Terms of service.
Terms and Conditions for Eczema Group Hug
Terms and Conditions
Effective Date: May 21, 2026
1. INTRODUCTION.
This Terms of Service is a contract entered into by and between You (“you”, “your”) and Eczema Group Hug LLC (“Eczema Group Hug,” “we,” or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Notice, the “Terms of Service” or “Terms”) govern your access to and use of https://www.eczemagrouphug.com (“Website”), the User Portal available through the Website (“User Portal”), and any software, application, content, functionality, and services (collectively with the Website and User Portal, the “Services”) offered by Eczema Group Hug, whether as a guest or registered user (“User”).
Please read the Terms of Service carefully before you start to use or access our Services. By using our Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms of Service, you must not access or use our Services.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT AS SPECIFIED BELOW IN SECTION 25, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.
2. IMPORTANT DEFINITIONS.
The following definitions will help you to better understand how these Terms govern your use of the Services:
· “Client(s)”: Individuals and/or parents or guardians of individuals under the age of 13 using the Services to seek out suitable Caregiver services.
· “Caregiver”: An individual who provides babysitting, nanny and/or childcare support (“Childcare Support”).
· “User(s)”: Any individual Client or Caregiver who uses the Services to create a User Account, access and use features within the User Portal, or to otherwise facilitate the caregiver and care seeker relationship.
· “User Portal”: The platform provided via the Services that allows Clients and Caregivers to create a User Account, manage their User profile, and to otherwise facilitate a connection between a Caregiver and Client.
· “User Portal Features”: Features of the User Portal that facilitate the Client and Caregiver matching process. For example, Clients may be able to search for and view Caregiver profiles, and Caregivers may have access to specialized training materials.
· “User Account”: By creating a User Account, registered users will be able to access the full array of features found on our platform, and within the User Portal.
· “User Content”: Some registered users, such as Caregivers, will have the ability to upload information about themselves and the Caregiver services they provide. This may include their name, age, photo, qualifications, and past Caregiver experience. This User Content may be viewable by Clients and other Users. For more information, please see the User Content section of these Terms.
· “Third-Party Content”: The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other Users.
3. HEALTH DISCLAIMER.
The information contained within or accessed through the Services is for informational purposes only.
Your use of the Services is at your own risk, and you should consult a qualified healthcare provider before using the Services. Eczema Group Hug is not a healthcare provider and the Services, and any information contained herein, do not constitute medical advice.
By accessing or using the Services, you agree and acknowledge that:
· you take full responsibility for your and your family’s health, life and well-being.
· your use of the Services does not constitute or create a doctor-patient or other healthcare professional relationship between you and Eczema Group Hug. Eczema Group Hug shall not be responsible, under any theory of liability or indemnity, for your use of or reliance on the Services.
4. NO MEDICAL SERVICES.
Caregivers are not licensed healthcare professionals unless explicitly disclosed, and Eczema Group Hug does not verify or vouch for any Caregiver’s qualifications to provide medical care. Our Services are not intended to facilitate, recommend, or deliver medical or clinical services.
5. AGE RESTRICTIONS.
The Services are intended for users 13 and older. By accessing or using the Services, you represent and warrant that you are at least thirteen (13) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms.
6. CHANGES TO TERMS OF SERVICE.
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Eczema Group Hug may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Services. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Website or Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.
7. ABOUT ECZEMA GROUP HUG SERVICES.
Our Services provide a platform that enables Clients to find, communicate with, and purchase Childcare Support from Caregivers, and allows Caregivers to promote and offer their services online. Caregivers may post their profiles on the Website advertising their services. Clients may search for, narrow, find, and communicate with Caregivers through our Website.
8. USER CONTENT.
The Services may contain interactive functionalities, such as in Client and Caregiver profiles in which Users may post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Website.
