Terms of Use

Effective November 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. YOUR USE OF THIS WEB SITE CAREGIVERS.COM AS WELL AS ALL OTHER WEB SITES OWNED AND/OR OPERATED BY SENIORADVISOR.COM (INDIVIDUALLY AND COLLECTIVELY, “SITE” OR “SITES”)) AND/OR THE SERVICES PROVIDED BY CAREGIVERS.COM, A DIVISION OF SENIORADVISOR.COM, THROUGH OR IN CONNECTION WITH THE SITES  IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITES AND/OR THE SERVICES.

 

The Sites and the Services are provided by Caregivers.com, a division of SeniorAdvisor.com.  The Terms of Use apply to your access to, and use of, the Sites and/or the Services, so please read them carefully. We reserve the right to change or modify any of the Terms of Use, the Sites, and/or the Services at any time. If we decide to change our Terms of Use, we will post a new version on the Sites and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, regardless of whether we provide you with any specific notice of such changes or modifications.  Your use of the Sites and/or the Services following the posting of changes or modifications to the Terms of Use will constitute your acceptance of the revised Terms of Use. Therefore, you should review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites and/or Services. If you do not agree to the amended terms, you must immediately stop using the Sites and/or Services.

 

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN CLASS ACTION WAIVER, WAIVER OF RIGHT TO JURY TRIAL, AND A MANDATORY AND BINDING ARBITRATION CLAUSE.  THESE AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH CAREGIVERS.COM.  PLEASE READ IT.

 

Your access to, and use of, the Sites may also be subject to any legal notices or additional terms and conditions applicable to the Sites and/or Services, in addition to these Terms of Use, (“Additional Terms”). Where Additional Terms apply to the Services, the Additional Terms will be accessible for you to read through your use of the Services and/or provided separately. These Terms of Use, together with the Additional Terms, form a legally binding agreement between you and Caregivers.com in relation to your use of the Sites and/or Services. It is important that you take the time to read them carefully. If there is any contradiction between what the Additional Terms say and what these Terms of Use say with respect to the Services, then the Additional Terms shall take precedence in relation to that Service.

To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.

 

Our ServicesCaregivers.com offers various services for Site visitors and members (the following is collectively, the “Services”): (i) we help  visitors and members find and coordinate non-medical, in-home personal care for seniors (those seeking senior care services, “Care Recipient” or “Care Seekers,” when the Care Recipient has authorized someone to seek Services on their behalf; “Care Recipient” and “Care Seekers” may be used interchangeably in these Terms of Use ); and  (ii) we help certain other visitors and members find opportunities to provide care, including post their profiles and apply for opportunities to provide care (individuals who provide care services, “Care Companions”).

 

Limitations on the Services.  Our Services are intended to help visitors and members find and coordinate non-medical, in-home personal care for seniors. We do not employ any Care Companions.  Care Seekers using the Site make the decision whether to use the services of any Care Companion.  Caregivers.com does not control the type, frequency or nature of the services to be performed by the Care Companion, nor does Caregivers.com set or control the standards, schedule, timeliness, or legality of the services delivered by Care Companions, nor the actions of Care Seekers or Care Companions. We do not control the decision to engage or employ a Care Companion or Care Seeker, nor do we refer or recommend either Care Seekers or Care Companions, or make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Care Companions or the integrity, responsibility or actions of Care Seekers or Care Companions whether in public, private or offline interactions.  Any screening of a Care Recipient or Care Companion and his/her information by Caregivers.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s suitability as a Care Companion, or an individual’s willingness or ability to pay for any services received by a Care Companion.  Care Seekers ultimately are responsible to verify whether the credentials of each Care Companion are acceptable, and are solely responsible for interviewing and selecting a Care Companion for themselves or their family.  The care services are provided solely by the Care Companions, and Caregivers.com itself does not provide or warrant the care services.

 

The Caregivers.com directory, mobile application and Caregivers.com Home Care Coordinator staff provide access to Care Companions, Care Seekers and Care Recipients.  In providing these Services, neither we, nor our respective employees are making a referral to, or endorsing, any individual nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.

 

No Professional AdviceAll information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Caregivers.com expressly disclaims, and you expressly release Caregivers.com from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Sites and/or Services. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.

 

Privacy and Consent to CommunicationsWe provide a Privacy Policy that sets out how we collect and use your personal information collected from the Sites. Please review our Privacy Policy to which you should refer to fully understand how we collect and use personal information; your use of the Sites and/or Services will constitute your acceptance of the terms and conditions of the Privacy Policy. By filling out any forms on the Sites or providing information to us, you expressly consent to being contacted by us and/or the Care Companion, whether by phone, mobile phone, email, mail or otherwise. If you are a customer or potential customer of the Services, you authorize us to provide the information that you provided us and related information we may receive from third parties to the Care Companions for the purpose of providing Services. Such authorization shall continue in effect until you have withdrawn your consent by requesting that we no longer provide you Services; provided that we may continue to refer to and/or disclose your information when communicating with a Care Companion as necessary for our normal related business practices until such matters are closed.

 

Recorded Telephone Communications. Telephone communications between You and Caregivers.com may be recorded or monitored for quality control purposes.  By filling out any forms on the Sites or by providing information to us, you expressly consent to the recording of these telephone communications.

 

Consent to Automatic Telephone Dialing System.  You agree to be contacted by us and other partners to explore options at the telephone number you have provided. You agree we and other partners may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number provided, even if you previously registered on a Do Not Call registry.

 

Consent to text messages.  You consent to the receipt of calls to your mobile phone number and text (SMS) messages from both Caregivers.com, the Care Companions who are providing Care Services, the Care Seeker, and the Care Recipient. Standard voice and data charges from your phone carrier may apply to these calls and texts.

 

Use of Sites; Limited License. You are granted a limited, non-sublicensable license to access and use the Sites and all content, data, information and materials included in the Sites (the “Site Materials”) solely subject to the terms and conditions set forth in the Terms of Use. You will not use the Sites or any of the Site Materials other than for their intended purpose or in any way that is unlawful or harms Caregivers.com. Any use of the Sites or the Site Materials other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Caregivers.com at any time.

 

No Unauthorized Access of and/or Use of the Sites and/or Services. The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following:

  • Using the Sites for commercial purposes.
  • Conducting or promoting any illegal activities while using the Sites or Services.
  • Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, Caregivers.com’s computer and/or telecommunication systems or data.
  • Interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites.
  • Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Sites content.
  • Engaging in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites or use web “bots” or similar data gathering or extraction methods for such purposes.
  • Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites.
  • Using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).
  • Using the Sites and/or Services to stalk, harass or harm another individual.
  • Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
  • Uploading, distributing or printing anything that may be harmful to minors.
  • Mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the display of its pages.
  • Engaging in any other action in any way that is unlawful or harms Caregivers.com.

 

Intellectual Property Ownership. All trademarks, service marks, and trade names are proprietary to Caregivers.com and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks and other intellectual property contained in the Sites, vest solely in Caregivers.com and its licensors. The Caregivers.com name, and any Caregivers.com products and services, slogans or logos referenced herein on the Sites are trademarks of Caregivers.com in the United States and/or other countries. The names of actual third party companies and products mentioned in the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

 

Eligibility to Use the Site and Services.  To be eligible to use our Services, you must meet the following criteria:

  • You are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
  • You must be legally in the jurisdiction of the United States.
  • Care Companions must be permitted to legally work within the United States.
  • Care Companions may not have 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, or negligence, or (ii) registered, or currently required to register, as a sex offender with any government entity.
  • Care Companions must consent to and comply with the Background Check Section below.

 

Account SecurityOn certain portions of the Sites, you will be provided with a password and user identification to use the Sites.  You are responsible for maintaining the confidentiality and security of any password connected with your account.  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. If you communicate with us over the phone or in person, such as by ordering or changing services, providing information, or rating or reviewing a Care Companion, you authorize us to update your account on your behalf.

 

If you create an account through this Site, you submit personal information about yourself (and where applicable, the Care Recipient).  Such information may include name, address, mobile phone number and age, as well as information about the Care Recipient that may be relevant to the Care Services, such as physical or mental condition, preferences, diet, etc. You agree to provide accurate, complete and up-to-date information. We may provide the information you give Caregivers.com to any Care Companion who provides care services. Your usage of the Site and Services is subject to our Privacy Policy.

 

Payment and Processing of Fees for Services. Caregivers.com may participate in the interaction between Care Companions and Care Seekers to process payments on behalf of Care Companions and collect payments from Care Seekers/Care Recipients. Caregivers.com does not provide any healthcare billing services. Any disputes related to the services received by Care Seeker or payment due to Care Companion must be resolved directly between the Care Seeker and Care Companion.

