JUNE CARE TERMS OF SERVICE
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 BINDING AGREEMENT BETWEEN YOU AND JUNE CARE, 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).
BY SIGNING UP FOR OR BY USING THE SERVICES, YOU INDICATE THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ACCEPT ALL THE TERMS CONTAINED HEREIN. THIS AGREEMENT IS EFFECTIVE UPON THE DATE YOU BEGIN ACCESSING THE SERVICE (THE “EFFECTIVE DATE”).
THE SERVICE MAY BE USED TO FIND AND OFFER CHILDCARE AND TO FACILITATE PAYMENT, BUT ALL TRANSACTIONS CONDUCTED VIA THE SERVICE ARE BETWEEN PARENTS (DEFINED BELOW) AND HOST PARENTS (DEFINED BELOW). JUNE CARE IS NOT A PARTY TO ANY SUCH TRANSACTION. SUBJECT TO SECTION I, EXCEPT FOR THE LIMITED REFUNDS SPECIFIED IN SECTION C, YOU AGREE THAT JUNE CARE HAS NO LIABILITY FOR DAMAGES ASSOCIATED WITH PLAYDATES (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. YOU AND JUNE CARE MAY BE REFERRED TO HEREIN COLLECTIVELY AS THE “PARTIES” OR EACH INDIVIDUALLY AS A “PARTY.”
This Agreement was last updated on July 15, 2021.
A. June Care Services
The June Care Service ("Service") is a web based application that connects and facilitates communications between a parent or other individual who desires childcare services ("Parent") and a parent or other individual who may provide childcare services (“Host Parent”). The Service includes matching, scheduling, payments and logistics related to such childcare service. June Care charges fees for the Service, as described below in Section F. June Care does not provide childcare and is not a referral or placement service. June Care does not provide, refer, place, offer or seek to obtain employment or engagement for any Host Parent.
B. Your Account
To use the Service You will be required to create an account ("Account") and truthfully and accurately fill out the June Care Profile Form which will be used to match you to another Parent. You agree not to impersonate anyone else when you create your account and to cooperate with a June Care specialist who may facilitate your registration. To create an account, you must be at least 18 years old. Children are prohibited from using the Services or the Site (defined below). If your information changes at any time, please update your account to reflect those changes immediately. "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 info@JuneCare.co.
C. Disclaimer, Playdates and Parent Information.
We make no representations or warranties about the quality of the childcare provided by Host Parents (“Playdates”), or about your interactions and dealings between Parents and Host Parents. Host Parents determine in their own discretion how to provide childcare and are not under the direction or control of June Care. June Care does not employ, recommend or endorse Host Parents or Parents, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the acts or omissions or any conduct of Host Parents or Parents. When booking a Playdate, you should make your own assessments of the persons you decide to interact with, engage or provide services to. June Care manages the payments for all Playdates. IF YOU ARE UNCOMFORTABLE FOR ANY REASON, YOU CAN CANCEL THE PLAYDATE BEFORE IT BEGINS FOR A 100% REFUND WITH NO PENALTIES.
June Care has no obligation to screen or verify the identity or background of any Parent or Host Parent and does not screen or verify any content submitted by a Parent or Host Parent in the June Care Profile Form or otherwise ("Parent Information"). June Care has no control over the accuracy, reliability, completeness or timeliness of the Parent Information and makes no representations about any such Parent Information. You should exercise caution and use your independent judgment before engaging a Host Parent or providing childcare. Parents and Host Parents are solely responsible for evaluating the suitability of a Playdate and making decisions that are in the best interests of themselves and their children.
D. Access and Use of the Services.
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 Services 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 Services, and any and all improvements, enhancement, modifications or derivative works to the foregoing (and all intellectual property rights in any of the foregoing).
E. Third Party Services
The Service may include features that operate in conjunction with certain third party applications such as Google Forms, Google Sheets, Google Calendar, Google Voice, GoDaddy Website/ Hosting and Facebook (“Third Party Services”). While your use of the Third Party Services is governed by this Agreement, your access and use of third party applications and websites and the services provided through the Services is governed by the terms of service and other agreements posted on through these applications and on these 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. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Site may contain ads from third-parties. We do not control or endorse any products being advertised.
F. Playdates, Fees and Payment; Circumvention.
Parents and Host Parents transact with each other on the Service when they both agree to a “Playdate” that specifies the fees, time period, cancellation policy, and other terms for provision of Playdates via the 'Booking a June Care Playdate' mechanism provided on the Site (a “Booking”) A Booking may be initiated by either a Host Parent or a Parent by selecting the type(s) of Playdates to be provided and then following the prompts that appear on-screen. All requests are subject to acceptance by the Parent who did not initiate the Booking. Such Parent is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.
