Terms of Use

MYROBYN.COM TERMS OF SERVICE
Updated 8/2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE SITE OR THE SERVICE.
This Agreement sets forth the terms and conditions between Robyn Household Assistance, Inc. d/b/a My Robyn ("My Robyn") and you and governs the use of the service offered at the My Robyn Website www.myrobyn.com and through any My Robyn mobile application (collectively, the "Site"). Please read this Agreement before using the Site. By using the Site and the services offered by My Robyn, you consent to this Agreement and any new version of it posted since you first used the Site and the services of My Robyn. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a member of the Site ("Member"). If you wish to become a Member and make use of the My Robyn service (the "Service"), then please read this Agreement. By using this Site, you do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the My Robyn Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by My Robyn at any time, effective upon posting on the My Robyn site, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes. If you are accessing the Site on behalf of an entity, these Terms bind both you and the entity.

  1. ACCEPTANCE OF TERMS OF USE AGREEMENT.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by My Robyn from time to time, such modifications to be effective upon posting by My Robyn on the Site. By accessing the Site or becoming a Member, you accept this Agreement and agree to its terms and conditions. In addition, by accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.
  1. THE MOMMY ASSISTANT SITE.
The Site provides a venue to connect individuals or companies seeking assistance with chores, errands, child care, and other in-home and out-of-home needs ("Recipients") with individuals or companies providing assistance with chores, errands, child care, and other in-home and out-of-home needs ("Assistants"). My Robyn does not take part in the interaction between Recipients and Assistants. Recipients, Assistants, and all other users understand and expressly agree that My Robyn does not have control over the quality, integrity, timing, legality, or any other aspect of the services actually delivered by the Assistants, nor of the integrity, responsibility or any of the actions of the Recipients. My Robyn makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Assistants or Recipients through the Site whether in public, private or offline interactions. My Robyn does not assume any responsibility for the accuracy or reliability of any information provided by Assistants or Recipients on this Site. My Robyn does not assume and expressly disclaims any liability that may result from the use of this information. My Robyn is not responsible for the conduct, whether online or offline, of any Assistant, Recipient, or user of the Site or Member of the Service. All users including both Recipients and Assistants do hereby expressly agree not to hold My Robyn or My Robyn's officers, directors, members, investors, agents, assignees, representatives, independent contractors, or employees liable for any instruction, advice, assistance, child care, or other services delivered or provided which originated through My Robyn or the Site and My Robyn and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, injuries, losses, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
My Robyn does not employ, recommend, or endorse any Recipient or Assistant, nor is My Robyn responsible for the conduct of any such Recipient or Assistant. My Robyn provides information and tools to help Recipients and Assistants connect and make informed decisions. However, each individual is solely responsible for selecting an appropriate Recipient or Assistant for themselves or their families or business and for complying with all applicable laws in connection with any employment relationship they establish. This is one of many tools and factors you should use when determining whether to enter into a relationship with a Recipient or Assistant.
My Robyn does not provide medical advice, diagnosis or treatment, or engage in any conduct that requires a professional license.
  1. REGISTRATION; INFORMATION SUBMISSION.  In order to use the Service, you must become a Member by creating an account in your own name as a prospective Recipient or Assistant. As a part of the registration process, you must provide My Robyn with certain information, including, for example, your name, contact information, resume, and proposed or requested services. You represent and warrant that you will provide My Robyn with truthful, current, and complete information in connection with your registration for use of the Site and Service. My Robyn is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. You represent and warrant that you will not provide inaccurate, misleading, or false information to My Robyn or to any other user of the Site.
By registering on the Site as a prospective Recipient or Assistant, you agree to this Agreement, to the Privacy Policy included in this Agreement, to the conducting of a background check, and to the review and release of said background check as discussed below.
My Robyn reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other Site users, misuse the Site or the Service, or otherwise engage in inappropriate conduct, as determined by My Robyn in its sole discretion.
  1. WHO MAY USE THE SERVICES OF MOMMY ASSISTANT. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to individuals under the age of nineteen (19) or to anyone who is not legally eligible to work in the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the United States and who are legally eligible to work in the United States.
By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by all of its terms and conditions. In addition, you represent and warrant that you and each member of your household (a) have never been arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, theft, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity, and (c) have never been charged or served with a domestic violence or harassment protection order or restraining order.
You hereby authorize My Robyn to check the accuracy and truthfulness of the information you provided, and you agree that My Robyn reserves the right, but not the obligation, to verify your representations and warranties, which may include, without limitation, conducting criminal background checks, employment background checks, credit history checks, and using other available public records, and to take action it deems appropriate in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of this Agreement.
