Effective: October 23, 2017
For purposes of these Terms, the “Site” shall mean www.HomeCare.com and any other HomeCare.com branded websites, web pages, mobile applications and mobile websites operated by HomeCare.com, Inc., and the “Services” shall mean any of the various services described below under the heading “Overview of Services” except as limited under the heading “Limitations on the Services,” that HomeCare.com provides through the Site or any other channels, including over the telephone. The terms “Site” and “Services” also include HomeCare.com’s mobile application and the services offered through that application. HomeCare.com may be referred to in this Agreement as “we” or “us.”
Please read these Terms before using the Site or the Services. By scrolling to the bottom of this page and clicking “I agree,” you hereby represent, warrant, and understand that you agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
In the event HomeCare.com modifies these Terms, such modifications shall be binding on you only upon your acceptance of the modified Terms, as evidenced by your scrolling to the bottom of a window containing the modified Terms and clicking “I agree.” The date on which you click “I agree” shall be the effective date of the modified Terms between you and HomeCare.com. However, no such modification shall apply to an arbitrable dispute of which you and HomeCare.com had actual notice on or before the effective date of the modified Agreement. Unless material changes are made to the Arbitration Agreement herein, you agree that any modification of this Agreement does not create a renewed opportunity to opt out of said Arbitration Agreement (if applicable). If you choose to register on the Site and provide your email address, HomeCare.com will use its best efforts to email you about changes we believe are significant concerning the use of the Site or these Terms.
These Terms contain an Arbitration Agreement, which will, with limited exception, require a user to submit claims against us to binding and final arbitration. A site user who does not wish to agree to arbitration must opt out of arbitration within 30 days after the date the user accepts these terms for the first time. Failure to opt out means in part that: (1) you will only be permitted to pursue claims against HomeCare.com in arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. If you do not opt out of arbitration both you and HomeCare.com consent to arbitration of covered claims.
HomeCare.com offers various Services for Users: (i) we help certain users (individuals and entities who provide care services, or “Care Providers”) find opportunities with clients seeking in home care, post their profiles, and apply for jobs with corporate care providers; (ii) we help some of our users (those seeking Care Providers, or “Care Seekers”) find qualified Care Providers; and (iii) we also permit corporate care providers seeking Care Providers to supplement their staffing services to post jobs on the Site. As used herein, the terms “you” and “your” include any individual who accesses the Site or the Services and, when applicable in the case of a Care Provider, any entity, such as an LLC or corporation, out of which the individual operates the individual’s Care Provider business.
The Site provides a number of tools and features as part of the Services, such as:
Our Services are intended to provide Registered Users that are Care Seekers with access to a technology platform that allows Care Seekers to find Care Providers that meet their home care needs. Our platform supports consumer-directed home-care arrangements by empowering families to self-manage their home care. We are not a provider of home care. We do not employ, monitor or supervise Care Providers. Except as set forth below, Care Seekers are potential employers of Care Providers and are solely responsible for compliance with any and all applicable laws, including but not limited to, employment, insurance, and other laws in connection with any employment relationship they establish with Care Providers, including unemployment, workers compensation, work authorization, payroll, tax, minimum wage, overtime, benefits, and any other applicable laws.
HomeCare.com will not evaluate compliance with any term or condition relating to a Care Provider’s performance of services for a Care Seeker. HomeCare.com’s functions are in all respects ministerial and administrative on behalf of and in support of the parties to a contractual relationship created pursuant to the Site and Services.
As between a Care Provider and HomeCare.com, the Care Provider will be solely responsible for providing any and all tools, supplies, equipment, transportation and insurance for the Care Provider and the Care Provider’s personnel, if any (including, but not limited to, health, life and disability) that the Care Provider elects to maintain, and for all expenses the Care Provider incurs in connection with the operation of the Care Provider’s business and the performance of services, e.g., fuel, repairs and motor vehicle insurance, expenses of any equipment used to provide home care services (e.g., blood pressure cuff). HomeCare.com has no obligation to reimburse a Care Provider for any expenses of any kind or nature, to provide a Care Provider with any tools, equipment, supplies or transportation, or to assist a Care Provider in any way in a Care Provider’s performance of services. A Care Provider also will be solely responsible for obtaining and maintaining any licenses or certificates that are required by law to provide the Care Provider’s services. To the extent that an applicable law bars HomeCare.com from referring a Care Provider that has failed to maintain any required license or credential and/or take any other action with respect to such Care Provider, HomeCare.com will comply with that law and cease such referrals.
