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©  2019 by  

Little Bunny Agreement, Waiver of Liability and Release

 

Effective Date : November 30th, 2018

 

PLEASE READ THIS AGREEMENT CAREFULLY , IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS YOUR USE OF OUR PLATFORM AND OUR SERVICES.

 

In consideration of your use of any of the little bunny services (defined below) provide by Millennial R&D, LLC.  We require that you (parent, family representative, guardian, contractor, employee) agree to all terms and conditions in this Little Bunny Agreement, Waiver of Liability, and Release(“Agreement”).

 

The services provided by Millennial R&D, LLC include (1) babysitting, (2) child care,(3) child doctor’s appointments, (4)guardianship,(5) chaperon (6) little bunny mobile applications, websites, all other related equipment, and information provided or made available by Millennial R&D, LLC for both customers (parents, guardians, family representatives) and contractors (employee, child care professionals and specialists), and (7) child oversee.

 

In addition to the Terms of Service, located at https://www.littlebunnykids.com/user-agreements-waiver-of-liability  https://www.millennials.tech/legal.  You expressly agreed to when you signed up for liTTLE bUNNY you should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that Millennial R&D, LLC wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen.  Capitalized terms have the meanings given to them where defined in this Agreement.

 

  • THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES.  FOR MORE DETAILS, PLEASE REFER TO SECTIONS BELOW.

  • At the pick-up of your child (children) your session must be terminated.  If the Session is NOT terminated properly, the session will continue, and You will continue to be charged.  The max charge for a single session for 1 child is $850 for 24 hours. The max charge for a single session for 2 children is $1200 for 24 hours. For more details, please refer to Section 2.3 below.

  • Upon conclusion of Your service, the you must pick-up your child(children).

  • All applicable laws (including, without limitation, those applicable to child care, and child services.) must be obeyed, including any helmet laws in Your area.

  • You must promptly report any damage, or incidents that puts or could potentially put kids’ lives in danger; any suspicious company that could cause unsafe situations to children or childcarer via email, text or mobile app.

 

1.  GENERAL USE OF THE liTTLE bUNNY PLATFORMS

 

1.1 Sole User:  The user and Millennial R&D, LLC are the only parties to this Agreement.  The requester or contractor/employee/child carer is solely responsible for compliance with all terms and conditions contained herein.  You understand that when You sign into liTTLE bUNNY, the application must be used only by you.  You must not allow others to use the platform to launch requests or accept requests on your account.

 

1.2  User is At least 18 Years Old. The user represents and certifies that she/he (user) is a least 18 years old.

 

1.3 User is Competent.  User represents and certifies that he/she (user) is familiar with and MENTALLY and physically fit to request and/or respond to requests using the liTTLE bUNNY mobile app and websites.  You can find materials and most asked questions provided on our website, here.  This information may be updated periodically.  By choosing to use the liTTLE bUNNY app and our website, the user understands and agrees that Millennial R&D, LLC and its associates do not assume responsibility for any unforeseeable, unfortunate events.  The user is our primary line of safety for both people and personal data and should determine best usage of our platforms in regard to privacy guidelines, here.

 

1.4  liTTLE bUNNY mobile app and websites are Exclusive Property of  Millennial R&D, LLC.  User agrees that the mobile app and other equipment or platforms interacting with it and the websites, at all times, remain the exclusive property of Millennial R&D, LLC.

 

1.5 Mobile App Online hours and availability.  The mobile app is 24 hours, 365 days available unless there is imminent online and/or offline attack that requires temporary shutdown as a way to deter the attack from spreading to other systems.  Millennial R&D, LLC reserves the exclusive right to shut down, block and/or inactivate any websites or mobile apps, user accounts that Millennial R&D, LLC determines could represent a threat or a safety concern.

 

1.6 User Must Follow Laws and Guidelines Regarding Child Treatment and Child Services.  User agrees to follow and abide by any laws pertaining to child treatment, Human Rights and childcare, including all local, state, Federal and International laws.

 

1.7  User Provided Content You agree that Millennial R&D, LLC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Millennial R&D, LLC account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Millennial R&D, LLC at any time, either by texting the word “STOP” to 89203 using the mobile device that is receiving the messages, or by contacting littlebunnykids.com/contact. If you do not choose to opt out, Millennial R&D, LLC may contact you as outlined in its User Privacy Statement, located at www.littlebunnykids.com/legal/privacy.

 

1.8 Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that Millennial R&D, LLC does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Millennial R&D, LLC does not endorse such third-party services and content and in no event shall Millennial R&D, LLC be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.