 

You agree to keep a current credit card on file with Caregivers.com at all times. We will charge your credit card according to the rates for Care Services published on our Site and Services or communicated to you by Caregivers.com on the telephone or in person. All published rates are inclusive of the fees of the Care Companions for the Care Services and Caregivers.com’s fees for usage of the Site and Services (“Service Fees”). All Service Fees are due immediately upon completion of the scheduled Care Service appointment and you hereby authorize Caregivers.com to charge the credit card on file following completion. We retain the right to place a hold on your credit card for an ordered or completed Care Service appointment.  Caregivers.com reserves the right to correct any errors in the payment of Caregivers.com fees even if it has already requested and/or received payment. Care Seeker will remain responsible for the Caregivers.com fee and any other applicable fees in connection with any refund or chargeback of a Care Companion’s payment. Caregivers.com may use third party payment processing services to process bank account information and ACH transfers. Caregivers.com expressly disclaims any and all liability for any claims or damages related to Caregivers.com’s use of third party payment processing services and ACH transfers, including without limitation any damage that may result should any such information be released to any third parties.

 

Service Fees do not include any reimbursement costs or expenses associated with the Care Services, such as food for the Care Recipient or costs associated with any outing. Payment or reimbursement arrangements for those expenses must be made between the Care Seeker and the Care Companion directly.

 

Background Checks.  Caregivers.com may order and use background checks about you. By using the Site or Services as a Care Companion, you hereby acknowledge and agree that Caregivers.com 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 checks on you (“Background Checks”) for the purpose of protecting the safety and integrity of our Site and our Services. Caregivers.com may order these checks when you register with Caregivers.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a background check, etc.). You understand and agree that Caregivers.com may review the information provided by the third party consumer reporting agency and that Caregivers.com retains the right to decline to establish or continue your access or account, or to terminate your access or account based on the information it receives from these checks, even if such information was subsequently dismissed or overlooked. If Caregivers.com terminates your account 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.  You hereby represent, understand and expressly agree that Caregivers.com 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 Caregivers.com) within the time period specified in your notice. BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW CAREGIVERS.COM TO PERFORM THESE BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CAREGIVERS.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.

 

Release of liability for use of results of background checks. Care Seekers acknowledge that Caregivers.com has no obligation to perform background checks. To the extent Caregivers.com performs such checks on certain Care Companions, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information that the Care Companions have provided.  If you decide to use or access information included in a background or verification check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of background check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database. 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 indemnify and hold harmless Caregivers.com from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Caregivers.com does not assume and expressly disclaims, and you hereby agree to release Caregivers.com from, any loss, liability, damage, or costs that may result from the use of information provided in a background or verification check report including, without limitation, the inaccuracy or incompleteness of any such information.

Transportation related to providing care services to Care Recipient.   If the Care Recipient has selected transportation services in the Care Recipient’s car, the Care Recipient understands that the Care Companion will drive the Care Recipient’s car and the Care Recipient represents he/she has all necessary insurance to cover any accidents or liability that may occur. If the Care Recipient has selected transportation services in the Care Companion’s car, the Care Recipient understands that the Care Recipient will ride in the Care Companion’s personal car as a passenger of the Care Companion.

Gratuities.  The Service Fees are intended to fully compensate Care Companions for the care services provided. Caregivers.com does not designate any portion of the Care Seeker’s payment as a tip or gratuity to the Care Companion. While Care Recipients are free to provide additional payment as a gratuity to any Care Companion, Care Recipients are under no obligation to do so. Gratuities are voluntary and arrangements for their payment must be made outside of the Site and Services. The Care Companions and Care Recipients are responsible for determining whether any gratuity is reportable to any taxing authority and for making such report.

Ratings and Reviews.  Whenever the Care Seeker or the Care Recipient is asked to provide ratings or reviews of the Care Companion, the Care Seeker or the Care Recipient agrees that all ratings and reviews will represent the independent, honest and genuine opinion of the person providing the rating or review.

 

Resolution of disputes between the Care Companion and the Care Recipient/Seeker.  In the event that a Care Recipient complains about the quality of the services rendered, theft, or any other problem occurring in or on the premises where the Care Companion rendered service, it is the sole responsibility of the Care Recipient to resolve the matter directly with the Care Companion. Care Companion, Care Seeker, and Care Recipient releases Caregivers.com, its owners, officers, directors, employees and agents from any and all liability and/or damages claimed or incurred in relation to or as a result of the Care Companion’s provision of services pursuant to this Agreement.

 

When You provide Content to the Site and/or Services Content includes information and materials posted to the Site or through the Services by you. You are entirely responsible for each individual item of Content that you post, email or otherwise make available on the Site or the Services. You represent and warrant that you will not post or use any Content in any manner that violates the privacy, publicity, or other rights of third parties, including other visitors or members; violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising; nor is discriminatory, false, or harmful in any way as determined by us in our sole discretion.

