Terms of Service 1

Good Night Moon Terms of Use

Last Updated: February 15,2024

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12.

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the Good Night Moon Agency Website [gnmcare.com] and/or Good Night Moon’s Services and/or the gnmcare.com Services (as defined below). Reference herein to “Good Night Moon’s Services” shall include all Services provided by Good Night Moon, whether through Good Night Moon’s website [gnmcare.com] or otherwise. Certain Good Night Moon Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.

Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Good Night Moon to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 12 “Agreement to Arbitrate”) no later than 30 days after the date you first use the Good Night Moon Site or Services. Unless you opt out: (1) you will only be permitted to pursue claims against Good Night Moon on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
These Terms are subject to change by Good Night Moon at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check Good Night Moon’s Terms of Use for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean [gnmcare.com] and any other websites, web pages, mobile applications and mobile websites operated by Good Night Moon Agency (“Good Night Moon” or “We”) in the United States, and the “Services” shall mean any of the various services that Good Night Moon provides through the Site or any other channels, including without limitation, over the telephone.

However, the terms “Site” and “Services” do not include or involve the following:

Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Good Night Moon which have separate terms of service that do not expressly incorporate these Terms by reference.
Third-party entities such as child care centers, nanny agencies, in-home care agencies and other corporate care providers that may use the Good Night Moon Site or Services to market their services and/or recruit employees.

Description of Services; Limitations; User Responsibilities
Eligibility to Use the Site and Services
Rules for User Conduct and Use of Services
Termination
Privacy
Links to External Sites
Payment and Refund Policy
Release of Liability for Conduct and Disputes
Age Restrictions
Disclaimers; Limitations; Waivers; and Indemnification
Copyright Notices/Complaints
Agreement to Arbitrate
Governing Law and Jurisdiction
Consent to Electronic Communication
Miscellaneous
Severability
Contact Information

Description of Services; Limitations; User Responsibilities

1.1 About Our Services

Good Night Moon offers various Services to help its users find, coordinate, and maintain quality care. The Services we offer include, among others:

We provide a platform for individuals seeking care services (such as individual or shared child care, senior care, special needs,) and corporate care providers seeking to hire individual care providers (such as child centers, in-home care agencies, and senior living facilities) (each “Care Seekers”) to post jobs on the Site, and to search for, narrow, find, and communicate with individuals and entities who provide care services (“Care Providers”), and for Care Providers to post profiles on the Site and browse, search, and apply to jobs. We also provide functionality that allows Care Seekers to search for and message other Care Seekers to help facilitate shared child care services.
We provide tools and information to help Care Seekers and Care Providers make more informed decisions, such as (i) an online training video provided to Care Providers; and (ii) verification dashboards on Care Provider profiles, which enable Care Seekers to check the status of a Care Provider’s various verifications.
We provide a directory of entity Care Providers that operate care-related businesses such as child care centers, family child care centers, nanny agencies, au pairs agencies, in-home care agencies, senior care housing companies and housekeepers from which users may contact or request information.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2 Limitations of our Services

We offer Services to help our users find, coordinate, and maintain care for their families. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself.

We do not employ any Care Providers and are not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider, or other user of the Site or Services. Care Seekers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
Care Seeker and Care Provider content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
We do not refer or recommend Care Seekers or Care Providers nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private or offline interactions. Any screening of a Care Seeker or Care Provider and his, her or its information by Good Night Moon is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider.
We are not an employment agency, and we do not secure or procure employees for any Care Seekers, nor do we secure or procure opportunities for employment for any Care Providers.
We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Care Providers, nor do we require Care Providers to accept or work any jobs or deliver any services at all.
We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or, in the case of child care centers, their state license information. If we indicate that certain information has been verified, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.

Please review carefully the Release of Liability From Third-Party Content and Conduct that appears in Section 8 below for important limitations on Good Night Moon’s liability to which you are agreeing by using the Site and Services.

1.3 User Responsibilities

Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.

Each Care Seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Care Provider they select as well as that Care Provider’s eligibility to work in the US.

2. Eligibility to Use the Site and Services

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

You intend to use the Site and Services solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico.
If you are registering to be a Care Provider, you must be permitted to legally work within the United States or Puerto Rico.
Neither you nor any member of your household may have ever been:

the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:

any felony;
any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or
any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.

registered, or currently required to register, as a sex offender with any government entity.

If you are an individual Care Seeker you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
If you provide child care services in the State of Kansas, you must not be a licensed day care provider or provide your services outside the child’s home.

3. Rules for User Conduct and Use of Services

3.1 Registration, Posting, and Content Restrictions

The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to Good Night Moon or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”):

Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
Unless otherwise permitted by Good Night Moon, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Good Night Moon where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Good Night Moon or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
You understand and agree that Good Night Moon may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Good Night Moon violates these Terms or which Good Night Moon determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
You have the right, and hereby grant, to Good Night Moon, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Good Night Moon will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Good Night Moon and we may use all such communications, all without notice to, consent from, or compensation to you.