Parents shall pay June Care the fees set forth in the Booking confirmation ("Fees") and June Care will pay Host Parents less the applicable June Care Service fees upon completion of the Playdate. You agree that June Care may bill your credit card or other payment method for Bookings. All payments made under this Agreement to June Care will be made in U.S. dollars and will be non-refundable. You hereby authorize June Care, through a third-party credit card processor, to charge your credit card or other payment method for the applicable Fees. The Service will only be made available if the agreed upon fees are paid in full, and access to the Service may be suspended for the time that any such Fees are due and not paid. You may change your payment method information by entering updated information through the user interface of the Service. Unless the Booking confirmation provides otherwise, all Fees are due immediately upon Booking confirmation.
By using the Site and June Care Service, you agree that you shall not circumvent and shall not encourage or advise anyone else to circumvent the purpose of this Agreement, including but not limited to payments owed to June Care, by making or receiving payments or fees of any kind, either directly or indirectly, or entering into any separate agreement regarding any childcare with any of the parties that contacted you or you contacted on the Site or through the June Care Service. A breach of this covenant not to circumvent would result in damages to June Care including but not limited to indirect consequential damages that would be difficult to appraise, therefore the parties agree that a breach of this paragraph will result in the payment of liquidated damage to June Care in an amount equal to three time (3X) the total amount of fees that June Care would have been entitled to had the transaction occurred in accordance with this Agreement. These damages are not a penalty and will be paid to June Care immediately upon notice of circumvention. If you do not pay this fee, you understand that you may be liable and will need to cover all of June Care’ s legal expenses. This paragraph shall survive termination of this Agreement for thirty-six (36) months.
G. Confidential Information
Any information that one Party provides to the other Party during the Term of this Agreement that is identified at the time of disclosure as confidential or, given the circumstances of disclosure or the nature of the information, reasonably should be considered to be confidential will be “Confidential Information” of the disclosing Party (the “Disclosing Party”). For clarity, the Service will be deemed the Confidential Information of June Care hereunder.
Each Party (the “Receiving Party”) will maintain the other Party’s Confidential Information in strict confidence, and will not use the Confidential Information of the Disclosing Party except as necessary to perform its obligations or enforce its rights under this Agreement. The Receiving Party will not disclose or cause to be disclosed any Confidential Information of the Disclosing Party, except (i) with respect to June Care as the Receiving Party, to its employees, representatives, or contractors who have a bona fide need to know such Confidential Information to perform under this Agreement and who are bound by written agreements with use and nondisclosure restrictions at least as protective as those set forth in this Agreement, or (ii) as such disclosure may be required by the order or requirement of a court, administrative agency or other governmental body, subject to the Receiving Party providing to the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or otherwise contest the disclosure.
Nothing in this Agreement will prohibit or limit either Party’s use of information (i) rightfully known to it prior to receiving it from the Disclosing Party, (ii) independently developed by or for it without use of or access to the other Party’s Confidential Information, (iii) permissibly acquired by it from a third party which is not under an obligation of confidence with respect to such information, or (iv) which is or becomes publicly available through no breach of this Agreement.
The terms and conditions of this Agreement will constitute Confidential Information of each Party, but may be disclosed on a confidential basis to a Party’s advisors, attorneys, actual or bona-fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes.
Each Party acknowledges that damages for improper disclosure of Confidential Information may be irreparable; therefore, the injured Party is entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this Section G.
H. 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. 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 or any other business purpose during the Term.
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.
I. Representations, Warranties and Disclaimers
"AS-IS" BASIS. June Care provides the 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 Services.
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 HOST PARENTS 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 PLAYDATES IS AT YOUR SOLE AND EXCLUSIVE RISK.
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.
June Care will defend, indemnify and pay all damages finally awarded against you pursuant to a final, valid and binding judgment or order, or a final settlement agreement with respect to any claim, suit or proceeding brought by a third party against you arising from infringement of third party intellectual property rights by the Service.
June Care’s obligations under Section J will not apply if the underlying third party claim arises from or as a result of: (i) your breach of this Agreement, negligence, willful misconduct or fraud; (ii) any Parent Information; (iii) modifications to the Service by anyone other than June Care; or (iv) combinations of the Service of with software, data or materials not provided by June Care.
