Terms of Use

Welcome to Caribou. Please read on to learn the rules and restrictions that govern your use of our website  and services (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: team@withcaribou.com
Phone: (833) 709-0702
Address: 9015 W Union Hills Dr, Ste 107, Peoria, AZ 85382

These Terms of Use (the “Terms”) are a binding contract between you and CHICKPEA LABS, INC. DBA CARIBOU (“Caribou,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. 

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.withcaribou.com, send you an email, and/or notify you by some other means. 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Caribou takes the privacy of its users very seriously. For the current Caribou Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at team@withcaribou.com. Please note that COPPA applies to the collection of personal information from children, not the collection of personal information from adults about children.

You may be required to sign up for an account, select a password and user name (“Caribou User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Caribou User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. 

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). 

The Services shall be used by the contracting parties for the purposes contemplated by and described in the Terms and not on behalf of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Caretakers must comply with all laws that relate to the Caretaker Services(as defined below)). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your Caribou User ID, account or password with anyone, and you must protect the security of your Caribou User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Caribou User ID and account.

Connecting Caretakers and Parents

Caribou connects parents looking for childcare services (“Parents”) with those providing childcare services (“Caretakers”). When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Parent or Caretaker, while if we use one of those specific terms, it only applies to that category of user. 

Caribou uses reasonable efforts to vet Parents and Caretakers, including calls, ID verification and conducting a background check (“Background Check”) of all Caretakers through a third party service. Background Checks on Parents are available upon request. However, we do not (i) assume any responsibility for the accuracy of the Background Checks, (ii) make any representations or warranties regarding the reliability of such Background Checks, (iii) endorse or certify any Caretaker for any skill, qualification or fitness. 

Before receiving babysitting or childcare services from any Caretaker (“Childcare Services”) or otherwise interacting with a Caretaker, Parents are responsible for exercising caution and making their own determinations that the recommended Caretaker is suitable. Parents and Caretakers are solely responsible for making decisions that are in the best interests of themselves and their children. Caribou is only responsible for connecting Caretakers and Parents, and can’t and won’t be responsible for making sure that Childcare Services are actually provided or are up to a certain standard of quality. Caribou similarly can’t and won’t be responsible for ensuring that information a Parent or Caretaker provides about himself or herself or about their respective children is accurate or up-to-date. We don’t control the actions of any Parent or Caretaker, and we don’t employ, recommend or endorse any Caretakers or Parents. 

Caretakers are independent contractors of Parents and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Caribou. Caribou does not offer the Childcare Services and does not employ individuals to perform the Childcare Services. You hereby acknowledge that Caribou does not supervise, direct, control or monitor the Childcare Services and expressly disclaims any responsibility and liability for the performance of the Childcare Services or the conduct of Caretakers or Parents, whether online or offline, including but not limited to warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code. Caribou has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Caretakers and Parents, whether online or offline, including bodily injury to or death. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF CHILDCARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

Parents and Caretakers must not enter into separate agreements outside of Caribou relating to Childcare Services (“Outside Agreements”). If you do enter into any Outside Agreement we may terminate your Caribou account, and you acknowledge that Caribou is not a party to and isn’t responsible for enforcing any Outside Agreement.

As part of the Services, you may receive communications through the Services, including messages that Caribou sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Caribou to send you information that we think may be of interest to you, which may include Caribou using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Caribou, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Caribou. You agree to indemnify and hold Caribou harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

1. infringes or violates the intellectual property rights or any other rights of anyone else (including Caribou);
2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Caribou;
3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. jeopardizes the security of your Caribou User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. violates the security of any computer network, or cracks any passwords or security encryption codes;
7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
9. copies or stores any significant portion of the Content; or
10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
    

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. 