Certain parts of the Site are limited to Members only. If My Robyn determines, in its sole and absolute discretion, after conducting criminal background, employment history and credit history checks, and other verification procedures, that you do not qualify to become a Member of the Service, you will be denied access to the parts of the Site which are limited to Members only. Similarly, if My Robyn should determine, in its sole opinion, that you have violated any representation or warranty or any other provisions of this Agreement, you will be denied access to the parts of the Site which are limited to Members only. A person's admission as a Member of the Site does not indicate that My Robyn has independently verified that person's representations or that the person has passed any background check.
My Robyn does not guarantee that the Site or its services will be available in all locations or that any Assistants or Recipients will be available in your location or for your requested or available services.
MOMMY ASSISTANT DOES NOT WARRANT, AND YOU SHOULD NOT RELY SOLELY UPON ANY ACTIONS WHICH MOMMY ASSISTANT MAY TAKE TO VERIFY THE STATEMENTS, REPRESENTATIONS, AND WARRANTIES MADE BY RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS OF THE SITE, IF ANY. RATHER, RECIPIENTS ARE ENCOURAGED TO, AND EXPECTED TO, PERFORM THEIR OWN INDEPENDENT BACKGROUND CHECKS, TO OBTAIN REFERENCES, AND TO OBTAIN SUCH OTHER INFORMATION ABOUT ASSISTANTS AS RECIPIENT DEEMS NECESSARY, IN RECIPIENT'S SOLE JUDGMENT, FOR RECIPIENT'S NEEDS AND PURPOSES, AND ASSISTANTS ARE ENCOURAGED TO, AND EXPECTED TO, PERFORM THEIR OWN INDEPENDENT BACKGROUND CHECKS, TO OBTAIN REFERENCES, AND TO OBTAIN SUCH OTHER INFORMATION ABOUT RECIPIENTS AS ASSISTANT DEEMS NECESSARY, IN ASSISTANT'S SOLE JUDGMENT, FOR ASSISTANT'S NEEDS AND PURPOSES.
MOMMY ASSISTANT EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS OF THE SITE. RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD MOMMY ASSISTANT HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS OF THIS SITE.
  1. TRANSACTIONS AND AGREEMENTS ARE BETWEEN RECIPIENT AND ASSISTANT; RELEASE. Recipients may seek the services of an Assistant through the use of the Site and Assistants may submit proposals to Recipients regarding their services. In the event that a Recipient and an Assistant agree on the provision of services such agreement is solely between the Recipient and the Assistant. My Robyn is not a party to any such agreement. Any issues concerning the services received by the Recipient or payment due to the Assistant must be resolved directly by the Recipient and the Assistant. My Robyn does not guarantee any payments made by Assistant or Recipient and is not liable for any nonpayment by either party. My Robyn will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands, injuries, losses or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues or which are in any way connected with the services provided by Assistant to Recipient. By using this Site, you do hereby represent, understand, and expressly agree to release and hold My Robyn harmless for any claim, demand, injuries, losses or controversy that may arise from any services provided by Assistant to Recipient, from any conduct and actions by any Recipient, Assistant, or other user(s) of the Site, and from any disputes between you and any other user(s) of the Site. You agree to take reasonable precautions and to take sole responsibility in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to My Robyn immediately by notifying My Robyn of the same via electronic correspondence.
  2. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
  3. SERVICES, LICENSE, AND PAYMENT.
Subscription. In order to use some of the Services, you must purchase a fee-based subscription to the Site (the "Subscription Services"). Subject to, and in accordance with, these Terms, and conditioned upon proper and continued payment of any applicable subscription fees, My Robyn hereby grants You, and You accept from My Robyn, a limited, revocable, non-exclusive, non-transferable license to use the Subscription Services provided by My Robyn solely for your own individual purposes. This license is automatically terminated if you violate any of these Terms. My Robyn reserves all rights not expressly granted to You hereunder.
Payment. Your access to the Subscription Services is conditioned upon your payment to My Robyn of all applicable fees for your subscription as set forth in your particular subscription offer. If you fail to make any of the required payments to My Robyn, or your subscription period ends, your license to access the Subscription Services will automatically be revoked. If you order a Subscription Service, or purchase any other service through the Services, then you consent to My Robyn storing your payment information. You agree to pay the applicable fees for the product or service and to reimburse My Robyn for all collection costs and interest.