HomeCare.com also does not provide any medical, diagnostic, assessment, treatment or clinical service, engage in any conduct that requires a professional license, and/or that constitutes the providing of home care.
Care Seekers ultimately are solely responsible for verifying the credentials of each Care Provider they deem acceptable before hiring or engaging them, and for ascertaining their compliance with local, state and federal laws. Any issues concerning the foregoing must be resolved directly between the Care Seeker and the individual Care Provider.
IMPORTANT: Any screening of a Care Seeker or Care Provider and his, her or its information by HomeCare.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider, or an individual’s willingness or ability to pay for any services provided by a Care Provider. Care Seekers are solely responsible for interviewing, and performing verification checks on, confirming work authorization/I-9 of, verifying information provided by, and selecting a Care Provider for themselves or their family member. Each Care Seeker is also responsible for complying with all applicable tax, employment and other laws in connection with any employment relationship they potentially may establish with the Care Provider, including verifying the Care Provider’s age and eligibility to work in the U.S.
To be eligible to use our Services, you must meet the following criteria:
By registering or using the Services of HomeCare.com, you represent, acknowledge and warrant that you have met the applicable eligibility requirements above, and that you have the right, authority and capacity to enter into these Terms for yourself or on behalf of another, and you commit to abide by all of these Terms, as applicable.
Creating an Account: Visitors to the Site may browse it in accordance with these Terms, but will not have access to the Services without first becoming a Registered User that either is a Care Provider (individual, entity or corporate) or Care Seeker. In order to use the Services, you are required to set up an account through the Site and meet the other applicable eligibility requirements and conditions described in these Terms. For certain services, you may be required to select a unique user ID and password, along with other authentication requirements that may be required (collectively “Account Credentials”). You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. You are solely responsible for any and all use of your Account Credentials and Account and all activities that occur under or in connection with your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group. If you are creating an Account on behalf of a third party, you represent that you have the legal authority to represent such third party and bind the third party to this Agreement. For illustration purposes only, if you are creating a Care Seeker account on behalf of a loved one who is seeking care, you represent that your loved one has provided you with proper authority to act on their behalf and that your loved one will abide by these Terms.
Termination of Use or Registration. Should HomeCare.com determine that you are not eligible to use the Services, have violated any terms stated herein, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third party site, or for any other reason, HomeCare.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in HomeCare.com, with or without notice.
In any event, HomeCare.com also reserves the right, in its sole discretion, to terminate your access to all or part of the HomeCare.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in HomeCare.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination, except to the extent required by the Fair Credit Reporting Act or other applicable law.
Following any termination of any individual’s use of the Site or the Services, HomeCare.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. HomeCare.com will not, and has neither the right nor the power to, terminate any home-care arrangement in which you are involved, as a Care Provider or Care Seeker.
Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as, information bearing on the individual’s character, general reputation, personal characteristics, or mode of living.
Exclusive Use. If you are a Care Seeker, you may use your account only to find Care Providers for yourself, your parents, or individuals for whom you otherwise have the legal authority to make healthcare decisions. If you are a Care Provider, you may use your account only to locate care opportunities for yourself from Care Seekers. Care Seekers and Care Providers are responsible for all of their respective activity on the Site and use of their accounts. Care Seekers and Care Providers may not assign or otherwise transfer their accounts to any other person or entity.
If you are a Care Provider, as a condition to your using the Site and Services, you represent and affirm:
Content Restrictions. The following rules pertain to “Content,” defined as any communications, images, sounds, videos, messages, photos, audios, reviews, or profiles, and any other material, data, files and information, or any derivations or reproductions thereof, that you or other users publish, display, enter, post, upload, or transmit onto or through the Site or HomeCare.com’s Services (hereinafter, “post”). By posting any Content while using our Service, you agree, represent and warrant as follows:
Prohibited Uses. By using the Site or Services of HomeCare.com, you agree that you will not under any circumstances:
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a Care Seeker may view or the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion. Should HomeCare.com find that you violated these Terms, or for any reason, HomeCare.com reserves the right, at its sole discretion, to immediately terminate your access and/or use of the Site and Services.
Further, in order to protect the integrity of the Site and the Services, HomeCare.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site. It shall be a violation of these Terms to use any browser or technology which alters, conceals, or hides your IP address.
General. Care Providers that are Registered Users will not be eligible to make their profile visible to other users of the Site until they successfully complete the background and verification check process established by HomeCare.com through its approved vendors. Care Providers also may be subject to periodic background and verification checks during their time as Registered Users in order to update, confirm and maintain their present status. A copy of the reports from such checks will be provided to HomeCare.com. If a background check uncovers information that is considered in any adverse action relating to any Care Provider, the Care Provider will be notified of his or her options to review the results to the extent required under the FCRA (Fair Credit Reporting Act).
HomeCare.com also makes available an optional DMV check for Care Providers who want to demonstrate their driving record to Care Seekers.
Cost of background and verification checks. HomeCare.com will pay all costs of the background and verification checks, at no expense to you.
Receiving and sharing background checks. If you order a background check about yourself, you will be emailed a copy of the results if such results are considered in any adverse action. You are responsible for making sure that the email addresses you provide to HomeCare.com (and the approved vendor if applicable) are correct, knowing that sensitive information will be sent to those addresses. If you have ordered a background check through HomeCare.com, we may indicate in your profile that you have completed that component of our screening process. If the results of any background check you order causes HomeCare.com to be unable to establish your account, or requires that we suspend or terminate your account, those results will not be shared with other users without your specific consent, except as required or permitted by law.
HomeCare.com review of background checks. By using the Site or Services as a Care Provider, you acknowledge and agree HomeCare.com may access, review, use and disclose any background check reports you have ordered or authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to decline to establish or continue your access or account, or to terminate your access or account based on the information contained in such reports, even if such information was subsequently dismissed or overlooked. You hereby represent, understand, and expressly agree that HomeCare.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these background check reports. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it, and not HomeCare.com.
HomeCare.com may order and use background checks about you at its own expense. By clicking “I agree” as a Care Provider, you hereby acknowledge and agree that HomeCare.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 for the legitimate business purpose of protecting the safety and integrity of our Site and its users (“Internal Background Checks”). HomeCare.com may order these checks when you register with HomeCare.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 an opportunity or profile, ordering or authorizing a background check, etc.). You understand and agree that HomeCare.com may review the information provided by the third party consumer reporting agency and that HomeCare.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 HomeCare.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. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand, and expressly agree that HomeCare.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 HomeCare.com) within the time period specified in your notice. BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW HOMECARE.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE HOMECARE.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
HomeCare.com may verify your identity and the accuracy of your representations and warranties. By registering as a Care Provider or Care Seeker, you authorize HomeCare.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, HomeCare.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data (e.g., licenses and certification you disclose to HomeCare.com) is accurate and that the representations and warranties above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that HomeCare.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation decline to establish or continue your access or account, or to terminate your access 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 HomeCare.com. You also hereby represent, understand, and expressly agree that HomeCare.com 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 HOMECARE.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE HOMECARE.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
Release of liability for results of background checks, internal background checks, and verification checks. 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 expressly acknowledge that HomeCare.com has no obligation to perform background checks, Internal Background Checks, or Verification Checks on any Registered Users except as described on the Site and/or otherwise required by law. To the extent HomeCare.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Currently, access to the Site is free for Registered Users. However, HomeCare.com reserves the right to charge an access fee for Registered Users to be listed, or to remain listed, on the Site by amending these Terms and providing advance notice of such modification. You will not be responsible for any payment unless and until you have had the opportunity to review any such modification, and clicked “I agree” in accordance with the paragraph entitled “General Provisions” above.
Site Content. The Services made available on this Site, and any information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is” and without any warranties of any kind, including, without limitation, any express warranties, warranties of merchantability, warranties of fitness for a particular purpose, warranties of workmanlike quality, or any other implied warranties. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by HomeCare.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Care Seeker and Care Provider content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. HomeCare.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, represent, or warrant the accuracy of such information. Nor can we guarantee, represent, or warrant that any user-generated content is free from computer viruses.
Disputes Between Care Seekers and Care Providers. We are not a provider of any home care and are not an employer of Care Providers. Care Providers operate independently of HomeCare.com and are not under our control. Care Seekers may seek a Care Provider through the use of the Site or Services, and Care Providers may post profiles and submit proposals to Care Seekers regarding their services. If a Care Seeker agrees on the provision of services from an individual, company or agency we identify through our Services, such agreement is solely between the Care Seeker and the Care Provider; HomeCare.com is not a party to any such agreement. In the case where an agency is hired, each such agency operates independently of HomeCare.com and is not under our control. Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by and between the Care Seeker and the Care Provider. HomeCare.com will not be held responsible, and expressly disclaims any liability whatsoever, for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold HomeCare.com harmless for any claim or controversy that may arise from any disputes between you and any Care Seeker, Care Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Care Seekers, Care Providers or other users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to HomeCare.com immediately by notifying HomeCare.com of the same via electronic correspondence.
