Updated: March 2021
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Call Emmy to binding and final arbitration. Because of this, (1) you will only be permitted to pursue claims against Call Emmy on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms are subject to change by Call Emmy at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms the “Site” shall mean https://www.callemmy.com and any other websites, web pages, mobile applications and mobile websites operated by Call Emmy (“Call Emmy” or “we”) in the United States, and the “Services” shall mean any of the various services that Call Emmy provides through the Site or any other channels, including without limitation, over the telephone.
Description of Services; Limitations; User Responsibilities
Call Emmy offers various Services to help its users find, schedule, and receive various services. Call Emmy enables individuals seeking household services, such as individual child care, pet care, tutoring, errands, cooking and housekeeping services, to be connected with service providers who are qualified and willing to perform such Services.
We provide information to help Seekers make more informed decisions, such as (i) our safety center at https://callemmy.com/safety/ which includes a safety guide and safety resources, and (ii) our signature verification process for Seekers and Providers.
Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and receive services for their household needs. However, we do not directly or indirectly employ any Providers. Except as set forth below, Seekers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish on their own (such as applicable payroll, tax and minimum wage laws. Further, we do not have control over the quality, timing, or legality of the services actually delivered by Providers, or of the integrity, responsibility or actions of Seekers or Providers and we make no representations about the suitability, reliability, timeliness, or accuracy of the services provided by Providers or the integrity, responsibility or actions of Seekers or Providers whether in public, private or offline interactions.
Call Emmy does not assume any responsibility for the accuracy or reliability of any information provided by Providers or Seekers on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
Call Emmy is not responsible for the conduct, whether online or offline, of any Seeker, Provider, or other user of the Site or Services. Moreover, Call Emmy does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Seekers and Providers, hereby expressly agree not to hold Call Emmy (or Call Emmy's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, hereinafter “Affiliates”) liable for the actions or inactions of any Seeker, Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, Call Emmy and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Call Emmy shall not be responsible for any acts, omissions, events, or circumstances beyond Call Emmy’s reasonable control, including but not limited to, the acts or omissions of Service Providers, the acts or omissions of Seekers, any personal injury, damage to property, or other torts that occur during the performance of Services, or the occurrence of any casualty or loss to the person or property of any Seeker or Service Provider. Usage of the Site and Services constitutes a waiver by the Seeker or Service Provider, as the case may be, of any liability for Call Emmy based on any of the foregoing.
Any screening of a Seeker or Provider and his, her or its information by Call Emmy is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's suitability as a Seeker or Provider
Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
The Site and the Services are currently available only to individuals who are legally in the United States.
Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
You must not be a competitor of Call Emmy or using our Services for reasons that are in competition with Call Emmy. Discovery by Call Emmy of competitive activities shall be grounds for immediate termination of access to the Site and Services.
If you are an individual Provider you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
Rules for User Conduct and Use of Services
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By posting any Content while using our Service, you agree, represent and warrant as follows:
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
Unless otherwise permitted by Call Emmy, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
You are solely responsible for any Content that you post on the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Call Emmy where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Call Emmy or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
You understand and agree that Call Emmy may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Call Emmy violates these Terms or which Call Emmy determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
You have the right, and hereby grant, to Call Emmy, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, and distribute your Content and likeness for the purpose of marketing the Services of Call Emmy and conducting other marketing activities. You further represent and warrant that public posting and use of your Content by Call Emmy will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
Call Emmy is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Call Emmy and we may use all such communications, all without notice to, consent from, or compensation to you.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Call Emmy, are those of their respective authors. Such authors are solely responsible for such content. Call Emmy does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Call Emmy or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.