If June Care reasonably believes the Service (or any component thereof) could infringe any third party’s intellectual property rights, June Care may, at its sole option and expense, use commercially reasonable efforts to: (i) procure the right for you to continue using the Service (or any infringing component thereof) to make it non-infringing without materially reducing its functionality; or (ii) replace the Service (or any infringing component thereof) with a non-infringing alternative that is functionally equivalent in all material respects. If the foregoing remedies are not available to June Care on commercially reasonable terms, then June Care may suspend or terminate your use of the Platform upon notice to you. In the event of any such termination, June Care will refund to you a pro-rata portion of the fees that have been paid for the unexpired portion. The rights and remedies set forth in this Section J shall constitute your sole and exclusive remedy for any intellectual property infringement by the Service.
You will defend, indemnify and pay all damages finally awarded against June Care pursuant to a final, valid and binding judgment or order or a final settlement agreement with respect to any claim, suit or proceeding brought by a third party against June Care arising from (i) any Parent Information, (ii) any breach by you of the terms of this Agreement; (iv) your use of the Service in a manner that is inconsistent with its intended use; and (v) your negligence or willful misconduct.
The Party seeking defense and indemnity (the “Indemnified Party”) will promptly notify the other Party (the “Indemnifying Party”) of any and all such claims and will reasonably cooperate with the Indemnifying Party with the defense and/or settlement thereof. The Indemnifying Party will have the sole right to conduct the defense of any claim for which the Indemnifying Party is responsible hereunder (provided that the Indemnifying Party may not settle any claim without the Indemnified Party's prior written approval unless the settlement unconditionally releases the Indemnified Party from all liability, does not require any admission by the Indemnified Party, and does not place restrictions upon June Care’s business or the Service). The Indemnified Party may participate in the defense or settlement of any such claim at its own expense and with its own choice of counsel or, if the Indemnifying Party refuses to fulfill its obligation of defense, the Indemnified Party may defend itself and seek reimbursement from the Indemnifying Party.
K. LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF JUNE CARE AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU AGREE TO RELEASE JUNE CARE AND ITS AFFILIATED PARTIES 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 AFFILIATED PARTIES 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 PARENTS, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY PARENT OR SERVICES, OR (III) YOUR RECIEPT OR PROVISION OF PLAYDATES.
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.
WITHOUT LIMITING ANY OTHER PROVISION IN THIS AGREEMENT, JUNE CARE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO JUNE CARE IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION K ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGIN BETWEEN YOU AND JUNE CARE, AND WILL APPLY EVEN IF THE REMEDIES AVAILABLE HEREUNDER ARE FOUND TO FAIL THEIR ESSENTIAL PURPOSE.
L. Term and Termination.
June Care may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Account and your access to the Site, and/or (ii) remove your Parent Information from the Service. Unless otherwise decided by June Care, such termination, suspension, and/or removal will be effective immediately.
You may terminate your account at any time by sending your request to email@example.com. 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 C, F, G, and H through N survive any termination or expiration of this Agreement.
Upon termination of the Service, you will no longer have access to your Account.
M. Governing Law; Arbitration; Class Action and Jury Waiver
This Agreement is governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under This Agreement and or your use of the Services resides in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in This Agreement is not enforceable, that will not affect any other provision .
At June Care's sole discretion, it may require You to submit any disputes arising from This Agreement or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS JUNE CARE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JUNE CARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. YOU MAY OPT-OUT OF THIS CLASS ACTION AND JURY WAIVER DESCRIBED HEREIN BY EMAILING US AT ADMIN@JUNECARE.CO WITHIN 30 DAYS OF YOUR FIRST USE OF THE SERVICES. 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 THIS SECTION AND FAILURE TO DO SO AS DESCRIBED CONSTITUTES YOUR CONSENT TO THIS WAIVER. IF YOU CHOOSE TO OPT OUT OF THIS SECTION PLEASE NOTE THAT ALL OTHER PROVISIONS IN THIS AGREEMENT WILL REMAIN INTACT AND IN FULL FORCE AND EFFECT.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO TTHIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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 telegraphic or other electronic means (with no bounce back message received), when delivered by overnight courier or five (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 during the Term, you are responsible for updating such information through your account on the Site.
No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. 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.
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.
Each Party hereby acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations hereunder would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
Neither Party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, communications failure or degradation, material changes in law, war, terrorism, riot, or acts of God.
WE MAY MODIFY THIS AGREEMENT AT ANY TIME, SO BE SURE TO CHECK BACK REGULARLY. BY CONTINUING TO LOG INTO OUR SITE OR USE THE SERVICE AFTER THIS AGREEMENT HAS CHANGED, YOU INDICATE YOUR AGREEMENT TO THE REVISED TERMS. IF YOU DO NOT AGREE TO THE CHANGES, YOU SHOULD STOP LOGGING IN TO THE SITE OR USING THE SERVICE.