Limitation of Liability. Incidental Damages and Aggregate Liability. In no event will HomeCare.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if HomeCare.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
UNDER NO CIRCUMSTANCES WILL HOMECARE.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION(S) WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF $1,000.00.
This limitation of liability shall be construed broadly, and shall specifically include, without limitation, claims based upon negligence, claims arising out of the termination of any user’s account, claims based upon a determination of a user’s ineligibility to use the Site or the Services (including claims arising under the Fair Credit Reporting Act), but shall not apply to intentional misconduct or claims for personal injuries.
Important Note Regarding this Arbitration Agreement:
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS ARBITRATION AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS – INCLUDING BUT NOT LIMITED TO AN ATTORNEY – REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
Mediation. In an attempt to amicably resolve disputes before they go to arbitration, the parties agree that any otherwise arbitrable claim shall be mediated initially, and if mediation fails to result in a formal settlement of the dispute, then the parties shall proceed to final and binding arbitration. The statute of limitations shall be tolled during any mediation conducted pursuant to this Arbitration Agreement. The mediation shall be conducted by JAMS (www.jamsadr.com). HomeCare.com will pay the administrative and the mediator’s fees.
Arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving interstate commerce. This Arbitration Agreement applies to any dispute arising out of or related to this Agreement or termination of this Agreement, and/or any Agreement for Referral, Marketing and Administrative Services and/or Agreement for Care Provider Referral, to which you may be or become a party (including any addenda to such agreements, if any, which may be incorporated by reference therein), and survives after this Agreement terminates. Nothing contained in this Arbitration Agreement shall be construed to prevent or excuse you from utilizing any informal procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Agreement is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before any forum other than arbitration, with the exception of proceedings that must be exhausted under applicable law before pursuing a claim in a court of law or in any forum other than arbitration. Except as it otherwise provides, this Arbitration Agreement requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.
Except as provided in Subsection vi. below, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
Except as it otherwise provides, this Arbitration Agreement also applies, without limitation, to all disputes between you and HomeCare.com as well as all disputes between you and HomeCare.com’s fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, and all successors and assigns of any of them (each of whom is expressly made an intended third party beneficiary of this Agreement), including but not limited to any disputes arising out of or related to this Agreement and disputes, past, present or future, arising out of or related to your relationship with the HomeCare.com, how that relationship is classified, described or defined in this Agreement, and including termination of the relationship. This Arbitration Agreement also applies, without limitation, to disputes regarding privacy, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, Equal Pay Act, Rehabilitation Act, 42 U.S.C. § 1981, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state or local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local statutory and legal claims arising out of or relating to your relationship with HomeCare.com or the termination of that relationship (including without limitation torts and post-termination defamation or retaliation).
This Arbitration Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the Arbitration Agreement.
Limitations on How This Arbitration Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Agreement shall not apply to:
Regardless of any other terms of this Arbitration Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement.
Nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.
Disputes that may not be subject to a predispute Arbitration Agreement pursuant to applicable Federal law are excluded from the coverage of this Arbitration Agreement.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling. All determinations of final relief, however, will be decided in arbitration.
How Arbitration Proceedings Are Conducted and Class Action Waiver. The parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes, and any disputes in this regard shall be resolved by the arbitrator. The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery or for attendance at the arbitration hearing.
You and HomeCare.com agree to resolve any dispute that is in arbitration on an individual basis only, and not on a class, collective, consolidated or representative action basis (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the JAMS Rules, disputes regarding the enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
While HomeCare.com will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, HomeCare.com shall not be precluded from moving to enforce its rights under the Federal Arbitration Act to compel arbitration on the terms and conditions set forth in this Agreement.
Your Right To Opt Out Of Arbitration. Arbitration is not a mandatory condition of your contractual relationship with HomeCare.com. If you do not want to be subject to this Arbitration Agreement, you may opt out of this Arbitration Agreement by notifying HomeCare.com in writing of your desire to opt out of this Arbitration Agreement, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to support@HomeCare.com, stating your name, address and intent to opt out of the Arbitration Agreement or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to: Legal Department, HomeCare.com, Inc., 7925 Jones Branch Drive Suite 2200 McLean, VA 22102.
