Welcome to BloomFam. These Terms of Use ("Terms") govern your access to and use of the website http://www.getbloomfam.com/ (the "Site") and other BloomFam services (the "Service" or "Platform"), operated by BloomFam, LLC. ("BloomFam," "we," "us," or "our"). These Terms constitute a binding legal agreement between you and BloomFam.
YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE OR PLEASE DELETE YOUR ACCOUNT.
APPLIES TO ALL USERS
BloomFam provides an online platform that connects individuals, guardians, and families ("Account Holders") seeking childcare services with individuals who provide those services ("Caretaker"). BloomFam is a neutral venue for these connections.
IMPORTANT: BloomFam is not a referral, matching, or placement service. We do not employ, recommend, or endorse any Users. We are not a party to the agreements made between Account Holders and Caretaker.
BloomFam does not endorse or vet any users. This is simply a marketplace to meet local Caretaker in your area. You accept full responsibility to vet them on your own.
We do not control the quality, timing, legality, or any other aspect of the services provided by Caretaker, nor the integrity, responsibility, or actions of any Users.
BloomFam is a platform that connects individuals with childcare providers. We do not provide childcare services directly.
BloomFam:
We strongly encourage all Account Holders to conduct their own comprehensive vetting, including but not limited to, conducting an additional background check other than the one provided on our Platform via Chekr, conducting interviews, and checking references.
To use BloomFam, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Age Requirements:
You agree to notify us immediately of any unauthorized use of your account.
You agree to indemnify, defend, and hold harmless BloomFam, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Provided, however, that you shall have no indemnification obligation for any claims to the extent they are finally determined by a court of competent jurisdiction to have resulted from BloomFam's own gross negligence or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree to use the Platform in accordance with all applicable laws and regulations in your jurisdictions. You will not:
You acknowledge that federal and state laws may require certain individuals to report suspected child abuse or neglect to the appropriate authorities, such as a local child protective services agency or law enforcement.
You agree to familiarize yourself with and comply with any and all mandatory reporting laws applicable to you in your jurisdiction. BloomFam does not provide guidance or legal advice on your specific reporting obligations. If you have a reasonable suspicion of child abuse or neglect arising from your use of the Platform, you agree to immediately report it to the appropriate authorities.
PLEASE READ THIS SECTION CAREFULLY: Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all disputes.
You can find and review the Consumer Arbitration Rules - HERE
You waive your right to a jury trial and to participate in class action lawsuits. This arbitration clause does not apply to disputes that may be brought in small claims court or to BloomFam's right to seek injunctive relief.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Costs
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys' fees and costs, subject to the arbitrator's determination and applicable law.
These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be resolved in the courts of Delaware.
As an Account Holder using BloomFam, you acknowledge and agree that:
BloomFam uses Stripe to process payments. By using BloomFam's payment services, you:
You represent and warrant that all information provided about your children, household, and childcare needs is accurate, complete, and current. You agree to:
Cancellation policies are established between you and the sitter. However, you agree to:
As a Caretaker on BloomFam, you represent and warrant that:
You acknowledge and agree that:
BloomFam uses Stripe to process and disburse payments. You agree that:
As a Caretaker, you acknowledge and agree that:
You acknowledge that BloomFam does not provide any form of insurance coverage (including but not limited to liability, property damage, or accident insurance) for incidents that may occur as a result of the services arranged through the Platform.
Except as may be expressly permitted by applicable law or expressly authorized by the Service, you shall not:
You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. All rights belong to BloomFam.
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.
The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
THE SERVICE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SERVICES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge that BloomFam is a neutral marketplace that connects Account Holders and Caretaker and that we are not a party to, nor do we have any control over, the services you arrange with other users. Therefore, to the fullest extent permitted by law, you agree that:
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE 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 and our Privacy Policy constitute the entire agreement between you and Company with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.