Prices are subject to change. My Robyn may change the services offered, impose limits, or change the fees charged for the Subscription Services at any time; provided that, the change will become effective only at the end of the then-current billing cycle of your subscription. My Robyn will provide you with reasonable prior notice of any change in fees to give you an opportunity to cancel the renewal of your subscription before the change becomes effective.
My Robyn may offer some version of the Services as a part of a free-trial offer. Please review the specific terms of your applicable subscription offer for more details on any required payment, the details of any free-trial offer, and the potential for additional purchases or fees for increased capabilities. If you fail to cancel your subscription within a free-trial period, you may incur fees.
Source Code. The grant of the license(s) under these Terms is not, and shall not be construed as, a grant of any right to You to use, receive, or view, copies of source code, schematics, master copies, design materials or other related information regarding the Site or Service. Without limiting the foregoing, You shall have no rights to receive any source code for the Site and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Site for any purpose.
Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Site in any way, except as expressly permitted in these Terms; (b) remove or modify My Robyn's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Site; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Services' source code or object code or other runtime objects or files distributed with the Site, if any; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Site; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Site, in any form, to any third party (including in any service bureau or similar environment); (f) use the Site to process the data of third parties; (g) use, install, or make available the Site, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or application service providers; or (h) use the Site to engage in any form of spamming or as a means of bulk commercial advertising message distribution. In addition, you will not violate or attempt to violate the security of My Robyn's networks or servers, including (x) access data not intended for you or log into a server or account which you are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing.
Disclaimers. The Site and Services are provided "AS IS." My Robyn does not represent or warrant and expressly disclaims any warranty that (i) your computer or device has the specifications to support the Site; (ii) any information contained in the Site or Services will be accurate, (iii) the Site or Services will be error-free or accessible at all times, (iv) defects will be corrected, (v) the Site or the server that makes it available, are free of viruses or other harmful component, or (vi) the use or the results of the use of the Site or Services will be correct, accurate, timely, or otherwise reliable.
Information Storage and Access. My Robyn may revoke access to and/or delete your data, information, or files you upload or submit through the Site, if you stop paying the requisite subscription fees or if your account is terminated.  If you stop paying your subscription fees, or your account is otherwise terminated, you will automatically lose access to all of your data collected by or accessed through the Site. Upon termination or your failure to pay subscription fees, My Robyn may in its discretion, delete any and all data related to your account or other content related to the Site. Notwithstanding the foregoing, My Robyn reserves the right, in its sole discretion, to determine whether and how long to store your data. My Robyn will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or My Robyn's servers.
Maintenance or Support. My Robyn is not under any obligation to provide maintenance or support for the Site. My Robyn may provide maintenance or support for the Site in My Robyn's sole discretion.
Infringement. If a third-party claims that the Site infringes its patent, copyright or trade secret, or any similar intellectual property right, My Robyn will defend you against that claim at My Robyn's expense and pay all damages that a court finally awards, provided that you promptly notify My Robyn in writing of the claim, and you allow My Robyn to control and you cooperate with My Robyn in, the defense or any related settlement negotiations. If such a claim is made or appears possible, you agree to permit My Robyn to modify the Services in order to attempt to avoid such claims. If My Robyn determines that this alternative is not reasonably available, you agree to cease using the Site on the My Robyn's request, and without any further liability or obligation of My Robyn. Further, My Robyn shall have no obligation whatsoever for any claim based on your modification of the Site or your combination, operation, or use with any product, data or apparatus not specified or provided by My Robyn. THIS PARAGRAPH STATES MOMMY ASSISTANT'S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.
  1. USER-GENERATED/THIRD-PARTY CONTENT.
Overview. The Site may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including but not limited to profile information, profile pictures, resume information, requested services, offered services, comments, recommendations, pictures, reviews, images, and other forms of data or communications ("User Content").
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively "Post") through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal. You will not provide inaccurate, misleading or false information to My Robyn or to any other user of the Site. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, My Robyn a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
If you upload a picture or photo, including a profile picture, you represent that you are authorized to use that photo or profile picture.
Testimonials. If you Post or otherwise transmit to My Robyn a testimonial statement depicting your results using any My Robyn service or product, you grant, and warrant and represent that you have the right to grant, My Robyn a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any My Robyn advertising materials.
By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the My Robyn service or product as directed, and that the testimonial accurately depicts your experience using the My Robyn service or product.
