1. Terms of Use - Last Updated May 23, 2024

These Terms of Use are for Best Solutions Company, LLC registered in Delaware, doing business as eCaregivers, eCaregivers.com & eCaregiversRecruitment.com and are hereinafter referred to as “eCaregivers”.

These Terms of Use are subject to change by eCaregivers in its sole discretion and at any time for any reason.

These Terms of Use are effective immediately for eCaregivers Users who first visit or join on May 23, 2024, and 30 days after that for all other Users. To access the Terms of Use that remain in effect until June 23, 2024 for members who joined before May 23, 2024, please email support@eCaregivers.com. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 18. User Agrees to read the arbitration terms and OPT OUT Option of Arbitration terms.

2. Table of Contents

1. Terms of Use
2. Table of Contents
3. General Provisions
4. Eligibility to Use Site and Services
5. Website Accessibility
6. Rules for Registration, Posting and Content
7. Definitions
8. Description of Business
9. Overview of Site Features & Services
10. Subscription Plans
11. Specific Terms by User Type
12. Verification & Background Checks
13. Classifying the Work Relationship
14. Scheduling Functionality
15. Insurance Coverage for Care Providers
16. Shift Payment Processing
17. Additional Disclaimers; Warranties; Limitations; Wavers and Indemnification
18. Disputes & Arbitration Agreement
19. Privacy Policy
20. Miscellaneous
21. Contact Information

3. General Provisions

These Terms of Use (the “Terms'') set forth the terms under which individuals or businesses residing in the United States may use the eCaregivers website and/or the eCaregivers Services (described below). Certain eCaregivers Users are subject to additional Terms; those are set forth in the Section 11 respectively.

PLEASE READ THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS BEFORE USING THE SITE OR THE SERVICES. BY USING THE SITE OR THE SERVICES, YOU HEREBY REPRESENT, WARRANT, UNDERSTAND, AGREE TO AND ACCEPT ALL THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS IN THEIR ENTIRETY.

These Terms include the Privacy Policy. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms do not use the Site or the Services.

For purposes of these Terms, the “Site” shall mean www.eCaregivers.com, www.eCaregiversRecruitment.com including but not limited to: web pages, mobile applications, mobile websites operated by eCaregivers (“eCaregivers” or “we”) in the United States and their products, features, and functions.

For purposes of these Terms the “Services” any of the various services that eCaregivers.com provides through the Site or any other channels to include but not limited to notifications and User support provided by text, chat, email, video, other mediums of communication and telephony OR services provided by integrated or suggested third party websites or companies.

4. Eligibility to Use of Site and Services

By requesting to use, registering to use and/or by using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

• Age Restriction
• You are eighteen (18) years of age or older.
• Any Care Recipient you are adding is eighteen (18) years of age or older and you represent this information.
• Any Care Network Contact you are adding for notifications or split billing is eighteen (18) years of age or older and you represent this information.
• eCaregivers will not knowingly collect any information from anyone under the age of 18.
• eCaregivers assumes no responsibility for any misrepresentation made by anyone regarding their age or any information such User inputs into the Site.

• Multiple Accounts Restriction
• You may only register for one Account as an individual and/or an entity. The creation of multiple accounts for the same User will result in termination of a User’s account(s).

• Competition Restriction
• You must not be a competitor of eCaregivers or using our Services for reasons that are in competition with eCaregivers or for your personal or business financial profit unless such use is approved in writing under a separately negotiated contract with eCaregivers.

ECAREGIVERS MAKES NO GUARANTEES THAT BECAUSE A USER IS REGISTERED ON THE SITE THAT THEY ARE COMPLIANT WITH THESE TERMS. ECAREGIVERS IS NOT REQUIRED TO AND DOES NOT, BUT MAY IN ITS SOLE DISCRETION, TAKE ACTIONS TO EVALUATE AND/OR VERIFY A USER’S COMPLIANCE WITH THESE ELIGIBILITY TERMS OR THEIR SUITABILITY AS A SITE USER.

5. Website Accessibility

eCaregivers is proud to serve a diverse community and is committed to providing a website that is accessible to the widest possible audience, regardless of ability. We endeavor to conform to WCAG 2.1 Level AA standards, which specifies suggestions for developers to improve the accessibility of websites for people with disabilities. Areas of focus include but are not limited to: clear text and text alternatives, non-text contrast, keyboard accessible forms, descriptive error alerts and much more. We welcome your feedback on the accessibility of our site. Please use the contact information in Section 21 to let us know if you encounter any accessibility barriers.

Additionally, if any User is unable to navigate the website due to a disability or other reason, the User may call, email, postage mail or find any method to contact us at eCaregivers and request a Care Navigator assist the User in navigating the site. eCaregivers will make reasonable efforts, to include complying with any requirements, to provide accommodations so Users may access the Site and Services.

6. Rules for Registration, Posting, and Content

The following rules pertain to “Content”, defined as any communications of any type to include but not limited to written text, images, sounds, pictures, videos, telephony and all the audios, reviews, or Profiles, and any other material, data, files and all the material, data, and information that any User uploads or transmits through eCaregivers including any derivations or reproductions thereof, that is published, displayed, entered, posted, uploaded, or transmitted in any manner or communication medium onto or through the Site.

• “Content” is primarily in English and eCaregivers is not responsible for translating the site into other languages or translating other languages into English.

By transmitting and submitting any Content while using our Service, you agree, represent, acknowledge and warrant the following:

• You are solely and personally responsible for any Content that you post on the Site, or transmit to other Users of the Site.
• You will register your account in your own legal name, even if you are seeking care for another individual, family member or representing a care business.
• You will provide accurate, current and complete information in connection with your registration for use and while using the Site and the Services.
• You will abide by any and all applicable laws, regulations or rules imposed by governing bodies.
• You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, gender offensive, bullying activities 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), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from eCaregivers.
• You will only provide opinions, reviews, and references that are genuinely held and identified as solely the opinion of you.

CONTENT IS PRIMARILY USER GENERATED, ECAREGIVERS DOES NOT CONTROL OR VET SUCH CONTENT FOR ACCURACY, AND ECAREGIVERS DOES NOT ASSUME AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED BY USERS ON OR OFF THE SITE, INCLUDING ANY CONTENT THAT MAY INCLUDE MISSTATEMENTS OR MISREPRESENTATIONS OR THAT MAY BE DEFAMATORY OR DISPARAGING. USERS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD ECAREGIVERS AND/OR ITS AFFILIATES, LICENSEES AND SUCCESSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, OR SHAREHOLDERS HARMLESS FOR ANY MISSTATEMENTS, MISREPRESENTATIONS, DISPARAGING OR DEFAMATORY STATEMENTS MADE BY OR ON BEHALF OF THEM ON THIS SITE OR IN ANY OTHER VENUE, AND ANY DECISIONS OR RELIANCE ON CONTENT POSTED ON THE SITE OR TRANSMITTED TO A USER THROUGH THE SITE OR SERVICES. HOWEVER, ECAREGIVERS MAY, IN ITS SOLE DISCRETION REVIEW, MAKE REASONABLE EDITS TO, OR DELETE ANY CONTENT OR REMOVE A USER’S ACCESS TO THE SITE, WITH OR WITHOUT NOTICE, IF IN ECAREGIVERS SOLE DISCRETION, IT VIOLATES THE TERMS OR MIGHT BE OFFENSIVE, ILLEGAL, OR THAT MIGHT VIOLATE THE RIGHTS, HARM, OR THREATEN THE SAFETY OF USERS OF THE SITE OR OTHERS.

6a. Exclusive Use

You are required to sign up as the User type most appropriate to you, and use it in accordance with that account’s intended use; see more in Section 11.

You are solely responsible for all your activity on and off the Site, use of your account, and you may not assign or otherwise transfer responsibility for your account to any other person or entity for any reason.

You will promptly notify eCaregivers at support@eCaregivers.com if any component of your account credentials are lost, stolen, or otherwise compromised. This may result in your account credentials being reset or terminated, which will be up to the discretion of eCaregivers support. Response and/or actions related to the response may take up to 3 business days.

You agree that to remove your account completely, you will email support@eCaregivers.com your information and request to be removed. Removals will be processed within 3 business days by our support team.

6b. Prohibited Uses

By using the eCaregivers’ Site, you agree that you will not under any circumstances:

• Access or use another User’s Account unless you have the legal authority to act on behalf of the User, and to bind the User to these Terms;
• Attempt to re-register as a User with eCaregivers if your access has been limited, terminated or in some manner restricted by eCaregivers for any reason;
• Use the eCaregivers’ Site for any unlawful purpose, or for the promotion of illegal activities;
• Use or employ any browser or server technology which alters, conceals, or hides your IP address;
• Interfere or attempt to interfere with the proper functioning of eCaregivers’ Site in any manner that would impose or potentially impose an unreasonable or disproportionately large load on the eCaregivers’ servers or network infrastructure, or bypass any robot exclusion headers or other measures taken by eCaregivers to restrict access to or use of the Site;
• Publish or link to malicious Content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt the eCaregivers’ Site and/or another User’s browser or computer, or access to or use of the Site.
• Harass, abuse or harm another person or group, or attempt to do the same through your use of the Site;
• Avoid paying or fail to pay eCaregivers’ fees or any legitimate charges. This may result in your eCaregivers account access being terminated in accordance with Section 6c.

6c. eCaregivers Right to Limit Use or Remove Account

ECAREGIVERS RESERVES THE SOLE AND EXCLUSIVE RIGHT TO TAKE ANY ACTION INCLUDING BUT NOT LIMITED TO: RESTRICTING, TERMINATING, OR BLOCKING A REGISTERED USER’S ACCESS TO AND USE OF THE eCAREGIVERS’ SITE, WITH OR WITHOUT NOTICE OR CAUSE, AT ITS SOLE DISCRETION FOR ANY REASON.

Reasons eCaregivers may choose to restrict, terminate, or block a registered User’s access include but are not limited to:

• Violating the “Eligibility to Use Site and Services” terms in Section 4
• Violating the “Rules for Registration, Posting and Content” in Section 6
• Results of “Verification & Background Checks” in Section 12

6d. Transfer of User Responsibilities

Users are solely responsible for themselves and their actions or inactions, as well as the actions or inactions of those they transfer access or responsibilities of the Site and Services to.

