ACCEPTANCE OF TERMS OF AGREEMENT
This agreement contains all of the terms and conditions between Personally Paired LLC and
those seeking services (“Parents”) and those seeking to provide services (“Care Providers”).
This agreement governs the use of all services offered by Personally Paired LLC both online and offline.
Collectively, the Parents and Care Providers are referred as “Users.” Please read this agreement before
using any services provided by Personally Paired LLC. By using Personally Paired LLC both online and
offline, all Users do hereby represent, warrant, understand, agree to, and accept all Terms and
Conditions and the Privacy Statement contained herein. Do not use this site or any of Personally
Paired LLC’s services if you do not agree to these terms. Personally Paired LLC reserves the right,
at any time, to update or revise these terms. Continued use of Personally Paired LLC’s services following
the posting of any changes to these terms constitutes acceptance of those changes.
GENERAL SERVICE TERMS
Personally Paired LLC is solely a communications venue for enabling the connection between
individuals seeking services ("Parents") and individuals seeking to provide services ("Care Providers").
Personally Paired LLC is not an employment service and does not employ the Care Providers, Parents or any
User of this site. Personally Paired LLC disclaims any liability that may arise between Users of its offline
and online services, and all Users agree to proceed directly against the User that they have a dispute with
and not Personally Paired LLC. Users do hereby represent, understand and agree that Personally Paired LLC
does not have control over and makes no representations regarding the quality, timing, legality, or any other
aspect whatsoever of the services actually delivered by the Care Providers, nor of the integrity, responsibility
or any of the actions of the Parents. All Users expressly disclaim any reliance on Personally Paired LLC for a
determination of the above. All Users do hereby agree not to proceed against or hold Personally Paired LLC liable
for any instruction, advice, act, omission, or services delivered by Personally Paired LLC. Personally Paired LLC
expressly disclaims any liability for any and all damages including incidental and consequential.
Personally Paired LLC invites Care Providers to use the services offline and online based on their eligibility set
forth by the Five-Step Requirement process. This process is set forth as follows: a) Must be 18 years of age or
older and be legally authorized to work within the jurisdiction of the United States b) Must have at least 1 year
of childcare experience within the past 5 years c) Must provide at least 2 references (one of these must
include a childcare reference d) Must be willing to agree to a background check if requested by a Parent e) Must fill out an application or resume and have an interview with a Community Manager.
Personally Paired LLC makes all Care Provider invitation decisions solely on requirements met without discriminating
on the basis of race, color, creed, religion, sex, physical disability, mental disability, age (must be over 18),
marital status, sexual orientation, citizenship status (must be legally authorized to work within the jurisdiction
of the United States), national or ethnic origin, and any other protected status. Personally Paired LLC is not
responsible for any claims relating to any inaccurate, untimely, or incomplete information provided, and Users
expressly agree to proceed against the User originating any inaccurate information for any and all damages, and
not to seek any of the same from Personally Paired LLC. Personally Paired LLC reserves the right to change or
modify the Care Provider requirements at any time.
USER TRANSACTIONS
Parents may seek the services of a Care Provider and Care Providers may submit information about their services
to be printed in The Personally Paired Portfolio to find a position. Parents and Care Providers must deal
directly with each other to resolve any disputes. Parents and Care Providers agree not to proceed against
Personally Paired LLC for any dispute arising between or among them, and expressly agree and recognize that
Personally Paired LLC disclaims any liability whatsoever for any claims and controversies that may arise for
any disputes between any Users. Personally Paired LLC does not take part in the interaction between Parents
and Care Providers except to collect payments from Parents through PayPal for event registration through the site.
Personally Paired LLC does not have control over the quality, timing or legality of services actually delivered by
its Care Providers or Parents who meet as a result of any of Personally Paired LLC’s services. Personally Paired
LLC makes no representations about the suitability, reliability, timeliness, and accuracy of services arranged by
Users through Personally Paired LLC. Users expressly agree that they are not relying on any information provided
by Personally Paired LLC beyond the information provided in the Personally Paired Portfolio to make service arrangement.
INFORMATION PROVIDED
Users are responsible for providing accurate information including but not limited to the Five Step Caregiver Requirements
provided to Personally Paired LLC. Personally Paired LLC is not responsible for any claims relating to any inaccurate,
untimely, or incomplete information provided, and Users expressly agree to proceed against the User originating any
inaccurate information for any and all damages, and not to seek any of the same from Personally Paired LLC. Users agree
to indemnify Personally Paired LLC for any fees, costs, and damages Personally Paired incurs as the result of that User
providing inaccurate information. Users agree that they are the owner or have the right to provide any information or
materials that they post or transmit to Personally Paired LLC including but not limited to third party references, contact
information, ages of children and recent photos. Users hereby grant Personally Paired LLC an irrevocable, royalty-free,
non-exclusive worldwide license to use, copy, display, modify, edit for clarity and length and distribute any information or materials they provide
unless otherwise noted in the Privacy Statement. Personally Paired LLC is not responsible for any claims relating to any inaccurate,
untimely, or incomplete information resulting from the use, copying, displaying, modifying or editing of information provided by the Users.
