Terms of Use - Last Updated March 7, 2024
Terms of use are for Best Solutions Company doing business as
eCaregivers.com & eCaregiversRecruitment.com and are hereinafter referred
to as “eCaregivers”.
General Provisions
These Terms of Use (the “Terms'' or “Agreement”) 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). All
Terms and Conditions apply to all Users and User types while
certain eCaregivers terms may be applicable to different User types based on
how they engage and use the site; those are set forth in the section “User
Type Specific Terms of Use, Representations and Liabilities'' respectively, all
terms apply to all user types. terms
Website Accessibility for All: eCaregivers is proud to serve a diverse
community. 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 support person help the
User navigate the site so they have equal access and site usability. As such,
all Users agree to read all the Terms and Conditions.
As a site User you agree and affirm the following:
INDEMNIFICATION:
Updates to Terms
These Terms, including the Privacy Policy, are subject to change by
eCaregivers at any time. We will make an attempt to notify you about
significant changes in these Terms by sending a notice to the email address
registered in your account, or by placing a reasonably visible notice on our
Site, so that you can choose whether to continue using our Services.
Significant changes will go into effect no less than 30 days after we notify
you or place a notice on our web site as an update. You agree to check our
Terms at least once every 30 days or less to stay current. Non-significant /
non-material changes or clarifications will take effect immediately upon
posting without notice of the updated Terms on our Site. You should
periodically check www.eCaregivers.com/terms for updates. Terms are
subject to change by eCaregivers at its sole discretion and at any time for
any reason. Any use of the Site or the Services by you after the effective
date of any changes will constitute your acceptance of such changes.
Definitions; Overview of Services; Defining the Working Relationship
Definitions
Overview of Services & Features
The following tools, features and services are offered through the
eCaregivers’ Platform:
Defining the Working Relationship
eCaregivers does not serve as an employer of any Care Providers or
otherwise control their hours of work, compensation or how work is
performed or services provided. Care Providers work independently of
eCaregivers and are not otherwise under the direction and/or control of
eCaregivers. eCaregivers is simply a Platform that is used to connect Care
Seekers and/or Care Businesses with Care Providers. Care Seekers and/or
Care Businesses can search for a Care Provider through the use of the
eCaregivers Platform, and Care Providers can search for and apply to local
jobs and recruitment events from Care Businesses. The terms and conditions
of the relationship between any User parties are left to their discretion and
control. All Users should consult with a lawyer, accountant or other
professionals prior to and while engaging in a working relationship with
another User(s).
Care Seekers and Care Providers are solely responsible for determining the
relationship best suited for them. eCaregivers does not direct or control the
relationship, what subscriptions are selected, care rates, schedules or any of
the relationship details as they are established by the Care Seeker and the
Care Provider. Regardless of the User's choices , Care Seekers and Care
Providers are fully in control of their relationship and are solely responsible
for themselves, their interactions with any site User, and the relationship
that they establish with any site User. Care Providers operate independently
of eCaregivers and are not under eCaregivers direct or indirect control.
eCaregivers is not a party to any such agreement and is NEVER THE
EMPLOYER! In the case where any User or agency, company or entity hires
or engages a Care Provider each such action operates independently of
eCaregivers and is not under our control. eCaregivers is not the employer.
eCaregivers is NEVER the employer. Any issues concerning the conduct of a
Care Seeker or Care Provider including but not limited to, without limitation,
the services received by the Care Seeker or payment due to the Care
Provider or any actions of a Care Seeker, must be resolved directly by and
between the Care Seeker and the Care Provider or engaging entity or
persons. Care Seekers agree and acknowledge to be compliant with all laws
to include but not limited to Labor and Employment laws, and all wages
when deemed the employer
Care Seekers Subscription and Payment Plans - Depending on the
subscription plan a Care Seeker chooses, certain payment options are
available to them. Some payment options require the parties to define the
working relationship on the site, while others allow parties to determine it off
site.