If you no longer wish My Robyn to use your written testimonial statement or photograph, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Site. My Robyn reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of My Robyn.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), My Robyn is only a distributer, and not the publisher or speaker, of any User Content. As such, My Robyn cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. My Robyn does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will My Robyn be responsible for any loss or damage resulting from any person's reliance on any User Content.
Reservation of Rights. Subject to the DMCA provisions below, My Robyn reserves the right to remove or not remove any User Content from the Site for any reason or no reason at all, in My Robyn' sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. My Robyn reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access. My Robyn reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. My Robyn will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or My Robyn's servers.
Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against My Robyn and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
  1. DIGITAL MILLENNIUM COPYRIGHT ACT.
My Robyn respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act ("DMCA"). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify My Robyn's designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be forwarded to My Robyn's designated agent as follows:
Troy F. Meyerson
500 Energy Plaza
409 South 17th Street
Omaha, NE  68102-2663
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to My Robyn which My Robyn removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to My Robyn's designated agent listed above:
  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which My Robyn may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in ten (10) to fourteen (14) business days after our designated agent's receipt of the counter-notification, at our sole discretion.
My Robyn reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
  1. PRIVACY.
The Site and Services are governed by the My Robyn Privacy Policy which is incorporated into these Terms by this reference.  Please read the Privacy Policy before accessing the Site or Services or providing any personal information through the Site or Services.
 
In addition to the collection, use, and disclosure of information discussed in the Privacy Policy, by providing any personal or non-personal information to My Robyn through the Services, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant, My Robyn a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to post or transmit information regarding requested or offered assistance services, or for any other lawful purpose in My Robyn's sole discretion.
 
By submitting your contact information to My Robyn, you consent to My Robyn contacting you via any of the contact information you provide, including telephone or email, for any purpose.
  1. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Recipients or Assistants for employment or contracting for a business not affiliated with My Robyn without express written permission from My Robyn. Should My Robyn find that you violated the terms of this paragraph or any terms stated herein, My Robyn reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a Twenty Thousand Dollar ($20,000.00) penalty fee plus an additional Two Thousand Dollar ($2,000.00) daily penalty fee for soliciting, either in a manual or automatic manner, Recipient or Assistant information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating site content, including but not limited to, use on a "mirrored," competitive, or third party site.
Although My Robyn cannot monitor the conduct of its users off the Site, it is also a violation of these Terms of Use to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any twenty-four (24) hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, My Robyn reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
My Robyn reserves the right, in its sole discretion, to terminate your access to all or part of the My Robyn Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in My Robyn, for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, My Robyn reserves the right to send a notice thereof to other members which whom you have corresponded.
  1. BACKGROUND CHECKS.
My Robyn may perform (but does not assume any obligation to perform) background checks on Recipients and/or Assistants, may review and store the results of such checks, and may provide the results of such checks to prospective Recipients or Assistants. While such background checks maybe a helpful source of information, it is important to understand that background checks are not always accurate and may not reveal a person's complete history or criminal history. In addition, there are factors other than a person's criminal background that should be carefully considered before hiring an Assistant or working for a Recipient. Therefore, background checks should only be one part of your decision-making process in addition to other steps you take.
My Robyn uses third party vendors to conduct background checks. The criminal record information searched and reported for each type of check varies by state, and sometimes county, due to variations in state laws and state and county criminal record reporting systems. In addition to legal and reporting system limitations of background checks, each check is performed with the consent of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a person provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Further, criminal records are not always reported accurately or promptly, and 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 criminal records in all jurisdictions.
Therefore, while background checks can be helpful and uncover potential red flags, they are not always accurate and a background check should not be considered a full picture of a person's complete criminal history or suitability as a Recipient or Assistant. We strongly recommend that a background check only be used as one part of your decision-making process. A background check is not a substitute for conducting thorough in-person interviews, reference checks, online and social media searches, obtaining copies of the person's identification documents, and conducting ongoing monitoring of any individual you decide to work with.
BY AGREEING TO THESE TERMS AND USING THE MOMMY ASSISTANT SITE, YOU AGREE TO ALLOW MOMMY ASSISTANT TO PERFORM THESE BACKGROUND CHECKS. IF YOU DO NOT WANT THESE BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE MOMMY ASSISTANT. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
  1. NO SPAM. You shall not use the Site to send unsolicited bulk advertising or promotional messages, chain letters, pyramid schemes, or promotional messages ("spam"). Further, you shall not harvest email addresses or instant messaging identifiers from the Site. Should you send spam or harvest, or attempt to harvest email addresses or instant messaging identifiers, My Robyn will incur damages, the exact nature and extent of which may be difficult to determine, and you therefore agree to pay liquidated damages of Four Dollars ($4.00) per individual recipient of any spam which you knowingly send or cause to be sent through the Site, and Four Dollars ($4.00) per email address and instant messaging identifier which you harvest or attempt to harvest.
  2. PAYMENT AND REFUND POLICY FOR INDIVIDUAL RECIPIENTS. You are required to pay for all costs, fees, and for all services provided by My Robyn at the time you register with My Robyn. Thirty Dollars ($30.00) of your payment is a nonrefundable fee for conducting a background check and other verification procedures on you. The remainder of your payment is refundable on a prorated basis if you are not completely satisfied with the Service. If you are not completely satisfied with the Service and desire to cancel your Membership, My Robyn will refund the remainder of your payment to you, prorated for the unused remaining days of your Membership. Gift certificates are nonrefundable.
  3. PAYMENT AND REFUND POLICY FOR INDIVIDUAL ASSISTANTS. You are required to pay for all costs, fees, and for all services provided by My Robyn at the time you register with My Robyn. Thirty Dollars ($30.00) of your payment is a nonrefundable fee for conducting a background check and other verification procedures on you. The remainder of your payment is refundable on a prorated basis if you are not completely satisfied with the Service. If you are not completely satisfied with the Service and desire to cancel your Membership, My Robyn will refund the remainder of your payment to you, prorated for the unused remaining days of your Membership. Gift certificates are nonrefundable.
  4. DETERMINATION OF SERVICES TO BE PROVIDED BY ASSISTANT TO RECIPIENT. It shall be the sole and absolute responsibility and decision of the Recipient and the Assistant to determine the nature, type, length, and scope of services to be provided by the Assistant to the Recipient, if any, and the price and payment terms for such services. My Robyn shall have no role or responsibility whatsoever with regard thereto. Whether Recipient chooses a particular Assistant is Recipient's decision. Similarly, whether an Assistant chooses to work for a particular Recipient is Assistant's decision. Even if My Robyn provides a Recipient with a customized list of potential Assistants, My Robyn does not make any decisions for any party and it is the responsibility of Recipient and Assistant to make those decisions for themselves. In the sole discretion and judgment of the Recipient and the Assistant, the Recipient and Assistant shall agree upon the type of services to be provided, the price to be paid for the services, the payment terms, the days and hours during which services are to be performed, and such other terms and conditions as the Recipient and the Assistant, in their sole judgment and discretion, shall deem necessary and appropriate. My Robyn does not guarantee or endorse any particular terms for the agreement between an Assistant and Recipient.
  5. COMPLIANCE WITH TAX AND EMPLOYMENT LAWS. You understand and agree that certain federal, state, and local taxes may be assessed for the services provided by the Assistant to the Recipient, including, but not limited to, income taxes, employment taxes (such as FICA, Social Security tax, Medicare tax), sales tax, and use tax. Recipient and Assistant shall be solely responsible for, and shall pay all such taxes as required under applicable federal, state, and local laws, rules, and regulations. Under no circumstance whatsoever, shall My Robyn be responsible for, or pay for, any taxes which are, or may be, assessed upon the Recipient or the Assistant for services provided by the Assistant to the Recipient. Further, you agree to indemnify, defend and hold harmless My Robyn from and against any and all claims, losses, damages, expenses, or demands of liability, including attorney's fees and costs incurred by My Robyn, with regard to, and/or in connection with, any taxes assessed to or owed by the Recipient or the Assistant for any services provided by the Assistant to the Recipient. You should consult your own tax advisor for specific advice with regard to any and all taxes which may be assessed and for which you may be responsible.
My Robyn does not employ any Recipients or Assistants. Assistants are the potential employers or independent contractors of Recipients. Recipients and/or Assistants are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws). Further, My Robyn does not have control over the quality, timing, or legality of the services actually delivered by Assistants, or of the integrity, responsibility or actions of Assistants or Recipients and My Robyn neither refer or recommend Assistants or Recipients nor make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Assistants or the integrity, responsibility or actions of Assistants or Recipients whether in public, private or offline interactions.
  1. FAIR CREDIT REPORTING ACT. Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Robyn Household Assistance, Inc. d/b/a My Robyn, notifies you that it may, as part of its service, obtain a consumer report about you from a consumer reporting agency or a third-party verification service. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. You acknowledge that the purpose of any background check performed on you is the legitimate business need for the information in connection with a business transaction that is initiated by you, and for no other purpose.  You agree to indemnify and hold harmless My Robyn from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. My Robyn does not assume and expressly disclaims any liability that may result from the use of information provided by a consumer reporting agency or a third-party verification service.