Users represent and warrant to Personally Paired LLC that information provided: not be misleading, false or inaccurate;
not violate any law, statute, ordinance or regulation; not infringe on a third party’s copyright, patent or trademark;
shall not contain any viruses or other computer programming items that are harmful; be deemed appropriate and not unlawfully
harassing, threatening or defamatory. Users agree to indemnify Personally Paired LLC for any fees, costs, and damages
Personally Paired incurs as the result of that User’s breach of any of the above representations, obligations, or warranties,
including without limitation a User’s provision of inaccurate information, or other materials that violate a User’s obligations
under this section.
FAIR CREDIT REPORTING ACT AND BACKGROUND CHECKS
Though Personally Paired LLC does require Care Providers to agree to a background check if requested by a Parent, Users
understand that neither Parents nor Care Providers have undergone background checks performed or reviewed by Personally
Paired LLC. The Users are responsible to request, review, and perform background checks if they deem them desirable or
necessary. Users agree not to seek any remedies or damages against Personally Paired LLC arising out of information
provided (or omitted) from a background check, arising out of a failure to request, review, or perform a background check.
If a User decides to use or access information provided by a third-party verification service (“Verification Service”)
referred by Personally Paired LLC, the User must agree to comply with the Fair Credit Reporting Act (”FCRA”). Personally
Paired LLC does not participate in, nor has control of, the use of the information returned from a Verification Service,
and makes no representations or warranties as to the accuracy, quality, completeness or any other facet of the background
check provided by said Verification Service. Personally Paired LLC does not assume and expressly disclaims any liability
that may result from the use of information provided by a Verification Service, and Users agree not to proceed against
Personally Paired LLC for any remedies, costs, or damages alleged to have been suffered in connection with the provision
of such information.
BILLING AND PAYMENT POLICY
Parents are obligated to pay a registration fee for the Event tickets or any other services produced by Personally Paired
LLC on the site, unless specifically notified otherwise. One parent ticket admits two people only to an event and is limited to said Parent and spouse/significant other or one nannyshare partner looking to fill the same position. Children are not permitted to attend events unless otherwise noted.
Personally Paired LLC will not accept payment at the Event location. Personally Paired LLC accepts payments for custom searches through PayPal and or/personal checks made payable to Personally Paired LLC. Personally Paired LLC has the right to change the payment
structure or rates at any time. Custom search fees are a one-time fee made payable prior to the start of a search.
Parents who are not registered online through Personally Paired LLC, Care Providers who are not invited by Personally Paired
LLC and User substitutes are not permitted to attend an Event. If Personally Paired LLC finds that a User is in violation
of the provisions set forth herein, the User shall not be entitled to any refund. Personally Paired LLC has the right to
terminate a User’s use of its services at any time with or without cause.
While Personally Paired LLC will use its best efforts to ensure the privacy of all credit cards and all other personal information,
it disclaims any liability for any damage that may result should any information be released to any third parties. User does hereby
agree to hold Personally Paired LLC harmless for any damages that may result, and agree not to proceed against Personally Paired LLC
for any damages or costs incurred as the result of the release of such information. Personally Paired LLC uses PayPal, a third party
service to process credit card payments. Payment details are collected on an SSL secured server hosted by Paypal. Personally Paired
LLC makes no representations or warranties with respect to PayPal’s payment processing, and Users agree not to hold Personally Paired
LLC liable for any damages resulting from said payment processing. Please refer to PayPal’s privacy policy on their website.
CANCELLATION, GUARANTEE AND REFUND POLICIES
For events, written cancellation requests from Parents received 72 hours or more before the event will be subject to a 30% processing fee. Parents who fail to attend without notifying Personally Paired LLC will incur a 75% processing fee. The account will be credited via PayPal. Care Providers who can no longer attend an event must notify Personally Paired LLC at least 7 days before the event date. Care Providers who fail to attend without notification will not be eligible to attend another event. Personally Paired LLC will process refunds or credits for errors, or other extenuating circumstance. Personally Paired LLC has the right to cancel an event or custom search at any time, and Users agree not to hold Personally Paired LLC liable for any alleged costs or damages incurred as a result of such cancellations. The cancellation policies are subject to change at any time.
The Parent's one time custom search fee covers the placement of a caregiver in their household. In the unforeseen event that their hired caregiver doesn't work out within the first three months of the designated start date for the Charlotte area or within the first six months of the designated start date for Boston and San Diego areas, Personally Paired LLC will provide the Parent with one replacement at no additional cost until a new caregiver is hired. After the three month period for Charlotte clients and the six month period for Boston and San Diego clients, should the Parent want to continue with Personally Paired LLC's services, the Parent is subject to be charged for another search with a 15% off customer discount. If a Parent decides to cancel a custom search for for any reason prior to receiving any application sheets then the Parent is entitled to a full reimbursement. If after receiving any amount of application sheets a Parent decides to cancel a search for any reason (other than a Temp Day Rate search), the Parent is entitled to 80% reimbursement and Personally Paired LLC will retain 20% of that one-time custom search fee for labor costs. If Parent hires a Care Provider after cancelling the search, Parent is responsible for full fee. For Temp Day Rate searches, Parent is responsible for reporting and paying the day rate to Personally Paired LLC for every calendar day worked by the Care Provider.