As Care Seeker and Care Provider Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Care Providers or Care Seekers on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Good Night Moon harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Good Night Moon, are those of their respective authors. Such authors are solely responsible for such content. Good Night Moon does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Good Night Moon or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.

You agree that Good Night Moon has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.

3.2 Exclusive Use

If you are a Care Seeker, you may use your account only to find care for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian, or children of another Care Seeker with whom you are entering a shared child care arrangement. If you are a Care Provider, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3 Prohibited Uses

By using the Site or Services of Good Night Moon, you agree that you will not under any circumstances:

use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by Good Night Moon;
harass, abuse or harm another person or group, or attempt to do so;
use another user’s Good Night Moon account;
provide false or inaccurate information when registering an account with Good Night Moon, using the Services or communicating with other Registered Users;
attempt to re-register with Good Night Moon if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
interfere or attempt to interfere with the proper functioning of Good Night Moon’s Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
use the communication systems provided by or contacts made on Good Night Moon for any commercial solicitation purposes other than those expressly permitted by Good Night Moon;
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.

Should Good Night Moon find that you violated the terms of this Section or any terms stated herein, Good Night Moon reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Good Night Moon may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Care Provider or Care Seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights Good Night Moon may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, Good Night Moon reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

4. Termination

Good Night Moon reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Good Night Moon Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Good Night Moon, with or without notice for any reason or no reason in its sole discretion, including without limitation if Good Night Moon should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Good Night Moon shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

You understand and agree that, following any termination of any individual’s use of the Site or the Services, Good Night Moon has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

5. Links To External Sites

Links from the Site to external sites (including external sites that are framed by Good Night Moon) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by Good Night Moon of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience. Good Night Moon does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms.

Good Night Moon expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Good Night Moon harmless from any liability that may result from the use of links that may appear on the Site.

6. Payment And Refund Policy

In order to utilize some Good Night Moon Services or product offerings, the user of such Services or product offerings must pay Good Night Moon either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. Notwithstanding the foregoing, for certain Care Seekers who enroll in Good Night Moon and receive access to a paid membership subscription through their employer’s benefits program, the related subscription fee is paid by their employer, and the Care Seeker has no obligation to pay the automatically renewing subscription fee associated with such subscription so long as the subscription remains part of the employer’s benefits program.

6.1 Billing and Payment

If you sign up for a Good Night Moon paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay Good Night Moon all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Good Night Moon, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Good Night Moon reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Good Night Moon to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Good Night Moon already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.

6.2 Automatic Subscription Renewal and Cancellation

ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.

FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.

FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.

You may cancel your paid membership subscription at any time by following the instructions on your account settings page. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.

6.3 Installment Plan Options

From time to time, we may offer products or Services (including but not limited to premium subscriptions) that include an option to pay some or all of the applicable fees in installments. In the case of recurring subscriptions, the installment payment option may apply only to the initial subscription term, and not to any renewal or recurring terms or payments.

By selecting an installment payment option, you agree to pay Good Night Moon all charges associated with the subscription, Service, or product you purchase, as described on the Site at the time you submit your payment information. You also authorize Good Night Moon, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen installment plan.

If you purchase a Service (such as a premium subscription) you agree and understand that, unless otherwise required by applicable law, you are committing to make all of the agreed-upon installment payments, regardless of whether you cancel the purchased Service. If you cancel your subscription prior to completing all installment payments due, then, unless otherwise required by applicable law, the remaining balance of the subscription will remain due and payable pursuant to the installment payment schedule you agreed to.

If Good Night Moon is not able to charge any payment to your chosen payment method, we reserve the right to pursue any remedy that may be available to us, including the right to suspend or terminate your premium subscription and/or your Good Night Moon account. You agree that Good Night Moon and its Affiliates have no liability related to the exercise of these remedies.

Notwithstanding the foregoing, nothing in this Section is intended to limit or alter Good Night Moon’s right to terminate your account at any time pursuant to Section 5 above.

6.4 Free Trial Offers

Good Night Moon may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Good Night Moon Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by Good Night Moon at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the Care Seeker or Care Provider must downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Care Seeker or Care Provider’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.

6.5 Refund Policy

Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.

7. Release of Liability for Conduct and Disputes

By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Good Night Moon (and Good Night Moon’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in Good Night Moon through their employer’s benefits program, (“Affiliates”)) harmless from any claim or controversy that may arise out of:

the actions or inactions of, or the relationship between, you and any Care Seeker, Care Provider or other user(s) of the Site; and
any information, instruction, advice or services created by any Care Seeker, Care Provider, or other third party that appeared on, or was communicated through, the Site

Good Night Moon and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.

