2. Caregiver-needed.com IS A VENUE. The Site is a communications platform for enabling the connection between individuals seeking home or care services ("Senior Care Seekers") and/or individuals or companies providing home or care services ("Senior Care Providers"). Caregiver-needed.com does not take part in the interaction between Senior Care Seekers and Senior Care Providers except to collect payments on the behalf of Senior Care Seekers and Senior Care Providers for venue services through the Site. Users do hereby represent, understand and expressly agree that Caregiver-needed.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Senior Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Senior Care Seekers. Caregiver-needed.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Senior Care Providers or Senior Care Seekers through the Site whether in public, private or offline interactions. Caregiver-needed.com does not assume any responsibility for the accuracy or reliability of any information provided by Senior Care Providers or Senior Care Seekers on this Site. Caregiver-needed.com does not assume and expressly disclaims any liability that may result from the use of this information. Caregiver-needed.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Senior Care Seekers and Senior Care Providers do hereby expressly agree not to hold Caregiver-needed.com (or Caregiver-needed.com's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site and Caregiver-needed.com expressly disclaims any liability whatsoever for any damage, suits, claims, and /or controversies that have arisen or may arise, whether known or unknown therefrom.
3. ELIGIBILITY. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Senior Care Provider or any other users of this Site are not the responsibility of Caregiver-needed.com. Caregiver-needed.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Senior Care Providers and/or other users of this Site. Users do hereby represent, understand and agree to hold Caregiver-needed.com harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.
4. RELEASE. Senior Care Seekers may seek the services of a Senior Care Provider through the use of the Site and Senior Care Providers may submit proposals to Senior Care Seekers regarding their services. Once a Senior Care Seeker has accepted the terms of the service and payment from the Senior Care Provider and the Senior Care Provider has accepted the terms of the payment from the Senior Care Seeker, a binding contract is formed between the Senior Care Seeker and the Senior Care Provider. If there are any issues concerning the service received by the Senior Care Seeker or payment due to the Senior Care Provider, Senior Care Seekers must deal directly with Senior Care Providers and vice/versa to resolve any disputes. Caregiver-needed.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 disputes. By using this Site, you do hereby represent, understand, and expressly agree to hold Caregiver-needed.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Caregiver-needed.com will use its reasonable efforts to monitor Senior Care Provider and Senior Care Seeker profiles, actions, comments, and general usage of the Site and suspend privileges to any Senior Care Seeker or Senior Care Provider not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to Caregiver-needed.com immediately by notifying Caregiver-needed.com of the same via electronic correspondence at helpdesk@Caregiver-needed.com.
5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Caregiver-needed.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Caregiver-needed.com or to any other user of the Site. You understand and agree that Caregiver-needed.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of Caregiver-needed.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site. By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Caregiver-needed.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Caregiver-needed.com will not infringe or violate the rights of any third party. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Caregiver-needed.com, are those of their respective authors. Such authors are solely responsible for such content. Caregiver-needed.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Caregiver-needed.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
9. COPPA COMPLIANCE. Senior Care Seekers and Senior Care Providers should monitor children's use of the Internet. Caregiver-needed.com is intended for people 18 or over. Caregiver-needed.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. Caregiver-needed.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
10. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Senior Care Seekers or Senior Care Providers for employment or contracting for a business not affiliated with Caregiver-needed.com without express written permission from Caregiver-needed.com. Should Caregiver-needed.com find that you violated the terms of this paragraph or any terms stated herein, Caregiver-needed.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Senior Care Provider or Senior Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site. Although Caregiver-needed.com cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion. In order to protect the integrity of the Site and the Service, Caregiver-needed.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
11. PAYMENT AND REFUND POLICY FOR CARE SEEKERS. Senior Care Seekers are obligated to pay for the service of the Site, unless specifically notified otherwise. Senior Care Seekers that sign up agree to pay Caregiver-needed.com all charges at the prices then in effect for any use of the Site. In addition, Senior Care Seekers authorize Caregiver-needed.com to charge their chosen payment provider for use of the Site. Caregiver-needed.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of Senior Care Seekers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or cancel your subscription at any time, contact helpdesk@Caregiver-needed.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. No refunds or credits will be provided for account cancellation requests received after the account has been billed. At Caregiver-needed.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Caregiver-needed.com.
12. PAYMENT AND REFUND POLICY FOR CARE PROVIDERS. The basic services of Caregiver-needed.com are free for individual Senior Care Providers (though some premium services are offered for a fee). Companies and agencies that sign up as Senior Care Providers are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Senior Care Providers agree to pay Caregiver-needed.com all charges at the prices then in effect for any use of the Site. In addition, these Senior Care Providers authorize Caregiver-needed.com to charge their chosen payment provider for use of the Site. Caregiver-needed.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of companies and agencies that sign up as Senior Care Providers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or cancel your subscription at any time, contact helpdesk@Caregiver-needed.com. If you request to cancel your subscription, your subscription will be terminated immediately. No refunds or credits will be provided for account cancellation requests received after the account has been billed. At Caregiver-needed.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Caregiver-needed.com.