In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Agreement, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Agreement, whether sent by options (1) or (2), will be filed with a copy of this Agreement and maintained by HomeCare.com. Should you not opt out of this Arbitration Agreement within the 30-day period, you and HomeCare.com shall be bound by the terms of this Arbitration Agreement. You have the right to consult with counsel of your choice concerning this Arbitration Agreement. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Agreement.
We are committed to protecting the privacy of certain data that is collected from you and that you submit when you access this Site. We recognize the sensitive nature of much of the information with which we are entrusted on a daily basis, and we are committed to the highest standards of privacy. The nature of our business requires that we gather information that is of a personal nature, whether it is financial, medical or other information that you wish to keep protected. The following outline is intended to familiarize you with our policies for the gathering, use, maintenance and protection of private information. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered a complete representation of our practices.
Please review this policy carefully. If you have any questions or concerns about any of our practices, please contact us at 866-290-5866 or support@HomeCare.com.
Information Collected. As you are probably aware, in the course of our relationship with you, we may collect information from a variety of sources. We collect this information in order to carry out our business functions and provide the highest quality of service to you. Most of our information comes directly from you. Information also comes to us from third parties, including governmental agencies and consumer reporting agencies or other public sources. We may obtain information about your business or occupation, property, health, credit history and income, as well as personal identification information such as names, birth dates, addresses, social security and drivers’ license numbers, telephone numbers, and e-mail addresses.
The Company may compile statistical information concerning the usage of the Site. This information allows the Company to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, etc.
In order to compile this information, the Company may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Site, the length of time you spend on pages within the Site, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Site, etc. While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that Company may store about you for any other purposes.
The Company may use web site “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Site for your browsing convenience. You have the option of setting your browser to reject cookies, but our Site may not function correctly if you do. Refer to the Help feature of your browser for information on disabling cookies.
The Site is not directed to children. The Company does not knowingly collect any personal information from children. If you are concerned about your child’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site.
Disclosure of Information. In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, including but not limited to other users of the Site or Services, as we deem necessary. For example, and without limitation, the Company may need to use or disclose certain user-provided information with its third party vendors to manage its website, defend litigation, or enhance its services. We also may share this information in connection with certain business transactions, such as the acquisition of all or substantially all of the Company’s assets. However, whenever feasible, we will not disclose any user’s personally identifiable information for any purposes other than those in conjunction with the business activities requested of us by such user unless otherwise permitted or required by law. We endeavor to choose non-affiliates with similar standards to ours regarding the protection of private information. We generally do not require that you provide any information to obtain access to most areas of the Site. To access some areas you must be a Registered User. If you decide to provide personal information to us, we will not sell, license or transmit that information to third parties, except as described above or as otherwise required or permitted by law.
Do Not Track. “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.
Safeguarding of Information. No system for safeguarding personal or other information is 100% secure. However, we take a number of steps to safeguard the security of personal information obtained through the Site. For example, our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, e-mail and voice-mail, video surveillance, and other physical, electronic, and procedural safeguards.
Age Restrictions. HomeCare.com will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
Notices. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. The Site or Services may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to the Site or Services. Nothing in these Terms grant you any right to make or receive delivery of a copy of the Site or Services or to obtain access to our Site or Services except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to our Site or Services. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of HomeCare.com, our affiliates or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties' licenses and not by these Terms.
Complaints. It is HomeCare.com’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting HomeCare.com’s copyright agent (identified below) and providing the following information:
HomeCare.com’s agent for copyright issues relating to this Site is as follows: Copyright Agent, Legal Department, HomeCare.com, Inc., 7925 Jones Branch Drive Suite 2200 McLean, VA 22102, Phone: 703–887–2191, Fax: 866–319–6775.
In an effort to protect the rights of copyright owners, HomeCare.com maintains a policy for the termination, in appropriate circumstances, of Registered Users and other users of this Site who are repeat infringers.
Governing Law and Jurisdiction. These Terms, and any dispute between you and HomeCare.com, shall be governed by the laws of the Commonwealth of Virginia without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the Arbitration Agreement.
Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. 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. Each of HomeCare.com’s fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, successors, and assigns is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Contact Information. If you have any questions or need further information as to the Site or Services provided by HomeCare.com, or need to notify HomeCare.com as to any matters relating to the Site or Services please contact HomeCare.com at: Legal Department, HomeCare.com, 7925 Jones Branch Drive Suite 2200 McLean, VA 22102 or support@HomeCare.com.