Terms of service

These terms and conditions (the “Terms”) govern your use the content, solutions, tools, functionality and services provided by Beverly.io and the Beverly app (together, the “Website”) and any other related solutions, applications, functionality, content, native and/or third party systems and software, tools and services offered by or through us (collectively, the “Services”).  

We are Beverly US LLC, a California limited liability company (“we” or “us” or “our” or the “Company”) and we are the operator of the Website and the Services. 

By using the Website, registering with us and/or purchasing Services, or by clicking to accept the Terms when this option is made available to you, you agree to be bound and abide by these Terms (including our privacy policy (located at beverly.io/policies/privacy-policy (the “Privacy Policy”) and those other additional terms and conditions and policies referenced herein and/or available by beverly.io/policies/terms-of-service (each “Additional Terms”), all of which are incorporated into these Terms).  All references to “Terms” herein shall include these Terms, the Privacy Policy and all applicable Additional Terms.  Please read all of the Terms carefully before you use the Website, purchase Services or register as a Provider or Family on the Website and use the Services.  Whether you use the Website or other Services available to without registration or you register as a Provider or Family (each as further defined below) these Terms apply to you and you are referred to in the Terms as a “User” or “you”.  In any such case, the Terms are a binding contract between you and the Company.

THESE TERMS CONTAIN WAIVERS OF CERTAIN OF YOUR RIGHTS AND LIMITATIONS ON OUR AND OUR AFFILIATES’ LIABILITY TO YOU. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website or Services. 

Privacy Policy

All information we collect on this Website and/or via operation of the Services is subject to our Privacy Policy (located at beverly.io/policies/privacy-policy. You agree that all information you provide to us via this Website or the Services (whether online or offline) is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  All references to these Terms shall include and incorporate by reference the Privacy Policy.


Your User Account


If you register as a User, you will create a personalized account (your “Account”) to access the Website and/or other of the Company’s native and/or third-party information technology systems through which the Services are provided and through which you can send and receive messages from the Company.  Your Account will include a unique username and a password. You are responsible for maintaining the security of your Account (including your username and password), and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer (or any computing device) or your Account and you waive, release and discharge us, our affiliates and our and our affiliates’ respective owners, managers, directors, officers, employees, contractors, agents and representatives from any claims related to the use of your Account. 


By registering as a User, you agree that we may contact you by email, telephone or text message (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you, or on your behalf, in connection with your Account and/or your use of the Services.  You also understand that you may opt out of receiving email or text messages from us at any time, either by replying “STOP” or texting the word “STOP” to the number you received the text from using the mobile device that is receiving the messages, or by contacting us at info@beverly.io. Notwithstanding the foregoing, we may also contact you by any of the above means, including by SMS, in case of suspected fraud or unlawful activity by your or on your Account.


TERMS APPLICABLE TO FAMILIES; RELEASE


Scope of Our Services to Families: If you register for the Services as a “Family”, the scope of Services that will be provided to you are those described on the Website or other materials provided to you by Us at the time you agree to purchase any particular set of Services designed for Families.  Different scopes of Services will result in different Fees being charged to you also as set forth on the Website or in other materials provided to you at the time you agree to purchase any particular set of Services.  Unless we have expressly committed in writing to provide a particular scope of Services for a particular fee for a particular duration of time without change, the scope of Services, Fees and duration of Service are subject to change at any time by the Company.  We will use reasonable efforts to inform you a reasonable time in advance of implementing any changes, typically by sharing a written notice with you.  Your continued use of the Services following the effective date of any such change(s), whether or not you receive any notice of such changes, will constitute your acceptance of the applicable change(s).


The Company typically does not arrange or permit any customization of Services or Provider Services based on a given Family’s personal, cultural or professional circumstances.  If the Company offers any customization in the future to you, the Company reserves the right to discontinue it at any time.  If the Company offers a customization to one User, or any group of Users, it shall have no obligation to offer it to you or any other User.


Role of Providers: The Services provided to Families by the Company involve solely supporting, coordination and assistance services with respect to services provided by independent third party service providers (“Providers”) who are separately engaged by Families to directly provide Families with in-home child care services such as nanny services, babysitter services, mother’s helper services, nighttime nannies and sick day nannies (“Provider Services”). The Company does not employ or otherwise engage Providers and is not a provider of child care services.  The Services enable Families to find, request, and arrange for (i) Provider Services from Providers; and (ii) certain supporting, coordination and assistance services, including providing Families the ability to express certain preferences about the Provider Services or Providers, scheduling, administration of certain performance monitoring tools and related customer support. The Services are made available solely for Families’ personal, noncommercial use.  The Company may provide its Services through employees, independent contractors and third party subcontractors (“Assistants”) in the Company’s sole discretion.


YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN PROVIDER SERVICES FROM PROVIDERS IN CONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH THE COMPANY AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES (AS EXPRESSLY DEFINED AND LIMITED HEREIN). PROVIDERS THAT YOU CHOOSE TO ENGAGE ARE INDEPENDENT CONTRACTORS OF YOU AND NOT CONTRACTORS, ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF THE COMPANY IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD, OR OTHER EFFORT UNDERTAKEN BY THE COMPANY TO FACILITATE YOUR RECEIPT OF PROVIDER SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE LAWS OR REGULATIONS OR NOT) IS NOT AN INDICIA OF AN INDEPENDENT CONTRACTOR, EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP BETWEEN THE COMPANY AND ANY PROVIDER. 


Certain Acknowledgements and Disclaimers: One of the Services we provide Families is “matching services”, which include assistance finding and evaluating Providers, including background and reference checking, so that Families can find, evaluate and engage such Providers directly to provide Provider Services to them.  Notwithstanding any matching services we provide, if you are accepting these Terms in the capacity as a Family, you acknowledge and agree that any information provided to you by the Company or any Provider is for informational purposes only.  The Company makes no representation as to its completeness or accuracy or whether it is sufficient for your purposes.  You are solely responsible for conducting your own independent evaluation of all such information provided to you and for conducting any such evaluations, interviews and assessments as you deem appropriate, and making your own final independent decisions about whether to engage any particular Provider(s).  If you become dissatisfied with any Provider you have engaged to provide Provider Services, you may notify the Company via your Account to request additional matching services to assist you in finding a replacement.  While the Company will use reasonable efforts to assist you in finding a replacement, the Company makes no guarantee as to how long it may take or whether a suitable replacement will be found.  It is your sole responsibility to deal with any Provider with respect to any refunds or prorations or other fee adjustments if you terminate a Provider early and additional fees and Charges may apply to compensate the Company for Services rendered in matching you with a replacement Provider.


Additional Services we provide include scheduling and coordination services to manage for Families the schedules of Providers that you have engaged and performance monitoring and measurement services to monitor and measure the quality of Provider Services of Providers you have engaged.  If you are accepting these Terms in the capacity as a Family, you understand and agree that the Company: (A) does not employ, recommend or endorse any Providers and has no control over the acts or omissions of any Providers; (B) is not responsible or liable in any manner for the performance or conduct of any Providers or other third parties online or offline; and (C) makes no representations or warranties about the quality of the Provider Services provided by any Provider to any Family or about your interactions or dealings with other Users (including Providers and/or Families).  The Company does not guarantee the availability (whether timely or at all) of any particular Provider, Provider Service or other Service, including, without limitation, emergency backup childcare.


Communications with Providers:  You agree to communicate with Assistants and Providers only via designated communication channels (except for in-person communications with Providers when they are physically providing Provider Services to your children), which will typically be made available online through your Account. The Company reserves the right to monitor these communications for quality assurance purposes and to ensure compliance with service standards.


Legal Relationship Between Families and Providers: Providers and Families transact solely between themselves, and the Company is not a party to any engagements or employment between Providers and Families. Families and Providers are free to enter into their own separate engagement or employment agreements between them governing the terms of their independent relationship.  The Company cannot give Families or Providers legal advice or other advice as to the advisability or content of such separate agreements. In the event of a conflict in the terms of any such separate agreement and these Terms, these Terms shall control with respect to the Company and your agreement with the Company herein, and the limitations of liability set forth in these Terms shall also apply to claims involving any other User. The arbitration provisions herein shall apply instead of the terms of any separate agreement for all purposes except with respect to claims that are solely between the Users party to such separate agreement (e.g. where the Company is not involved in the dispute).


Insurance:  If you are accepting these Terms in your capacity as a Family, you acknowledge and agree that in order to remain in good standing with your Account registration as a Family with the Company, you are required to obtain and maintain valid liability insurance that covers potential claims that could be made against you by Providers that you engage.