7. Definitions

• “Site”:www.eCaregivers.com, www.eCaregiversRecruitment.com including but not limited to: web pages, mobile applications, mobile websites operated by eCaregivers (“eCaregivers” or “we”) in the United States and their products, features, and functions.
• “Services”: any of the various services that eCaregivers.com provides through the Site or any other channels to include but not limited to notifications and User support provided by text, chat, email, video, other mediums of communication and telephony OR services provided by integrated or suggested third party websites or companies.
• “Visitor”: Any person or entity that engages the Site but has not joined or accepted these Terms. Visitors have limited access to and use of the eCaregivers’ Site and Services.
• “User”: Any person or entity that joins eCaregivers by submitting the required information and agreeing to these Terms. Users have full access to and use of the eCaregivers’ Site and Services.
• “Portal”: A User’s accessible web pages that hold their self-entered personal or business information as well as any information pertaining to other Users or Care Services.
• “Care Seeker”: Any User, who joins the Site seeking Care Services for a Care Recipient. (See Section 11 for Specific Terms by User Type.)
• “Care Provider”: Any User who joins the Site offering to provide care services as a Caregiver (unlicensed companions, certified home health aides, certified nursing assistants, personal care assistants, and other persons who purport to have similar skill sets), Nurse (licensed practical nurses, registered nurses, nurse practitioners, and other persons who purport to have similar skill sets and training), or Therapists (physical therapists, occupational therapists, and speech therapists, and other persons who purport to have similar skill sets). (See Section 11 for Specific Terms by User Type.)
• “Care Services”: The work done by Care Providers which may include but is not limited to companionship care, household duties, non-medical personal care or supervision, medical or skilled nursing care or supervision, physical therapy, occupational therapy, and speech therapy.
• “Care Tasks”: The specific tasks to be done by a Care Provider when providing Care Services to a Care Recipient.
• “Care Recipient”: Any individual whose information is added to the Site and who may be looking for or receiving Care Services; or may have a Care Seeker looking for Care Services on their behalf.
• “Profile”: The combination of information entered by a User that is available for other Visitors and/or Users to view. The amalgamation of information varies by User Type. For Care Providers, this may include their name, location, certifications, care skills, schedule availability, and more. For Care Recipients, this may include their name, age, location, health conditions and care needs entered by a Care Seeker. For Care Managers, this may include their name, business information, and contact information.
• “Care Network Contact”: Any individual who has been designated by a Care Seeker on the Site as an individual who will be granted a level of Site access, abilities, or notifications to include but not limited to, and in part dependent on the choices of the Care Seeker: the Care Recipient’s information, clock in/out notifications, plan of care updates, billing or payment access and agrees to these Terms.
• “Pay Share Care Network Contact”: Any Care Network Contact who has accepted an invitation from a Care Seeker on the Site to share in paying for Care Services using the Split Billing feature, and agrees to these Terms.
• “Reference Provider”: Any person or Care Seeker who provides a rating, reference, or review on a Care Provider and agrees to these Terms.
• “Care Businesses”: Any User who joins the site as a Care Business seeking to recruit Care Providers for their business or legal entity including but not limited to: home care agencies, home care registries, adult day care facilities, assisted living facilities, skilled nursing facilities, and/or hospitals; or who provides personnel placement for one of those businesses. (See Section 10b for User Type specific terms.)
• “Basic Plan”: A subscription plan option for Care Seekers that includes limited Site features focused on helping Care Seekers find care. The subscription plan may be purchased on a monthly or annual basis.
• “Premium Plan”: A subscription plan option for Care Seekers that includes all Site features available to the Care Seeker User group to help Care Seekers find & manage care. The subscription plan may be purchased on a monthly or annual basis.
• “Standard Plan”: A subscription plan option for Care Businesses that includes all Site features with the most limits on use of those features. The subscription plan may be purchased on a monthly or annual basis.
• “Advanced Plan”:A subscription plan option for Care Businesses that includes all Site features with the fewest limits on use of those features. The subscription plan may be purchased on a monthly or annual basis.
• “1099”: A classification of work status in the United States that may apply to Care Providers when engaging with Care Seekers or Care Businesses. Care Providers in this classification are also referred to as “independent contractors” and are self employed. They are solely responsible for marketing / offering their services to the general public and/or businesses and are required to provide any and all tools, supplies, equipment, transportation, setting their own pay rate, hours of work, determining how work is performed and provisioning insurance(s) for themselves. Unlike W-2 employees, independent contractors do not have taxes withheld from their pay by the clients or companies they work for. Instead, they are responsible for paying their own income taxes, self-employment taxes, and any other taxes required by law and regulation. See Section 13 for more details.
• “W-2”: A classification of work status in the United States that may apply to Care Providers when engaging with Care Seekers or Care Businesses. Care Providers in this classification are also referred to as “employees” and have an employer. They will typically have a significant portion of their work controlled by the employer, including work hours, methods, and tasks. Their employer is responsible for withholding applicable income taxes and paying Social Security, Medicare taxes, and unemployment taxes on wages paid. At the end of the tax year, W-2 employees receive a Form W-2 from their employer, which reports the employee's annual wages and the amount of taxes withheld from their paycheck. See Section 13 for more details.
• “Shifts”: Hours or days scheduled or worked by a Care Provider providing Care Services to a Care Recipient including Hourly and Live-In Shifts.
• “Hourly”: A work arrangement where Care Providers work a specified and finite time for a Care Seeker by arriving and leaving the work site at designated times. Care Providers do not sleep at or reside at the work site.
• “Live-In”: A work arrangement where Care Providers work for a Care Seeker while having a continuous presence at the work site that may include sleeping at and/or residing at the work site.
• “eCaregivers Care Navigator Training Program'': A training and certification program offered by eCaregivers for an individual to learn how to assist Visitors or Users through computer, email, live chat support and telephone for the purpose of assisting Users in maximizing the Site’s features, functionality and attributes. The program will be a minimum of 1 hour and a maximum of 4 hours and will include instruction via phone, video conference, pre recorded videos. A brief examination will be conducted at the conclusion of the training. Any attendee who passes the examination will receive a certificate from eCaregivers and be recognized as a Certified Care Navigator.
• “Certified Care Navigator”: An individual who completes the eCaregivers Care Navigator Training Program to assist Visitors or Users through computer, email, live chat support and telephone for the purpose of assisting Users in maximizing the Site’s features, functionality and attributes. This person may be an employee or independent contractor of eCaregivers; an employee or independent contractor of another business; or as a self-employed individual.
• “Care Manager”: Any User who joins the site as a Care Manager seeking to create and post a profile offering care management services to Visitors and/or Site Users.
• “eCaregivers’ Ambassador”: Any Care Provider who elects to refer other Care Providers to eCaregivers by adding their information into the Portal or sharing an Ambassador code (if available). (See Section 11 for Specific Terms by User Type.)

8. Description of Business

eCaregivers is an online Site where Care Seekers or Care Businesses and Care Providers can find & engage each other on a direct basis.

ECAREGIVERS IS NOT A HOME CARE AGENCY, HOME HEALTH AGENCY, COMPANION CARE AGENCY, HOME CARE REGISTRY, PERSONNEL PLACEMENT FIRM, TEMPORARY STAFFING AGENCY, OR ANY OTHER KIND OF STATE OR FEDERALLY LICENSED AGENCY, REGISTRY OR SIMILARLY DEFINED BUSINESS.

• eCaregivers does not provide any non-medical, medical, diagnostic, assessment, treatment or clinical services, engage in any conduct that may require a specific business license or provision any type of services other than being an online Site that connects parties through the Site and supporting Services.
• ECAREGIVERS DOES NOT EMPLOY ANY CARE PROVIDERS. Any relationship between Care Seekers and Care Businesses and Care Providers are solely determined by the parties and are each individually responsible for complying with all applicable federal, state, and local laws, rules and regulations.
• ECAREGIVERS DOES NOT RECOMMEND OR PLACE CARE PROVIDERS. Care Seekers/ Care Businesses are solely responsible for all reviewing, screening, interviewing, scheduling, vetting and selecting of any Care Provider for themselves and/or for the person or business they represent. (See Section 12 for Verification & Background Checks) Care Seekers / Care Businesses and Care Providers are solely and personally responsible for determining whether to commence a relationship and the terms and conditions of such relationship.
• eCaregivers personnel will not assist a Care Provider in any way in the promotion or performance of services for any Care Recipient, Care Seeker, or Care Business.
• eCaregivers is not responsible for any costs or expenses incurred by any User incurred through engaging with another User on or off the Site.

9. Overview of Site Features & Services

The following site features and services are offered by eCaregivers, and available to Users depending on the User type and the subscription plan chosen by the purchasing party.