If you obtain consumer reports that are governed by FCRA, you hereby represent and warrant that you will comply with the FCRA, in connection with your use of such consumer reports. You agree to comply with any applicable provisions of the FCRA relevant to you at all times.
  1. NO WARRANTY. The Site, Service, and the information and materials contained thereon or related thereto, including text, graphics, information, links or other items are provided "as is," "as available." MOMMY ASSISTANT DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE, SERVICE, OR THE RELATED INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE SITE, SERVICE, INFORMATION OR MATERIALS.
MOMMY ASSISTANT DOES NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. MOMMY ASSISTANT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE OR SERVICE.
MOMMY ASSISTANT DOES NOT GUARANTEE THAT AN ASSISTANT OR RECIPIENT WILL BE AVAILABLE OR ABLE TO MEET YOUR  NEEDS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, MOMMY ASSISTANT 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 AN ASSISTANT OR REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO BE A RECIPIENT OF SERVICES.
Information Provided by Other Parties. MOMMY ASSISTANT DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MOMMY ASSISTANT. UNDER NO CIRCUMSTANCES WILL MOMMY ASSISTANT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USERS.
  1. ASSUMPTION OF RISK. You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interactions with Members of the Site. You agree to take all precautions you deem necessary in your sole discretion when interacting with others members of the Site. My Robyn is not a guarantor of any user's safety, is not a guarantor of any Assistant's performance, and is not responsible for the conduct of any Assistant or Recipient.
  2. LIMITATION OF LIABILITY.
Incidental Damages and Aggregate Liability. In no event will My Robyn 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, including without limitation damages related to any information received from the Site, 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, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if My Robyn, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL MOMMY ASSISTANT'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 MEMBERSHIP FEE FOR THE PREVIOUS THREE (3) MONTHS, OR, IF YOU HAVE NOT PAID MOMMY ASSISTANT FOR THE USE OF ANY SERVICES, THE AMOUNT OF MOMMY ASSISTANT'S USUAL AND CUSTOMARY MEMBERSHIP FEE FOR THREE (3) MONTHS.
No Liability for Non-My Robyn Actions. IN NO EVENT WILL MOMMY ASSISTANT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, AND/OR ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED TO ANY RECIPIENT BY ANY ASSISTANT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSSES, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, 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 this Agreement, 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. My Robyn 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.
  1. INDEMNIFICATION. By agreeing to the terms of this Agreement, you agree to indemnify, defend and hold harmless My Robyn from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs incurred by My Robyn, 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 by you in violation of these Terms of Use or in violation of any applicable law; or (iii) your online or off-line interaction, dealings, agreement, and services with a Recipient or Assistant. You further agree to cooperate as reasonably required in the defense of such claims. My Robyn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of My Robyn. You further agree to hold harmless My Robyn from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
  2. THIRD-PARTY SERVICES. My Robyn may use or provide access to one or more third-parties to process payments, process account or user registrations, conduct background checks, verify identifies, or provide other services. The use of such third-party services are subject to the third-party's terms of service. Any disputes arising regarding a third-party's services must be resolved directly between the user and the third-party. My Robyn disclaims all warranties or representations regarding any third-party services. My Robyn, in its sole discretion, and without notice to you or any user, may subcontract any Service to be performed by a third-party.
  3. U.S. EXPORT CONTROLS. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  4. JURISDICTION AND CHOICE OF LAW. If there is any dispute or action arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Nebraska, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Nebraska, Douglas County, for the resolution of any such dispute.
  5. COMPLIANCE AND PROHIBITED ACTIONS. You will not use the Site in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
  6. ADVERTISEMENTS. My Robyn may support the Site or Service by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Site or Service. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Service are subject to change without notice. You agree that My Robyn may place advertising on the Service and you agree not to block such advertising.
  7. TERM AND TERMINATION. You may terminate these Terms at any time by closing your account, discontinuing your use of the Site and Service and providing My Robyn with a notice of termination. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Site or Service and/or ban you altogether from the Site or Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, the Site, your User Content, other content on the Service, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue.
  8. 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. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
  9. CONTACT INFORMATION. If you have any questions or need further information as to the Site or services provided by My Robyn, or need to notify My Robyn as to any matters relating to the Site or services, please contact My Robyn at:

Website: www.myrobyn.com
Email: sfeltus@myrobyn.com
Phone: (402) 915-2831
 
1481682.07