Effective: February, 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. in the United States, and the “Services” shall mean any of the various 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.
Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
These Terms contain an Agreement to Arbitrate, which will, with limited exception, require all users to submit claims you have against us to binding and final arbitration. Site users who do not wish to use Arbitration must opt out within 30 days after the date you accept 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 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.
HomeCare.com offers various Services for Users: (i) we help some of our users (those seeking caregivers, “Care Seekers”) find quality senior caregivers; (ii) we also permit corporate care providers seeking caregivers to supplement their staffing services to post jobs on the Site; and (iii) we help certain other users (individuals and entities who provide care services, “Care Providers”) find client opportunities to provide care, post their profiles and apply for jobs with corporate care providers. As used herein, the terms “you” and “your” include an individual who accesses the Site or 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 can help a Care Seeker find and manage quality senior caregivers. 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 any Care Providers. Except as set forth below, Care Seekers are the 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 workers compensation, work authorization, payroll, tax, minimum wage and overtime laws.
HomeCare.com will neither impose nor 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 (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. HomeCare.com will have 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 any licenses or certificates that are required by law to provide the Care Provider’s services.
Care Seekers using the Site make the decision whether to employ a Care Provider, or to engage the services of an independent Care Provider or a Care Provider that is affiliated with or employed by a Home Care Agency. In either case, HomeCare.com does NOT control the type, frequency or nature of the services to be performed by the Care Provider, nor does HomeCare.com set or control the quality standards, schedule, timeliness, or type of services delivered by Care Providers, nor the actions of Care Seekers or Care Providers. We do not set the rate charged by a Care Provider and do not control and do not provide any advice concerning a Care Seeker’s decision to engage or employ a Care Provider, nor do we refer or recommend either Care Seekers or Care Providers, or make any representations about the suitability, reliability, timeliness, and quality of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private or offline interactions.
The HomeCare.com directory, mobile application and HomeCare.com Advisor staff provide access to Care Providers but in providing these services, neither we, nor our respective HomeCare.com employees choose, or endorse, any individual Care Provider , nor do we provide any medical, diagnostic, assessment, treatment or clinical service or engage in any conduct that requires a professional license 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. Each Care Seeker is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they 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 the 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. If someone accesses our Site or Services using your Account Credentials, we will rely on the Account Credentials and will assume that it is really you who is accessing the Site and Services. 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 the 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 or in any of the Additional Terms, 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 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, 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.
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; but 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. In the event we suspend or terminate your registration or access to the Site or access to any or all of the Services for any reason, you agree that HomeCare.com will not be liable to you or any other party for any such suspension or termination, or consequence thereof, in any way whatsoever. Such suspension or termination shall not, however, modify, change or void any payment obligation you or someone on your behalf may have incurred in connection with the use of the Site or Services, whether to HomeCare.com or another party.
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 are otherwise the legal guardian. If you are a Care Provider, you may use your account only to find opportunities to obtain 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 the terms of this Section or any terms stated herein, 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. By using the Site and/or Services, you agree that HomeCare.com may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Care Provider or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights or remedies at law or in equity that HomeCare.com may have under these Terms or applicable law. 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.
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 is failed, 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. Care Providers are solely responsible for paying the initial cost of the background and verification checks.
Receiving and sharing background checks. If you order a background check about yourself, you will be emailed a copy of the results if it does not come back clean. 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. By using the Site or Services 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 also agree to indemnify, defend and hold harmless HomeCare.com from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. HomeCare.com does not assume and expressly disclaims, and you hereby agree to release HomeCare.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.
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. 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 network.
Billing and Payment. If you sign up for a HomeCare.com paid membership subscription, you agree to pay HomeCare.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize HomeCare.com to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. HomeCare.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize HomeCare.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if HomeCare.com already has a chosen payment provider on file as a result of prior purchases you have made, we may charge your chosen payment provider for the additional Services/products you purchase.
Automatic Subscription Renewal and Cancellation. HomeCare.com paid membership subscriptions will continue indefinitely until cancelled by the user in writing or by HomeCare.com. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate then in effect. If you sign up for a payment plan that allows you to be charged monthly over the subscription period and you decide to cancel your subscription during the subscription period, you acknowledge and agree that you will continue to be billed for the balance of the cost of the subscription on a monthly basis until its originally scheduled expiration date.
