Care.com HomePay

Breedlove & Associates LLC (“Breedlove”) Terms of Use

Last Updated: 01/20/2016

These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the Breedlove Site and/or the Breedlove Services (described below).

For purposes of these Terms, the "Site" shall mean www.myHomePay.com, and related sites including www.myHomePay.com, and the "Services" shall mean any of the various services that Breedlove provides through the Site or any other channels, including over the telephone or through e-mail.

  1. Services; Your Responsibilities
    1.1 Breedlove Services

    Breedlove offers, with your authorization, various household employer payroll, tax, and compliance Services, including, among others, the following:

    • Payroll Management: If you are a household employer, Breedlove will arrange for or facilitate the payment of your employee, at your election, through direct deposit or paycheck. Breedlove will also calculate and inform you about applicable tax withholdings or payments that need to be made for each relevant pay period.
    • Establishment of Tax Accounts: Breedlove will establish your employment tax accounts with federal and state tax authorities based on the information you provide us. If you notify us of any changes to your status as an employer, we will reexamine your situation to determine if you are subject to any new tax responsibilities or if any former liabilities have ceased.
    • Tax Filings: Breedlove will keep track of both your employee’s tax withholdings and your accrued employer taxes. In addition, Breedlove will (1) determine which federal and state tax returns you must file as an employer, (2) monitor when and where the returns must be filed, (3) obtain the necessary tax forms, (4) prepare the tax returns, (5) file the tax returns on your behalf, and (6) maintain general record keeping.
    • Tax Remittance: Breedlove will inform you about the relevant taxes due and remit, on your behalf, the tax dollars to the various tax agencies.

    Our Services continue to grow and change. Please refer to our Site for additional information about these Services.

    1.2 Your Responsibilities
    • Payment of Taxes/Filling of Tax Returns. As the employer, you are obligated to pay any tax or other related payments to the appropriate tax agencies, and, by purchasing tax preparation and filing Services, you authorize Breedlove to remit such payments on your behalf. Breedlove will calculate and inform you of the amount that you are legally obligated to pay. You are responsible for reviewing copies of the tax return(s) which will be filed by Breedlove, on your behalf, directly with the federal and state tax agencies.
    • Report Payroll Changes. Breedlove will produce, for each pay period, your employee’s payroll using her/his standard pay amount and we will post the payroll for your review at https://www.myHomePay.com. If you need to report a payroll change from the standard amount, it is your responsibility to modify the payroll by the payroll reporting deadline. Payroll changes must be reported (1) online at https://www.myHomePay.com, (2) by phone call, (3) by e-mail, or (4) by facsimile. Payroll changes will not be accepted by any other means.
    • Accurate Information/Compliance with Laws. It is your responsibility to provide Breedlove with accurate information when becoming a Registered User or using the Services as described more fully in Section 2.2 below. You also have an obligation to comply with all laws applicable to you as a household employer.
    • Report Other Changes and Service Cancellation. It is your responsibility to notify Breedlove, in writing, online, by e-mail or by telephone if there are any other changes in our account. This includes information about you (e.g. address change, new bank account) and your employee (e.g. pay change, new marital status, address change, termination of employment, new hire). If you no longer require our services, you must notify us in writing, online, by e-mail or by telephone.
  2. Eligibility to Use the Site and Services; Representations and Warranties
    2.1. Eligibility

    The Site and the Services are currently available only to individuals who are eighteen (18) years of age or older and are legally in the jurisdiction of the United States. You must not be a competitor of Breedlove or use our Services for reasons that are in competition with Breedlove.

    2.2. Representations and Warranties

    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 any and all information that you provide to Breedlove in connection with your registration on the Site or your use of the Services shall be complete, true, and accurate in all material respects (it being understood that Breedlove’s ability to provide the Services is contingent upon the completeness, truthfulness, and accuracy of all such information). You agree to indemnify and hold harmless Breedlove and its affiliates from and against any and all fines, losses, or other damages resulting from a breach of the foregoing warranty.

  3. Prohibited Uses

    By using the Site or Services of Breedlove, 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 unlawful purpose, for any purpose not expressly intended by Breedlove or for the promotion of illegal activities;
    • attempt to, or harass, abuse or harm another person or group;
    • use another person's Breedlove account;
    • provide false or inaccurate information when registering an account on Breedlove, or using the Services; interfere or attempt to interfere with the proper functioning of Breedlove’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;
    • publish or link to malicious content intended to damage or disrupt another user's browser or computer.

    Further, in order to protect the integrity of the Site and the Services, Breedlove reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

  4. Verification Checks

    Breedlove May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

    By registering on the Site, you authorize Breedlove, and acknowledge that for purposes of promoting the safety and integrity of its Site and Services, Breedlove reserves the right to utilize third party sources and service providers, including, without limitation, database providers, to verify on an ongoing basis that your registration and employee data is accurate and that the representations and warranties in Section 2.2 above are also true ("Verification Checks"). You agree that Breedlove 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 registration or account, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Breedlove.

    You also hereby represent, understand and expressly agree that Breedlove 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.

    BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW BREEDLOVE TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

  5. Termination of Registration/Use of Services

    Should Breedlove determine that you are not eligible to use the Services, have violated any terms stated herein, have failed to pay our fees when such fees are due, or are not suitable for the Site or Services, Breedlove reserves the right, at its sole discretion, to immediately terminate your access to all or part of Breedlove Site and/or to terminate your use of the Services.

  6. Privacy

    Breedlove will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

  7. Links To External Sites

    Links from the Site to external sites (including external sites that are framed by Breedlove or inclusion of advertisements do not constitute an endorsement by Breedlove 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 advertisements, 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. Breedlove does not control such sites, and is not responsible for their content. Just because Breedlove has hyperlinks to such sites does not mean that Breedlove endorses any of the material on such sites, or has any association with their operators.

    Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Breedlove's Terms of Use and Privacy Policy. Breedlove expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Breedlove harmless from any liability that may result from the use of links that may appear on the Site.

  8. Pricing - Payment and other Authorizations.

    Breedlove’s fees for the Services consist of a onetime set up fee and certain quarterly and/or year end fees that are charged to customers based on the nature of the Services ordered. Breedlove reserves the right to modify such fees and other pricing terms at any time at its sole discretion. Changes in pricing made during a calendar quarter with respect to ongoing Services shall apply to all such Services rendered during the quarter and shall be invoiced following the end of such quarter in arrears.

    To purchase the Services you will be required to complete certain tax application documentation and, if making payments through bank withdrawals, authorize Breedlove to debit your bank account in accordance with the terms of the Services purchased. In order for an employee of yours to be paid via direct deposit, we also require authorization to credit such employee’s bank account.

    Quarterly fees cover payroll and tax preparation services during the quarter for one employee and are collected within seven days after the end of the calendar quarter. Standard quarterly fees apply to all quarters in which retroactive tax returns are prepared. Extra quarterly fees apply for each additional employee with wages during the quarter, local tax processing and monthly filing obligations. The year-end fee covers preparation of your federal and state tax returns which, unless otherwise specified, are due annually. Unless otherwise specified, the year-end fee is collected within seven days after the end of the calendar year. Other applicable fees are invoiced as incurred. Automated billing will continue until we receive your service cancellation request by e-mail or telephone.

    Some Services may be bundled with other services supplied by our parent company, Care.com, Inc., in which case different pricing terms may apply (it being understood that any services provided by Care.com, Inc. are subject to separate terms and conditions to which you must agree) In addition, if you order certain Services (i) that are subsidized by your employer and/or offered through a benefits program with your employer, or (ii) that are offered through an agency through which you found a care provider, different pricing terms may apply.

  9. Disclaimers; Limitations; Waivers; Indemnification

    9.1. No Warranty

    Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Breedlove, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREEDLOVE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIRD PARTY 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 BREEDLOVE; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, OR ALWAYS AVAILABLE; 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, BREEDLOVE EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.