Please ensure your conduct and communications, including your User Content, is accurate and respectful of others. User Content may be visible to all users on Eczema Group Hug. By providing any User Content on Eczema Group Hug, you grant us and our affiliates, service providers, licensees, successors, and assigns an irrevocable, non-exclusive, royalty free, fully paid-up, perpetual, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that Eczema Group Hug can prevent the use of your User Content outside of the Service, you authorize Eczema Group Hug to act on your behalf with respect to infringing uses of your User Content taken from the Service by other users or third parties. By submitting User Content, you agree that Eczema Group Hug may use and share such feedback for any purpose without compensating you. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones.
You agree that by submitting or uploading User Content to the Services, your User Content does not:
· Violate any fiduciary duty, duty of confidentiality, or contractual obligation.
· Contain or consist of unlawful, threatening, harassing, abusive, tortious, defamatory, libelous, abusive, obscene, pornographic, harmful to minors, invasive, offensive, hateful, or malicious material.
· Contain false statements or misrepresentations that could damage Eczema Group Hug or any third party.
· Contain hate propaganda or promotes discrimination or violence against any identifiable individuals or group of persons.
· Promote, or provide instructional information about, illegal activities.
· Infringe on any patent, trade secrets, privacy, copyright, trademark, service mark, or other proprietary information.
· Contain the personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, Social Security Numbers, personal health information and credit card numbers.
· Contain information you know or should reasonably know to be false or misleading.
To ensure a safe and healthy environment, we have the right to:
· Remove or refuse to post any User Content for any or no reason in our sole discretion.
· Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
· Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, for any violation of these Terms.
· Publish or modify User profiles or product listings to ensure compliance with our Terms of Service, quality control purposes, and to improve user experience.
All User Content must comply with the provisions in this Terms of Service. Any User Content you post to the Website will not in any way be considered an endorsement or promotion on behalf of Eczema Group Hug. User Content will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material with your consent or as otherwise pursuant to this Terms of Service.
Please let us know of any violations of these Terms by contacting us at: support@eczemagrouphug.com
9. RELATIONSHIP WITH ECZEMA GROUP HUG
Eczema Group Hug merely makes the Website and Services available to enable Clients and Caregivers to find and transact directly with each other. Through the Website and Services, Caregivers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Caregivers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Childcare Support, Caregiver or Client on their own. If Users decide to enter into a business relationship (“Client-Caregiver Relationship”), the Client-Caregiver Relationship is directly between the Users and Eczema Group Hug is not a party to that relationship. See Section 8 of this Terms (User Responsibilities) for more information.
You acknowledge, agree, and understand that Eczema Group Hug is not a party to the relationship or any dealings between Client and Caregiver. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content and Client-Caregiver Relationship, (b) determining the suitability of other Users for Client-Caregiver Relationship (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of a Client-Caregiver Relationship, (d) performing Childcare Support, or (e) paying for a Client-Caregiver Relationship or Childcare Support.
You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Client-Caregiver Relationship with another User and for verifying any information about another User. Eczema Group Hug does not make any representations about or guarantee the truth or accuracy of any Caregiver’s or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Caregivers or Clients. You acknowledge, agree, and understand that Eczema Group Hug does not, in any way, supervise, direct, control, or evaluate Caregivers or their work and is not responsible for any Childcare Support, Childcare Support payment or terms. Eczema Group Hug makes no representations about and does not guarantee, and you agree not to hold Eczema Group Hug responsible for, the quality, safety, or legality of Caregiver or Child Support offered by any Caregiver; the qualifications, background, or identities of Users; the ability of Caregivers to deliver Childcare Support; the ability of Clients to pay for Childcare Support; User Content, statements or posts made by Users; or the ability or willingness of a Client or Caregiver to actually complete a transaction. You also acknowledge, agree, and understand that Caregivers are solely responsible for determining, and have the sole right to determine, which Client requests to accept; the time, place, manner, and means of providing any Childcare Support; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Eczema Group Hug, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Eczema Group Hug will not have any liability or obligations under or related to Childcare Support and/or Caregiver services or communications for any acts or omissions by you or other Users; (iii) Eczema Group Hug does not, in any way, supervise, direct, or control any Caregiver or Childcare Support; does not impose quality standards or a deadline for completion of any Caregiver; and does not dictate the performance, methods or process Caregiver uses to perform services; (iv) Caregiver is free to determine when and if to perform Childcare Support, including the days worked and time periods of work, and Eczema Group Hug does not set or have any control over Caregiver’s pricing, work hours, work schedules, or work location, nor is Eczema Group Hug involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Caregiver for Childcare Support; (v) Caregiver will be paid at such times and amounts as agreed with a Client in a given Client-Caregiver Relationship, and Eczema Group Hug does not, in any way, provide or guarantee Caregiver a regular salary or any minimum, regular payment; Eczema Group Hug does not provide Caregivers with training or any equipment, labor, tools, or materials related to any Client-Caregiver Relationship; and (vii) Eczema Group Hug does not provide the premises at which Caregivers will perform the work. If a Caregiver uses subcontractors or employees, Caregiver further agrees and acknowledges that this paragraph applies to Eczema Group Hug’s relationship, if any, with Caregiver’s subcontractors and employees as well and Caregiver is solely responsible for Caregiver’s subcontractors and employees.