13. LEAD REFERRAL PROGRAM FOR CARE PROVIDERS. Caregiver-needed.com may provide certain types of company or agency Senior Care Providers with the option to receive sales leads ("Leads") from Senior Care Seekers who review the Senior Care Provider's profile and request more information about their services via the Site. Caregiver-needed.com will send Leads by e-mail to Senior Care Providers who participate in this program ("Lead Program Participants"). Each Lead will contain contact information for the Senior Care Seeker as well as details of their care needs. Monthly Lead Cap: Upon enrollment, the Lead Program Participant specifies the maximum number of Leads they would like to receive each calendar month ("Monthly Lead Cap"). The Lead Program Participant may change their Monthly Lead Cap at any time and the new maximum will go into effect within one (1) business day. If the Monthly Lead Cap is lowered to a level below the number of Leads already received in the current month, Lead transmission will be paused for the remainder of the current month and the new Monthly Lead Cap will take effect in the following month. The Lead Program Participant may pause or cancel their participation in the Lead Referral Program at any time, but will remain responsible for payment for any Leads sent to them prior to the pausing or cancellation. Fees: At the end of each calendar month, Caregiver-needed.com will charge the Lead Program Participant for each Lead that was emailed to them during that month. The price per Lead ("Lead Fee") will be the a mount specified upon program enrollment, unless Caregiver-needed.com has provided the Lead Program Participant with notification of a change to the Lead Fee. Caregiver-needed.com will provide at least thirty (30) days notice to the Lead Program Participant before any Lead Fee change goes into effect. All Fees shall be charged to the Lead Program Participant via the credit card provided upon enrollment or such other credit card as may be requested by Lead Program Participant to be charged from time to time. No fees will be charged for the display of the Lead Program Participant's profile on the Site. Provider Responsibility: Caregiver-needed.com is not responsible for any failure of the Lead Program Participant to receive Leads due to spam filters, address-book filters, filters imposed by internet service providers, or failure on the part of the Lead Program Participant's email servers or internet service provider to deliver the Leads. Lead Program Participants agree to make best efforts to respond to Leads within two (2) business days. The Lead Program Participant shall contact the Senior Care Seeker and use their contact information only for purposes directly related to their information request. The Lead Program Participant may not add a Senior Care Seeker's email address from a Lead to any on-going email communication subscription without first obtaining an independent opt-in request from the Senior Care Seeker. The Lead Program Participant may not use the Lead for purposes of cross-selling other products or services not sold by the Lead Program Participant. Credit Procedure: At Caregiver-needed.com's sole discretion, the Lead Program Participant's account may be credited for a previously charged Lead Fee if both the phone number and email address provided by the Senior Care Seeker for the Lead are invalid. In order to be eligible to receive a credit, the Lead Program Participant's account with Caregiver-needed.com must be current (i.e. no "past due" balances), and the Lead Program Participant must request a credit within ten (10) calendar days of the date the Lead was sent, using the process specified upon enrollment, or otherwise updated and communicated to the Lead Program Participant by Caregiver-needed.com. Caregiver-needed.com will send the Lead Program Participant an e-mail with the result of the credit request investigation within five (5) business days of receiving the credit request. Caregiver-needed.com reserves the right to contact the Senior Care Seeker who submitted the information request and, if it determines that the Lead satisfies the credit criteria listed above, will credit the Lead Program Participant's account. Requests for credit that are submitted during the month in which the Lead was generated, and that are approved for credit by Caregiver-needed.com during that month, will be processed immediately and the Lead Program Participant will not be charged. Requests for credit that are submitted after the month in which the Lead was generated, and that are approved by Caregiver-needed.com, will be credited against the following month's charges. If the credit amount exceeds the following month's charges, the credit balance will be carried over to future months until the full amount has been credited.
14. THIRD PARTY VERIFICATION SERVICE. Caregiver-needed.com may make a third-party verification service available to Senior Care Seekers and Senior Care Providers. Senior Care Seekers and Senior Care Providers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Caregiver-needed.com is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service.
15. FAIR CREDIT REPORTING ACT. If you decide to use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with the Fair Credit Reporting Act ("FCRA"), which can be found at http://ftc.gov/os/statutes/fcrajump.htm. Caregiver-needed.com does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
16. SMS TEXT MESSAGE ALERT SERVICE. Caregiver-needed.com may make an SMS text message alert service available to Senior Care Seekers and/or Senior Care Providers. Senior Care Seekers and/or Senior Care Providers who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give Caregiver-needed.com express permission to send SMS text messages your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that Caregiver-needed.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Although, Caregiver-needed.com does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from Caregiver-needed.com.
18. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". Caregiver-needed.com DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
19. LIMITATION OF LIABILITY. In no event will Caregiver-needed.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, any information received from the Site, 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 failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Caregiver-needed.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Caregiver-needed.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will Caregiver-needed.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Caregiver-needed.com EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Caregiver-needed.com cannot guarantee and does not promise any specific results from use of the Site and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, 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. Caregiver-needed.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.
21. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Caregiver-needed.com's copyright agent (identified below) and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. A signature or the electronic equivalent from the copyright holder or authorized representative. To report a copyright isssue go here In an effort to protect the rights of copyright owners, Caregiver-needed.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
23. U.S. EXPORT CONTROLS. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
24. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Massachusetts, Suffolk County, for the resolution of any such dispute.
25. 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. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
26. CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by Caregiver-needed.com, or need to notify Caregiver-needed.com as to any matters relating to the Site or Service please contact Caregiver-needed.com at: Contact US