Terms of service.

JUNE CARE TERMS OF SERVICE

Last updated: September 20, 2023

Welcome to The June Care Company (“June Care”). We're glad you're here.

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BECAUSE THEY ARE A LEGALLY BINDING AGREEMENT GOVERNING YOUR USE OF THE JUNE CARE COMPANY PLATFORM AND RELATED SERVICES. You and June Care are parties to this Agreement (each a “Party” and collectively “Parties”). THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS THAT AFFECT HOW DISPUTES MAY BE RESOLVED AND THEY SET FORTH THE COMMERCIAL FRAMEWORK FOR OUR SERVICE (DEFINED BELOW).

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE JUNE CARE SERVICE.

THE SERVICE MAY BE USED TO FIND AND OFFER INTERMITTENT, IRREGULAR CHILDCARE AND TO FACILITATE PAYMENT BETWEEN USERS, BUT ALL TRANSACTIONS CONDUCTED VIA THE SERVICE ARE BETWEEN PARENTS (DEFINED BELOW) AND PROVIDERS. JUNE CARE IS NOT A PARTY TO ANY SUCH TRANSACTION. YOU AGREE THAT JUNE CARE HAS NO LIABILITY FOR ANY ALLEGED DAMAGES ASSOCIATED WITH BOOKINGS (DEFINED BELOW), WHICH MAY INCLUDE BUT ARE NOT LIMITED TO DAMAGE TO PERSONAL PROPERTY, BODILY INJURY, ILLNESS OR DEATH, OR RESULTING FROM ANY OTHER TRANSACTIONS BETWEEN YOU AND ANY OTHER USER OF THE SERVICE.

A. The June Care Service

The June Care Service ("Service") is a web-based two-sided marketplace that enables connections between a parent or other individual who desires intermittent, irregular childcare services ("Parent") and a parent or other individual who may provide intermittent, irregular childcare services (“Provider”) whose full-time vocation is not babysitting. Parents and Providers are users of the Service (“Users”). The Service includes referring Parents to potential Providers via June Care’s online marketplace. June Care charges Parents a fee for use of the Service. Providers earn 100% of the rate they negotiate with the Parent. Providers set the hourly rates for Bookings. June Care does not set or negotiate rates. June Care does not pay Providers.

June Care does not provide childcare. June Care does not provide, place, offer or seek to obtain employment or engagement for any Provider.

PROVIDERS ARE OPERATING INDEPENDENT BUSINESSES. PROVIDERS ARE INDEPENDENT CONTRACTORS OF PARENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF JUNE CARE. JUNE CARE DOES NOT PROVIDE CHILDCARE AND DOES NOT EMPLOY INDIVIDUALS TO PROVIDE CHILDCARE SERVICES.

USERS HEREBY ACKNOWLEDGE THAT JUNE CARE DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A PROVIDER’S SERVICES AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICES PERFORMED IN ANY MANNER.

B. Background Checks and User Representations and Warranties

Users may be subject to a review process before they can register for and during their use of the Service, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate. Although June Care may perform background checks, June Care cannot confirm that any user is who they claim to be, and June Care cannot and does not assume any responsibility for the accuracy or reliability of background check information.

Pursuant to California Business and Professions Code Section 18890.2:

Trustline is California's official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1–800–822–8490.

June Care does not currently use Trustline. Pursuant to California Business & Professions Code Section 18890.2, please see Appendix A for a written description of the background check provided by the 3rd Party Verification Service conducting the background checks described above.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. June Care will not be liable for any false or misleading statements made by Users of the Service.

IF YOU ARE UNCOMFORTABLE FOR ANY REASON, ANY PARENT OR PROVIDER CAN CANCEL THE BOOKING BEFORE IT BEGINS FOR A 100% REFUND (IF APPLICABLE) WITH NO PENALTIES.

NEITHER JUNE CARE, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE JUNE CARE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE.

To use the Service you must create an account and truthfully and accurately fill out the June Care Profile Form. You agree not to impersonate anyone else when you create your account. To create an account, you must be at least 18 years old. Children are prohibited from using the Service or the Site (defined below). "Site" means June Care’s website from which the Service is made available to customers, including you, accessible at https://www.JuneCare.co.

By using the Service, you agree to not share your account with anyone else. If you believe that your account has been compromised at any time, please notify June Care at support@JuneCare.co.

All Users represent and warrant that:

You are 18 years of age or older, and are otherwise capable of entering into binding contracts;
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and you will so abide;
You have read, understand, and agree to be bound by the Agreement;
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users;
You will act professionally and responsibly in your interactions with other Users;
You will use your real name or business name on your profile; and
When using or accessing the Service, you will act in accordance with all applicable laws and in good faith.

