NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
Access and Compliance
EXCEPT AS REFERENCED DIRECTLY BELOW, BAMBINO DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE WEBSITE IN ANY WAY. The services offered by BAMBINO at the Website are limited to providing a marketplace for care seekers and caregivers, in which care seekers are able to locate, select, book, pay, and review a caregiver (hereafter “Service”). BAMBINO is not an employer of any User. Should a care seeker enter into an agreement with a caregiver, BAMBINO is not a party to any such agreement. BAMBINO strongly recommends that, if any user is introduced to an individual who may be a suitable caregiver, said user should take all reasonable and sensible precautions and steps to assess such individuals. Any information gained from questionnaires or tests at the Website are based solely upon information submitted by other individuals or users of the Website and BAMBINO make no guarantees as to its correctness, completeness, or accuracy of such user-submitted information and cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information. Each user is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
Although BAMBINO attempts to maintain the integrity and accuracy of the information on the Website, BAMBINO provides any services on an “as is” basis and makes no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform BAMBINO by contacting us via information provided at the “Contact Us” link. BAMBINO specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, BAMBINO does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. BAMBINO disclaims liability for, and no warranty is made with respect to, connectivity and availability.
By registering for and using the Website or Service as a Parent or Sitter, you hereby acknowledge and agree that BAMBINO has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of the Website and its users ("Internal Background Checks"). BAMBINO may order these checks when you register with the Website and thereafter in connection with your continued use of our Service and/or interaction with our Website (such as by contacting or communicating with other members, posting or updating a job or profile, etc.).
These Internal Background Checks are regulated by the Fair Credit Report Act (“FCRA”), and the background reports resulting from these services are considered "consumer reports" under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. Please be advised that BAMBINO is not a consumer reporting agency as defined in the FCRA which can be found at www.ftc.gov/os/statutes/fcrajump.shtm, and any information collected or received by BAMBINO from its third party service providers have not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA as well as all other applicable consumer reporting laws. The information provided in the Internal Background Checks may not be reviewed or considered as a factor in (1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
You understand and agree that BAMBINO may review the information provided by the third-party consumer reporting agency and that BAMBINO retains the right to deactivate your BAMBINO registration based on the information it receives from these checks, even if such information was subsequently dismissed. If BAMBINO deactivates your membership or access to the Website and/or Service on the basis of information in an Internal Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. All users acknowledge and understand that BAMBINO has no control over and does not assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party consumer reporting agency or contained within commercial databases maintained by third party consumer reporting agency or public records maintained and/or transmitted by federal, state or municipal government entities. Public records and commercial data systems may have errors and should not be relied upon as definitively accurate. Before relying on any data supplied, it should be independently verified. Certain criminal record data may include records that have been expunged, sealed, or otherwise inaccessible to the public since the date on which the data or record was last updated or collected.
BY AGREEING TO THESE TERMS AND USING OUR WEBSITE, YOU AGREE TO ALLOW BAMBINO TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE BAMBINO. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED. You expressly acknowledge that BAMBINO has no obligation to perform Background Checks, on any registered users. To the extent BAMBINO performs such checks on certain registered users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Website and the Service. Moreover, you hereby represent, understand and expressly agree that those checks are completed by a third-party consumer reporting agency (not BAMBINO), that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed, and that the checks are not always accurate or a complete compilation of a person's criminal history.
If you decide to access, use, or share information provided by an Internal Background Check, you agree to do so in accordance with applicable law. Additionally, if such verification is included, promoted, or otherwise displayed on any user profile or in any such manner on the Website or Service, you hereby acknowledge that any such claim is not warranted by BAMBINO and is solely the result of information provided by a third-party source.
YOU ALSO AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BAMBINO FROM ANY LOSS, LIABILITY, INJURY, DEATH, DAMAGE, OR COSTS THAT MAY RESULT FROM YOUR USE OF, RELIANCE ON, OR SHARING OF THE INFORMATION CONTAINED IN AN INTERNAL BACKGROUND CHECK OR ANY USE OF, RELIANCE ON, OR SHARING OF ANY SUCH INDICATION OR VERIFICATION FOR ANY USER ON THE WEBSITE OR SERVICE, REGARDLESS OF THE CAUSE, INCLUDING, WITHOUT LIMITATION, DUE TO THE INACCURACY OR INCOMPLETENESS OF ANY SUCH INFORMATION.
USE OF THE WEBSITE
By using or accessing the Website, you agree to the following:
(1) The information posted in any profile you create, including your photograph, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You assign to BAMBINO, with full title guarantee, all copyright in your profile, any photographs posted by you, and any additional information sent to BAMBINO at any time in connection with your use of the Website. You waive absolutely any and all moral rights to be identified as author of your profile and owner of your photograph and any similar rights in any jurisdiction in the world. By posting information, photographs or content on any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to BAMBINO, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
(2) You will use the Website in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Website. You will not transmit any chain letters or junk email to other members. To protect our users against such conduct, BAMBINO may limit or otherwise control the number of messages that any user may send in a day. You are solely responsible for your interactions with other users of the Website. BAMBINO reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other users of the Website.
(3) You are solely responsible for the content or information you post, publish or display on the Website, or transmit to other users. You shall not post on the Website, or transmit to other users or to BAMBINO or its employees, agents or representatives, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, 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). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. BAMBINO reserves the right, but has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. BAMBINO reserves the right to refuse service to anyone, at our sole discretion.