 

1.9 Access and Use of the Services User Accounts.  In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Millennial R&D, LLC certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Millennial R&D, LLC. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Millennial R&D, LLC in writing, you may only possess one Account.

 

1.10 Restrictions.  You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Millennial R&D, LLC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

1.11 No Tampering.  You must not tamper with or attempt to gain unauthorized access to, or otherwise use  Millennial R&D, LLC and platforms and websites for other than as specified in this Agreement.

1.12 Not a weapon.  You must not under any circumstances use the liTTLE bUNNY app to threaten, blackmail, play hide and seek or kidnap.  In which case, you would expose yourself to federal suits and fines.  Also, our team will have the right to track you, shutdown the app , even record you, and disclose your location and your identity with competent authorities.

 

1.13 Reporting of Incidences.  User must report any accidents, suspicious behavior for other users interacting through the app within 2 hours.  User agrees that she/he is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind of nature whatsoever related or due to lack of vigilance and proper judgement on the part of the user.

 

1.14 Personal Privacy.  You and you alone are liable if you share your personal information or your child's information with a child care specialist, child carer, or babysitter.  You should not share your and/or your child's sensitive material (SSN, Credit card number...)

 

1.5 Extensive background check for our contractor and child care specialists that you our app. Our contractors and child care specialists undergo extensive background checks, and mental examinations, regularly, up to once every trimester.

 

PLEASE CHECK AND MAKE SURE THAT YOUR CHILD'S MEDICAL INSURANCE IS ACTIVE  AND HIS MEDICAL INSURANCE POLICIES WILL PROVIDE COVERAGE FOR ACCIDENTS AND SICKNESS WHILE YOUR CHILD IS UNDER OUR CARE.  TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR MEDICAL INSURANCE COMPANY OR AGENT.

 

 

PAYMENT AND FEES

 

2.1 Fees.  User may use the mobile app on a pay per child, per hour on basis, or otherwise in accordance with the pricing described in the mobile application.  In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Millennial R&D, LLC.  Millennial R&D, LLC will charge the user (through credit or debit card or through another agreed payment method) the amount of the fees as described in this agreement.

 

2.2 Promo Codes.  Promo codes (discounts) are one-time offers and can be redeemed only via the liTTLE bUNNY App.  Millennial R&D, LLC reserves the right to modify or cancel discounts at any time.  Discounts are limited to one per customer and account and may not be resold.

 

2.3 Valid Credit Card or Debit Card.  To be registered to use the Little Bunny services, user must provide Millennial R&D, LLC with a valid credit or debit card number and expiration date.  User represents and warrants to Little Bunny Team that the user is authorized to use any credit or debit card user furnishes to Millennial R&D, LLC.  User authorizes Millennial R&D, LLC to charge the card for all fees incurred by user.  All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Millennial R&D, LLC.  If user disputes any charges on the user's credit or debit card account, then user must contact Little Bunny Team within 10 business days from the end of the month with the disputed charge.  The user agrees to immediately inform The Little Bunny Team of all changes relating to the card.

2.4 Difference in Fees Based on the time of the day.   The Little Bunny Team reserve the discretionary right to charge different prices for the same exact type of services depending on the time of the day and depending on the demand and the season.

 

2.5 Difference in Fees Based on the age of the Child. The Little Bunny Team reserves the discretionary right to charge different prices for the same type of service based on the age of the child, and /or the number of children

 

ADDITIONAL  USE

 

3.1 Safety Check.  Before accepting or dropping off your child make sure to conduct a child safe check.  Before using the mobile app, the user shall conduct a basic safety inspection of the mobile app, including making sure all the components are as described and that nothing is out of place.

 

3.2 Data Protection and privacy.  The user understands that they should not divulge private information to any third party directly except as described and/or through the mobile app or the website.

 

3.3 Lost or Stolen.  If you believe your phone to be lost or stolen, you are required to email or call our support team immediately to have your account deactivated  until you find your phone or buy a new phone. If someone gains access to your account, they can potentially make requests or pick up requests under your ID.

 

3.4 A childcare specialist  should not be required to drive or take children out for a play. Taking children out for a play or park with or without their parents’ consents is very discouraged, in case a parent or guardian wanted his children to be taken to the park, he/she should provide the childcarer with a waiver either verbal or written, both forms should be enforceable by law.  In this the parent is the sole responsible party.

 

3.5 Taking a child out for a walk or play without her/his parent approval is prohibited and rigorously prosecutable with federal and local laws.