Providers additionally represent and warrant that:

When using the Service and providing your services to Parents, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
You are operating an independent business;
You have any and all insurance required to provide your services to Parents;
You will use your real name or business name and an up-to-date photo on your profile;
You are authorized to work in the city and state in which you offer and provide services to Parents; and
If you offer driving as a part of your services, you have a valid driver’s license for the jurisdiction(s) in which you offer and provide your services.

C. Access and Use of the Service.

Subject to your compliance with the terms and conditions of this Agreement, including the restrictions set forth herein June Care hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right to use and access the Service for your own personal use.

You will not use the Service in any manner beyond the scope of the rights expressly granted in this Agreement. You will not at any time, directly or indirectly, and will not permit any Person to: (i) modify or create derivative works of the Service, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Service, in whole or in part; (iii) sell, resell, rent or lease use of the Service to any other Person, or otherwise allow any Person to use the Service for any purpose other than for your benefit in accordance with this Agreement; (iv) use the Service to store, transmit, upload or post any infringing, libelous or otherwise unlawful or tortious material or any data for which you do not have the necessary consents or rights to store, transmit, upload or post (as applicable) in connection with the Service; (v) interfere with, or disrupt the integrity or performance of, the Service, or any data or content contained therein or transmitted thereby; (vi) access or search the Service (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Service features provided by June Care for use expressly for such purposes; or (vii) use the Service or any other Confidential Information (as defined below) of June Care for any commercial or competitive purposes, including to create any Service or service that competes with, or is designed to compete with, any of June Care’s Service or services. As used herein, "Person" means any individual, corporation, partnership, trust, limited liability company, association, governmental authority or other entity.

You are responsible for all activities that occur under your Account, whether or not you know about them. You represent that you have not and will not misrepresent your identity or otherwise provide any deceptive or misleading profile information or image in the creation of your account with June Care to use the Service.

Nothing in this Agreement or the performance thereof will operate to grant you any right, title or interest, whether by implication, estoppel or otherwise, in or to the Service or any other services offered by June Care (or any intellectual property rights in the foregoing), other than as expressly set forth in this Agreement. As between the Parties, June Care will exclusively own all right, title and interest in and to the Service, and any and all improvements, enhancement, modifications or derivative works to the foregoing (and all intellectual property rights in any of the foregoing).

D. Third Party Services

The Service may include features that operate in conjunction with certain third party applications, including but not limited to Google Forms, Google Sheets, Google Calendar, Google Voice, GoDaddy Website/ Hosting and Facebook (“Third Party Services”). Your access and use of third party applications and websites is governed by the terms of service and other agreements from those applications and sites. You are responsible for ensuring that your use of those applications and sites complies with any applicable terms of service or other agreements.

The Site may contain links to third-party websites. June Care does not control or endorse those websites, or any goods or services sold on those websites. Similarly, the Site may contain ads from third-parties. June Care does not control or endorse any products being advertised.

You hereby agree to hold June Care harmless from any liability that may result from the use of links that may appear on the Site.

E. Payment

Parents and Providers transact with each other on the Service when they both agree to a “Booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Bookings via the 'Booking June Care' mechanism provided on the Site (a “Booking”). June Care is not a party to any contracts for Bookings or intermittent, irregular childcare services. All requests are subject to acceptance by both Users and no User is obligated to accept any request and may, at their discretion, decline for any reason without penalty. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as negotiated between you and the other User and as acknowledged in the Booking confirmation.

Parents, and not June Care, are responsible for payment for all Bookingss and other child-care related services through the Service. June Care is not obligated to compensate Providers for Parents’ failure to pay for services.

Parents shall pay via June Care the fees set forth in the Booking confirmation ("Fees") and June Care will transmit to Providers the Fees, less the applicable June Care Service fees upon completion of the Booking. Parents agree that June Care may bill the credit card or other payment method connected to their account for Bookings. You hereby authorize a third-party credit card processor engaged by June Care to charge your credit card or other payment method for the applicable Fees.

F. Privacy and Confidential Information

You acknowledge that you have reviewed and agreed to the June Care Privacy Policy available at https://JuneCare.co/privacy-policy. The June Care Privacy Policy is hereby incorporated into and are hereby deemed a part of this Agreement, and is binding upon you with respect to your use of the Service in connection with this Agreement.

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of June Care and agree that you will not, for the lifetime of your June Care account, plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Service in accordance with the Agreement. You shall promptly notify June Care in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to June Care promptly upon deactivation of your User account or termination of this Agreement for any reason.

The term “Confidential Information” shall mean any and all of June Care’s trade secrets, confidential and proprietary information, and all other information and data of June Care that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure.

G. Proprietary Rights

The Service and Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by June Care, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

As between you and June Care, you will own and retain all right, title and interest in and to all Parent Information, which includes content submitted in Parent or Provider profiles (“Parent Information”). You hereby grant June Care a non-exclusive, worldwide, royalty-free right and license, with the right to sublicense, to use, host, reproduce, display, perform, and modify the Parent Information in connection with the Service.

YOU AGREE TO INDEMNIFY, RELEASE, AND HOLD US HARMLESS FROM ANY ALL LIABILITY, CLAIMS, ACTIONS, LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE ARISING OUT OF ANY PARENT INFORMATION. THIS INDEMNFICATION OBLIGATION IS IN ADDITION TO THE INDEMNIFICATION SET FORTH IN THE SECTION TITLED "INDEMNIFICATION," BELOW.

You acknowledge and agree that June Care may generate, process and analyze data (including aggregate or anonymized Parent Information and any insights derived therefrom) and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (collectively, “Aggregate Data”). June Care shall own all right, title and interest in and to the Aggregate Data and may use such Aggregate Data for any lawful purpose in connection with its business including improving or otherwise optimizing the Service.

You may provide June Care with suggestions, comments and feedback with regard to the Service (collectively, “Feedback”). You hereby grant June Care a perpetual, irrevocable, royalty-free and fully paid-up license to use and exploit all Feedback in connection with June Care’s business purposes, including, without limitation, the testing, development, maintenance and improvement of the Service.

Nothing in this Agreement shall restrict June Care (including any of its employees, representatives, or contractors) from using general ideas, concepts, practices, learning, or know-how obtained in the course of performing the services contemplated hereunder, that are retained in the unaided memory of June Care (including any of its employees, representatives, or contractors) following performance of such services.

H. Representations, Warranties and Disclaimers

June Care provides the Site and Service on an "AS IS" and "AS AVAILABLE" basis. YOUR USE OF THE SERVICE AND SITE IS AT YOUR OWN DISCRETION AND RISK.

JUNE CARE GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Service or the Site (or any information contained in the Site). June Care does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. JUNE CARE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, PARENT INFORMATION REGARDLESS OF WHETHER ORDERED BY A PARENT OR JUNE CARE. June Care does not warrant that your use of the Site or Service or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site or Service will be corrected. June Care makes no warranties about the connectivity and continued availability of the Site or Service.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT (I) JUNE CARE DOES NOT ITSELF PROVIDE ANY ASPECT OF THE THIRD PARTY SERVICES AND IS NOT RESPONSIBLE FOR ANY COMPATIBILITY ISSUES, ERRORS OR BUGS IN THE SERVICE OR THIRD PARTY SERVICES CAUSED IN WHOLE OR IN PART BY THE THIRD PARTY SERVICES OR ANY UPDATE OR UPGRADE THERETO; AND (II) YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE THIRD PARTY SERVICES AND OBTAINING ANY ASSOCIATED LICENSES AND CONSENTS NECESSARY FOR YOU TO UTILIZE THE THIRD PARTY SERVICES IN CONNECTION WITH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

JUNE CARE HAS NO LIABILITY FOR ANY CLAIMS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER PARENTS OR THEIR CHILDREN OR THE ACTS OR OMISSIONS OF PROVIDERS OR PARENTS, WHETHER ONLINE OR OFFLINE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOUR USE OR PROVISION OF BOOKINGS IS AT YOUR SOLE AND EXCLUSIVE RISK.

Users further acknowledge that to the extent Parents and Providers connect outside June Care and/or Bookings, these Terms of Service and any representations by June Care do not apply and June Care will not be liable for any claims, injuries, loss, harm, or damages.

Your hereby represent, warrant and covenant to June Care that (i) the Parent Information you provide is accurate, truthful and complete, and (ii) you shall comply with all applicable laws.

I. Indemnification

You hereby agree to indemnify, defend, and hold harmless June Care from and against any and all liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Service or Site; (ii) your participation in Bookings, or your ability or inability to perform or obtain Bookings or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in this Agreement; and (vi) any content submitted by you on the Site, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. June Care reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of June Care.

J. LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF JUNE CARE AND ITS AFFILIATES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU AGREE TO RELEASE JUNE CARE AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICE, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND ANOTHER PARENT OR (IV) ANY PARENT INFORMATION.

JUNE CARE MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Service, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Service.

IN NO EVENT WILL JUNE CARE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OR SERVICES, OR (III) YOUR RECIEPT OR PROVISION OF BOOKINGS OR INTERMITTENT, IRREGULAR CHILDCARE.

YOU AGREE THAT NEITHER JUNE CARE NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.