User Type Specific Terms of Use, Representations & Limitations
User Type Specific Terms
User Type Care Seeker
Care Seekers Accept & Affirm: As a Care Seeker, you expressly represent,
acknowledge and affirm your agreement with and understanding of the
following additional terms and conditions in addition to the all Terms outlined
above.
User Type Care Provider
Care Providers Accept & Affirm: As a Care Provider, you expressly represent,
acknowledge and affirm your agreement with and understanding of the
following terms and conditions in addition to the Terms outlined above:
User Type eCaregivers’ Ambassador
The eCaregivers’ Ambassador Program also referred to as “Refer Family &
Friends” is an optional program that allows a Care Provider to refer other
Care Providers to the eCaregivers’ Platform and earn a specified dollar
amount, currently $5 (which could be changed at eCaregivers sole discretion
at any time with or without notice) for each of their referrals who completes
a profile. A profile is considered complete when the referral has completed
their profile requirements. Payments are processed from eCaregivers to the
Care Provider through Stripe quarterly by the 15th of the month after the
end of the quarter. As with all Stripe payments, payments process within 2-
10 business days depending on the account.
If you choose to optionally participate in referring Care Providers, you
expressly represent, acknowledge and affirm your agreement with and
understanding of the following terms and conditions in addition to the Terms
outlined above:
User Type Care Business
Disclaimers; Warranties; Limitations; Waivers; Indemnification
Disclaimers
The eCaregivers Platform endeavors to always 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 Platform availability and functionality.
Registered Users should be aware that some information may be shared on
or through the eCaregivers Platform can be viewed by any Visitor or
Registered User. Registered Users should be careful not to post any
information on or through the eCaregivers Platform that they do not want
known or an unknown party to view or read.
eCaregivers does not proactively monitor or block any information posted to
the Platform including messages automatically sent that may contain
information that is protected under the Health Insurance Portability and
Accountability Act (“HIPAA”). eCaregivers is only a conduit for information
that is inputted loaded by Registered Users and is not a covered entity or
business subject to HIPAA regulations. Thus, eCaregivers has no obligation
to maintain the confidentiality of any information under 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.
Any information and materials placed on or through the eCaregivers
Platform, including but not limited to text, graphics, information, links or
other items are provided “as is” and without any warranties of any kind by
eCaregivers, including, without limitation, any express warranties,
warranties of merchantability, warranties of fitness for a particular purpose,
warranties of workmanlike quality, or any other implied warranties.
Further, opinions, advice, statements, offers, or other information or content
made available through the Platform, Care Navigators or Ambassadors, are
those of their respective authors and not that of eCaregivers. Links from the
eCaregivers Platform to external sites such as Global Verification Networks,
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
Registered Users’ reference and convenience. Registered Users access these
links at their own risk, and it is the responsibility of Registered 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 eCaregivers Platform 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 Registered 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 eCaregivers Platform. Users may use any vendor they wish in addition to
any required, suggested or offered by eCaregivers site for vetting, payroll or
other uses to the full satisfaction of the User.
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. Neither eCaregivers or any Visitor or Registered 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 the other, except as provided for herein or
authorized in writing by the party to be bound.
Eligibility/Use of Platform; Representations and Warranties:
To be eligible to use the eCaregivers’ Platform, you agree, affirm and
acknowledge the you meet the following criteria:
Age Restriction
eCaregivers.com platform is only available to individuals who are eighteen
(18) years of age or older and you represent you are older than 18 years of
age. (See Section: Age Restriction)
Rules of Conduct
1. Registration, Posting, and Content Restrictions:
The following rules pertain to “Content”, additionally defined as any
communications of any type to include but not limited to written text,
images, sounds, texts, pictures, videos, telephony and all the material, data,
and information that any User uploads or transmits through eCaregivers. By
transmitting and submitting any Content while using our Service, you agree,
represent, acknowledge and warrant the following:
Exclusive Use
Prohibited Uses
By using the eCaregivers’ Platform, you agree that you will not under any
circumstances:
eCaregivers Right to Limit Use or Remove Account
eCAREGIVERS RESERVES THE SOLE AND EXCLUSIVE RIGHT TO TAKE
ACTION INCLUDING, BUT NOT LIMITED TO, TERMINATING, RESTRICTING
OR BLOCKING A REGISTERED USER’S ACCESS TO AND USE OF THE
eCAREGIVERS’ PLATFORM, WITH OR WITHOUT NOTICE OR CAUSE, AS
NECESSARY TO PROTECT THE PLATFORM FROM HACKING, CYBER ATTACK,
MISUSE OR MISAPPROPRIATION, OR AS NECESSARY TO PROTECT
REGISTERED USERS FROM PROHIBITED USES AND ACTIVITY.
No Warranty
The information and materials contained on the Site, including text,
graphics, information, links or other items are provided “as is”, “as
available”. Further opinions, advice, statements, offers, or other information
or content made available through the Services, but not directly by
eCaregivers, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for such
content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ECAREGIVERS DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR
COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT,
ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY
PARTY OTHER THAN ECAREGIVERS; (3) WARRANT THAT YOUR USE OF THE
SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, CYBER
ATTACKS, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL
MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES
WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ECAREGIVERS
EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS
WHICH MIGHT OTHERWISE BE IMPLIED BY STATUE, COMMON LAW OR THE
LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN
THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, ECAREGIVERS
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER
EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY User OF OUR
SITE OR User WHO PROVIDES OR RECEIVES SERVICES OR ANY THIRD
PARTY VENDOR OR ANY INTRODUCTIONS OR REFERRALS TO INCLUDE BUT
NOT LIMITED TO ANY MEMBER OF A HOUSEHOLD, FRIENDS, FAMILY OR
ANY PERSONS OR BUSINESS OR REPRESENTATIVE OF A BUSINESS SUCH
AS AN EMPLOYEE, CONTRACTOR OR VOLUNTEER OR ANYONE ELSE THAT
INTERACTS WITH USERS.
Limitation of Liability & Assumption of Risk
In no event will eCaregivers be liable for any direct, indirect, special,
incidental, 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 eCaregivers Platform including, without limitation, damages
related to any information received from the Platform, removal of Content
including profile information, any email distributed to any Registered 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 Registered User’s access to the Platform 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 PLATFORM 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, and shall specifically
include, without limitation, claims based upon negligence by any User or
person, claims arising out of the termination of any Registered User’s
account, claims based upon a determination of a Registered User’s
ineligibility to use the eCaregivers Platform and claims arising under the
FCRA and shall not apply to intentional misconduct or claims for personal
injuries.
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 SERVICES, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER
DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR
OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY
USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS or
NON USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE.
THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE
CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR
WHO ATTEMPT TO DEFRAUD OR HARM YOU 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, legal, 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 and accept is legally licensed to provide such services and is in good
standing with their licensing or regulating board.
Verification & Background Checks by eCaregivers; by Care Seekers
and Care Providers
Verification & Background Checks by eCaregivers
AS A CONDITION OF USING THE ECAREGIVERS PLATFORM, 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 AND TO OFFER TO CARE
SEEKERS A ON AN INITIAL, PERIODIC, ONE TIME OR SPORADIC BASIS TO
CONDUCT VERIFICATION AND/OR BACKGROUND CHECKS OF ANY TYPE ON
YOU TO VERIFY YOUR IDENTITY AND 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, Criminal Checks, education, training,
driving records, and work and personal references. The results of these
verification and background checks are not to be shared with other
registered Users and are used solely by eCaregivers for determining a
person or entity’s eligibility to be a Registered User on the eCaregivers
Platform. The third-party vendors and consumer reporting agencies
engaged by eCaregivers may use data from a variety of sources, under a
variety of circumstances, including, without limitation, information from
national criminal databases, sex offender registries, certain media streams,
terrorist watch lists, address, phone numbers, work history, criminal and
fugitive watch lists, fraud watch lists, law enforcement reports, and other
data.
eCaregivers retains the sole 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 eCaregivers’ Platform 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 whether eCaregivers
conducted or authorized the verification and background checks or who
ordered or paid for such checks or they were authorized or conducted by
another Registered User. If eCaregivers terminates, limits or restricts your
access to or use of the eCaregivers Platform, 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. Your Pre -Adverse and Adverse action letters will be
required to be sent by eCaregivers except in the case a Care Seeker orders
the check and is responsible for the Pre Averse and Adverse Action letter
notice. eCaregivers will also provide you a copy of any report if required by
law, rule or regulation unless the third-party vendor or consumer reporting
agency or Care Seeker has already provided you a copy or access to the
report or is otherwise responsible to do so.
You hereby represent, understand, and expressly agree that eCaregivers
does not have control over or assume any responsibility for the quality,
accuracy, or reliability of the information provided by any third-party vendor
or consumer reporting agency. Any inaccuracies in the information reported
to eCaregivers must be addressed by you directly with the applicable third-
party vendor or consumer reporting agency that issued the report and
provided the information. You must follow any instructions and adhere to all
time periods specified by the third-party vendor or consumer reporting
agency for correcting any inaccurate information reported.
IF YOU DO NOT CONSENT OR DO NOT WANT eCAREGIVERS OR A SITE
USERS TO PERFORM VERIFICATION AND BACKGROUND CHECKS YOU
SHOULD NOT REGISTER TO USE THE eCAREGIVERS PLATFORM. YOUR
CONSENT AND APPROVAL FOR eCAREGIVERS TO PERFORM VERIFICATION
AND BACKGROUND CHECKS WILL REMAIN IN EFFECT SO LONG AS YOU ARE
A REGISTERED USER OF THE eCAREGIVERS PLATFORM. YOU CAN
WITHDRAW YOUR CONSENT AND APPROVAL FOR THESE VERIFICATION AND
BACKGROUND CHECKS BY TERMINATING YOUR REGISTRATION AND
REMOVING YOUR PROFILE FROM THE eCAREGIVERS PLATFORM OR
CONTACT US AT support@eCaregivers.com AND REQUEST SUCH TO
TERMINATE YOUR ACCOUNT. OTHERWISE YOU CONSENT REMAINS IN
PLACE ONGOING.
Verification & Background Checks by Care Seekers or Care Providers:
The eCaregivers Platform includes features which enable Care Seekers and
Care Providers to run background checks on Care Providers to include but
not limited to criminal, driver record and professional license checks on any
Care Provider that consents to having verification and background checks
conducted by Care Seekers. eCaregivers has arranged for a third-party
vendor, Global Verification Network (PO Box 95258, Palatine Illinois 60095 –
(877) 695-1179, to conduct verification and background checks on
consenting Care Providers including, but not limited to, criminal history,
professional license and driver’s record license checks. The cost for
conducting verification and background checks is the responsibility of the
Registered User that initiates the check. eCaregivers in its sole discretion
may cover the cost of a background check through Global Verification
Network which will be noted on site. Care Seekers may also use any other
third-party vendor or consumer reporting agency to conduct verification and
background checks.
WHEN ON A PREMIUM PLAN, CARE SEEKERS MAY BE REQUIRED TO
PERFORM BACKGROUND CHECK ON THE CARE PROVIDER WHEN
SCHEDULING CARE IF SUCH CARE PROVIDER HAS NOT ALREADY DONE
SUCH CHECK AND HAS BEEN DETERMINED TO BE ELIGIBLE TO BE ON SITE
BY ECAREGIVERS AND INDICATED AS SUCH WITH A COMPLETED
BACKGROUND CHECK ICON/BADGE.