• Notifications (for all Users): Site triggered text and/or email messages to notify Users of account information, Scheduling updates, and much more. For Care Seekers, Site may also display the same or similar notifications in the Care Seeker’s Portal. Users are responsible for the accuracy of their contact information.
• Search (for Care Seekers & Care Businesses): eCaregivers does NOT “match” or “recommend” any Care Providers. eCaregivers has a search algorithm using a proprietary criteria which includes but is not limited to: a Care Provider’s location, experience, skills, requested rate, last login date, and other collected information which will provide ordered results to Care Seekers and Care Businesses. Care Seekers and Care Businesses have the ability with the provided search tools to narrow or expand the pool of Care Providers appearing in their search results at any time.
• Search / Apply to Jobs (for Care Providers): Care Providers have the opportunity to search for local jobs and recruitment events that are posted by Care Seekers & Care Businesses once they have completed the requirements necessary to make their Profile visible to Visitors and/or Users. Care Providers have the ability with the provided search tools to narrow or expand the jobs appearing in their search results at any time.
• Job Posts / Applicants to Jobs (for Care Seekers):Care Seekers have the ability to post a job for Care Providers in their area to view and apply to. eCaregivers may choose to message Care Providers about any job posts in order to encourage applicants. Care Seekers may edit or remove their job post at any time in their Portal. Care Seekers may also view applicants to their job in their Portal where they will have the ability to view, message, interview, background check, and further vet their applicants.
• Messaging (for Care Seekers and Care Providers): Care Seekers may initiate a message to Care Providers. Once initiated, Care Seekers and Care Providers have unlimited access to messaging in their portals.
• Messaging (for Care Businesses and Care Providers): Care Businesses may message Care Providers with limits depending on their subscription plan. Care Providers will receive a notification about the message. Care Providers are unable to respond to these messages in their portal and further communication happens off the Site.
• Reveals (for Care Businesses): Care Businesses may reveal Care Providers’ contact information including but not limited to: name, email, and phone number based on their subscription plan. Care Businesses may then contact and engage Care Providers off of the Site.
• Telephone/Video Interviewing (for Care Seekers and Care Providers): Care Seekers may initiate a request for a telephone or video interview with a Care Provider in the Messaging feature. The Site will automatically generate a phone number with unique code and/or video link for the parties to interview without needing to exchange personal contact information.
• Ratings, Reviews and References (for Care Seekers and Care Providers): Care Providers may request a rating, review, or reference from their own contacts. Care Seekers may also provide a rating, review or reference for Care Providers they have scheduled through the Site. Once completed by a Reference Provider, the rating, review, or reference will be displayed on the Care Providers’ Profile for Care Seekers to see.
• Background Checks: (for Care Seekers and Care Providers): Care Providers may run a criminal background check (basic or premium), a driver’s license/record check, and/or a professional license check on themselves. The results of these checks may appear on their Care Provider Profile to Care Seekers. Care Seekers may also run a criminal background check (basic or premium), a driver’s license/record check, and/or a professional license check on Care Providers prior to engaging or hiring them or at any time in the future, with the Care Provider’s permission. A completed background check is required for Care Seekers using the Scheduling feature. See Section 12 for more Terms related to Background Checks.
• Scheduling (for Care Seekers and Care Providers): Care Seekers are able to schedule Care Providers. In order to schedule a Care Provider, the Care Seeker will need to enter the agreed upon schedule, rate, employment classification and payment type. Care Seekers also need to agree to the Insurance Coverage Terms, see Section 15 for more details. Care Providers are then able to review the schedule request in their Portal and accept or decline it. If accepted, Care Seekers and Care Providers are then able to see their schedule in their portal and have tools for adding, editing, canceling Shifts. Scheduled Hourly Shifts will prompt clock in / out and missed clock in / out notifications. Scheduled Live-In Shifts will prompt check in and missed check in notifications.
• Insurance Coverage (for Care Providers): Integrated insurance coverage is offered for Care Providers through Capital West, an insurance broker provided they meet the Eligibility Criteria. See Section 15 for more detail.
• Payment Processing for Shifts (for Care Seekers and Care Providers): The Site provides an integrated payment processing option for 1099 Shifts through Stripe and for W2 Shifts through HomeWork Solutions. See Section 16 for more detail.
• Split Billing (for Care Seekers): For Shifts paid through Stripe, a Care Seeker may invite other individuals to pay all or a portion of the Shift payments.
• Back Up Care (for Care Seekers and Care Providers): Care Providers may invite trusted friends, family or co-workers to join the Site as a Care Provider in their back up network. Once their requested individual joins and completes the requirements for their Profile to be visible to Visitors and/or Users, the back-up Care Providers will show to Care Seekers when they hire the original Care Provider. Care Seekers may engage and vet these Care Providers with all the same Site features and Services prior to having them cover a Shift. When a Care Provider indicates they can not make a scheduled Shift, Care Seekers will have the option to easily offer it to those pre-approved back up Care Providers.
• Care Navigation (for Care Seekers, Care Businesses, Care Providers): Assistance for Visitors or Users through computer, email, live chat support and telephone for the purpose of assisting Users in maximizing the Site and Services. See Section 17a for Disclaimers related to Care Navigation.

10. Subscription Plans

eCaregivers offers subscription plans based on User type and desired Site features and Services.

• Automatic Subscription Renewal- Subscription plans marked as auto-renew will continue indefinitely until canceled by the User. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew in perpetuity for an additional equivalent period as the subscription term you most recently selected.
• Upgrades / Downgrades to Plans: Plans may be upgraded or downgraded in your Portal. Upgrades and downgrades will result in a different subscription plan rate and Site features. If you upgrade your account, your plan will will be upgraded immediately and you will be charged immediately for the difference between the two plans prorated for the number of days left in the billing cycle. If you downgrade your plan, the changes to your plan’s features and billing will take place at the next renewal date and no pro-rated credit will be requested or applied.
• Canceling Plans: Plans may be canceled at any time. Cancellation will take effect upon the next scheduled renewal date. Canceling your plan does not remove your account. You may continue to log in to your account and reactivate your subscription at any time.
• Changes to Subscription Plans - All subscription plans and offerings are subject to change by eCaregivers. Changes may include but are not limited to: rates and/or included Site features. eCaregivers will notify you of any change to your subscription via email. Unless you choose to upgrade, downgrade, or cancel your subscription, eCaregivers will assume you accept the change and continue to renew your subscription.
• Billing Payment / Payments - By selecting a subscription plan and agreeing to the Terms you agree to pay eCaregivers all subscription charges associated with the plan you subscribe to and authorize eCaregivers to charge your chosen payment method. eCaregivers reserves the right to correct any errors in subscription plan charges.
• Additional Charges - To the extent you elect to purchase other products or services eCaregivers offers for a fee (example Background Checks), you authorize eCaregivers to charge your chosen payment method for the products or services you select.
• Taxes - You agree to pay any applicable state and local taxes on the Subscription plan which may be collected at the time of sale, or following written notice at a later date.
• Refund Policy - All payments for subscription plans are non-refundable and there is no obligation for eCaregivers to provide refunds or credits for unused or partially used subscription plans or mid subscription cancellations. eCaregivers, however, retains the sole and exclusive right in its discretion on an exception basis to review subscriber requests and provide full or partial refunds in the case of extenuating circumstances.

10a. Subscription Plans for Care Seekers

• Plan Options: Care Seekers have two Subscription plan options: the Basic plan and the Premium plan and Care Seekers have a choice to pay monthly or annually for their subscription, with different rates associated with these options. Care Seekers can also set their subscriptions to “automatically renew” or not.
• How to Upgrade / Downgrade / Cancel Plan: Care Seekers can upgrade, downgrade, or cancel their plan in their Portal by visiting the ““My Plan & Payments” tab and choosing “Update My Plan”. IF DOWNGRADING OR CANCELING A PLAN, YOU WILL LOSE ACCESS TO SELECT SITE FEATURES AND SERVICES ON THE RENEWAL DATE.

10b. Subscription Plans for Care Businesses

• Plan Options: Care Businesses have two subscription plan options: the Standard plan and the Advanced plan and Care Businesses have a choice to pay monthly or annually for their subscription, with different rates associated with these options. Care Businesses may also be able to set their subscriptions to “automatically renew” or not.
• How to Upgrade / Downgrade / Cancel Plan: Care Businesses can upgrade, downgrade, or cancel their plan in their Portal by visiting the “My Account” tab and choosing “Update My Plan”, then “Cancel Plan”. IF YOU DOWNGRADE OR CANCELING A PLAN, YOU WILL LOSE ACCESS TO SELECT SITE FEATURES AND SERVICES ON THE RENEWAL DATE.
• Free Trial Offers - Care Businesses may be offered a 30 day free trial to use the Site ("Free Trial"). If you select the Free Trial, you will be required to: (a) select a desired Post Trial subscription plan ("Subscription Plan"), if you don’t you will be automatically enrolled in a plan which you will be notified at the time of choosing the free trial and charged the day after your Free Trial ends, (b) provide valid payment method. Your payment method will not be charged until the expiration of the Free Trial (if you don’t cancel before the end of the Free Trial). You can cancel at any time during the Free Trial by logging into your Account and clicking “My Account” then “My Plan” then “Update My Plan” up to 11:59PM the last day of the Free Trial or by providing written notice via email at least 4 days prior to support@eCaregivers.com or support@eCaregiversRecruitment.com . It is your responsibility to timely cancel your Free Trial prior to the expiration of the term of the Free Trial to avoid any unwanted charges. Once your Free Trial is canceled you will lose access to information regarding candidates, Job Posts and other features of the applicable Free Trial Subscription Plan. If you don’t cancel prior to the end of the Free Trial term, eCaregivers will automatically charge your debit/credit card for the Initial Plan Term (if, for example, you are on a monthly Subscription Plan) or the first year (if you chose an annual Subscription Plan) or other applicable recurring period depending on the selected Subscription Plan ("Initial Plan Term").

11. Specific Terms by User Type

The following Terms are applicable to Users, based on their User type, and are in addition to all other Terms.

ECAREGIVERS MAKES NO GUARANTEES THAT BECAUSE A USER IS REGISTERED ON THE SITE AS A SPECIFIC USER TYPE THAT THEY ARE COMPLIANT WITH THE SPECIFIC TERMS OF THAT USER TYPE. ECAREGIVERS IS NOT REQUIRED TO, BUT MAY IN ITS SOLE DISCRETION, TAKE ACTIONS TO EVALUATE AND/OR VERIFY A USER’S COMPLIANCE WITH THE SPECIFIC TERMS BY USER TYPE.

11a. User Type Care Manager

Care Managers agree to only join the Site only to post a public Profile about their business’ services.

Care Managers agree and affirm they are someone who owns an established business and is educated, credentialed and experienced in any of several fields related to care management, including, but not limited to gerontology, nursing, or social work; with a specialized focus on issues related to aging and elder care and helps clients with assessment and monitoring, planning and problem-solving, education and advocacy & family caregiver coaching.

Care Managers agree to process inquiries & leads from their eCaregivers Profile in their normal process & manner.

eCaregivers does not require Care Managers to provide any payment for inquiries & leads. eCaregivers does NOT require Care Managers to refer to or use eCaregivers for their inquiries’, leads’, or clients’ current or future Care Services.

eCaregivers assume no responsibility for the business practices, choices and recommendations of Care Managers.

11b. User Type Care Business

Care Businesses agree to only join the Site only to recruit Care Providers for their business or legal entity based in the United States including but not limited to: home care agencies, home care registries, adult day care facilities, assisted living facilities, skilled nursing facilities, and/or hospitals; or who provides personnel placement for one of those businesses.

eCaregivers assumes no responsibility for finding or furnishing Care Businesses with a Care Provider or Care Providers. Care Businesses are solely responsible for posting jobs / hiring events, searching, reviewing applicants, messaging, vetting, engaging Care Providers, and any and all human resource processing.

11c. User Type Care Seeker

Care Seekers agree to only join the Site to seek Care Services for a Care Recipient in the United States.

eCaregivers assumes no responsibility for finding or furnishing Care Seekers with a Care Provider or Care Providers.

Care Seekers are solely responsible for posting jobs, searching, reviewing applicants, messaging, interviewing, reviewing ratings, reviews and references, initiating and reviewing verification and background checks, any and all vetting, and determining suitability for care.

Care Seekers are solely responsible for any and all decisions related to Care Services.