No Caretaker may collect any information from or relating to Parents (“Parent Information”), whether via the Services, in the course of performing Childcare Services, or otherwise, beyond what is necessary to perform the Childcare Services for the applicable Parent from or about whom such Parent Information was collected. Caretakers also must not use any Parent Information beyond what is necessary to perform the Childcare Services for such applicable Parent. Upon the conclusion of the Childcare Services for a Parent (or otherwise upon the request of such Parent or Caribou), Caretaker is required to take necessary steps to protect Parent information from improper disclosure. Caretakers must collect, use, maintain, and transmit all Parent Information in compliance with all applicable laws.

By accessing and using the Services as a Caretaker, you acknowledge that you will be fully responsible for complying with all applicable laws and regulations in the jurisdiction where the Childcare Services are performed. You certify that you have obtained all necessary business licenses, tax registrations and permits necessary to perform the Childcare Services. You also certify that you certify that you and your children are fully vaccinated. 

As part of the Services, Caribou conducts a Background Check of all Caretakers. If you undergo a Background Check through the Services, you agree to provide complete and accurate information for the Background Check and consent to the collection, use and disclosure of the information from the Background Check for purposes of performing the Childcare Services. We reserve the right to suspend or terminate a Caretaker’s access and use of the Services due to the results of a Background Check or otherwise, however we are in no way responsible in the event that the information in a Background Check is not accurate. You may dispute the results of a Background Check with the third party service that conducted such Background Check. 

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Caribou's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Caribou owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. 

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

Licenses

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant Caribou a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Caribou to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request. 

Finally, you understand and agree that Caribou, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements. 

If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Caribou's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.

Upon receipt of a proper notice of copyright infringement, we reserve the right to:

• remove or disable access to the infringing material;
• notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
• terminate such content provider's access to the Services if he or she is a repeat offender.

3. Procedure to Supply a Counter-Notice to the Designated Agent.

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

• A physical or electronic signature of the content provider;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.  

Please contact Caribou's Designated Agent at the following address:

Chickpea Labs, Inc. dba Caribou
Attn: DMCA Designated Agent
291 La Cienga Blvd, Beverly Hills, CA, 90211

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Caribou. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Caribou is not responsible for such risks. 

Caribou has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Caribou will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

Your interactions with individuals found on or through the Services, including Parents or Caretakers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. Additionally, each of the Parents and Caretakers should make any other investigations that are necessary or appropriate before proceeding with any online or offline transaction with any of these third parties, including any Childcare Services. You agree that Caribou shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including other registered users of Caribou. 

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Caribou is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Caribou, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. If you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

Billing:

We use a third-party payment processor (the “Payment Processor”) to bill Parents through a payment account linked to your account on the Services (your “Billing Account”) for use of the Childcare Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use the Childcare Services, Parents agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Childcare Services in accordance with the applicable payment terms, and Parents authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). Parents agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment Method:

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Current Information Required:

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS IN YOUR STRIPE, INC BILLING ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF CHILDCARE SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR CHILDCARE SERVICES AS SET FORTH ABOVE.

Texting Fees:

‍If you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

YYou’re free to do that at any time by contacting us at  team@withcaribou.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. 

Caribou is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Caribou has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Parent who believes that a Caretaker may be in breach of these Terms is not able to enforce these Terms against that Caretaker.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. 

If you have deleted your account by mistake, contact us immediately at team@withcaribou.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement. 

Childcare arrangements are critically important for both the Parents (Care Seekers) that rely on them to cover childcare needs and the Caregivers (Care Providers) that go to great lengths to offer and provide such services.  It is vital for Parents and Caregivers both to be able to rely on bookings arranged through the Caribou platform to ensure a seamless and safe experience.  Of course, life does sometimes get in the way of even the best laid plans, and cancellations are sometimes necessary.  The terms below describe what happens in the event a Parent or a Caregiver cancels a booking after it is confirmed by these two parties.  

The consequence of a cancellation under the terms below will depend on whether it was the result of “extenuating circumstances”, which are defined below.  This distinction is designed to discourage cancellations by penalizing Parents who cancel bookings without adequate justification, and to promote fairness by having the canceling Parent compensate the affected caregiver. 