You may cancel your paid membership subscription by adjusting your account settings. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term for which payment has been received. Your subscription will not be renewed after your then-current term expires, but your chosen payment provider will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
Refund Policy. Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your chosen payment provider if (i) you cancel your subscription within thirty (30) days after the most recent charge, and (ii) you have not used your subscription during the current renewal period. The refund will apply to the most recent charge only. In addition, HomeCare.com reserves the right to immediately downgrade or cancel your membership after payment of your refund. HomeCare.com does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
Free Trial Offers. HomeCare.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a HomeCare.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, after the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. If a user does not want to continue with the Service after the expiration of the free trial period, the Care Seeker or Care Provider must cancel their subscription within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Care Seeker or Care Provider’s chosen payment provider will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
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”, “as available”. 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, nor do we represent or warrant as to, the accuracy of such information.
HomeCare.com is not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider or other user of the Site or Services. Moreover, HomeCare.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Care Seekers and Care Providers, hereby expressly agree not to hold HomeCare.com (or HomeCare.com’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers) liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any information, instruction, advice or services which originated from or through the Site (including any third party sites that may be accessed through the Site), and, to the maximum extent permissible under applicable law, HomeCare.com and its affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMECARE.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY, APPROPRIATENESS OR COMPLETENESS OF THE SERVICES, THE INFORMATION OR MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HOMECARE.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOMECARE.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES OR SUCH INFORMATION AND MATERIALS. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, HOMECARE.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES, INCLUDING AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER, OR TO MAKE PAYMENT FOR SERVICES PROVIDED BY A CARE PROVIDER.
WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION AND MATERIAL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION AND MATERIALS IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, HOMECARE.COM OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL HOMECARE.COM OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
Assumption of Risk. You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary reasonable precautions when interacting with other Site visitors or Registered Users. For example, interview recommendations are set forth in HomeCare.com’s Caregiver Interview Tips.
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 PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID HOMECARE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-HomeCare.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOMECARE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. HomeCare.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Agreement to Arbitrate. This Section is referred to in these Terms as the “Arbitration Agreement” and applies to all Registered Users and other users of this Site. Unless as required to be permitted in the applicable jurisdiction you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and HomeCare.com or a HomeCare.com affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement. Your rights will be determined by a neutral arbitrator, not a judge or jury . The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. All remedies available in court are available through arbitration.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND HOMECARE.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HOMECARE.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HOMECARE.COM USERS.
Pre-Arbitration Dispute Resolution. HomeCare.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at support@HomeCare.com or at HomeCare.com, Inc., Attn: Legal Dept. 7925 Jones Branch Drive Suite 2200 McLean, VA 22102.
Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://info.adr.org/consumer-arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in this Arbitration Agreement section. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms, the Additional Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. To commence an arbitration against HomeCare.com, you must complete a short form, submit it to the AAA, and send a copy to HomeCare.com at HomeCare.com, Inc., Attn: Legal Dept. 7925 Jones Branch Drive Suite 2200 McLean, VA 22102. For more information, see the AAA’s claim filing page, https://www.adr.org/Support. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or HomeCare.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and HomeCare.com subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or HomeCare.com, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Virginia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different HomeCare.com users, but is bound by rulings in prior arbitrations involving the same HomeCare.com user to the extent required by applicable law.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, HomeCare.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, HomeCare.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse HomeCare.com for all fees associated with the arbitration paid by HomeCare.com on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court decides that any term or provision of this Arbitration Agreement other than the obligation to arbitrate is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions requiring arbitration hereunder is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
Opt-Out Procedure. To the extent opt-out is required to be extended in the applicable jurisdiction, you can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new HomeCare.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to HomeCare.com, Inc., Attn: Legal Department, 7925 Jones Branch Drive Suite 2200 McLean VA 22102. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the HomeCare.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against HomeCare.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against HomeCare.com prior to the effective date of removal.
Release of Liability for Conduct and Disputes. 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. In some instances, we may provide Care Seekers a customized list of potential individuals, companies and/or agencies to consider based on the information the Care Seeker provides us regarding their and their loved one’s stated needs and preferences. However, if a Care Seeker agrees on the provision of services from an individual, company or agency we identify through any of those 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. The HomeCare.com Caregiver Interview tips are available for your consideration in this regard. 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.
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.
Copyright Notices/Complaints. 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 interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and HomeCare.com must be resolved exclusively by a state or federal court located in the Commonwealth of Virginia. You and HomeCare.com agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Virginia for the purpose of litigating all such claims or disputes.
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 HomeCare.com affiliate is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
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.