 

TERMINATION

 

4.1  Termination by Millennial R&D, LLC and Affiliates.  At any time and from time to time, with or without the user's consent, Millennial R&D, LLC may unilaterally terminate the user's right to use the liTTLE bUNNY mobile app and/or website, in sole discretion and without any notice or cause .  The user may still be charged any applicable additional fees in accordance with this agreement .  This Agreement remains in full force and effective in accordance with its terms and conditions, after any termination of the user's right to use any of the Millennial R&D, LLC services, regardless of how the Agreement is terminated.

 

4.2  Confidentiality of the information; Privacy Policies.  You understand and agree that all personal information that is held by Millennial R&D, LLC and pertains to users, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Millennial R&D, LLC and/or by its partners in accordance with its privacy policy located at https://www.littlebunnykids.com/privacy/ 

 

4.3 License to Image and Likeness.  For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You do hereby knowingly, voluntarily, and irrevocably:(1) Give your full and unconditional consent to Millennial R&D, LLC and its affiliates, successors,  and assigns to use at any time and from to use at any time and from time to time, without any restriction, your appearance and voice in photographs, videos, and other recordings related to Your use of the liTTLE bUNNY services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Millennial R&D, LLC and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of Millennial R&D, LLC Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos and other recordings, as a work for hire for copyright purposes, and exploit at any time and from time to time and as Millennial R&D, LLC may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined  below in section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity infringement of copyright or violation of any right granted by You in this paragraph.

 

4.4  The liTTLE bUNNY team may be contacted by emailing to support@littlebunnykids.com.

4.5 Choice of Law; Dispute Resolution.  This Agreement is governed by and must be construed and enforced in accordance with, the laws of the State of Georgia, excluding principles of conflicts of laws.  For every dispute regarding this Agreement: (1) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial on appeal, or otherwise) incurred in resolving or settling the dispute in addition to all other damages or aware to which the party may be entitled; (2) each party consents to the jurisdiction of the courts of the state of Georgia and agrees that those courts have personal jurisdiction over each party; (3) venue must be in Atlanta, Georgia.

 

4.6 Binding Arbitration and Class Action Waiver PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TI FILE A LAWSUIT IN COURT.

 

4.7 Initial Dispute Resolution

User Support is available via the app to the address any concerns you may have regarding your use of our services and/or this Agreement.  The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

 

4.8 Binding Arbitration

if the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.  Specifically, all claims arising out of or relating to use of our service through liTTLE bUNNY application, this Agreement, and the parties' relationship with each other shall be finally settled by binding arbitration administered by AAA, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for AAA or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to receive all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement 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.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Millennial R&D, LLC will pay the additional cost.  The arbitration rules also permit you to recover attorney's fees in certain cases.  The parties understand that, absent this mandatory provision, they would have the right to sue in instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration in court.

 

4.9 Location

The arbitration will take place in Atlanta, Georgia or a mutually agreed upon location.

 

4.10 Changes

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Millennial R&D, LLC changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Millennial R&D, LLC written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, Millennial R&D, LLC / 211 Rimington Ln, Decatur, GA 30030 (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: legal@millennials.tech.  In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Millennial R&D, LLC in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

 

4.11 Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

 

4.12 Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Georgia and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

 

4.13 Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file class action or seek relief on a class basis. YOU AND MILLENNIAL R&D, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  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.

 

4.14 Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $50,000, Millennial R&D, LLC will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

4.15 Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, except publicity rights, or privacy). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

 

4.16 Rights to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: 211 Rimington Ln, Decatur 30030.

 

5. Changes to this Section

Millennial R&D, LLC will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period. 

For any dispute not subject to arbitration you and Millennial R&D, LLC agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Atlanta, Georgia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

 

6. Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

 

7. Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

 

8. Final Agreement; Modification by Millennial R&D, LLC. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without users’ consent, Millennial R&D, LLC may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the LiTTLE bUNNY Services after any amendment, modification, or change, Service Requester has agreed to be bound by all such amendments, modifications, and changes. User must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Millennial R&D, LLC will post a notification on the Website, and/or through the liTTLE bUNNY app. The pricing set forth on the Website or the liTTLE bUNNY App supersedes all pricing set forth in this Agreement.

 

9. Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

 

10. Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Millennial R&D, LLC. User acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

 

11. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.

 

In exchange for service requester being allowed to use our  Services, application system, and other equipment or related information provided by Millennial R&D, LLC, the User agrees to fully release, indemnify, and hold harmless Millennial R&D, LLC and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which The service requester utilizes Millennial R&D, LLC’s Services, and every property owner or operator with whom Millennial R&D, LLC has contracted to operate its Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to service requester’s use of the liTTLE bUNNY Services, facilities, websites, algorithms, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.