Confidentiality:  Users who are Families may be given access, either by the Company and/or by Providers, to confidential information regarding Providers, including, without limitation, personal information regarding Providers, their experience, backgrounds, biographies, resumes, contact information, references and similar information (collectively, “Provider Confidential Information”).  If you are accepting these Terms in your capacity as a Family, you agree to keep any and all Provider Confidential Information confidential and not disclose it to any third party and to refrain from using the Provider Confidential Information except as necessary to use the Services, in each case, except as otherwise required by law or court order.  Your agreement to keep Provider Confidential Information confidential and not use it other than in connection with the Services will survive your termination of use of the Services indefinitely.  Notwithstanding the foregoing, your obligations of confidentiality shall not prohibit you from reporting any crime to appropriate governmental authorities.


RELEASE: THE COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO PROVIDER SERVICES OR YOUR INTERACTIONS OR DEALINGS WITH PROVIDERS, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF PROVIDERS ONLINE OR OFFLINE. BY USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND THE CONNECTIONS YOU MAKE AND THAT  ALL USE OF THE WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.


TERMS APPLICABLE TO PROVIDERS; RELEASE 


Scope of Our Services to Providers.  You must become a registered User in the capacity as a Provider in order to use the Website and Services as a Provider.  The Services provided to Providers by the Company involve solely support, coordination and assistance services with respect to the Provider Services that you may decide to provide to Families who are registered Users of the Services.  If you are accepting these Terms as a Provider, you acknowledge and agree that the Company does not employ or otherwise engage you to provide Provider Services (or any other services).  The Services (i) enable Providers to find Families who are interested in engaging the Provider directly to provide Provider Services to the Family; and (ii) include certain supporting, coordination and assistance services to support Providers, including payment processing, scheduling, administration and related customer support.  The Company may provide its Services through employees, independent contractors and third party subcontractors (“Assistants”) in the Company’s sole discretion.


Our Legal Relationship with Providers.  You are not our employee, independent contractor or agent.  We do not, and have no right to, direct or control you or the Provider Services you provide to Families. You decide when, where and whether (a) you want to offer Provider Services facilitated by our Services and (b) you want to accept, decline, or terminate a relationship pursuant to which you provide Provider Services to any Family. 


YOUR ABILITY TO SEARCH FOR, AND IF APPLICABLE, ENTER INTO RELATIONSHIPS AND AGREEMENTS WITH FAMILIES TO PROVIDE THEM WITH PROVIDER SERVICES IN CONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH THE COMPANY AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES (AS EXPRESSLY DEFINED AND LIMITED HEREIN). PROVIDERS ARE INDEPENDENT CONTRACTORS OF FAMILIES AND NOT CONTRACTORS, ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF THE COMPANY IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD, OR OTHER EFFORT UNDERTAKEN BY THE COMPANY TO FACILITATE YOUR PROVISION OF PROVIDER SERVICES TO FAMILIES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE LAWS OR REGULATIONS OR NOT) IS NOT AN INDICIA OF AN INDEPENDENT CONTRACTOR, EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP BETWEEN THE COMPANY AND YOU AS A PROVIDER.  THE ONLY RELATIONSHIP BETWEEN YOU AND THE COMPANY IS THAT OF INDEPENDENT CONTRACTORS WITH RESPECT TO THE COMPANY’S PROVISION OF LIMITED SERVICES TO YOU AS DESCRIBED IN THESE TERMS.


Certain Acknowledgements and Disclaimers: One of the Services we provide Providers is “matching services”, which include assistance finding and evaluating Families, including background and reference checking, so that Families can find, evaluate and engage you as a Provider directly to provide Provider Services to them.  Notwithstanding any matching services we provide, if you are accepting these Terms in the capacity as a Provider, you acknowledge and agree that any information provided to you by the Company or any Family is for informational purposes only.  The Company makes no representation as to its completeness or accuracy or whether it is sufficient for your purposes.  You are solely responsible for conducting your own independent evaluation of all such information provided to you (e.g. about Families) and for conducting any such evaluations, interviews and assessments as you deem appropriate, and making your own final independent decisions about whether to engage with any particular Family as a Provider.  If you become dissatisfied with any Family you have engaged with to provide Provider Services, you may notify the Company via your Account to facilitate a reassignment.  While the Company will use reasonable efforts to assist you in finding a replacement Family, the Company makes no guarantee as to how long it may take or whether a suitable replacement will be found. 