You agree that Call Emmy has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
Call Emmy disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold Call Emmy harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
If you are a Seeker, you may use your account only to find Services for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian or another Seeker with whom you are entering a shared child care arrangement. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
By using the Site or Services of Call Emmy, you agree that you will not under any circumstances:
Use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
Use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Call Emmy or for the promotion of illegal activities;
Harass, abuse or harm another person or group, or attempt to do so;
Use another user's Call Emmy account;
Provide false or inaccurate information when registering an account on Call Emmy, using the Services or communicating with other Registered Users;
Attempt to re-register with Call Emmy if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
Interfere or attempt to interfere with the proper functioning of Call Emmy's Services;
Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
Use the communication systems provided by or contacts made on Call Emmy for any commercial solicitation purposes;
Publish or link to malicious content intended to damage or disrupt another user's browser or computer.
Should Call Emmy find that you violated the terms of this Section or any terms stated herein, Call Emmy reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Call Emmy may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Provider or Seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights Call Emmy may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, Call Emmy reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Background and Verification Checks
Call Emmy performs on individuals who have registered as Seekers the following background check services from third-party consumer reporting agencies: Criminal Record Checks, Motor Vehicle Records (“MVR”) Checks, Criminal + MVR Records Checks and Investigative Criminal Plus background checks (collectively “Background Checks”). Call Emmy requires all Providers and Provider Companies to have conducted similar or more complete background and verification checks on themselves or their service provider individuals.
Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. 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.
Call Emmy will receive a copy of each Background Check. You are responsible for making sure that the email address you provide to Call Emmy is correct, knowing that sensitive information will be sent to it.
Special Responsibilities of Users of Background Check under FCRA
The use of any background check reports obtained through the Site is governed by the federal Fair Credit Reporting Act (“FCRA”) and certain state laws. If you order or request access to a Background Check on a Seeker, 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 in the Background Check can be found at http://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 http://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.
Call Emmy May Review and Use Background Checks You Order or Authorize About Yourself
By registering for and using the Site or Services as an individual Provider or Seeker, and subject to your authorization, you acknowledge and agree that Call Emmy may review and use any Background Checks for the purpose of protecting the safety and integrity of our Site and its users, which may, in the case of certain Providers, be considered an employment purpose pursuant to the FCRA. Call Emmy reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.
If Call Emmy terminates your membership or access to the Site 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 Call Emmy 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 Call Emmy.
Call Emmy May Order and Use Background Screenings About You
By registering for and using the Site or Services as a Seeker or Provider, you hereby acknowledge and agree that Call Emmy has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users (“Preliminary Membership Screens”), which may, in the case of certain Providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Provider or Seeker, Call Emmy may order these screenings when you register with Call Emmy and thereafter in connection with your continued use of our Services and/or interaction with our Site.
These Preliminary Membership Screens are also regulated by FCRA, and the background reports resulting from these services are considered “consumer reports” under FCRA.
You understand and agree that Call Emmy may review the information provided by the third-party consumer reporting agency and that Call Emmy retains the right to terminate your Call Emmy registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Call Emmy terminates your membership or access to the Site on the basis of information in a background report, 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 Call Emmy does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Call Emmy) within the time period specified in your notice. Notwithstanding this, you agree that Call Emmy is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A SEEKER OR PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CALL EMMY TO PERFORM THESE PRELIMINARY MEMBERSHIP SCREENS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE PRELIMINARY MEMBERSHIP SCREENS TO BE PERFORMED, YOU SHOULD NOT USE CALL EMMY.
Call Emmy May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Provider or Seeker, and, if applicable to you as a Provider, subject to your additional authorization, you authorize Call Emmy, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Call Emmy reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in herein addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that Call Emmy may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Call Emmy.
You also hereby represent, understand and expressly agree that Call Emmy does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CALL EMMY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CALL EMMY.
Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Preliminary Membership Screens, and Verification Checks
Additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
In addition to legal and reporting system limitations of background checks, each check is performed with the authorization 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 candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, 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.
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 Call Emmy 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 Call Emmy has no obligation to perform Background Checks, Preliminary Membership Screens, or Verification Checks on any Registered Users. To the extent Call Emmy performs such checks on certain Registered 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.