REGARDLESS OF THE WORK CLASSIFICATION CARE SEEKERS CHOOSE TO DEFINE, LOCAL, STATE OR FEDERAL GOVERNMENT MAY CLASSIFY YOUR WORKING RELATIONSHIP DIFFERENTLY WHICH MAY RESULT IN A CARE SEEKER BEING DEEMED THE CARE PROVIDER’S EMPLOYER.

11d. User Type Care Provider

Care Providers agree to join the Site only to find jobs providing Care Services to Care Recipients or Care Businesses.

Care providers agree to be in the United States legally and to be legally permitted to work in the United States.

eCaregivers assumes no responsibility for finding or furnishing jobs for Care Providers or for the accuracy and validity of any Shift requests by Care Seekers.

Care Providers agree and affirm that they do not rely solely on the eCaregivers for identifying jobs and they are free to advertise their services and find jobs or employment elsewhere.

Care Providers are solely responsible for vetting and determining suitability of Care Seekers and Care Recipients interested in their services using Site features and off-Site communication.

Care Providers are solely responsible for communicating schedule changes to Care Seekers. eCaregivers does not provide back-up or Shift coverage.

Care Providers are solely responsible for obtaining and maintaining any licenses or certificates that are required by law, regulation or governing authority to provide their offered Care Services. Care Providers will not knowingly, willfully, or negligently accept any offer from a Care Seeker if the Care Services to be provided require by law that you hold professional credentials or a license, which you do not have, and/or if you do not possess the required training, skills or ability to perform the services in a competent and lawful manner.

CARE PROVIDERS’ WORK MAY BE CLASSIFIED AS EITHER A 1099 OR W-2. SEE SECTION 13 FOR MORE DETAILS.

CARE PROVIDERS AGREE THAT IF THEY ARE A 1099 THEY WILL BE RESPONSIBLE FOR PAYING ALL TAXES ON THEIR EARNINGS.

CARE PROVIDERS AGREE THAT IF THEY ARE A W-2 CERTAIN DEDUCTIONS WILL BE TAKEN FROM YOUR PAY INCLUDING BUT NOT LIMITED TO INCOME TAXES, MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS.

REGARDLESS OF THE WORK CLASSIFICATION, YOU MAY BE PROTECTED FROM WORK-RELATED INJURIES THROUGH WORKERS COMPENSATION INSURANCE IF REQUIRED BY LAW OR AVAILABLE TO YOU. IT IS YOUR RESPONSIBILITY, NOT ECAREGIVERS’, TO KNOW WHAT IS REQUIRED BY YOUR STATE OR AVAILABLE AND TO PROVIDE OR ATTAIN COVERAGE AS REQUIRED OR DESIRED.

Care Providers agree and affirm that, unless a written agreement to the contrary is duly executed, or by law or regulation, that they have no interest in or to the Care Recipient’s property or assets; including but not limited to co-ownership, rentor’s rights, cohabitation rights, or squatter rights. Care Providers agree to leave the Care Recipient’s premises immediately upon request by the Care Seeker, Care Recipient, or authorized representative of either party.

For Care Providers who choose to become an eCaregivers’ Ambassador electing to refer other Care Providers to eCaregivers by adding their information into the Portal or sharing an Ambassador code (if available) agree to the following:

• Participation in the eCaregivers’ Ambassador Program is optional. There is NO cost to participate, and participation or lack of participation in the eCaregivers’ Ambassador Program does NOT give Care Providers priority or impact their ability to find jobs or be found by Care Seekers and/or Care Businesses.
• eCaregivers is NOT your employer. Participants will be acting as a 1099 of eCaregivers ONLY when referring Care Providers. IMPORTANT NOTE: This classification NEVER applies when a Care Provider is providing Care Services to a Care Recipient.
• eCaregivers’ Ambassadors will not be paid a salary and will not be entitled to any benefits from eCaregivers. Care Providers who choose to participate receive $5 per referred Care Provider who joins the site and completes the requirements for their Profile to be visible to Visitors and/or Users up to an annual maximum of $500. Payments are processed from eCaregivers to the Care Provider through Stripe quarterly by the 15th of the month after the end of the quarter. eCaregivers’ Ambassadors are required to have a Stripe account set up in order to receive payments. As with all Stripe payments, payments process within 2-10 business days depending on the account.
• eCaregivers reserves the sole and exclusive right, at its sole discretion, to limit, modify, amend or terminate the Ambassador Program at any time and for any reason, including, but not limited to, changes in referral fees, length / perpetuity of payments, and other program details. eCaregivers will notify you of any changes to Ambassador Program prior to their effective date using the email address that is provided as part of your account credentials.

12. Verification & Background Checks

Integrated background checks, if run through the Site, are processed through a third-party vendor, Global Verification Network PO Box 95258, Palatine Illinois 60095 or (877) 695-1179.

ALL USERS UNDERSTAND, ACKNOWLEDGE AND EXPRESSLY AGREE THAT

• eCaregivers reserves the right to change the verification and background check options, what is included in those options, the pricing, and/or the process at any time and at its sole discretion.
• ECAREGIVERS DOES NOT HAVE CONTROL OVER OR ASSUME ANY RESPONSIBILITY FOR THE QUALITY, ACCURACY, RELIABILITY OF THE INFORMATION OBTAINED THROUGH OR FROM ANY VERIFICATION OR BACKGROUND CHECK COMPLETED THROUGH Global Verification Network OR A THIRD PARTY VENDOR OF THE USER’S CHOOSING.
• YOU HEREBY REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE THAT VERIFICATION AND BACKGROUND 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, SOME BACKGROUND CHECKS WILL ONLY INCLUDE FELONY CONVICTION RECORDS AND NOT MISDEMEANOR OR ARREST RECORDS. IF YOU DECIDE TO ACCESS, USE, OR SHARE INFORMATION PROVIDED BY A BACKGROUND CHECK, YOU AGREE TO DO SO ONLY IN ACCORDANCE WITH APPLICABLE LAW AND IN ACCORDANCE WITH ANY INSTRUCTIONS AND/OR GUIDANCE PROVIDED BY THE THIRD-PARTY VENDOR OR CONSUMER REPORTING AGENCY THAT PROVIDES THE REPORT OF INFORMATION. YOU AGREE TO INDEMNIFY, HOLD ECAREGIVERS HARMLESS AND TO RELEASE ECAREGIVERS FROM ALL LIABILITY, CLAIMS AND CAUSES OF ACTION RELATED TO OR ARISING FROM YOUR DECISION TO CONDUCT OR NOT TO CONDUCT VERIFICATION AND BACKGROUND CHECKS ON ANY CARE PROVIDER TO INCLUDE THE REVIEWING AND/OR SHARING OF SUCH REPORTS WITH ANY PARTIES, AND EVEN IF SUCH CLAIMS OR CAUSES OF ACTION ARE INITIATED BY THIRD PARTIES.
• ECAREGIVERS HAS THE OPTION AND RIGHT, BUT NOT THE OBLIGATION, TO REVIEW ALL BACKGROUND CHECKS RUN BY USERS REGARDLESS OF WHO INITIATES AND PAYS FOR THE BACKGROUND CHECK.
• ECAREGIVERS RETAINS THE SOLE AND EXCLUSIVE RIGHT, AND AT ITS DISCRETION, TO REFUSE TO ESTABLISH AN ACCOUNT FOR ANY PERSON OR ENTITY THAT APPLIES TO A REGISTERED USER, OR TO DISCONTINUE, LIMIT OR RESTRICT THE USE OF OR ACCESS TO THE SITE FOR ANY REGISTERED USER BASED ON THE INFORMATION ECAREGIVERS OBTAINS FROM THE VERIFICATION AND BACKGROUND CHECKS CONDUCTED, EVEN IF SUCH INFORMATION WAS PREVIOUSLY ACCEPTED OR OVERLOOKED, AND REGARDLESS OF WHO ORDERED OR PAID FOR THE CHECK.
• If eCaregivers terminates, limits or restricts your access to or use of the Site based on the results of a background check, you will be notified of the name and contact information of the third-party vendor or consumer reporting agency that created the report and/or provided the information so that you may address the report findings with the third-party vendor or consumer reporting agency. eCaregivers assumes FCRA responsibility and your Pre-Adverse and Adverse action letters, if applicable, will be sent by eCaregivers. eCaregivers will also provide you a copy of any report run on you if required by law, rule or regulation unless the third-party vendor or consumer reporting agency has already provided you a copy or access to the report or is otherwise responsible to do so.

12a. Verification & Background Checks by eCaregivers

• AS A CONDITION OF USING THE SITE & SERVICES, ALL REGISTERED USERS CONSENT AND AGREE THAT ECAREGIVERS HAS THE OPTION AND RIGHT, BUT NOT THE OBLIGATION, TO USE A THIRD PARTY VENDOR OR A CONSUMER REPORTING AGENCY TO VERIFY YOUR IDENTITY. Verification may be conducted using your personal information provided upon your registration or via updates to such registration with eCaregivers, including but not limited to Social Security Number, address, phone numbers, licenses or certifications, and work and personal references. The results of these verification are used solely by eCaregivers for determining a person or entity’s eligibility to be a User on the Site.
• ECAREGIVERS DOES NOT RUN BACKGROUND CHECKS ON USERS. CARE PROVIDERS AND CARE SEEKERS MAY RUN BACKGROUND CHECKS ON CARE PROVIDERS (SEE SECTIONS 12B & 12C FOR MORE DETAIL).

12b. Verification & Background Checks by Care Providers:

Care Providers will be required to accept an “Authorization & Disclaimer” prior to ordering the check.

The cost for conducting verification and background checks is the responsibility of the User that initiates the check. eCaregivers in its sole discretion may cover the cost, which will be noted on site.

Regardless of who pays, the Care Provider’s name will be noted on the report as the requester of the verification or background check.

Care Providers who run verification and background checks on themselves may have an icon added to their profile within 5 business days indicating to Care Seekers which checks have been completed and the overall results, and may also be boosted in Search results for Care Seekers to see more easily. If for any reason a Care Provider wishes to have their Icon/Badge removed from the site they may cancel their account or request such icon/badge be removed by emailing support@eCaregivers.com with such request. The ultimate decision to remove such icon/badge shall be at the sole discretion of eCaregivers.

Care Providers will receive a full copy of the results from eCaregivers or the third party vendor. Care Providers may choose to share this copy with other Users or individuals off of the Site at their discretion.

12c. Verification & Background Checks by Care Seekers:

CARE SEEKERS AGREE TO TAKE EVERY REASONABLE EFFORT TO FULLY AND THOROUGHLY VET CARE PROVIDERS BEFORE MEETING WITH A CARE PROVIDER IN PERSON, PERMITTING A CARE PROVIDER TO ENTER THE CARE SEEKER AND/OR CARE RECIPIENT'S RESIDENCE, OR PROVIDE CARE SERVICES TO THE CARE RECIPIENT.