To the fullest extent permitted by law, Users release Eczema Group Hug from any liability arising from injuries, medical conditions, adverse reactions, or other harms that occur during or in connection with the provision of Childcare Support. Eczema Group Hug does not provide or maintain insurance for Users. Clients and Caregivers are solely responsible for determining whether they require insurance coverage and for obtaining any such coverage independently.
10. BACKGROUND CHECKS. In order to promote the safety and integrity of the Services, upon request from a Client, Caregivers may authorize Eczema Group Hug to utilize third party verification service providers and sources to check Caregivers’ information on an ongoing basis against a variety of sources, which may include, but are not limited to, Motor Vehicles Records, Nationwide Criminal Database, Department of Justice (DOJ) National Sex Offender Registry, County Criminal Records, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data to assist us in verifying the information Caregivers provide us (such as name, address, email address, etc.) and the representations and warranties you make in these Terms and on the Website (such as representations regarding criminal background) (“Background Check”). If a Caregiver authorizes a Background Check, the results will be accessible to Eczema Group Hug and to any Client who requested the Background Check. The third-party provider conducting the Background Check may also send the results directly to the Caregiver by email. Caregivers acknowledge that sensitive material may be included in a Background Check, and that Caregivers are responsible for providing us and our Background Check service provider with correct information. Fair Credit and Reporting Act. The use of any background check reports obtained through the Services is governed by the federal Fair Credit Reporting Act (“FCRA”) and certain state laws. If you order or request access to background check on a Caregiver, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws and summarizes key legal obligations. A summary of your responsibilities in using the information contained the background check can be found https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. if you choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific background check you order, we may provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. Where such a mechanism is not available, you are responsible for making any required notifications yourself. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
Background Check Representations. By registering for and using the Services as an individual Caregiver or as a Client requesting a Background Check, you acknowledge and agree that:
Eczema Group Hug may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Services and its Users, which may, in the case of certain Caregivers, be considered an employment purpose pursuant to the FCRA. Eczema Group Hug reserves the right to terminate your Account based on the information contained in such report, even if such information was subsequently dismissed.
If Eczema Group Hug terminates your account or access to the Services on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Eczema Group Hug does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Eczema Group Hug.
We and our third-party Background Check service providers will collect and process your personal information for the purposes of performing a Background Check in accordance with our Privacy Notice.
You will provide complete and accurate information for a Background Check. If a Caregiver provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the Background Check.
Human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all relevant records in all jurisdictions.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Eczema Group Hug from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Eczema Group Hug has no obligation to perform Background Checks on any Users. To the extent Eczema Group Hug performs such checks on certain Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Except as otherwise stated in these Terms, Eczema Group Hug does not verify the identity, background, or qualifications of Users, and has no obligation to monitor communications or interactions between Clients and Caregivers.
11. USER RESPONSIBILITIES. While the Services may offer the ability for Clients to request a Background Check for Caregivers, Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Client or Caregiver for themselves or their family. Each Client 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 Caregiver they select as well as that Caregiver’s eligibility to work in the US.