8. Age Restrictions

Good Night Moon is intended for people 18 or over. Good Night Moon will not knowingly collect any information from individuals under 18. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

9. Disclaimers; Limitations; Waivers; Indemnification

9.1 No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Good Night Moon, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GOOD NIGHT MOON DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GOOD NIGHT MOON; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOD NIGHT MOON EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, GOOD NIGHT MOON MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.

WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, GOOD NIGHT MOON OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL GOOD NGITH MOON OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

9.2 Assumption of Risk

While Good Night Moon takes certain steps to help promote the safety of our Site and Services, finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Care Seekers or Care Providers, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps Good Night Moon may take to vet or screen Care Providers or Care Seekers and/or their Content, or otherwise to promote the safety of the Site and Services.

9.3 Limitation of Liability

Incidental Damages and Aggregate Liability. In no event will Good Night Moon be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Good Night Moon, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL GOOD NIGHT MOON’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID GOOD NIGHT MOON FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.

No Liability for non-Good Night Moon Actions. IN NO EVENT WILL GOOD NIGHT MOON BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Good Night Moon makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

9.4 Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Good Night Moon and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Good Night Moon and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Care Seeker or Care Provider using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Good Night Moon and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Good Night Moon. Users further agree to hold harmless Good Night Moon and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

10. Copyright Notices/Complaints

It is Good Night Moon’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Good Night Moon (at the contact information below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Good Night Moon’s contact information is as follows:

Devori Diena

Good Night Moon

131 Brill Street

Lakewood, NJ 08701

7326910072

devori@goodnightmoonagency.com

In an effort to protect the rights of copyright owners, Good Night Moon maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.

11. Agreement to Arbitrate

11.1 Agreement to Arbitrate

This Section 12 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 12.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Good Night Moon or a Good Night Moon Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

11.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND GOOD NIGHT MOON AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND GOOD NIGHT MOON EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST GOOD NIGHT MOON AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GOOD NIGHT MOON USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

11.3 Pre-Arbitration Dispute Resolution

Good Night Moon is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at Good Night Moon, Attn: Devori Diena, 131 Brill Street, Lakewood, NJ 08701.

11.4 Arbitration Procedures

If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 10. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

To commence an arbitration against Good Night Moon, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at NY Times Building, 620 8th Ave., 34th Floor, New York, NY 10018, and send one copy to Good Night Moon, Attn: Devori Diena, 131 Brill Street, Lakewood, NJ 08701. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Good Night Moon may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Good Night Moon subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Good Night Moon, unless the arbitrator requires otherwise.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Good Night Moon users, but is bound by rulings in prior arbitrations involving the same Good Night Moon user to the extent required by applicable law.

11.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Good Night Moon will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Good Night Moon will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Good Night Moon for all fees associated with the arbitration paid by Good Night Moon on your behalf that you otherwise would be obligated to pay under the JAMS rules.

11.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

11.7 Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Good Night Moon users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current Good Night Moon user and previously accepted the Good Night Moon Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than February 15, 2024. You must mail the Opt-Out Notice to Good Night Moon, Attn: Devori Diena,131 Brill Street, Lakewood, NJ 08701. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Good Night Moon account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Good Night Moon will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Good Night Moon users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Good Night Moon will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.

11.8 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Good Night Moon prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Good Night Moon prior to the effective date of removal.

12. Governing Law and Jurisdiction

These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of New Jersey , including New Jersey’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 12, the Arbitration Agreement.

Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Good Night Moon must be resolved exclusively by a state or federal court located in the State of New Jersey.

You and Good Night Moon agree to submit to the personal jurisdiction of the courts located within the State of New Jersey for the purpose of litigating all such claims or disputes.

13. Consent to Electronic Communication

By using the Site or Services of Good Night Moon, you agree to allow Good Night Moon to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports and Preliminary Membership Screens) from Good Night Moon via the Good Night Moon Site, mobile application, online messaging platform, or e-mail. You also agree to check your Good Night Moon account, alerts, and messages, and the e-mail account reflected on your Good Night Moon on a reasonably regular basis to stay apprised of important notices and information about your account.

14. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself 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 other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

15. Severability

If a court decides that any term or provision of these Terms other than Section 12.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 12.2 are invalid or unenforceable, then the entirety of Section 12 shall be null and void. The remainder of the Terms will continue to apply.

16. Contact Information

If you have any questions or need further information as to the Site or Services provided by Good Night Moon, or need to notify Good Night Moon as to any matters relating to the Site or Services please contact Good Night Moon at:

Devori Diena

Good Night Moon

131 Brill Street
Lakewood, NJ 08701