ECAREGIVERS HIGHLY RECOMMENDS CARE SEEKERS RUN VERIFICATION AND BACKGROUND CHECKS BE CONDUCTED PRIOR TO ENGAGING A CARE PROVIDER, AND AT PERIODIC INTERVALS THEREAFTER DURING THE COURSE OF CARE SERVICES, GIVEN THAT THE INFORMATION INCLUDED IN VERIFICATION AND BACKGROUND CHECKS CAN CHANGE AT ANY TIME.

ECAREGIVERS HIGHLY RECOMMENDS CARE SEEKERS REVIEW CARE PROVIDER DOCUMENTS, INCLUDING BUT NOT LIMITED TO: SOCIAL SECURITY CARDS, DRIVER’S LICENSES, GREEN CARDS, WORK AUTHORIZATION CARDS/DOCUMENTS AND PROFESSIONAL LICENSES, PHYSICALLY IN PERSON TO VERIFY THEIR LEGITIMACY.

CARE SEEKERS AGREE THEY MAY CONDUCT VERIFICATION AND BACKGROUND CHECKS THROUGH OUR THIRD PARTY VENDOR, Global Verification Network, OR THROUGH ANY VENDOR OF THEIR CHOICE BY ASKING THE CARE PROVIDER FOR THE NECESSARY INFORMATION AND PERMISSION.

Care Seekers may request and run verification and background checks through the Site’s vendor to include but not limited to criminal, driver records and professional license checks, on Care Providers prior to engaging them or at any time thereafter. When using the Site’s Scheduling feature, Care Seekers may be required to run a background check if the Care Provider has not already done so.

The cost for conducting verification and background checks is the responsibility of the User that initiates the check. eCaregivers in its sole discretion may cover the cost, which will be noted on site. Regardless of who pays, the Care Seeker’s name will be noted on the report as the requester of the verification or background check.

CARE PROVIDERS HAVE THE OPTION TO AUTHORIZE AND CONSENT, OR REJECT VERIFICATION AND BACKGROUND CHECKS REQUESTS BY CARE SEEKERS IN THEIR PORTAL.

Care Seekers will be notified of a report’s return and will receive the report which they can review and use to determine whether to move forward with establishing a relationship with a particular Care Provider. Any concerns regarding the report and/or information obtained by Care Seekers must be addressed by the Care Seeker with the third-party vendor that issued the report or with the Care Provider directly, and not eCaregivers.

If a Care Seeker rejects a Care Provider or terminates an existing relationship with a Care Provider based upon the information obtained from a verification and background check, the Care Seeker assumes FCRA responsibility and may be required by law to provide the Care Provider with the name and contact information of the third-party vendor or consumer reporting agency that created the report and/or provided the information so that the Care Provider may address the report findings they disagree with the third-party vendor or consumer reporting agency. Care Seekers must also provide the Care Provider with a copy of any report as required by law, rule or regulation unless the third-party vendor or consumer reporting agency has already provided the Care Provider with a copy or access to the report or is otherwise responsible to do so. Any inaccuracies in the report or information provided must be addressed by the Care Provider with the third-party vendor or consumer reporting agency that issued the report or provided the information and not with eCaregivers. The Care seeker will be responsible for the FCRA compliance requirements to include Pre Adverse and Adverse Action letters to the Care Provider per FCRA to send out an “adverse action” notification timelines and requirements. As a site offering and as the technology integrator, eCaregivers upon request from Care Seeker, will send a Pre Adverse letter on behalf of the Care Seeker. Then, after a 10 day period, if you have concerns about hiring a Care Provider you have run any Background check on you need to notify that Care Provider and provide them 10 days to dispute the accuracy of the report with Global Verification Network the consumer reporting agency that generates the background check. Care Seeker’s agree to do this by notifying eCaregivers via email to support@eCaregivers.com with your request and instruct eCaregivers to to notify the Care Provider to send the pre adverse letter which shall include a 10 day time period for the Care Provider to dispute the report directly with Global Verification Network to fulfill your FCRA legal obligations. After the 10 day period, then if Care Seeker has decided not to engage the Care Provider the Care Seeker must send an Adverse Action letter to the Care Provider. In such cases, the Care Seeker agrees to email eCaregivers at support@eCaregivers.com and request and instruct eCaregivers to send an Adverse Action letter on their behalf to fulfill their FCRA legal obligations. eCaregivers will confirm back via email any pre adverse or adverse letters it sends out per Care Seekers email request and instructions to eCaregivers to do so.

CARE PROVIDERS WILL RECEIVE A COPY OF EVERY BACKGROUND CHECK RUN ON THEM BY CARE SEEKERS THROUGH Global Verification Network. Care Providers are prohibited from sharing background checks run by a Care Seeker with another Care Seeker or other individuals to protect the Care Seeker’s identity, as the Care Seeker’s name appears on the report. Care Providers who violate this Term assume all responsibility and liability for doing so and agree to indemnify and hold eCaregivers harmless from all liability, claims and causes of action related to or arising from your decision to violate this Term including claims or causes of action initiated by third parties.

13. Classifying the Work Relationship

ECAREGIVERS IS A SITE WHERE CARE SEEKERS / CARE BUSINESS CAN FIND AND ENGAGE CARE PROVIDERS WHO USE THE SITE TO MARKET THEIR SERVICES.

ECAREGIVERS DOES NOT ENGAGE ANY CARE PROVIDER AS A W-2 EMPLOYEE FOR SHIFTS WHERE THEY PROVIDE CARE SERVICES TO A CARE RECIPIENT OR AT ANY OTHER TIME. ECAREGIVERS ALSO DOES NOT ENGAGE ANY CARE PROVIDER AS A 1099 FOR SHIFTS WHERE THEY PROVIDE CARE SERVICES TO A CARE RECIPIENT. ECAREGIVERS DOES NOT RECOMMEND, DICTATE, OR CONTROL THE HOURS OF WORK, SCOPE OF WORK, OR RATE OF WORK.

CARE SEEKERS AND/OR CARE BUSINESSES ARE RESPONSIBLE FOR THEIR WORK CLASSIFICATION WITH CARE PROVIDERS IN ACCORDANCE WITH FEDERAL, STATE, AND LOCAL LAWS WHICH MAY VARY. ALL USERS SHOULD CONSULT WITH A LAWYER, ACCOUNTANT OR OTHER PROFESSIONALS PRIOR TO AND WHILE ENGAGING IN A WORKING RELATIONSHIP WITH ANOTHER USER(S).

Any issues concerning the work classification or terms of the relationship must be resolved directly by and between the Care Seeker and/or Care Business and the Care Provider.

13a. Work Classifications between Care Seekers and Care Providers

Basic plans - Care Seekers on Basic plans have limited Site features and functionality. Work classification can be done through messaging or off the Site. There is no record of the classification chosen by the parties on the Site.

Premium plans - Care Seekers on Premium plans have full features and functionality. If they choose to schedule care through the Site, Care Seekers may designate the work classification at that time. Options will include:

• DIRECT- Relationship is not classified on the Site. Work classification can be done through messaging or off the site. There is no record of the classification chosen by the parties on the Site.
• 1099- Care Seekers and Care Providers may designate the relationship as 1099 on the Site by selecting the integrated 1099 shift payment processing option using Stripe. See Sections 13 & 16 for more details.
• W2 PAY - Care Seekers and Care Providers may designate the relationship as W-2 on the Site by selecting the integrated W-2 shift payment processing option using HomeWork Solutions. See Sections 13 & 16 for more details.

REGARDLESS OF THE WORK CLASSIFICATION YOU CHOOSE TO DEFINE, LOCAL, STATE OR FEDERAL GOVERNMENT MAY CLASSIFY YOUR WORKING RELATIONSHIP DIFFERENTLY WHICH MAY RESULT IN A CARE SEEKER BEING DEEMED THE CARE PROVIDER’S EMPLOYER.

13b. Work Classifications between Care Businesses and Care Providers

Care Businesses are responsible for work classification with Care Providers off the Site. There is no record of the classification chosen by the parties on the Site.

14. Scheduling Functionality

The Site provides scheduling functionality for Care Seekers on Premium plans. eCaregivers assumes no responsibility for scheduling Care Providers for Care Services with Care Recipients. It is solely the responsibility of the Care Seekers and Care Providers to determine and manage Shifts.

• Background Check Requirement - Before a Care Seeker can schedule Care Services with a Care Provider using the Site’s scheduler, a background check may be required (see Section 12 for more information).
• Initial Schedule Request - Before a Care Seeker can schedule a Care Provider for the first time, they must send a request. In sending this request, they choose the Care Provider, Care Recipient, enter the Shift schedule, enter a pay rate (which may or may not be what the Care Provider requested), choose a payment processing option (see Section 16 for more information), and sign off on the insurance coverage conditions (see Section 15 for more information). The Care Provider is solely responsible for reviewing the Care Seeker’s selections and accepting or declining the schedule request. If the Care Provider accepts, the requested Shifts will be added to both the Care Seeker and Care Provider’s schedules. If the Care Provider declines, the Care Seeker will be notified and may make a new request.
• Adding/Editing/Canceling Shifts - Both Care Seekers and Care Providers have a variety of options in the scheduler. Care Seekers can add new Shifts, edit scheduled Shifts, and cancel scheduled Shifts. When doing so, they must confirm their original choices OR change them regarding: the Care Provider, Care Recipient, enter the Shift schedule, enter a pay rate (which may or may not be what the Care Provider requested), and choose a payment processing option (see Section 16 for more information). Depending on the edits they choose to make, certain notifications may be sent to the Care Provider. Additionally, some edits may require the Care Provider’s acceptance before they are made on the schedule. Care Providers can edit scheduled Shifts or say they can’t make a scheduled shift. Care Seekers will be notified of changes made by Care Providers.
• Hourly Clock In/Out - For Hourly Shifts, Care Providers are asked to clock in and out through a verified methodology. They may use GPS verification OR telephony verification (by calling from the Care Recipient’s home phone number). If a Care Provider misses a scheduled clock in/out, notifications will be triggered approximately 15 minutes after the scheduled clock in/out. If a Care Provider has clocked in to a Shift, but not out, the Site will wait 1 hour and then default the clock out time to the scheduled Shift end time.
• Live-In Check Ins - For Live-In Shifts, Care Providers will be requested by the Care Seeker to “check in” at least once, and up to three times, per Shift via a verified methodology. They may use GPS verification OR telephony verification (by calling from the Care Recipient’s home phone number). If a Care Provider misses a scheduled check in, notifications will be triggered approximately 15 minutes after the scheduled check in and the Care Provider may check in up to 1 hour after the scheduled time.
• Care Task Updates - At the conclusion of each shift, Care Providers may be asked to update which Care Tasks were completed during their shift. eCaregivers assumes no responsibility for the Care Tasks selected by the Care Seeker, the completion or lack of completion of the Care Tasks by the Care Provider or the reporting of completion or lack of completion of the Care Tasks by the Care Provider, and anything else related to Care Tasks.
• Schedule Notifications - The Site strives to send automated notifications based on the actions of Care Seekers and Care Providers in the scheduler to the respective Users as well as Care Network Contacts. Notifications are not set or guaranteed for any specific triggers or scenarios. These notifications are sent via email and/or text message. Due to a number of external factors to include but not limited to: phone and internet service providers, spam filters, silencing and blocking features, eCaregivers assumes no responsibility in these notifications reaching end Users in a timely manner or at all. Care Seekers and Care Providers agree to review the Site’s scheduler at their own self-determined necessary cadence to ensure their desired outcome. eCaregivers assumes no responsibility for the Care Recipient or for any adverse events based on notifications sent, received, or the absence of notifications sent and received.