(4) By becoming a Member/Subscriber/Registrant, you agree to accept and consent to receiving email communications initiated from BAMBINO or through BAMBINO including, without limitation: message notification emails and emails informing you about events, emails informing you of changes to the Website and emails informing you of promotions that either BAMBINO provides or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and, in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Should you not wish to receive any of BAMBINO’s email communications, please do not register/subscribe to the Website. However, you may opt-out of receiving email communications sent from BAMBINO or through BAMBINO.
Harassing, abusing or otherwise inappropriately contacting any other user of the Website;
Collecting information about the Website or any users of the Website without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent;
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
Accessing or using the site for commercial or competitive purposes;
Disguising the origin of information transmitted to, from, or through the Website.
Impersonating another person;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access or use the Website;
Using the Website for any purpose in violation of local, state, national, international laws
Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
Posting, distributing or reproducing in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
Removing any copyright, trademark or other proprietary rights notices contained in the Website or forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Website;
(8) If you are thirteen (13) to seventeen (17) years of age and would like to use the Website as a caregiver (a "Teen User"), you may register to use the Website only if your parent or legal guardian (1) consents to your registration through the Website and (2) becomes a registered user (a "Consenting Parent User"). Consenting Parent Users will have access to all communications between the Teen User and other Registered Users as well as a copy of all emails BAMBINO sends to the Teen User. Consenting Parent Users may respond to communications sent by other Registered Users to the Teen User and may report inappropriate message content to BAMBINO. Consenting Parent Users may also log in to, update the settings of and terminate their Teen User's account.
If you are a Consenting Parent User, you also agree that you are responsible for monitoring the account of your Teen User as well as your Teen User's activities both on and off of the Website, including monitoring who your Teen User communicates with and meets both on and off the Website and with whom he or she agrees to provide caregiver services. As a Consenting Parent User, you also agree to opening of a Stripe account on behalf or for the benefit of the Teen User or consent to the Teen User opening a Stripe account.
Should BAMBINO find that you violated the terms of this Section or any terms stated herein, BAMBINO reserves the right, at its sole discretion, to immediately deactivate your use of the Website and Service. By using the Website and/or Service, you agree that BAMBINO may assess, and you will be obligated to pay, $5,000 per each day that you: (i) maintain Parent or Sitter 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 misuse or misappropriate 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 BAMBINO may have under these Terms or applicable law. Further, in order to protect the integrity of the Website and the Service, BAMBINO reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
BRAINTREE Payment Platform
You expressly understand and agree that BRAINTREE handles all payments or monetary transactions that occur through your use of the Website or Service. You expressly understand and agree that BAMBINO shall not be liable for any payments or monetary transactions that occur through your use of the Website or Service. You also agree that BAMBINO shall not be liable for any issues regarding any monetary transactions between you and any other party, including BRAINTREE.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or BRAINTREE. BAMBINO is not liable for loss or damage from errant or invalid transactions processed with your BRAINTREE account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that BAMBINO uses the BRAINTREE API to run payments for the Website and Service that the BRAINTREE API is subject to change at any time and such changes may adversely affect the Website and/or Service. You understand and agree to not hold BAMBINO liable for any adverse effects to your BRAINTREE account and/or your BAMBINO account as result of any actions or inactions on the part of BRAINTREE.
You must not process stolen credit cards, or unauthorized credit cards through BRAINTREE and/or your BAMBINO account.
Copyrights and Trademarks
The contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are BAMBINO, its affiliates or other third party licensors. Except as stated herein, none of the contents of the Website may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of BAMBINO.
Owners of copyrights or their agents that believe any content on this Website infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to BAMBINO immediately upon discovery. If you wish to file a takedown request via mail or by e-mail, please provide the following information as outlined by the DMCA to the contact information below.
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
Identification of the location where the original or an authorized copy of the copyrighted work exists.
Identification of the URL or other specific location on this Website where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
Your name, address, telephone number, and email address so that we may contact you.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Any notices given pursuant to the DMCA shall be given to the designated agent of the Website at email@example.com or via registered, United States mail sent return receipt to:
Bambino Technologies, Inc.
Attn: DMCA Compliance Agent
17772 Calle De Palermo
Pacific Palisades, CA 90272
Limitation of Liability
BAMBINO DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE WEBSITE IN ANY WAY. IN NO EVENT WILL BAMBINO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BAMBINO OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BAMBINO FOR USE OF THE WEBSITE DURING THE TERM OF YOUR MEMBERSHIP/SUBSCIPTION. BAMBINO WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE WEBSITE, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE WEBSITE. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION”.
Assumption of Risk
You assume all risks when using the Website and Services, including but not limited to all risks associated with interacting with Users of the Website whether it be online or offline.
If you have a dispute with one or more of the other users of the Website, you release BAMBINO (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Shall a conflict or contradiction exist between these Terms and any others which relate specifically to a particular section of the Website, the specific terms relevant that section shall prevail.
Any provision of this agreement found to be unenforceable will not void nor effect other provisions of the agreement.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with BAMBINO or the use of this Website. Please read this section carefully. Our Customer Service Department, which you can reach at support@Bambinoapp.com or 1-844-622-6246, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Bambino Technologies, Inc.
ATTN: Notice of Dispute
17772 Calle De Palermo
Pacific Palisades, CA 90272
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here [insert hyperlink – https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&]. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here [insert hyperlink: https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820]. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here [insert hyperlink: http://www.lacourt.org/division/smallclaims/smallclaims.aspx] However, if you initiate a Small Claims case, you are responsible for all of your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Governing Law & Exclusive Venue
If you have any questions regarding these terms or wish to contact us for any matter: