHire MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A Business Owner OR TO EMPLOY THE SERVICES OF A Business Owner.
    2. Assumption of Risk
      • You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in KidHire's website, when interacting with other site visitors or Registered Users.
    3. Limitation of Liability
      • Incidental Damages and Aggregate Liability. In no event will KidHire 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 Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if KidHire, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL KidHire'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID KidHire FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
      • No Liability for non-KidHire Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KidHire BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
      • In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. KidHire 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 Site. 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 Terms, users of the Site and Services agree to indemnify, defend and hold harmless KidHire and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by KidHire 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 Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. KidHire 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 KidHire. Users further agree to hold harmless KidHire 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 Site.
  10. Copyright Notices/Complaints
    1. It is KidHire's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting KidHire's copyright agent (identified below) and providing the following information:
      • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
      • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
      • Your name, address, telephone number and (if available) e-mail address.
      • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
      • A signature or the electronic equivalent from the copyright holder or authorized representative.
    2. In an effort to protect the rights of copyright owners, KidHire maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
  11. Agreement to Arbitrate
    1. Agreement to Arbitrate
      • This Section 11 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and KidHire or a KidHire Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    2. Prohibition of Class and Representative Actions and Non-Individualized Relief
      • YOU AND KidHire AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KidHire AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER KidHire USERS.
    3. Pre- Arbitration Dispute Resolution
      • KidHire is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email atcareteam@KidHire or at KidHire, Inc., Attn: Legal Department, 201 Jones Road, Suite 500, Waltham, MA 02451.
    4. Arbitration Procedures
      • Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
      • To commence an arbitration against KidHire, you must complete a short form, submit it to the AAA, and send a copy to KidHire at KidHire, Inc., Attn: Legal Department, 201 Jones Road, Suite 500, Waltham, MA 02451. For more information, see the AAA's claim filing page,http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
      • The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or KidHire may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and KidHire subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or KidHire, unless the arbitrator requires otherwise.
      • The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different KidHire users, but is bound by rulings in prior arbitrations involving the same KidHire user to the extent required by applicable law.
    5. Costs of Arbitration
      • Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, KidHire will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, KidHire will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse KidHire for all fees associated with the arbitration paid by KidHire on your behalf that you otherwise would be obligated to pay under the AAA's rules.
    6. Confidentiality
      • All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    7. Severability
      • If a court decides that any term or provision of this Arbitration Agreement other than Section 11.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 11.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
    8. Opt-Out Procedure
      • You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. For new KidHire users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time or August 20,2013, whichever is later. If you are already a current KidHire user and previously accepted the KidHire Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than August 20, 2013. You must mail the Opt-Out Notice to KidHire, Inc.,. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the KidHire account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
    9. Future Changes to this Arbitration Agreement
      • Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against KidHire prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against KidHire prior to the effective date of removal.
  12. Governing Law and Jurisdiction
    1. These Terms, and any dispute between you and KidHire, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 11, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 11 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and KidHire must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts. You and KidHire agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes.
  13. Miscellaneous
    1. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
  14. Contact Information
    1. If you have any questions or need further information as to the Site or Services provided by KidHire, or need to notify KidHire as to any matters relating to the Site or Services please contact KidHire at: info@kidhire.com