15. Insurance Coverage for Care Providers

All Care Providers are encouraged to obtain professional liability insurance, and other insurances such as occupational accidental insurance to protect themselves as in the event of a mishap or other event that results in injury or harm to the Care Recipient while you are providing services.

eCaregivers facilitates these insurance coverages for Care Providers through Capital West, an insurance broker, if the Coverage Conditions are met. This does not, however, restrict Care Providers from having separate policies and Care Providers are encouraged to protect themselves to their desired outcome.

All Users agree and understand that the Care Provider is the insurance policyholder and the covered party.

• Coverage Conditions- The insurance coverage applies ONLY for Shifts when the Care Provider’s Shifts are scheduled in the eCaregivers scheduler, the Care Provider is clocked in to the Shift, and the Care Provider is paid for Care Services through one of eCaregivers’ payment processors: Stripe for 1099 and HomeWork Solutions for W-2.
• Policy Coverage Information- The Care Provider’s certificate of insurance is automatically created and provided to the Care Provider by the insurance broker or its carrier. The coverage includes Professional Liability, General Liability, Occupational Accident, Auto Liability and Sexual Abuse insurance. The specifics of the Care Provider’s coverage including limitations can be found on the certificate of insurance which is displayed in their portal. An example certificate of insurance is also provided in Care Seeker portals for reference.
• Cost Of Insurance- The cost of these insurance coverages is $.43 cents per hour up to $3.44 maximum per day per Care Provider. When a Care Provider is a 1099 paid through Stripe, the cost is paid for by the Care Provider. eCaregivers automatically subtracts this from their gross earnings and processes payment to the Insurance broker on the Care Provider’s behalf. When the Care Provider is a W-2 paid through HomeWork Solutions, the cost is paid for by the Care Seeker who is deemed the Care Provider’s employer. This cost is charged to the Care Seeker in a separate transaction from the shift payment via Stripe.
• Filing A Claim- The Care Provider should follow the filing instructions on their certificate of insurance to file a claim.

eCaregivers assumes no responsibility for Users’ understanding or misunderstanding of the insurance coverage, coverage conditions, or limitations. Each User is responsible for reading the Terms & the certificate of insurance.

16. Shift Payment Processing

eCaregivers provides integrated and non-integrated options for Shift payment processing between Care Seekers and Care Providers. The availability of these options may depend on the Care Seeker’s choice of subscription plan and chosen work classification.

REGARDLESS OF WHICH SHIFT PAYMENT PROCESSING OPTION CARE SEEKERS CHOOSE, THEY ARE SOLELY RESPONSIBLE FOR SHIFT PAYMENTS TO CARE PROVIDERS. ECAREGIVERS ASSUMES NO RESPONSIBILITY IN ENSURING THE ACCURACY, TIMELINESS, OR COMPLETION OF A SHIFT PAYMENT. ISSUES REGARDING SHIFT PAYMENTS ARE THE OBLIGATION OF CARE SEEKERS AND CARE PROVIDERS TO RESOLVE.

ECAREGIVERS DOES NOT TAKE POSSESSION OF OR RESPONSIBILITY FOR THE CARE PROVIDER’S EARNINGS AT ANY TIME.

Shift payment processing options include:

16a. DIRECT PAY -

• Processor - Payments are not processed through the Site or through any third party vendor integration. Care Seekers and Care Providers agree to calculate, transfer funds, and keep records of payments off of the Site.

16b. PAY 1099s WITH STRIPE -

• Processor - Payments are processed through Stripe, a third party vendor. The Care Seeker must enter a credit card as a payment method. The Care Provider must complete a Stripe account and enter a bank account or debit card to receive payments.
• Payments Per Shift - Shift payments are charged and processed for each individual Shift.
• Reviewing/Adjusting Payment - After a Shift has been completed or is assumed to be completed (such as the Care Provider clocked in to an Hourly Shift but not out OR the Care Provider completed at least 1 Live-In Shift check in even if more were scheduled), the shift will generate an invoice. The invoice will be available for the Care Seeker to review in their Portal. Care Seekers may adjust the invoice to reflect any payment changes they wish and see fit to make. Care Seekers who make adjustments are solely responsible for these changes. Care Seekers may also dispute an invoice with the Care Provider. Care Seekers will have 24 hours to approve or dispute each Shift invoice manually. After which time, the Shift invoice will be automatically approved and payment processed automatically.
• Shift Payment & Fees Associated with Shift Payment - With each Shift payment, the Care Seeker will be pay the Care Provider’s Shift earnings plus a 5% eCaregivers fee and Stripe’s credit card processing fee of 2.9% (of the Care Provider’s Shift earnings). eCaregivers absorbs the cost of an additional Stripe transaction fee of $.30 per transaction out of our 5% fee. Stripe will charge the Care Seeker credit card one time per Shift payment. Stripe will then disburse the funds on behalf of the Care Seeker in three parts to 1-pay the Care Provider their earnings minus their insurance cost (see Sections 15 & 16 for more information), 2-pay eCaregivers’ our fee plus the Care Provider’s insurance cost, and 3-pay Stripe’s credit card fees.
• NO Employer / Employee Taxes - No payroll, income taxes or other deductions related to payroll are withheld from the Care Provider’s earnings.
• Overtime - No overtime calculation is automated. If required and/or agreed upon by the Care Seeker and Care Provider, overtime may be manually tracked and calculated by the Care Seeker, who can adjust the Shift Payment to include the overtime pay.
• Payment Records - Care Seekers and Care Providers will have access to invoice/pay information in their respective Portals. Care Seekers may at their option choose to issue a 1099 or other related documents of their choice.
• Split Billing / Pay Share - If a Care Seeker has designated a Pay Share Care Network Contact, each Shift payment will be processed by splitting the charge and payment based on the Care Seeker’s designated share percentages. If a Pay Share Care Network Contact’s payment method fails, the percentage they are assigned will automatically be charged to the Care Seeker. The Care Seeker is 100 percent responsible for any failed payment methods of their Pay Share Care Network Contact or themselves. A Pay Share Care Network Contact who wishes to adjust their designated percentage, must contact the Care Seeker who invited them as they are the only person who can make that change. However, A Pay Share Care Network Contact who wishes to no longer participate in payments may use the link provided to them in their invitation email to Opt Out. eCaregivers assumes no responsibility regarding the relationship and/or agreement between the Care Seeker and Pay Share Care Network Contact.

16c. PAY W-2s WITH HomeWork Solutions

• Processor - Payments are processed through HomeWork Solutions, a third party vendor. The Care Seeker must complete a HomeWork Solutions account and agree to pay HomeWork Solutions their separate fees per your agreement with them. The Care Provider must also complete a HomeWork Solutions account.
• Reviewing/Adjusting Payment - After a shift has been completed or is assumed to be completed, the Care Seeker may review the invoice in their Portal. Care Seekers may adjust the invoice to reflect any payment changes they wish to make. Care Seekers who make adjustments are solely responsible for these changes.
• Processing Payments / Additional Adjustments - Shift Payments Are Processed Weekly Or Bi-Weekly Depending On The Selection Of Care Seekers With HomeWork Solutions. THERE IS NO INTEGRATION BETWEEN ECAREGIVERS SCHEDULER AND HomeWork Solutions. THE CARE SEEKER IS RESPONSIBLE FOR REFERENCING THE ECAREGIVERS PORTAL TO FILL OUT TIMESHEETS IN THE HomeWork Solutions SYSTEM. At this time, Care Seekers may make adjustments to the hours or pay. Care Seekers who make adjustments are solely responsible for these changes.
• Shift Payment & Fees Associated with Shift Payment - HomeWork Solutions will charge the Care Seeker for the Care Provider earnings, employer taxes, and HomeWork Solutions’ fees. HomeWork Solutions will pay the Care Provider and issue a pay stub with each paycheck which will show their earnings and any deductions (example taxes). Separately, eCaregivers will charge the Care Seeker credit card each Shift through Stripe for the insurance coverage of $.43 per hour or $3.44 per day, the eCaregivers’ fee of 5% and the 2.9% credit card fee (both based on the Care Provider’s earnings). eCaregivers absorbs the cost of an additional Stripe transaction fee of $.30 per transaction out of our 5% fee.
• Employer / Employee Taxes - Care Seekers are required to work with HomeWork Solutions and other professionals such as an accountant or lawyer to ensure they are paying the Care Provider correctly as a W-2, following all federal, state, and local rules and regulations (including overtime rules).
• Overtime - No overtime calculation is automated. If required and/or agreed upon by the Care Seeker and Care Provider, overtime may be manually tracked and calculated by the Care Seeker with HomeWork Solutions support, who can adjust the entry to HomeWork Solutions.
• Payment Records - HomeWork Solutions will issue reports required to be submitted by the Care Seeker to the taxing authorities, and issue the Care Provider a W-2 at the end of the year. HomeWork Solutions will make payment records available to Care Seeker and Care Provider in their HomeWork Solutions portals and/or upon request.

17. Additional Disclaimers, Warranties, Limitations, Waivers & Indemnification

17a. Additional Disclaimers, Warranties, Limitations, Waivers

• Relationship with eCaregivers - THESE TERMS ARE NOT INTENDED TO, NOR SHOULD THEY BE CONSTRUED AS, MAKING ECAREGIVERS OR ANY VISITOR OR REGISTERED USER THE PARTNER, EMPLOYER, EMPLOYEE, CO-OWNER, JOINT VENTURE, AGENT, LEGAL REPRESENTATIVE, OR CONTRACTOR OF THE OTHER PARTY, UNLESS SPECIFICALLY AND EXPRESSLY OTHERWISE SET FORTH ABOVE.
• Representation by Parties - Neither eCaregivers or User 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 any other party, except as provided for herein or authorized in writing by the party to be bound.
• Site Availability - eCaregivers endeavors to always have the Site be fully operational and working. However, to include but not limited to: acts of god, Cyber Attacks, terrorism, energy grid, internet availability, failed programming/coding/software, or failed server hosting it is impossible to guarantee Site availability and functionality.
• Site Availability on Various Devices - The Site is best viewed on computers purchased within the past 3 years, popular browsers which are correctly kept up to date, and standard or larger computer screens. specific browser types and screen sizes. Due to the vast variety of equipment available on the market, eCaregivers is not responsible for ensuring Content is available and/or legible on all potential devices. browser types and screen sizes.
• Content Availability - Users should be aware that some information may be shared on or through the Site can be viewed by Visitors or Users. Users should be careful not to post any information on or to the Site that they do not want any known or unknown party to view or read.
• HIPAA - eCaregivers is not a covered entity or business subject to HIPAA regulations and has no obligation to maintain the confidentiality of any information under HIPAA. eCaregivers does not proactively monitor or block any Content on the Site or through the Services that may contain information that is protected under the Health Insurance Portability and Accountability Act (“HIPAA”). Users accept, affirm and acknowledge full responsibility for disclosure of any HIPAA violations and indemnifies eCaregivers for any and all actions of any type and will indemnify and defend eCaregivers from such actions to include any third party actions.
• Actions of Users - eCaregivers assumes no responsibility for the actions or inactions of any User.
• Care Navigation - CARE NAVIGATORS DO NOT MAKE DECISIONS OR RECOMMENDATIONS TO ANY SITE USER’s ABOUT CARE SERVICES, RATES, WHO TO WORK FOR, WORK WITH, OR ENGAGE WITH, SCHEDULES or PAY, AS SITE USER’s RETAIN THAT ROLE EXCLUSIVELY AND MAKE SUCH DECISIONS. AN INDIVIDUAL MUST COMPLETE THE ECAREGIVERS CARE NAVIGATOR TRAINING TO BE RECOGNIZED AS A CARE NAVIGATOR. Opinions, advice, statements, offers, or other information or content made available through Care Navigators are those of the Care Navigator themselves of which they own fully responsibility.
• Third Party Links & Integrations - Links & integrations from the Site to external sites such as Global Verification Network, HomeWork Solutions or sites where eCaregivers facilitates feature offerings like Care Provider insurances (including external sites that are framed or noted by eCaregivers) or inclusion of advertisements do not constitute an endorsement by eCaregivers of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience. Users access these links at their own risk, and it is the responsibility of Users to evaluate the content and usefulness of the information obtained from other sites. eCaregivers does not control these sites and is not responsible for their content. Links on the Site to these sites does not mean that eCaregivers endorses any of the material on these sites or has any association with their operators. The use by Users of any such site is controlled and governed by the terms and conditions of use for those specific sites, and not by these Terms. eCaregivers expressly disclaims any liability derived from the use and/or viewing of links that may appear on the Site.

17b. Indemnification

BY AGREEING TO THESE TERMS ALL USERS AGREE TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD ECAREGIVERS, INCLUDING ITS AFFILIATES, LICENSEES AND SUCCESSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, OR SHAREHOLDERS (COLLECTIVELY “INDEMNIFIED PERSONS''), HARMLESS FROM ANY CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF the USE OF THE SITE AND/OR SERVICES AND/OR LINKED OR INTEGRATED THIRD PARTY SITES OR SERVICES, INCLUDING BUT NOT LIMITED TO: (1) BREACH OF THESE TERMS; (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (3) ANY ALLEGATION THAT ANY MATERIALS SUBMITTED TO OR TRANSMITTED THROUGH THE SITE INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR PRIVACY RIGHTS OF ANY THIRD PARTY; AND/OR (4) ANY OTHER ACTIVITIES IN CONNECTION WITH THE SITE TO INCLUDE ALL USER ACTIVITY ON OR OFF THE SITE. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.

YOU AGREE, ACKNOWLEDGE AND AFFIRM:

• TO PROMPTLY DEFEND AND INDEMNIFY ECAREGIVERS FROM ANY PERSON, BUSINESS, ENTITY OR ANY THIRD PARTY OR REPRESENTED PARTY, AGAINST ANY SUCH LOSSES, CLAIMS, DAMAGES, LIABILITIES OR EXPENSES;
• YOU WILL NOT TO SETTLE WITHOUT CONSULTING ECAREGIVERS AND OBTAINING ECAREGIVERS’ PRIOR WRITTEN CONSENT;
• YOU WILL BE 100% RESPONSIBLE FOR ALL LEGAL & FINANCIAL OUTCOMES AND JUDGEMENTS.
• ECAREGIVERS RESERVES THE SOLE AND EXCLUSIVE RIGHT TO PARTICIPATE AND TAKE CONTROL OF ITS DEFENSE THROUGH SEPARATE COUNSEL, AT ITS SOLE DISCRETION.
• ALL USERS AGREE, ACKNOWLEDGE & AFFIRM THE "INDEMNIFICATION TERM & CONDITION" INCLUDES AND APPLIES AND TRANSFERS TO ANY PERSON, BUSINESS, ENTITY, PARTNER, CHANNEL, AFFILIATE, OR EMPLOYEE ASSISTANCE PROGRAM PROVIDER (SUCH AS “ENI” of VESTAL, NEW YORK) THAT HAS ENTERED INTO ANY CONTRACT RELATIONSHIP OR PARTNERING PROGRAM ON A DIRECT OR INDIRECT BASIS WITH ECAREGIVERS SUCH AS BUT NOT LIMITED TO: Global Verification Network, HomeWork Solutions, Stripe, OR Capital West.

17c. Limitation of Liability & Assumption of Risk

In no event will eCaregivers be liable for any direct, indirect, special, incidental, on site or off site misuse of content or information shared by a User, consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site including, without limitation, damages related to any information received from the Site, removal of Content including Profile information, any email distributed to any User or any linked web site or third party site or use thereof or inability to use by any party, or in connection with any limitation, suspension or termination of any User’s access to the Site or ability to access the Site or Services, failure of site performance, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, cyber attack or line or system failure, even if eCaregivers, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

UNDER NO CIRCUMSTANCES WILL eCAREGIVERS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION(S) WHATSOEVER IN CONNECTION WITH A VISITOR or REGISTERED USER’S USE AND/OR ACCESS TO THE eCAREGIVERS SITE TO INCLUDE AUTHORIZED OR UNAUTHORIZED THIRD PARTY ACCESS EXCEED THE AMOUNT OF FEES EARNED BY eCAREGIVERS FROM ACTIVITY RELATED TO THAT REGISTERED USER’S ACCOUNT.

This limitation of liability shall be construed broadly, but shall specifically include, without limitation, claims based upon negligence by any User or person, 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 and claims arising under the FCRA.

This limitation of liability shall not apply to intentional misconduct or claims for personal injuries where such an application would be illegal.

17d. No Liability for User Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ECAREGIVERS 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 OR ANY User IN CONNECTION WITH THE USE OF THE SITE OR THE CARE SERVICES PROVIDED OR NOT PROVIDED, 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 or NON USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM ANY CONDUCT OF USERS TO INCLUDE THOSE WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU OR OTHER PARTIES.

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 and legal advice, or other advice. eCaregivers 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, outside or through the Site to include any User actions or inactions on or off 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 that you confirm, vet and accept is legally licensed to provide such services and is in good standing with their licensing or regulating board.

18. Disputes & Arbitration Agreement

18a. Disputes between Users

Any issues, concerns or disputes arising between any Users such as a Care Seeker and Care Provider or a Care Business and Care Provider including but not limited to: the quality of Care Services provided or not provided or the amount of payment due to the Care Provider, must be resolved directly by and between those parties. eCaregivers will not intervene in disputes between Users, who, as a condition of having access and using the Site agree to indemnify and hold eCaregivers harmless for any claim, issue, controversy or dispute that may arise between them related to use of the Site or related links and third party vendors.

18b. Agreement to Arbitrate

ALL VISITORS AND USERS AGREE THAT, UNLESS THEY OPT OUT IN ACCORDANCE WITH SECTION 18C, ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND ECAREGIVERS.COM OR A ECAREGIVERS.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, EXCEPT YOU MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY. 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.

UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ECAREGIVERS 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. ALL USERS AGREE TO NOT ENGAGE IN ANY PUBLIC RELATIONS, SOCIAL MEDIA OR ANY MEDIA OF ANY TYPE TO INCLUDE ANNOUNCEMENTS OF ANY TYPE WHILE IN ARBITRATION.

18c. Opt-Out Procedure

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. The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms. You must mail the Opt-Out Notice to Best Solutions Company, LLC at 152 Speedwell Avenue Morristown NJ 07960 with a copy to support@eCaregivers.com.

The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and your email address(es) used to log in to the eCaregivers 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 eCaregivers Terms will apply.

18d. Scope of Arbitration

The scope of arbitration shall be construed broadly to include any and all claims that a Visitor or User has or might have regarding the Site or any action taken by eCaregivers regarding the User’s account. The scope of arbitration shall apply to all claims now existing, known or unknown, and all future claims.

YOU AND ECAREGIVERS 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 ECAREGIVERS 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 ECAREGIVERS USERS.

18e. Arbitration Process

eCaregivers 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@eCaregivers.com

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://www.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 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 and applicable law. Decisions by the arbitrator are enforceable in a court and may be overturned by a court only for very limited reasons.

To commence arbitration against eCaregivers, you must complete a short form, submit it to the AAA, and send a written copy U.S. Postal Services mailed with received receipt deliver to Best Solutions Company, LLC at 152 Speedwell Avenue, Morristown NJ 07960 with a copy to support@eCaregivers.com.

For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase

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 will be held in Morris County, NJ if allowed by the process and eCaregivers retains the sole and exclusive right to agree to hold elsewhere should this option be available to eCaregivers by this clause or other procedural process to include the possibility of in a location where you reside or at another mutually agreed location.