12. USER PORTAL. The Services are meant to help connect Clients and Caregivers on Eczema Group Hug. To accomplish this, Eczema Group Hug may provide Users with enhanced functionality and features through the User Portal. Eczema Group Hug makes no representations or warranties as to the current availability of any such User Portal Features. While Eczema Group Hug endeavors to maintain and enhance the Services, access to the User Portal and any associated features is provided on an "as available" basis and is subject to change without notice. Pursuant to these Terms, Eczema Group Hug reserves the right, in its sole discretion, to add, modify, or remove any User Portal Features at any time, and there is no guarantee that any User Portal Feature will be available at any given time.
13. USER ACCOUNTS. You may register for a User Account on the Services as a Caregiver and/or Client. Registered Users will be able to access the full array of features found on our platform. In order to register an Account, you will be asked to provide registration information, including your full name and email address, when signing up for an Account. You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your account information secure and confidential. It is a condition of your use of the Services that all the information you provide on your User Account will be correct, current, and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
14. REPRESENTATIONS AND WARRANTIES. By accessing or using the Services, you hereby understand and agree that:
You have read, understand and agree to these Terms of Service.
When you create an Account, you must provide specific information about yourself, which will be processed in accordance with the provisions of our Privacy Notice;
You are at least 13 years old, or the age of majority in your jurisdiction.
Eczema Group Hug provides Services to facilitate connections between Caregivers and Clients. Eczema Group Hug does endorse or control any Eczema Group Hug User and you use of the Services and interactions with any Eczema Group Hug User is entirely at your own risk.
Each Caregiver is solely responsible for interacting with a Client as an independent business, managing Client personal information, and providing Clients with necessary policies and agreements, including their own privacy policy, terms and conditions, and other applicable policies.
Caregivers are responsible for compliance with any applicable laws and regulations, including laws related to providing their services, collecting and using personal information, and communicating with Clients.
You hold Eczema Group Hug harmless and fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including legal costs on a full indemnity basis) occasioned to or incurred by us as a result of any breach of your warranties herein or this Terms of Service.
Eczema Group Hug may suspend, terminate, or modify the Services in our sole discretion and without incurring any liability to you.
Eczema Group Hug is not responsible for any Client-Caregiver Relationship and does not guarantee the availability or accuracy of any Caregiver or Client, nor does Eczema Group Hug make any representations that any Client-Caregiver Relationship will meet your expectations.
Eczema Group Hug is not responsible for any fees charged by a Caregiver and does not guarantee that Clients will pay any such fees.
Any disputes between a Client or Caregiver must be settled between the Client and Caregiver and Eczema Group Hug will not intervene in or be a party to any such disputes.
15. NON-SOLICITATION. Client agrees not to make any private arrangement with any Caregiver referred by Eczema Group Hug, for the purpose of, or having the effect of, avoiding payment of the fees set out above. Client agrees that the Placement Fee (as described in the Payment Terms section below) is to be charged at the time the Client books services with a Caregiver. No referral is final until all fees have been paid to Eczema Group Hug. Client understands that a referred Caregiver is not required to pay a fee of any kind for the referral services provided by Eczema Group Hug, but that any such fee is the obligation of Client. Client acknowledges that a referred Caregiver has agreed not to commence Caregiver service activities with Client until all applicable Placement Fees have been paid in full by Client to Eczema Group Hug.
16. PROHIBITED USES. You may use our Website and Services only for lawful purposes and in accordance with this Terms of Service. You agree not to use the Services:
In any way that violates these Terms or any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Eczema Group Hug, a Eczema Group Hug employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Eczema Group Hug or users of the Services, or expose them to liability.
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website or incorporate into another website or other service any of our material, content or intellectual property.
Additionally, you agree not to:
Engage or access the Service for a competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor.
Use or develop any third-party applications that interact with our Services or User Content information without our written consent.
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Access or use customer data, including personal data, of any end-users of Eczema Group Hug in violation of these Terms of Service.
17. TERMS OF SERVICE VIOLATIONS AND TERMINATION. Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of Eczema Group Hug 's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Services or by contacting us at: support@eczemagrouphug.com. If you delete your Account, Eczema Group Hug may still retain certain information associated with your Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Service and our users, or take other actions otherwise permitted by law. As well, if certain information has already been provided to third parties as described in our Privacy Notice, retention of that information will be subject to those third parties’ policies.