 

Hyperlinks to External Web Sites. The Sites may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, Caregivers.com is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of External Web Sites.

 

When you leave the Site, you should be aware that our Terms of Use and our Privacy Policy do not apply to your use of External Web Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Web Sites to which you navigate from the Site. Your use of and dealings with the owners or operators of these External Web Sites are at your own risk, and you agree not to make any claim against Caregivers.com arising out of your use of these External Web Sites.

 

Third Party Products and Services. We may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links or referrals to third-party products or services on the Sites (“Third Party Products and Services”). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.   Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.  You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites.

 

DisclaimerTHE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. CAREGIVERS.COM AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, CAREGIVERS.COM IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY CARE COMPANION, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM CAREGIVERS.COM OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. CAREGIVERS.COM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, CAREGIVERS.COM DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL CAREGIVERS.COM BE LIABLE TO ANY PERSON FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF CAREGIVERS.COM.

 

Limitation of Liability.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAREGIVERS.COM OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification. You agree to indemnify and hold Caregivers.com and the Associated Parties harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Sites and/or the Services or your violation of our Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.

 

TerminationWe may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.

 

Changes to the Sites and/or ServicesWe reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.

 

Governing Law and Forum SelectionThe Terms of Use are construed under the laws of the State of Washington, without reference to its conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to the Sites and/or Services can be filed only and exclusively in a state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Sites and/or Services. You hereby knowingly, voluntarily, intelligently, and irrevocably waive any available affirmative defenses under federal law or any states’ laws to venue and jurisdiction in Seattle, Washington, including without limitation improper venue, forum non conveniens, lack of in personam jurisdiction, and all related defenses. You further agree that this forum-selection clause shall apply to any and all claims under federal law or any states’ laws and that arise from or relate in any way to the Sites and/or Services, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class.

 

Class Action Waiver.  For disputes arising between Caregivers.com and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.   If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then this Section shall cease to have effect, however, the remaining portions of the Terms of Use will remain in full force and effect.

 

Waiver of Right to Jury TrialYOU HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND IRREVOCABLY WAIVE YOUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR IN ANY MANNER RELATING TO THE TERMS OF USE AND/OR CAREGIVERS.COM’S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any states’ laws and that arise from or relate in any way to the subject matter of the Terms of Use and/or our performance, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class. You expressly acknowledge that this provision is an essential aspect of the bargain embodied by the Terms of Use.  If a court decides that this “Waiver of Right to Jury Trial” subsection is not enforceable or is invalid, then this Section shall cease to have effect, however, the remaining portions of the Terms of Use will remain in full force and effect.

 

Claims Subject to Mandatory and Binding Arbitration.  Subject to and without limiting the Governing Law and Forum Selection section, you expressly agree that any claim or cause of action that arises from, relates to, or has connection with the Sites and/or Services shall be adjudicated exclusively and finally by arbitration in Seattle, Washington, administered by the American Health Lawyers Association Alternative Dispute Resolution Service under its Rules of Procedure for Arbitration (available at http://www.healthlawyers.org). The arbitration award shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as required by applicable law, you knowingly, voluntarily, intelligently, and irrevocably waive any right to appeal from the arbitration award, including but not limited to any appeal from any judgment entered on the arbitration award or any order based thereupon. YOU EXPRESSLY AGREE THAT ANY CLAIM OR CAUSE OF ACTION THAT IS SUBJECT TO ARBITRATION UNDER THE TERMS OF USE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER EXPRESSLY AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If a court decides that this “Mandatory and Binding Arbitration” subsection is not enforceable or is invalid, then this Section shall cease to have effect, however, the remaining portions of the Terms of Use will remain in full force and effect.

 

Waivers Not Applicable in Washington State. To the extent such provisions are not allowed or we otherwise state in writing to you that such provisions of the Terms of Use are not intended by us to apply to you, waivers of liability and rights by certain individuals do not apply under Washington State law and therefore the waivers of liability and rights set out in the Terms of Use may not apply to you if you are a Washington State resident or to the extent you are seeking Services in Washington State.

 

Copyright Infringement NoticesIf you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to SeniorAdvisor.com, Attn: General Counsel, 7756 Northcross Drive, Suite 101, Austin, TX 78757. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.

 

General TermsIf any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in effect. You may not assign the Terms of Use, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Terms of Use constitute the entire agreement between you and Caregivers.com with respect to the Sites and Services.