If the value of the relief sought is $10,000 or less you or eCaregivers may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eCaregivers 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 eCaregivers, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, 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 eCaregivers Users, but is bound by rulings in prior arbitrations involving the same eCaregivers User to the extent required by applicable law.

18f. Cost 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. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, eCaregivers will discuss with Arbitrator the possibility of paying some or all or 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 or does not rule in your favor, you agree to reimburse eCaregivers for all fees of all types associated with the arbitration paid by eCaregivers on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

18g. Confidentiality of Arbitration

Both parties agree that all aspects of the arbitration proceeding, and any ruling, decision, outcome, and/or award will be strictly confidential and proprietary to both parties, who agree to treat such information as confidential and proprietary in perpetuity, for the benefit of all parties.

18h. Survivability of the Arbitration Agreement

If a court decides that any term or provision of this Arbitration Agreement other than 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. The remainder of all remaining Terms will continue to apply.

18i. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, eCaregivers and Users agree that if we make any changes 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 eCaregivers 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 eCaregivers prior to the effective date of removal.

18j. Governing Law and Jurisdiction

These Terms, and any dispute between you and eCaregivers, shall be governed by the laws of the State of New Jersey without regard to principles of conflicts of law, provided that the New Jersey Arbitration Act shall govern the interpretation and enforcement, the Arbitration Agreement.

19. Privacy Policy

19a. Privacy Policy Overview

eCaregivers is committed to protecting the privacy of information collected from Users and shared on the eCaregivers’ Site.  eCaregivers recognizes the sensitive nature of much of the information provided on or through the Site, and eCaregivers is committed to the highest standards of privacy.

eCaregivers employs SECURE SOCKETS LAYER (SSL) ENCRYPTION on all connections to and between our servers containing PERSONALLY IDENTIFIABLE INFORMATION (PII).  eCaregivers uses servers hosted by Microsoft Azure within their secure Microsoft facilities.  eCaregivers encrypts sensitive PII and log in data in our data drives and databases.

19b. Information We Collect

eCaregivers collects both “Personal Information” and “Non-Personal Information” about our Users.

“Personal Information” is all the information that can be used to contact or identify a User to include but not limited to information such as full name, email address, business address, social security number, birth date, picture, and/or videos and any other related or linked information.

“Non-Personal Information” is information to include but not limited to that cannot be used to contact or identify you and is not linked to the information that can, this includes passively collected information about your actions on our site such as usage data, to the extent that information is not linked to your Personal Information. eCaregivers 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 and similar information.  While all of this information can be associated with the IP address of the computer used to access 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 eCaregivers may otherwise store about you for any other purposes. eCaregivers may use website “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Site for the browsing convenience of Users.  You have the option of setting your browser to reject cookies, but the Site may not function correctly if you do so.  Refer to the Help feature of your browser for information on disabling cookies.

Site Visitors can access and browse certain portions of the Site without disclosing Personal Information, although, like most websites, we passively collect certain information from your computer, such as your IP address and web browser User agent, when you browse the Site. In order to utilize some of the Services offered by eCaregivers, you must register with eCaregivers as a User.

19c. Information You Provide

As a User, you may provide Personal or Non Personal Information to us when visiting site, registering, posting a job, posting a Profile, communicating through the Site, discussing care options over the phone, utilizing our mobile applications or that you otherwise provide on the Site or by phone, email or postal mail, may be stored by us. You represent and warrant to us that you have the right and authority to provide us all Personal Information you provide about yourself or others. You may provide us this Personal Information in various communicative ways such as written text, texts, video, audio, chat, telephony, and chat.

Most of the information collected comes directly from Users.  Information also comes from third parties, including but not limited to 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 email addresses.

19d. How We Use Your Information

• To Determine Eligibility & Accuracy: The information provided by Users may be used by eCaregivers to determine eligibility to use the Site and to assess the accuracy of the information included in any User’s Profile.
• To Make Site Improvements: eCaregivers may also compile statistical information concerning usage of the Site.  This information allows eCaregivers to monitor Site utilization and to continuously improve and enhance the Site’s features.  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.
• With other Users: You acknowledge and agree that we may disclose information we’ve collected about you to other Users and Third Party vendors to assist in the functionality of the site. This may include but not limited to: your first and last name, phone number, email address, license information, self entered information, with personally protected information such as but not limited to social security number, date of birth to only shared as needed with third party vendors to use for purposes of site functionality such as but not limited to identity checks, criminal checks and other checks. As Required by Law or for Safety Reasons: You acknowledge and agree that we may disclose information we’ve collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Ecaregivers, or a third party’s, rights or property. We may also reserve the sole and exclusive right to disclose information we’ve collected about you for purposes of protecting the health and safety of our community and Users, such as in the case of risk of harm or violence against any person (including you).
• With our affiliates / third parties: You acknowledge and agree that to the maximum extent permitted by law we may disclose any and all of the personal and non personal information we’ve collected about you to site Users, entities such as our affiliates or subsidiaries, 3rd parties, for the purposes of providing you with the Services, operating the Site, and our other commercial purposes as we deem appropriate to include providing your information to any Headhunter, placement, or other firms that may engage you in a manner by which they operate relative to finding, placing, or securing you work as an independent consultant or employee as applicable. Absent any conflict this clause/section (with our affiliates) takes precedence in terms of your personal and non personal information as it relates to eCaregivers. eCaregivers transmits PII to Global Verification Network, our verification and background check provider, who also employs authenticated SSL and PII protocols. eCaregivers does not hold sensitive payment information, with the exception of the last four digits of the credit card number and expiration date for identification purposes. Stripe, our integrated 1099 payment processor uses an API to gather the information directly from Users on the Site. eCaregivers use Captcha to improve User validation. eCaregivers additionally does not hold sensitive payment information or transmit it to HomeWork Solutions, our W2 payment processor, instead users log directly into HomeWork Solutions website.
• Future business transactions: In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers will occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to process your Personal Information as set forth in this Privacy Policy unless such acquirer contacts you to present their Privacy Policy as an update.

19e. Your Choices Regarding the Sharing of your Personal Information

Users have control over what optional Personal Information they choose to share with the Site when utilizing the Site and/or Services.

If certain Personal Information is required to continue using the Site or Services, and Users do not wish to share that information, they may discontinue using the Site and/or Services rather than provide it.

19f. Collection of Information from Children

The Site is not directed at Users less than 18 years of age.  eCaregivers will not knowingly collect any personal information from anyone who accesses or uses the Site that is under 18 years of age.  If you are concerned about access to or use of the Site by someone in your household that is under the age of 18 years, you can use your own web-filtering technology to supervise or block their access to the Site as well as place access codes on any device where you only know the code.

19g. How We Protect Your Information:

Your User accounts are protected by the password you use to access your online account with eCaregivers, and we urge you to take steps to keep your password safe. If you feel your password has been compromised, you should change it immediately by logging into your account and visiting the “My Account” section. After you have finished using our Site, you should log out of your eCaregivers account and exit your browser.

eCaregivers conforms to The Privacy Act of 1974, 5 U.S.C. § 552a. In addition, eCaregivers employs SECURE SOCKETS LAYER (SSL) ENCRYPTION on all connections to and between our servers containing PERSONALLY IDENTIFIABLE INFORMATION (PII).  eCaregivers uses servers hosted by Microsoft Azure within their secure Microsoft facilities.  eCaregivers encrypts sensitive PII and log in data in our data drives and databases.

RECENT LOSSES OF PRIVATE, PERSONAL AND NON PERSONAL INFORMATION THRU COMPANIES OF ALL SIZES INDICATES THAT ALL ORGANIZATIONS ARE VULNERABLE TO ATTACK, CYBER ATTACKS AND THUS WE ARE UNABLE TO FULLY GUARANTEE ANY PROTECTION OF INFORMATION. ECAREGIVERS DOES NOT GUARANTEE YOUR INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY CYBER ATTACK OR BREACH OF SUCH PRECAUTIONS SUCH AS FIREWALLS AND SECURE SERVER SOFTWARE.

USERS ACKNOWLEDGE AND AGREE THAT THEY ASSUME ALL RISKS ASSOCIATED WITH THEIR PERSONAL AND NON PERSONAL INFORMATION.

ECAREGIVERS ASSUMES ONLY THE MINIMUM LEVEL OF RESPONSIBILITY FOR YOUR DATA AS REQUIRED BY LAW AND/OR PROVIDED BY THIS RELEASE CLAUSE.

19h. Inquiries about Our Privacy Policy:

See Section 21 for Contact Information.

20. Miscellaneous

20a. Copyrights & Marks & Patents

Visitors and Users understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site are: (a) copyrighted by and/or licensed to eCaregivers under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by eCaregivers or its licensors (d) Patents of any type to include Patents in process. The Site may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without eCaregivers’ prior written permission and the prior written permission of eCaregivers’ licensors. Visitors and Users must abide by all copyright notices, information, or restrictions contained in or attached to the Site.

Nothing in these Terms grant you any right to make or receive delivery of a copy of the Site to obtain access to Site except as generally and ordinarily permitted in accordance with these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to the Site. Certain of the names, logos, and other materials displayed on the Site constitute trademarks, trade names, service marks or logos (“Marks”) of eCaregivers, our affiliates or other entities. Visitors and Users are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with eCaregivers or those other entities. The use of any third-party software provided in connection with the Site is governed by such third party’s license and not by these Terms. In an effort to protect the rights of copyright owners, eCaregivers maintains a policy for the termination, in appropriate circumstances, of a Visitor or User’s access to and use of the Site for violations of the copyright and marks restrictions set forth above.

eCaregivers’ agent for copyright issues relating to the Site is as follows: Joseph Maddaloni, Jr., Esq. of Schenck, Price, Smith & King.

20b. Severability Clause

Users agree that any term that is ruled unlawful by a court or governing legal body does not impact all other terms which remain in force.

20c. Conflict Over Terms

Users further agree that any conflict of terms on interpretations shall be at the sole discretion of eCaregivers to determine which interpretation best support eCaregivers and User holds harmless and indemnifies eCaregivers for any and all decisions made in determining the outcome of such conflicts.

21. Contact Information

If you have any questions or need further information regarding the Site or Services, please contact us at: (844)-680-2273 and/or support@eCaregivers.com and/or 152 Speedwell Avenue, Morristown NJ 07960.

If you have any questions about these Terms, please contact us at: Best Solutions Company, LLC at 152 Speedwell Avenue, Morristown NJ 07960 with a copy to support@eCaregivers.com.

END OF TERMS AND CONDITIONS