18. WORKER CLASSIFICATION.
Nothing in this Terms of Service is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Eczema Group Hug and a User. Client is solely responsible for and has complete discretion with regard to selection of any Caregiver for any Childcare Support. Client is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Caregivers should be engaged as independent contractors or employees of Client and engaging them accordingly; Eczema Group Hug will have no input into, or involvement in, worker classification as between Client and Caregiver and Users agree that Eczema Group Hug has no involvement in and will have no liability arising from or relating to the classification of a Freelancer generally or with regard to any Client-Caregiver Relationship.
19. PAYMENT TERMS. We offer some of our Services for a fee. If you choose to purchase and access these products and Services, we will collect payment information, such as credit card, billing address and other financial account information (“Payment Information”). In order to use these Services, users must provide account information for at least one valid Payment Method, such as your credit card information. You hereby authorize Eczema Group Hug as applicable, to run credit card authorizations on all credit cards provided by you and to charge your credit card (or any other “Payment Method”) for applicable fees, including taxes and service charges, and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Notice, you acknowledge and agree that we may use certain third-party service providers to process payments and manage your Payment Method information. By providing Payment Method information through the Services and authorizing payments with the Payment Method, You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on the Website; and (d) such actions do not violate the terms and conditions applicable to User’s use of such Payment Method(s) or applicable law. When a User authorizes a payment using a Payment Method via the Services, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Eczema Group Hug is not liable to any user if Eczema Group Hug does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Eczema Group Hug will make commercially reasonable efforts to work with any such affected users to resolve such transactions in a manner consistent with these Terms. Order Acceptance and Cancellation Should you choose to purchase our products and Services, you agree that your order is an offer to buy, under these Terms, all Services listed in your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Placement Fee At the time of matching Clients with Caregivers, the Client will be charged a one-time fee (“Placement Fee”) to initiate the booking process. After Caregiver Services are booked, Clients will be charged on a Subscription basis. (see Subscription Terms below). Subscription Terms Some of our Services available for purchase may be accessed on a monthly subscription basis (“Subscription”) for a recurring fee (“Subscription Fee”). You will be granted the right to access the Services for a monthly Subscription term (“Subscription Term”), beginning on the date you place your order on the Website. The Subscription Fee will be the price in effect at the time you submit your purchase and will be set out in your order confirmation email. Your Payment Method will be charged for the Subscription in accordance with these Terms. Automatic Renewal At the end of the initial Subscription Term, your Subscription will automatically renew at the same Subscription Fee for additional, successive one-month Subscription Term periods unless you or Eczema Group Hug cancel your Subscription before the end of the billing cycle. You further agree that Eczema Group Hugmay from time to time change the amount of any Subscription Fee to which you previously agreed as part of an automatically renewing Subscription. We will notify you about increases in recurring Subscription Fees 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 fees and/or their associated Additional Terms, on our Website. Subscription Cancellations and Refunds Subscription Fees are non-refundable. You may cancel renewal of an upcoming Subscription Term at any time prior to the start of that applicable Subscription Term period by accessing your Account settings through the User Portal on the Website. Subscription cancellations are effective for a future Subscription Term only. Upon cancellation, your current Subscription will remain active, and you will still have access to the Services until the end of the current Subscription Term.
20. INTELLECTUAL PROPERTY RIGHTS. The Services and its entire contents, features, and functionality (including but not limited to the Website, App, software, mobile applications, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Eczema Group Hug, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Eczema Group Hug hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you. The Eczema Group Hug name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Eczema Group Hug or its affiliates or licensors. You must not use such marks without the prior written permission of Eczema Group Hug. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
21. DIGITAL MILLENNIUM COPYRIGHT ACT. Eczema Group Hug respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws. If you believe that your work has been copied on the Services in a way that constitutes copyright infringement under the Digital Millennium Copyright Act (the “Act”), please email us at: support@eczemagrouphug.com. In your message, please provide notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the App and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
22. THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS. Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your User Content.