Communications with Families:  You agree to communicate with Assistants and Families only via designated communication channels (except for in-person communications with Families who have engaged you when you are physically providing Provider Services to their children), which will typically be made available online through your Account. The Company reserves the right to monitor these communications for quality assurance purposes and to ensure compliance with service standards.


Provider/Family Relationships; Payments Made Solely by Families You Contract With.  Providers and Families transact solely between themselves, and the Company is not a party to any engagements or employment between Providers and Families. Families and Providers are free to enter into their own separate engagement or employment agreements between them governing the terms of their independent relationship.  The Company cannot give Families or Providers legal advice or other advice as to the advisability or content of such separate agreements. In the event of a conflict in the terms of any such separate agreement and these Terms, these Terms shall control with respect to the Company and your agreement with the Company herein, and the limitations of liability set forth in these Terms shall also apply to claims involving any other User. The arbitration provisions herein shall apply instead of the terms of any separate agreement for all purposes except with respect to claims that are solely between the Users party to such separate agreement (e.g. where the Company is not involved in the dispute).


Monitoring and Ratings.  You understand that we will monitor your provision of Provider Services to Families we introduce you to as part of the Services and we will collect feedback about you from Families who interview you and who engage you to provide Provider Services.  You agree that we may use the information we collect about you for any lawful purpose, including that the information we collect may affect your ability to access our Services or provide Provider Services to Families.  We have no obligation to verify feedback or their accuracy and we may post without your approval ratings or reviews of your Provider Services publicly, including on the Website or otherwise via the Services.

Provider Compliance with Laws.  You are responsible for identifying, understanding, and complying with (i) all laws, rules and regulations that apply to your provision of Provider Services (including whether you are permitted to provide Provider Services at all) in the jurisdiction(s) in which you provide Provider Services (your “Region”) and (ii) these Terms (collectively, the “Requirements”). Subject to applicable law, you are responsible for identifying and obtaining any required license (including driver’s license, first aid or CPR certifications, work permits, etc.), permit, or registration required to provide any Provider Service that you provide facilitated by our Services. Notwithstanding anything to the contrary in these Terms, for the avoidance of doubt, your ability to access and use our Services is at all times subject to your compliance with the Requirements. You agree not to access or attempt to access our Services or to provide any Provider Services to any Families via our Services if you are not in compliance with the Requirements.  You represent, warrant and covenant to the Company that (a) you have all the necessary expertise and experience to provide Provider Services in compliance with the Requirements, (b) your access and use of our Services, and provision of Provider Services, in your Region is permitted by the Requirements (including any age requirements), and (c) all such access and use of our Platform will be in compliance with the Requirements. You are responsible for, and bear all costs of, providing all equipment, tools and other materials that you deem necessary or advisable and are solely responsible for any obligations or liabilities arising from the Provider Services you provide. 

Background Checks and other Compliance Monitoring.  During your Account creation and registration, we will collect, and may verify, certain information about you and any equipment (such as a car) that you intend to use in providing Provider Services via the Services.  You will also be required to pass various background, licensing, driving record, credit and other checks both at the time you initially register and from time to time thereafter during the time you remain a User under these Terms.  These checks may be facilitated by third parties.  We have no obligation to verify any information we obtain about you for accuracy or completeness.  You hereby authorize and instruct us to provide copies of such checks and information we collect about your performance to Families, insurance companies, relevant regulators and/or other governmental authorities and other persons as needed for safety or other reasons related to our operation of the Services.  If you use a personal vehicle provided by you in the course of providing Provider Services, you agree that your vehicle will be properly registered, licensed and suitable for the Provider Services that you utilize such vehicle to provide in your Region. Without limiting the foregoing, you represent that at all times during the provision of any Provider Services your vehicle will be in your lawful possession with valid authority to use your vehicle to provide Provider Services in your Region. You agree that your vehicle will be in safe operating condition, consistent with safety and maintenance standards for a vehicle of its type. 

Accidents; Injuries.  For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident involving any bodily or emotional harm (including harassment and including harm to you, any member of a Family or any third party) that occurs during your provision of Provider Services to a Family via the Services and you agree to cooperate with any investigation and attempted resolution of such incident.  Additionally, you agree to notify us within 24 hours if you are arrested for, charged with, or convicted of a criminal offense, so that we can reassess your eligibility to be a Provider as part of the Services.  