    9.2. Limitation of Liability

    Incidental Damages and Aggregate Liability. To the extent permitted by applicable law, in no event will Breedlove 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, or in connection with any termination of your registration or account, 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 Breedlove, or representatives thereof, are advised of the possibility of such damages, losses or expenses. To the extent permitted by applicable law, under no circumstances will Breedlove’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 are a Site Visitor and have not purchased any Services, the amount of Twenty-Five United States Dollars ($25.00).

    9.3. Indemnification

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

  10. Agreement to Arbitrate

    10.1 Agreement to Arbitrate

    This Section 10 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and Breedlove or a Breedlove 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.

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

    YOU AND BREEDLOVE 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 ACTION OR PROCEEDING. UNLESS BOTH YOU AND BREEDLOVE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS 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 BREEDLOVE USERS.

    10.3 Pre- Arbitration Dispute Resolution

    Breedlove 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 email at clientservice@myHomePay.com or by mail at Breedlove & Associates LLC., c/o Care.com, Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham, MA 02451.

    10.4 Arbitration Procedures

    Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 9. 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 Breedlove, you must complete a short form, submit it to the AAA, and send a copy to Breedlove at Breedlove & Associates, LLC, c/o Care.com, Inc. Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham, MA 02451. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. 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 Breedlove may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Breedlove 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 Breedlove, unless the arbitrator requires otherwise.

    The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, 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 Breedlove users, but is bound by rulings in prior arbitrations involving the same Breedlove user to the extent required by applicable law.

    10.5 Costs of Arbitration

    Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's 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, Breedlove 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, Breedlove 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 Breedlove for all fees associated with the arbitration paid by Breedlove on your behalf that you otherwise would be obligated to pay under the AAA's rules.

    10.6 Confidentiality

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

    10.7 Severability

    If a court decides that any term or provision of this Arbitration Agreement other than Section 10.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 10.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.

    10.8 Opt-Out Procedure

    You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Breedlove & Associates, LLC, c/o Care.com, Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham MA 02451. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Breedlove account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

    10.9 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, that change shall not apply to any claim that was filed in a legal proceeding against Breedlove 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 Breedlove prior to the effective date of removal.

  11. Governing Law and Jurisdiction

    These Terms, and any dispute between you and Breedlove, shall be governed by the laws of the State of Texas without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 10, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement in Section 10 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Breedlove must be resolved exclusively by a state or federal court located in the State of Texas. You and Breedlove agree to submit to the personal jurisdiction of the courts located within the State of Texas for the purpose of litigating all such claims or disputes.

  12. Consent to Electronic Disclosures and Communications

    By using the Services, you consent, with respect to any current and future notices and/or disclosures that Breedlove is required to make to you under applicable laws (or which Breedlove otherwise elects to make available to you), to receive such information electronically, including without limitation, certain information about our Privacy Policy. To receive such notices and disclosures you must have (i) a valid e-mail address, (ii) a device with a working connection to the internet, (iii) a web browser that supports encryption with cookies enabled, (iv) software capable of opening documents in .pdf format, and (v) sufficient storage to receive and save - or the ability to print - such information. By using the Services you represent and warrant that you meet the foregoing requirements, and that Breedlove shall have no liability as a result of your failure to do so. You may withdraw your consent to receive such electronic notices and disclosures, and you may also request to receive a paper version of such communications, in each case by mailing the request to Breedlove & Associates LLC, P.O. Box 41690, Austin, TX 78704-0029. However, if you withdraw consent, Breedlove shall have the right to terminate your registration and ability to use the Services. In addition, if you request paper copies, Breedlove reserves the right to charge a reasonable fee to cover the costs and administration of such request, Nothing herein shall prevent Breedlove from providing required notices and disclosures in writing and paper form at its sole election.

  13. Miscellaneous

    Nothing in this Agreement shall be construed as making either party the partner, joint venturer, 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. In the event a term or provision is determined to be 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. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

  14. Contact Information

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

    Breedlove & Associates LLC, P.O. Box 41690, Austin, TX 78704-0029.