23. WARRANTY DISCLAIMER. THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND SERVICES, 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 ECZEMA GROUP HUG, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. ECZEMA GROUP HUG 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 ECZEMA GROUP HUG; (3) WARRANT THAT YOUR USE OF THE WEBSITE 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 SITE OR 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, ECZEMA GROUP HUG 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, ECZEMA GROUP HUG MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR WEBSITE TO PROVIDE SERVICES AS A CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER.
24. LIMITATION OF LIABILITY. IN NO EVENT WILL ECZEMA GROUP HUG 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 WEBSITE OR SERVICES, REMOVAL OF CONTENT FROM THE WEBSITE, 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 WEBSITE OR SERVICES, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF ECZEMA GROUP HUG, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. UNDER NO CIRCUMSTANCES WILL ECZEMA GROUP HUG’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID ECZEMA GROUP HUG FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF $10.00. IN NO EVENT WILL ECZEMA GROUP HUG 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 WEBSITE 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 WEBSITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE WEBSITE 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.
25. INDEMNIFICATION. You agree to indemnify and hold Eczema Group Hug , its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, (iv) any Client-Caregiver Relationship. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Eczema Group Hug and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
26. DISPUTES AND ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
A. Binding Arbitration and Class Action Waiver If You Live In The United States. We hope we never have a dispute, but if we do, you and we agree to try for 30 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
I. Disputes Covered-Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us that in any way relates to or arises from your use or attempted use of the Site and all matters relating to or arising from this Agreement, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
II. Send a Notice of Dispute Before Arbitration. If you have a dispute with Eczema Group Hug that our customer service representatives can’t resolve and you wish to pursue arbitration, you must first notify us in writing at the following email address: support@eczemagrouphug.com, using the subject line “Notice of Dispute.” Your notice of dispute must be individual to you and must include, as applicable, your name, the email address, and your residential address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell Eczema Group Hug what you want us to do to resolve the problem. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Section.
III. Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).
IV. Arbitration Procedure. The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see or call 1-800-778-7879. This Agreement, including this Dispute Resolution clause, govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf to the AAA and email a copy to support@eczemagrouphug.com. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.
V. The arbitrator rules on all arbitrability issues, including scope, validity and enforceability of this arbitration agreement, except that a court has exclusive authority: (i) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Section.
VI. Opting Out. You have the right to opt-out of this Dispute Resolution clause by personally signing and sending us notice by email to support@eczemagrouphug.com. The notice must be sent within 30 days of the date on which you first accessed the Services after these terms were last updated (unless a longer period is required by applicable law); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Dispute Resolution clause. If you opt-out of this Dispute Resolution clause, Eczema Group Hug also will not be bound by them.
VII. Severability. If, after exhaustion of all appeals, any part of this Dispute Resolution clause is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this Dispute Resolution clause is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
27. GOVERNING LAW. These Terms of Service, including the Privacy Notice, and any claim arising in connection to the foregoing will be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. If you have any questions, please contact us at support@eczemagrouphug.com
28. SURVIVAL. After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
29. ASSIGNABILITY. You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Eczema Group Hug’s prior written consent in the form of a written instrument signed by a duly authorized representative of Eczema Group Hug. Eczema Group Hug may freely assign this Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will insure to the benefit of the successors, heirs, and permitted assigns of the parties.
30. WAIVER AND SEVERABILITY. No waiver by Eczema Group Hug of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Eczema Group Hug to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
31. ACCESS OF THE SITE OUTSIDE THE UNITED STATES. Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In order to access or use the Website or Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and Website and your license to use the Services will be immediately revoked.
32. CONSENT TO USE ELECTRONIC RECORDS. In connection with the Terms of Service, you may be entitled to receive certain records from Eczema Group Hug or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.
33. ENTIRE AGREEMENT. This Terms of Service, constitute the sole and entire agreement between you and Eczema Group Hug and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.
34. CONTACT INFORMATION. For questions or concerns related to these Terms, please contact us at: support@eczemagrouphug.com