WHETHER ON A BASIC OR PREMIUM PLAN, ECAREGIVERS HIGHLY
RECOMMENDS THAT VERIFICATION AND BACKGROUND CHECKS BE
CONDUCTED PRIOR TO ANY CARE SEEKER ENGAGING A CARE PROVIDER TO
PROVIDE SERVICES TO A CARE RECIPIENT, AND AT PERIODIC INTERVALS
PER USER CRITERIA FOR SUCH DURING THE COURSE OF THE
RELATIONSHIP BETWEEN THE CARE SEEKER AND ANY CARE PROVIDER(S),
GIVEN THAT THE INFORMATION INCLUDED IN VERIFICATION AND
BACKGROUND CHECKS CAN CHANGE QUICKLY.
EVERY REASONABLE EFFORT SHOULD BE TAKEN BY CARE SEEKERS TO
FULLY AND THOROUGHLY VET PROSPECTIVE CARE PROVIDERS BEFORE
MEETING WITH A CARE PROVIDER OR PERMITTING A CARE PROVIDER TO
ENTER THE CARE SEEKER’S AND/OR CARE RECIPIENT'S RESIDENCE.
YOU UNDERSTAND, ACKNOWLEDGE AND EXPRESSLY AGREE THAT
eCAREGIVERS DOES NOT HAVE CONTROL OVER OR ASSUME ANY
RESPONSIBILITY FOR THE QUALITY, ACCURACY, RELIABILITY, REPORTING
OR SHARING OF ANY INFORMATION OBTAINED THROUGH OR FROM ANY
VERIFICATION OR BACKGROUND CHECK COMPLETED, REGARDLESS OF
WHETHER A CARE SEEKER USES ECAREGIVERS’ BACKGROUND
PROCESSING THIRD-PARTY VENDOR OR A THIRD PARTY VENDOR OR
CONSUMER REPORTING AGENCY OF YOUR OWN CHOOSING.
If run by a Care Seeker, the initiating Care Seeker will receive the
information, verification and reports, which they can 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 or consumer reporting agency that issued the report or
provided the information OR with the Care Provider directly and not with
eCaregivers. eCaregivers has access to background checks and retains the
sole right and discretion with or without cause or reason at any time without
notice to remove or temporarily suspend an User account making them not
eligible on the site.
If a Care Seeker rejects a prospective 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 may by
law be required 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 or the eCaregivers site depending
on who requests the background check 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.
Care Seekers should conduct background checks that suit them from
eCaregivers site or from any site to the Care Seekers satisfaction of Care
Providers suitability. eCaregivers does allow the Care Seeker to use any site
they wish to conduct Background checks they wish which may be in addition
to any eCaregivers site background check requirements.
eCaregivers does not have the obligation to review such checks but retains
the sole right to do so at any time for any reason and may at its sole
discretion remove, limit access or terminate any User after reviewing such
checks.
CARE PROVIDERS HAVE THE OPTION TO AUTHORIZE AND CONSENT, OR
REJECT INDIVIDUAL BACKGROUND CHECKS REQUESTS BY CARE SEEKERS,
ALTHOUGH eCAREGIVERS HIGHLY RECOMMENDS THAT CARE PROVIDERS
ALLOW CARE SEEKERS TO CONDUCT THESE CHECKS IF THEY WISH TO
SUPPORT THEIR BEING ENGAGED BY A CARE SEEKER CARE SEEKERS.
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 HOLD
ECAREGIVERS HARMLESS AND TO RELEASE CAREGIVERS 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
SHARING OF SUCH REPORTS WITH ANY PARTIES
Indemnification
BY ACCESSING AND USING THE ECAREGIVERS PLATFORM ALL VISITORS
AND REGISTERED USERS AGREE TO HOLD ECAREGIVERS HARMLESS FROM
ANY LIABILITY THAT MAY RESULT FROM THE USE OF LACK OF USE OR
ACCESS TO LINKS THAT MAY APPEAR ON THE ECAREGIVERS PLATFORM,
AND TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD
ECAREGIVERS, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS,
SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, AMBASSADORS OR
SHAREHOLDERS (I.E., INDEMNIFIED PERSONS) HARMLESS FROM ANY
CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING
OUT OF YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO:
(1) BREACH OF THESE TERMS; (2) VIOLATION OF ANY LAW OR THE RIGHTS
OF A THIRD PARTY AS A RESULT OF YOUR OWN INTERACTION WITH THE
THIRD PARTY; (3) ANY ALLEGATION THAT ANY MATERIALS THAT YOU
SUBMIT OR TRANSMIT THROUGH ECAREGIVERS INFRINGES OR OTHERWISE
VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER
INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY;
AND/OR (4) ANY OTHER ACTIVITIES IN CONNECTION WITH THE
ECAREGIVERS PLATFORM. THIS INDEMNIFICATION SHALL BE APPLICABLE
WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY
INDEMNIFIED PERSON.
YOU HEREBY AGREE 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, BUT YOU WILL NOT SETTLE WITHOUT
CONSULTING ECAREGIVERS AND OBTAINING ECAREGIVERS’ PRIOR
WRITTEN CONSENT. YOU AGREE & AFFIRM TO 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 SITE VISITORS AND REGISTERED 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 GVN,
CAPITAL WEST OR OTHERS.
Disputes & Arbitration Agreement
Disputes between Users
Any issues, concerns or disputes arising between any Users such as a Care
Seeker and Care Provider or a Business and Care Provider including, without
limitation, the quality or services received by (them) the Business or
Business’s Clients or the amount of payment due to the Care Provider, must
be resolved directly by and between the (Users)Business & Care Provider.
eCaregivers will not intervene in disputes between Registered Users who, as
a condition of having access and using the eCaregivers Platform agree
indemnify and hold eCaregivers harmless for any claim, issue, controversy
or dispute that may arise between them related to use of the eCaregivers
Platform or related links and third party vendors.
Agreement to Arbitrate
This Agreement contains an Agreement to Arbitrate, which will, with limited
exceptions, require you to submit claims you have against eCaregivers to
binding and final arbitration, unless you notify us in writing or your desire to
opt out of the Agreement to Arbitrate within 30 days after the date you
accept these Terms for the first time. The process to OPT OUT of the
AGREEMENT TO ARBITRATE is to notify eCaregivers that you in written
format by mailing us, postmarked no later than 30 Days after the date you
accept these Terms to: our Legal Counsel Joseph Maddaloni, Jr., Esq., at:
Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey
07932, and/or at (973) 539-1000, and/or at jmj@spsk.com and must also
copy support@eCaregivers.com. 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.
This Section is referred to in these Terms as the Agreement to Arbitrate or
“Arbitration Agreement”. Unless you opt-out in accordance with the opt-out
procedures set forth above, you agree that 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.
Scope of Arbitration
The scope of arbitration shall be construed broadly to include any and all
claims that a Registered User has or might have regarding the eCaregivers
Platform or any action taken by eCaregivers regarding the Registered User’s
account. The scope of arbitration shall apply to all claims now existing,
known or unknown, and all future claims.
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 our Legal Counsel Joseph Maddaloni,
Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park,
New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com and
must copy 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
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.
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.Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision or award
by the arbitrator will be strictly confidential for the benefit of all parties.
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.
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 our
Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King,
220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-
1000, and/or at jmj@spsk.com and must copy 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 terms of the eCaregivers
Terms will
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 Caregivers prior to the effective date of removal.
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 Federal Arbitration Act shall govern the
interpretation and enforcement, the Arbitration Agreement. Unless you and
we agree otherwise, in the event that the Arbitration Agreement is found not
to apply to you or to a particular claim or dispute (except for small-claims
court actions), either as a result of your decision to opt-out of the Arbitration
Agreement or as a result of a decision by an arbitrator or a court order, you
agree that any claim or dispute that has arisen or may arise between you
and Caregivers.com must be resolved exclusively by a state or federal courts
located in the State of New Jersey. You and eCaregivers agree to submit to
the personal jurisdiction of the courts located within the State of New Jersey
for the purpose of litigating all such claims or disputes.