K. Termination.

June Care may suspend your right to use the Service pending its investigation of a potential breach by you of this Agreement. June Care may terminate your account on the Site or limit your use of the Service upon its determination that you breached a provision of this Agreement.

Even after your right to use the Service is suspended, terminated or limited, this Agreement will remain enforceable against you. June Care reserves the right to take appropriate legal action pursuant to the Agreement.

June Care reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Service at its sole discretion. June Care will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, June Care shall not be liable to you for any modification or discontinuance of all or any portion of the Service. June Care has the right to restrict anyone from completing an account on the Site and/or having access to the Service if, as determined by June Care, such person may threaten the safety and integrity of the Service, which would be a breach of the Agreement.

You may terminate your account at any time by sending your request to support@junecare.co. You may re-register at any time, but your previous information and activity, including any fee credits and any Parent Information you may have created, may no longer be available.

Sections D, F, and G through N survive any termination or expiration of this Agreement.

L. Dispute Resolution – Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND JUNE CARE CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND JUNE CARE TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

(a) Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND JUNE CARE MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of this Agreement and your relationship with June Care.

To the fullest extent permitted by applicable law, you and June Care agree to arbitrate any and all disputes and claims (“collectively, “Claim” or “Claims”) relating to, arising from or regarding the Agreement (including previous versions), your use of the Service, your relationship with June Care, Bookings and other child-care related services facilitated through June Care.

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by June Care; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act, the California Labor Code, the California Fair Employment and Housing Act, the California Family Rights Act, the California Business & Professions Code and any other state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory, Constitutional and common law claims.

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and June Care agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND JUNE CARE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

(b) Prohibition of Class Actions and Non-Individualized Relief

Except as otherwise required under applicable law, you and June Care agree that any arbitration will be limited to the Claim between June Care and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND JUNE CARE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and June Care otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.

(c) Representative PAGA Waiver

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and June Care agree not to bring a representative action on behalf of others under the California Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and June Care agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”).

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules and Logistics Governing Arbitration

In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and June Care agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(a) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

(b) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

(e) Exceptions to Arbitration

The Arbitration Agreement shall not require arbitration of the following types of claims:

Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
Representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 19(d) is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and
Claims that have been expressly excluded from mandatory arbitration by the FAA or a governing law not preempted by the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving a whistleblower award for information provided to a government agency.

(f) Severability

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(g) Opt Out of Arbitration Agreement

YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT BY EMAILING US AT SUPPORT@JUNECARE.CO WITHIN 30 DAYS OF SIGNING UP TO USE THE SERVICE. YOU MUST INCLUDE YOUR NAME, PHONE NUMBER, PHYSICAL ADDRESS, AND EMAIL ADDRESS IN YOUR OPT-OUT NOTICE. THIS IS YOUR ONLY MECHANISM FOR OPTING OUT OF THE ARBITRATION AGREEMENT AND FAILURE TO DO SO CONSTITUTES YOUR CONSENT TO THIS ARBITRATION AGREEMENT. IF YOU CHOOSE TO OPT OUT OF THE ARBITRATION AGREEMENT, PLEASE NOTE THAT ALL OTHER PROVISIONS IN THIS AGREEMENT WILL REMAIN INTACT AND IN FULL FORCE AND EFFECT.

M. Worker Classification and Withholdings

June Care does not employ Providers. June Care is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a user’s use of the Service. Each User assumes all liability and responsibility for proper classification of a User providing services to them based on applicable legal guidelines.

N. General Provisions

This Agreement, together with any other documents incorporated herein by reference and all related exhibits, if any, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.

Except as otherwise expressly permitted herein, all notices required or permitted to be given hereunder shall be in writing and shall be deemed effective when personally delivered, when received by email (with no bounce back message received), when delivered by overnight courier or 5 days after being deposited in the United States mail, with postage prepaid thereon, certified or registered mail, return receipt requested, addressed, as applicable, to June Care Corporation. If your contact information changes, you are responsible for updating such information through your account on the Site.

No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

The provisions of this Agreement are severable. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Neither Party may assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the other Party’s express prior consent. Notwithstanding the foregoing, June Care may assign this Agreement in case of merger, acquisition or sale by June Care of all or substantially all of the assets to which this Agreement relates. Any attempt to assign or transfer this Agreement, in contravention of the foregoing will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each Party's permitted successors and assigns.

June Care reserves the right, at its sole discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Agreement and Privacy Policy) and review, modify or discontinue, temporarily or permanently, the Service, or any content or information through the Service at any time, effective with or without prior notice and without any liability to June Care.

June Care will use best efforts to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. 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 terminate your account, and immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations.