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USER Agreement

Napp, LLC

Welcome to Napp, LLC, your exclusive childcare network!

By joining our network you are agreeing, on behalf of you and anyone for whom you procure services through the Napp service (“you”, “yours”), that you will be legally bound to all of the terms and conditions set forth in this Terms of Agreement (the “Agreement”).  Do not "Join Network" if you do not agree to be bound by this Agreement.  If you do not "Join Network," you will not be permitted to register to use our referral services.  The terms and conditions of this Agreement are as follows:

1. Registration for a Napp Account.

In order to use the Napp services, you will be required to provide to us certain personal information, such as your name, birth date, address, phone number and e-mail address.  You may also choose to provide to us specific information about your children and your household (e.g., allergies, food preferences, pets, etc.) or your preferences for particular childcare services. All of this information will be used and protected in accordance with the Napp Privacy Policy, located here, and which is hereby incorporated into and governed by this Agreement.  By your acceptance of this Agreement, you are representing that you have carefully read and understand the Napp Privacy Policy, and agree to its terms.  You also represent that all information you provide to us through our website is accurate and that you will keep it up-to-date.  We will not be responsible or liable to you in any manner whatsoever for any costs, expenses or damages incurred by you which result or arise from the inaccuracy or expiration of information you provide to us.

2. Sitter Selection Process.

Prior to selection as Sitters, we perform a rigorous reference check and evaluation of local childcare experience.  We conduct screening interviews of candidates and may check candidate references, but despite these reasonable efforts to screen candidates, you acknowledge that selection of Sitters is a subjective process, and that therefore we DO NOT WARRANT the quality of services to be provided by a particular Sitter.

3. Our Service; Fees.

At your request, we will make available to you the opportunity to request a booking for the services of a Napp Sitter.  In consideration of our services, we will charge a $2.00/hour service fee in accordance with our Rates and Policies set forth at RATES & POLICIES, which you represent you have read and understand.

a. Cancellation Policy: Cancelled up to 24 hrs: charges $25.00. Less than 24 hrs: charges $40.00. 

4. Payment.

All payments are to be processed through the Venmo mobile application (download here). Families will receive a request through Venmo from a Napp administrator to be completed within 24 hours of the end of each booking request. Sitters will received a payment via Venmo from a Napp administrator within 24 hours of the end of each booking request. Failing to provide payment within 24 hours will result in a freeze of your Napp account and the inability to post or request bookings until paid in full. You will be required to provide your Venmo handle before posting and requesting bookings. 

5. Sitters NOT Napp Employees.

Sitters are NOT our employees.  We are a referral agency.  Sitters are independent contractors.  You are solely responsible for determining and agreeing with a Sitter the exact nature of the services to be provided and the manner in which such services will be carried out.  You are solely responsible for payment of a Sitter within 24 hours of the end of each booking request (in accordance with the rates set forth at RATES & POLICIES prior to the conclusion of a Sitter’s services. You are responsible for complying with all applicable laws (including without limitation local, state and federal tax laws) that are applicable to a Sitter’s provision of services to you, and you will indemnify and hold us, our owners and employees from and against any claims against us arising out of or relating to your failure to comply with such laws.

6. Non-Solicitation.

During the term of this Agreement, and for a period of one (1) year following its termination or expiration, you agree not to:  (i) solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with us; or (ii) solicit any Sitter of whom you become aware through a referral by us to employ or contract with Sitter for child-care services other than through our services.  You agree that your breach of this Section will cause substantial damages to Napp and may be difficult if not impossible to quantify.  Accordingly, in the event of such a breach by you, you will pay $5,000 in liquidated damages to Napp as a reasonable estimate of such damages and not a penalty. 

7. Disclaimer.

We are not responsible or liable in any manner whatsoever for the acts or omissions of any Sitter while providing services to you or the loss or damage arising therefrom.  TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO WARRANTIES IN CONNECTION WITH OUR SERVICES OR THE SERVICES PROVIDED BY SITTERS AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  You will indemnify and hold us, our owners and employees from and against any claims by you or any third party arising out of or relating to the acts or omissions of any Sitter.

8. Limitation of Liability.

In no event will we be liable to you for any punitive, special, incidental or consequential damages in connection with this Agreement or the acts or omissions of any Sitter.  In no event will our liability to you for any claims by you under this Agreement exceed the greater of Booking Fees paid by you to us in the twelve (12) months preceding the claim or $1,000.

9. Disputes.

Except in the case of an action relating to breach by you of Section 5 above (which may be brought in any court with appropriate jurisdiction), you agree that all disputes arising under or relating to this Agreement will be settled by binding arbitration in Maryland before a single arbitrator under the auspices of the American Arbitration Association in accordance with its then-current rules for commercial arbitration.  YOU EXPRESSLY AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO TRIAL BY JURY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT.

10. Amendments; Termination.

We may amend this Agreement at any time upon notice posted to our website, and your continued use of this website constitutes your acceptance thereof.  Otherwise, the Agreement may not be amended without the written agreement of both us and you.  Either we or you may terminate this Agreement immediately upon notice to the other.  Sections 4-10 shall survive any such termination.

11. Miscellaneous.

This Agreement will be governed by the laws of the State of Maryland.  It constitutes the entire agreement between us and you, and supersedes any other prior or contemporaneous written or verbal representations by any party.  If any portion of this Agreement is or is deemed to be invalid or unenforceable, the rest of this Agreement will remain in full force and effect.
 
BY REGISTERING AS NETWORK MEMBER OR USER ON THE NAPP MOBILE APP YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.