Personally Paired LLC has the right to terminate a User’s use of its services at any time with or without cause. If such termination is for cause, including a violation of any of the provisions set forth herein, that User shall not be entitled to any refund. All decisions on cause will be the sole discretion of Personally Paired LLC.
USE OF CONTENT
The contents of the Site, including, but not limited to, text, graphics, sounds, images and other material are owned by
Personally Paired LLC and third party service providers and are protected by United States and foreign intellectual property laws.
Unauthorized use of the material may violate copyright, trademark and other laws.
You may not copy or adapt the HTML or other code that Personally Paired LLC uses to generate its pages. This code is also
protected by Personally Paired LLC copyright and other intellectual property rights.
THIRD PARTIES
Personally Paired LLC may work with third parties on and offline some of which may include Partner companies,
advertisers or events. These third parties may contain information deemed offensive or inappropriate and
are not under the control or endorsement of Personally Paired LLC. Personally Paired LLC makes no representations
or warranties about, and is not responsible for the accuracy, copyright compliance, legality, decency, or any other
aspect of the content of such sites or companies. All Users hereby agree not to hold Personally Paired LLC, its agents,
employees, or third parties liable with respect to such sites and activity, and agree to proceed directly against
said site or company for any and all costs or damages resulting or arising from the User’s use of that site.
Personally Paired LLC holds events at various third party locations and conducts business with third party food and beverage
vendors. Personally Paired LLC is not liable for any damages arising out of or caused by the persons who own, maintain, or
inhabit these premises. Users agree to proceed against said companies, and not Personally Paired LLC, for any and all costs,
remedies, or damages arising out of the use of these locations or vendors.
LINKING TO PERSONALLYPAIRED.COM
Those who wish to link to PersonallyPaired.com must comply with the following rules. The link: must be to the homepage;
should not imply that Personally Paired LLC is endorsing a site, product or service; should not use the logo, graphics,
or text without permission from Personally Paired LLC; should not contain content that could be deemed offensive or inappropriate.
NON- SOLICITATION POLICY
Personally Paired LLC may be used to connect Users for the purpose of receiving or providing services. Personally Paired
LLC may not be used by any person or company to recruit, solicit, advertise, or contract for employment. Personally Paired
LLC reserves the right to terminate a person’s usage of the service and site at any time and take legal action should there
be a violation to this provision.
WARRANTIES
Users agree that they are using this site at their own risk. Personally Paired LLC, its service providers or
licensors do not warrant that access to this site will be uninterrupted and error-free, free from trojan horses,
viruses or any other harmful components. Personally Paired LLC is not responsible for costs should the use of the
Site result in replacement of equipment, data or any damages. The Site is provided without any warranties.
Personally Paired LLC disclaims any warranties for services or goods provided through or advertised online and
offline as well as any advice or information received. Personally Paired LLC is not responsible for the conduct
of any User (both online and offline). Personally Paired LLC takes all reasonable measures to ensure that the
information provided by the Users is disclosed only to those persons specified in these Terms but cannot guarantee
that the information (including but not limited to the Personally Paired Portfolio) will not be intercepted, deleted,
destroyed or used by others. Users agree not to hold Personally Paired LLC liable for any loss, damage or injury
of any sort incurred as a result of the use of or inability to use the services of Personally Paired LLC online and offline.
PRIVACY STATEMENT
Please refer to the Privacy Statement on the Site. This statement is included in the Terms and Conditions contained herein.
LAWS OF MASSACHUSETTS
These Terms and the Users’ relationship with Personally Paired LLC shall be governed by and construed in accordance with
the laws of the State of Massachusetts, excluding its conflicts of law rules. Users agree that state and federal courts
in the Commonwealth of Massachusetts will be the exclusive forum for any claim or action arising out of or relating to
these Terms, use of this site, or their relationship with Personally Paired LLC. All such claims shall be filed only in
the state or federal courts located in Middlesex County in the Commonwealth of Massachusetts. Users also agree to submit
to the exercise of personal jurisdiction of any state or federal court in the Commonwealth of Massachusetts for the purpose
of litigating any such claim or action.
SEVERABILITY
Should any provision or clause of these Terms be determined to be invalid or in violation of any applicable laws,
that provision or clause shall be considered severed from the rest of these Terms, which will remain in full force and effect.
MERGER, MODIFICATIONS AND NONWAIVER
The above Terms constitute the complete agreement between Users and Personally Paired LLC regarding the use of services
provided by Personally Paired LLC. Neither the Users nor Personally Paired LLC may alter or modify these Terms orally,
nor will non-written communications between Personally Paired LLC and any User constitute an alteration or modification of
these Terms.
Please contact info@personallypaired.com with any questions regarding the Terms and Conditions contained herein.