Insurance is Your Responsibility.  You understand that the Company does not provide any insurance coverage to you or to cover your provision of Provider Services.  If you wish to be covered by insurance (or if Requirements applicable to you require insurance), it is solely your responsibility to obtain necessary coverage.  You understand that while you are providing Provider Services your personal liability and/or automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for you. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility to resolve them with your insurer.  If you do maintain insurance intended to cover your provision of Provider Services, you agree to provide us with copies of any such policies upon our written request.  You will maintain workers’ compensation insurance if it is required by applicable law.

Confidentiality:  Users who are Providers may be given access, either by the Company and/or by Families, to confidential information regarding Families, including, without limitation, personal information regarding Families, their backgrounds, biographies, contact information, references and similar information (collectively, “Family Confidential Information”).  If you are accepting these Terms in your capacity as a Provider, you agree to keep any and all Family Confidential Information confidential and not disclose it to any third party and to refrain from using the Family Confidential Information except as necessary to use the Services, in each case, except as otherwise required by law or court order.  Your agreement to keep Family Confidential Information confidential and not use it other than in connection with the Services will survive your termination of use of the Services indefinitely.  Notwithstanding the foregoing, your obligations of confidentiality shall not prohibit you from reporting any crime to appropriate governmental authorities.


RELEASE: THE COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR RECEIPT OF SERVICES FROM THE COMPANY, YOUR PROVISION OF PROVIDER SERVICES TO FAMILIES OR YOUR INTERACTIONS OR DEALINGS WITH FAMILIES, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF FAMILIES ONLINE OR OFFLINE. BY USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND THE CONNECTIONS YOU MAKE AND THAT  ALL USE OF THE WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.


ADDITIONAL TERMS APPLICABLE TO ALL USERS


No Agency 


In providing the Website and Services to any User, the Company is acting solely as an independent contractor to such User.  You acknowledge that your use of the Website, 3rd party Systems and/or Services will not and does not give rise to any affiliate relationship between You and the Company and thus you are not legally affiliated with us in any way, and no agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by your use of the Website or any Services. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the Company.  


Third Party Links and Services


We may provide you as part of the Website and/or Services with access to third-party tools over which we neither monitor nor have any control nor input.  Any use by you of the optional tools offered through the Website and/or Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, even if linked through the Website or Services or otherwise made available to you via the Website and/or Services. Complaints, claims, concerns, or questions regarding third-party links, products or services should be directed to the applicable third-party.


Changes to Services; Limitations of Services


We reserve the right at any time to modify or discontinue the Website and/or Service (or any part or content thereof) without notice at any time.  We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website and/or Service.  We reserve the right, but are not obligated, to limit the sales of the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services or Charges are subject to change at anytime without notice, at the sole discretion of us. Any offer for any product or Service made via the Website or Services is void where prohibited.


Fees; Charges, Payments


Prices & Charges to Families.  If you are accepting these Terms in your capacity as a Family, your use of the Services may result in charges to you for the Services you receive from the Company (“Charges”). Prices displayed to you when purchasing Services are not inclusive of the prices charged by the Providers.  Charges will include applicable taxes where required by law. Charges may include other applicable fees such as cancellation fees, change fees, extra travel coordination, secondary location fees, etc. Further, Charges may vary based on the geographical areas where a Family is located.  Unless otherwise expressly stated in writing on a case by case basis to you, Charges for Service packages only include a single location (i.e. one Family home); second homes are not included and must be arranged for separately or as a special add-on Service for an additional fee. If there are other add-on fees associated with any Service the Company will communicate them to you by written notice.


If you are a Family and you decide to engage a Provider, charges you incur for any services provided to you by that Provider will be owed directly to that Provider, and Families are responsible for coordinating, negotiating and sending the payments they owe to Providers directly. The Company will not collect payments from you on the Provider’s behalf. There may be other Provider costs or fees such as driving, tolls, or grocery bills that are separate and also not collected or paid/reimbursed to the Provider by the Company as described in this paragraph.  Any such separate costs and fees must be paid by the applicable Family to the applicable Provider. These separate fees may include but are not limited to: (i) salaries or payments to childcare providers (babysitters, nannies or mother's helpers); and (ii) if you choose to utilize a third-party staffing agency, any fees charged by the agency will be payable by you directly to the applicable agency even when Assistants are coordinating such third party staffing services.


Charges to Other Users.  In addition to Families, other Users of the Website and Services may incur Charges if you sign up for, order or otherwise or request certain Services for which we charge a fee.  If you request a Service that requires you to pay Charges, you will be required to sign up for an Account if you do not already have one.  


Additional Payment Terms.  


Payment Methods.  When you add a payment method to your Account with the Company, you authorize us to collect and store your payment method information. Any payment method added by you will be automatically saved to your Account. If you can add multiple payment methods to your Account, you agree that the Company may charge any of these payment methods for any future transactions or Charges. Your default payment method is identified in your profile page within your Account. If your default payment method is expired, invalid or otherwise not able to be charged, you agree that the Company may charge any other available payment method saved in your Account or previously used by you to make payments to the Company. You can change your default payment method at any time.


If your payment method’s Account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance, expiration or otherwise, we may automatically update your payment method on file, in accordance with applicable law, if we acquire that information from our financial services partners or your bank. We reserve the right to decline, refuse or limit the use of any payment methods that we believe may be unauthorized, fraudulent or illegal or may violate our policies or procedures or otherwise expose the Company to an unacceptable level of risk.


When you pay for any Charges using your bank account as your selected payment method, you authorize us to debit your bank account for the total cost of all Charges, including any applicable taxes and fees. You also authorize us to further debit or credit your bank account to correct any erroneous debits, make adjustments to your payment, or issue a refund back to your bank account. Your bank account must be able to accept debits denominated in USD.


Certain payment methods may involve the use of third-party payment service providers not affiliated with the Company. You may be subject to additional fees imposed by these payment service providers in connection with processing your payment. The Company is not responsible for any of these fees and disclaims all liability for such fees. You should review the payment service provider’s terms of use before using such payment method.


Changes to Charges.  As between you and the Company, the Company reserves the right to establish or adjust Charges for any or all Services and Provider Services obtained through the use of the Services at any time. The Company will use reasonable efforts to inform you of changes to Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such changes to Charges or the amounts thereof.


Refunds.  Charges paid by you are final and non-refundable, unless otherwise determined by the Company. Without limiting the foregoing, all one-time setup fees and pre-paid subscriptions are non-refundable.  There are no pro rations of Charges if you discontinue your use of the Services or any Provider Services.  If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please contact your Company team to initiate such requests within 30 days after the Charge took place or the Company will have no further responsibility and you waive your right to later dispute the amounts charged.


Promotional Offers.  Certain Users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar Services or Provider Services obtained through the use of the Services. Certain Users may be offered bonuses, discounts or other incentives for referring other Users to the Company.  You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers, discounts and referral bonuses and incentives are subject to change or withdrawal at any time and without notice.


Gratuity.  Except for amounts provided by you through the Services as part of the “rewards tokens” feature (if one is made available through your Account), the Company does not designate any portion of your payment as a reward or gratuity to a Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Provider who provides you with Provider Services through the Service, you are under no obligation to do so.


Customer Service Hours.  The Company’s Services, including customer service for questions, troubleshooting, complaints and emergencies, are only available during regular business hours.  Without limiting the foregoing, the Company has no obligation to provide Services outside local business hours, and no obligation to provide Services on weekends and holidays.  The Company reserves the right to change its hours of Operation for the Website and various Services at any time and from time to time.


Eligibility Conditions.  By using the Website and/or Services, you represent and warrant that: 


(A) you are at least eighteen (18) years old (or if you are a Provider and are under 18, you are the age you specify in your registration materials); 


(B) you will at all times comply with all laws, rules and regulations in connection with your use of the Website, 3rd party systems and any Services arranged through these systems, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; 


(C) you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions in these Terms; 

(D) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received: 

(i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; 

(ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or 

(iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and

 (E) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.


It is a condition of your use of the Website and Services that all the information you provide on the Website and via the Services is correct, current and complete. 


By using the Website and/or Services, you understand and agree that the Company may rely on the above representations and warranties as true. You understand and agree that the Company may revise the above eligibility conditions from time to time and require new conditions and certifications and that you will abide by such revised conditions or discontinue using the Website and the Services.  


If the Company becomes aware of or believes that the above conditions are not, or no longer, true and correct, or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your Account is terminated or suspended, you agree to make no further use of the Website and Services after termination or during suspension.


The Company has the right to verify the above eligibility conditions regarding any registered Users, and you hereby authorize us to verify any or all of the above representations and warranties you make or the other information you provide, or conduct any other screenings, verifications or background checks. 


Such verifications may include, without limitation :

  • Local County and/or State Criminal Search

  • National/Federal Criminal Search

  • Motor Vehicle Report

  • SSN Trace

  • Global Watchlist Search

  • Education Verification

  • Sex Offender Search

  • Employment Eligibility Verification

  • Professional Reference Checks 


You consent to any collection, use or disclosure of information by the Company in order to accomplish such verification. You agree the Company may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your Account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Website or any Services after termination or during suspension.


The Company hereby expressly disclaims, and you hereby expressly release the Company and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a User’s representations and warranties regarding the above eligibility conditions; and/or (y) any misstatements or misrepresentations made by any Users.



Prohibited Use and Restrictions


You may use the Website and Services only for lawful purposes and in accordance with these Terms. 


You agree not to use the Website or Services:

  • in any way that violates any applicable federal, state, local or international law or regulation;   

  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content;

  • to attempt to circumvent any Website security or access controls or to interfere with the operation of the Website or Services;

  • defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

  • create user Accounts by automated means or under false or fraudulent pretenses, or impersonate or attempt to impersonate any person; 

  • in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website or Services;

  • attempt to gain unauthorized access to any of the Website, Services, user Accounts, or computer systems or networks of the Company (and its affiliates and subcontractors), through hacking, password mining or any other means;

  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Services; 

  • access, retrieve or index any portion of the Website or Services for purposes of constructing or populating a searchable database;

  • collect or store personal data about other Users in connection with the prohibited activities described in this Section on “Prohibited Use and Restrictions”; or use any means, including software or manual means, to conduct web scraping of any portion of the Website or Services; 

  • remove any copyright, trademark or other proprietary rights notices contained in or on the Website or Services or in or on any content or other material obtained via the Website or the Services;

  • in combination with any device, software or routine that interferes with the proper working of the Website or Services;

  • advertise or offer to sell any goods or services for any commercial purpose (except as expressly permitted by these Terms) on the Website or as a result of your use of the Services; 

  • to introduce to the Website or Services any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or

  • to otherwise attempt to interfere with the proper working of the Website or Services.


User Contributions.  


The Website and Services may include, or contain links to, social media, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards that allow Users to post, submit, publish, display, advise or transmit to other Users or other persons content or materials on or through the Website (“User Contributions“).


All User Contributions must comply with these Terms, including the content standards set out below. Any User Contribution you post to the Website or via our Services will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.


You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;

  • all of your User Contributions do and will comply with these Terms, including the below content standards. 


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Website. 


If you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with, or related to, us or our Website and/or Services, we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.


All User Content must comply with the following content standards and will not: 

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

  • promote any illegal activity, or advocate, promote or assist any unlawful act;

  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

  • be likely to deceive any person or impersonate any person or misrepresent your identity or affiliation with any person or organization.


Monitoring and Enforcement


We have the right to:

  • disclose your contact information to any third-party claiming that your User Contribution violates their rights, such as intellectual property rights or right to privacy;

  • take appropriate legal action, including without limitation, referral to law enforcement, for any suspected illegal or unauthorized use of the Website; 

  • terminate or suspend your access to all or part of the Website and/or Services for any or no reason, including without limitation, any violation of these Terms; 

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;

  • take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms (including the Content Standards set forth above), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;

  • otherwise take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms.


However, enforcement of these Terms is solely at our discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances. In addition, these Terms do not create any private right of action on the part of any User or third party or any reasonable expectation that the Website will not contain any content or conduct that is prohibited by such Terms.



Disclaimer of Warranties


YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 


WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, ANY THIRD-PARTY LINKS ACCESSED THROUGH OR IN CONJUNCTION WITH THE WEBSITE, OR IN CONNECTION WITH ANY ENGAGEMENT ENTERED INTO VIA THE WEBSITE.  


THE COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE WEBSITE OR SERVICES OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ONLINE OR OFFLINE. BY USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND THE CONNECTIONS YOU MAKE AND THAT  ALL USE OF THE WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.


THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, CUSTOM MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IN PARTICULAR, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION WE PROVIDE OR THAT IS PROVIDED THROUGH THE WEBSITE AND/OR SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES ASSOCIATED WITH THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES ASSOCIATED WITH THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THEY WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ASSOCIATED WITH THE WEBSITE AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, REGARDING THE CONDUCT OF ANY USERS (INCLUDING PROVIDERS AND FAMILIES) ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE WEBSITE OR OTHERWISE; OR REGARDING THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED . 


WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, (B) SERVER FAILURE OR DATA LOSS; (C) THE ACTIONS OR INACTIONS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDERS AND/OR SOFTWARE PLATFORMS OR APPLICATIONS THAT WE USE IN THE COURSE OF PROVIDING SERVICES OR MAKING THE WEBSITE AND/OR SERVICES AVAILABLE TO YOU; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE, THE SERVICES OR USERS.



Limitation on Liability


IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, THE SERVICES OR THEIR CONTENTS.  THE COMPANY WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. 


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY (INCLUDING ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS AND DIRECTORS) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE OR THE SERVICES EXCEED THE GREATER OF (A)  $100 OR (B) THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US FOR SERVICES IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


Indemnification


YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY THE COMPANY OR ITS AFFILIATES IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; (B) BREACH OF THESE TERMS; (C) YOUR INTERACTIONS OR DEALINGS OR DISPUTES WITH OR BETWEEN OTHER USERS (INCLUDING YOUR INTERACTIONS WITH PROVIDERS AND/OR FAMILIES, AS APPLICABLE); (D) USE AND/OR MISUSE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE WEBSITE; (E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING INFORMATION PROVIDED TO THE COMPANY BY ANY USER, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE AND ELIGIBILITY CONDITIONS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES AND CONTENT; (I) USER CONTRIBUTIONS AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTRIBUTIONS; (J) CONDUCT IN CONNECTION WITH THE USE OF THE WEBSITE AND SERVICES OR ANY CONNECTIONS MADE THROUGH THE WEBSITE AND/OR SERVICES; AND/OR (K) USE OF ANY SERVICES OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE WEBSITE AND/OR SERVICES. 


Copyright


The Website and all content and other materials on the Website and/or Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of the Company or its licensors or users and are protected by U.S. and international copyright laws.


Entire Agreement; Waiver; Severability


These Terms and any supplemental terms, policies, rules and guidelines posted on the Website, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of any party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition


Assignability


We may assign the contract created between you and the Company created by your acceptance of these Terms at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms to anyone else and any attempt to do so in violation of this section shall be null and void.


Governing Law 


All matters relating to the Website, Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction.


Arbitration.


Please first try to resolve any dispute by contacting us at info@beverly.io. If we can’t resolve our dispute amicably, you and the Company agree to resolve any and all claims exclusively through arbitration in accordance with these Terms regardless of the type of claim or legal theory.


ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY AND/OR ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS WEBSITE OR SERVICES, YOU AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY.  BY YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE SOLELY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY AND/OR ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES.  


The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement.  Arbitration proceedings shall be conducted in a manner that preserves confidentiality.  The arbitrator’s decision shall follow these Terms and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.


Limitation on Time to File Claims


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE AND/OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 


Notice for California Residents

 

For purposes of California Civil Code Section 1789.3, California users are hereby notified that our contact information is as follows:

Mailing Address: 548 Market St #386573 San Francisco, CA 94104

Telephone number: 802-424-0548

Email address for general inquiries: info@beverly.io


Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Website, please contact us at any of the addresses set forth above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.


Minimum Age.


You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Website and Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Website or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are under the age of 13, you may not use the Website or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Website or Services on behalf of such minor child. By using the Website or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Website or Services. Your User Account is void where prohibited by applicable law, and the right to access the Website and Services is revoked in such jurisdictions. By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. 


Location of Services


The Website, 3rd party systems and Services are intended for users resident in the United States; any use outside of the U.S. is at the users own risk and Users are responsible for compliance with any local laws.


Changes to the Terms 


We may revise and update these Terms from time to time in our sole discretion, and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of these Terms on the Website or Services or in connection with the Services.  You can determine when these Terms of Use were last revised by referring to the “Last Modified” legend at the top of these Terms.  Once the updated Terms are in effect, you will be bound by the updated Terms if you continue to use or access the Website. Any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or prior to the effective date of any updated Terms. 

 

Notices


Any notices given to you by the Company may be given by any reasonable means in the Company’s reasonable discretion, including, without limitation, sending an email to your address on file or posting a notice to your Account on the Website (or other of the Company’s native or third party systems).


Any notices you give to the Company under these terms must be in writing and sent to the following address: Beverly US, LLC, 548 Market St #386573 San Francisco, CA 94104-5401.