 

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to service requester or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the liTTLE bUNNY Services, including any of the websites, placement, equipment, maintenance, related information, this agreement or (b) service requester’s use of any of the foregoing.

 

To the fullest extent permitted by law, and as to the service requester’s use of any of the liTTLE bUNNY Services, Facilities, Websites, Vehicles, or related equipment, Millennial R&D, LLC and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Millennial R&D, LLC Services, and related equipment are provided “as is” and “as available,” and Service Requester relies on them at Her/His own risk.

 

Service Requester is aware that Service Requester’s use of any of the Millennial R&D, LLC Services, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to child(children), or death to Service Requester or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:

  • vehicles and other objects;

  • weather conditions;

  • failure to follow applicable laws

  • commission of any of the prohibited acts listed in Section 1.8;

  • failure to perform the required safety check

  • negligent acts or omissions by Millennial R&D, LLC, any other Released Person, Service Requester,  Child(Children) or third party.

 

Service Requester is solely and fully responsible for the child’s safety at all times. Service Requester agrees that there is so much uncertainty   and danger cannot always be predicted, even if the standard legal required procedures are followed.  Service Requester assumes full and complete responsibility for all related risks, dangers, and hazards.

 

To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Millennial R&D, LLC, the Released Parties, any Municipality or any other party. Service Requester hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Service Requester does not know or suspect to exist in his or her favor at the time of use of liTTLE bUNNY Services, and expressly waives User ‘s rights under any statutes that purport to preserve User’s unknown claims.


Addendum for our Service Program

The following terms apply with respect to the request for our service under our service program and childcare laws. With respect to Personal Rentals, the terms of this Addendum shall take priority over any inconsistent or contradictory terms in the Agreement. All other terms of the Agreement shall apply. 

1. General. Under our service program, You may schedule our services on an extended basis, such as on a weekly or monthly basis. Except as specified in this Addendum, You are responsible for drop-off and pick-up of your child(children) to and from the babysitter’s convened location.  You are responsible for your child’s health and safety beyond the normal assumption of responsibility when the child is in the babysitter’s custody.  You are ultimately responsible for your child because you are and will always be the sole decider on when how and who cares for your child. 

2. Availability.  Our services and programs may only be available in select markets and for select time periods, in Millennial R&D, LLC’s discretion. We  may suspend or terminate the program at any time. 

3. Drop-off & Pick-Up.  For in-home service requests, the drop off place is considered the customers home.  The babysitter will go to the customer’s home where she/he will deliver the service.  For requests made for outside, the babysitter’s home, business (Daycare), our designated drop-off locations will be considered as drop-off locations.  At each drop of, the customer will be required to confirm the drop-off by entering a one-time passcode.   For in-home services, once the service is completed the babysitter or childcare specialist should leave the customer’s home.  Customers are required to pick up their child(children) at the convened time and pick-up location.  There is a discretionary 30 minutes grace period to allow the customers to extra time to pick-up their child(children).  After this period if the customer has not picked up the child(children) she /he will be charged the normally regardless of the grace period.


4. Reviews
a. You should report any suspicion of abuse of unlawful behavior or other functional impairment of through the liTTLE bUNNY App. Our team will review the information you provide and may request additional information.  After review, Millennial R&D, LLC may, in its discretion, might launch an investigation to make a conclusive determination on your review.  During the investigation  you might be asked to provide and file a report with local law enforcement. You might also be asked to testify.
b. Millennial R&D, LLC reserves the right to sue you if it has been determined that ulterior motive was the cause for your negative review on our babysitters, our platform or our organization as a whole.

5. Fees. Additional fees can be incurred when a customer is late on a  pre-booked(service booked at least 2 hours before the start time); customers could also pay late fees when they show up more than 30 minutes late to pick their child(children); Cancelation fees can also be applied discretionarily on pre-booked services that are cancelled 60 minutes before start time.  Fees shall be as specified in the liTTLE bUNNY App and are non-refundable. Fees will be charged beginning on the date and time the service is started or scheduled to start. Fees may continue on a recurring basis until the session is cancelled or otherwise terminated.   Millennial R&D, LLC reserves the discretionary right to waive fees and extra charges incurred and shall not under any circumstances be required to do so.

 

USER ACCEPTANCE OF AGREEMENT

 

I certify that I have read and expressly agree to the terms and conditions of Section 11 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the child safety procedures and legal requirements federal and State  and am reasonably competent and have legal jurisdiction, custody or transferred custody over the child(children).

 

I am 16 years old or over, I will obey the laws in regard to childcare and related services of the country where I use and / or operate liTTLE bUNNY services.  I have read and expressly agree to the terms and conditions set forth in this Agreement.