Call Emmy reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Call Emmy Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Call Emmy, with or without notice, for any reason or no reason, in its sole discretion, including without limitation if Call Emmy should determine that you are not eligible to use the Services, have violated any terms stated herein, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Call Emmy shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, Call Emmy reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
Links To External Sites
Links from the Site to external sites or inclusion of advertisements and other third-party content do not constitute an endorsement by Call Emmy of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Call Emmy does not control such sites, and is not responsible for their content.
Payment And Refund Policy
In order to utilize some Call Emmy Services or product offerings, the user of such Services or product offerings must pay Call Emmy either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
Billing and Payment
To the extent you elect to purchase Services or product offerings we may offer for a fee, you authorize Call Emmy, or a third-party payment processor that works on our behalf, to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Call Emmy already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for Services are non-refundable and there are no refunds or credits for unused or partially used Services or Services cancellations.
Release of Liability for Conduct and Disputes
Call Emmy is not an employer of Providers. Any issues concerning the conduct of a Seeker or Provider including, without limitation, the services received by the Seeker, must be resolved directly by the Seeker and the Provider. Call Emmy will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands 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.
By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Call Emmy harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Seeker, Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Seekers, Providers or other users of the Site or the Services, particularly if you decide to meet offline.
In addition, you agree to visit the Call Emmy Safety Center at www.callemmy.com/safety prior to using the Service for additional helpful information. By using the Site or the Services, you agree to report any alleged improprieties of any users therein to Call Emmy immediately by notifying Call Emmy of the same via electronic correspondence.
Call Emmy is intended for people 18 or over. Call Emmy will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
Disclaimers; Limitations; Waivers; Indemnification
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Call Emmy, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
CALL EMMY 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 CALL EMMY; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CALL EMMY 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, CALL EMMY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A PROVIDER OR TO EMPLOY THE SERVICES OF A PROVIDER.
Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in Call Emmy's Safety Center at www.callemmy.com/safety when interacting with other site visitors or Registered Users.
Limitation of Liability
In no event will Call Emmy be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Call Emmy, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CALL EMMY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CALL EMMY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
No Liability for Non-Call Emmy Actions. IN NO EVENT WILL CALL EMMY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Call Emmy 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.
It is Call Emmy's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Call Emmy's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Call Emmy's agent for copyright issues relating to this Site is as follows:
In an effort to protect the rights of copyright owners, Call Emmy maintains a policy for the termination, in appropriate circumstances, of Registered Users and other users of this Site who are repeat infringers.
Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Call Emmy must be resolved exclusively by a state or federal court located in the State of Delaware. You and Call Emmy agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
Consent to Electronic Communication
By using the Site or Services of Call Emmy, you agree to allow Call Emmy to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Call Emmy via the Call Emmy Site, mobile application, online messaging platform, or e-mail. You also agree to check your Call Emmy account, alerts, and messages, and the e-mail account reflected on your Call Emmy on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If a court decides that any term or provision of these Terms, other than the Section titled “Prohibition of Class and Representative Actions and Non-Individualized Relief,” is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of the Section titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Terms will continue to apply.
If you have any questions or need further information as to the Site or Services provided by Call Emmy, or need to notify Call Emmy as to any matters relating to the Site or Services please contact Call Emmy at:
Call Emmy, Inc.
601 16th Street, Suite C251,
Golden, CO 80401
Agreement to Arbitrate
The remainder of these Terms shall be known as and referred to herein as the “Arbitration Agreement”. You agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Call Emmy or a Call Emmy Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CALL EMMY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND CALL EMMY EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST CALL EMMY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CALL EMMY USERS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Pre-Arbitration Dispute Resolution
Call Emmy is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via Hello@CallEmmy.com
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS's Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions herein. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against Call Emmy, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Call Emmy at Call Emmy Inc. 601 16th street, suite C251, Golden CO 80401. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Call Emmy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Call Emmy subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Call Emmy, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Call Emmy users, but is bound by rulings in prior arbitrations involving the same Call Emmy user to the extent required by applicable law.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Call Emmy will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Call Emmy will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Call Emmy for all fees associated with the arbitration paid by Call Emmy on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Call Emmy prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Call Emmy prior to the effective date of removal.