Parent (Care Seeker) Cancellations/Changes:

Parenting is hard work, and sometimes things come up that require changes to be made to your childcare plan. On the other hand, when a booking is confirmed, the selected Caregiver commits to provide the childcare services you need, and rightfully expects an equal commitment from you.  Accordingly, unless waived based on verification of one of the “extenuating circumstances'' described further below, cancellations shall be governed by the following terms: 

• Early Change/ Cancellation:  Changes to a confirmed booking, including cancellation, can be made without penalty no less than 24 hours prior to the scheduled start time of the confirmed booking (whichever is earlier).  (For purposes of this provision, the week begins on Sunday at 12:00:00 a.m. and ends Saturday at 11:59:59 p.m. local time)  
• Late Change: When a change or changes are made to a confirmed booking less than 24 hours prior to the start of the confirmed booking, the Parent will either be charged the fee based on the number of hours for the original booking or the fee for the actual hours of the changed booking, whichever is greater.
• Late Cancellation:  Cancellations within 24 hours of the scheduled start time of a confirmed booking will result in the Parent being charged a penalty equal to the impacted Caregiver’s daily rate plus the booking fee per confirmed booking (regardless of scheduled length of booking).
• Refund for Timely Cancellation:  In the event of early cancellation (i.e., 24 hours or more prior to the scheduled start time, the Parent shall be entitled to a full refund minus any fees pre-paid for the booking. 
  

Extenuating Circumstances:‍

No penalty or fee shall be owed for a Parent’s cancellation or modification of a confirmed booking if the cancellation and/or modification is due to “extenuating circumstances” verified by the Parent. 

For a cancellation penalty and/or fee to be waived, the Parent must: (1) use the Caribou platform to notify Caribou and the booked Caregiver as soon as the Parent becomes aware that the booking will need to be canceled or modified due to the extenuating circumstances; and (2) submit documentation and/or other supporting evidence reasonably sufficient for Caribou to confirm the existence of the extenuating circumstance and the need to cancel or modify the booking due to the extenuating circumstance.  

When verified, the following occurrences shall qualify as extenuating circumstances:

• Natural disasters 
• Health emergency for your or your family
• Death in the family
• Home emergencies that make it unsafe for care to take place (water pipe breakage, power outage, etc.)
• If your kid has symptoms that lasts more than 24 hours*:

• High fever
• Consistent cough
• Vomiting/diarrhea
• Heavy nasal discharge
• A known contagious disease such as COVID-19

*Children that have the symptoms listed above should not come in contact with family for at least 24 hours. In order to be safe, please make sure to cancel care until the symptoms are no longer there. 

From time to time Caribou may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please refer to the “Refer us to a friend” section within the web app. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Caribou nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Caribou. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Caribou reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Caribou's discretion for any reason or for no reason whatsoever. If Caribou determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Caribou reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Caribou to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.

Warranty Disclaimer. Caribou and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Caribou and all such parties together, the “Caribou Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Caribou Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services, including any Childcare Services. The Caribou Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CARIBOU (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CARIBOU PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO CARIBOU IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Caribou Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your dealings or disputes with other users of the Services, (d) your misrepresentations or violations of applicable law, (e) personal injury or property damage incurred in performing or receiving the Childcare Services. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Caribou's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Caribou and limits the manner in which you can seek relief from Caribou. Both you and Caribou acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Caribou's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New Castle, Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Caribou will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Caribou will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

(c) Small Claims Court; Infringement. Either you or Caribou may assert claims, if they qualify, in small claims court in New Castle, Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

(d) Waiver of Jury Trial. YOU AND CARIBOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Caribou are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Caribou over whether to vacate or enforce an arbitration award, YOU AND CARIBOU WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Caribou is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. 

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: [ADDRESS] postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Caribou to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Caribou agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New Castle, Delaware, or the federal district in which that county falls. 

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Caribou.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Caribou may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Caribou agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Caribou, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Caribou, and you do not have any authority of any kind to bind Caribou in any respect whatsoever. 

Except as expressly set forth in the section above regarding the arbitration agreement, you and Caribou agree there are no third-party beneficiaries intended under these Terms.