Prohibition of Class & Representative Actions & Non-Individualized Relief
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.
Privacy Policy
Privacy Policy Overview
eCaregivers is committed to protecting the privacy of information collected
from Registered Users and shared on the eCaregivers’ Platform. eCaregivers
recognizes the sensitive nature of much of the information provided on or
through the eCaregivers Platform, and eCaregivers is committed to the
highest standards of privacy.
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 use servers hosted by
Microsoft Azure within their secure Microsoft facilities. eCaregivers encrypts
our data drives and databases eCaregivers only transmit critical information
to our background check provider who also employs authenticated SSL and
PII protocols. eCaregivers use Captcha to improve User validation.
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 Platform, the length of time you spend on pages within
the Platform, the site from which you linked to ours, search terms you used
in search engines which resulted in you linking to the Platform and similar
information. While all of this information can be associated with the IP
address of the computer used to access the Platform, it will not be
associated with you as an individual or associated with any other information
you may submit through the Platform, 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 Platform for the browsing
convenience of Registered Users. You have the option of setting your
browser to reject cookies, but the eCaregivers Platform 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. Visitors who access and
browse the Site without registering are “Site Visitors''. In order to utilize
some of the Services offered by earegivers., you must register with
eCaregivers. All Users who subscribe to eCaregivers are “Registered Users”.
Information You Provide
Regardless of whether you are a Site Visitor or Registered 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 Registered 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.
How We Use Your Information
To Determine Eligibility & Accuracy: The information provided by Visitors and
Registered Users may be used by eCaregivers to determine eligibility to use
the eCaregivers Platform and to assess the accuracy of the information
included in any Registered User’s profile.
To Make Site Improvements: eCaregivers may also compile statistical
information concerning usage of the eCaregivers Platform. This information
allows eCaregivers to monitor Platform utilization and to continuously
improve and enhance the Platform’s features. Examples of this information
would include, but not be limited to, the number of visitors to the Platform,
or to sections or pages within the Platform, patterns of traffic flowing
through the Platform, length of time spent on the Platform, or in sections or
pages of the Platform, the other sites that refer visitors to the Platform, the
pages of the Platform that visitors frequently use as entry and exit points,
utilization of the browser and operating systems and versions used by
visitors to the Platform.
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 right to disclose
information we’ve collected about you for purposes of protecting the health
and safety of our community and Registered Users, such as in the case of
risk of harm or violence against any person (including you).
With our affiliates, other providers, eCaregivers – consent and agree: 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 you information to 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.
We also MAY share your Personal Information with a third party if you
consent to the sharing.
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.
Your Choices Regarding the Sharing of your Personal Information
Registered Users have control over what optional Personal Information they
choose to share with us when utilizing our Services (such as pictures, certain
details in a job description or profile, etc.).
Collection of Information from Children
The eCaregivers Platform 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 Platform that is under 18 years of age. If you are
concerned about access to or use of the Platform 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 Platform as well
as place access codes on any device where you only know the code.
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 and hack free. 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.
WE TAKE SOME MINIMUM PRECAUTIONS IN AN EFFORT TO PROTECT YOUR
INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A
GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED,
DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH PRECAUTIONS
SUCH AS FIREWALLS, CYBER ATTACKS AND SECURE SERVER SOFTWARE.
BY USING OUR SITE, YOU ACKNOWLEDGE, RECOGNIZE AND AGREE THAT
YOU UNDERSTAND AND AGREE TO ASSUME ALL THESE RISKS ASSOCIATED
WITH YOUR PERSONAL AND NON PERSONAL INFORMATION SUCH THAT
ECAREGIVERS HAS THE MINIMUM LEVEL OF RESPONSIBILITY AS PROVIDED
BY LAW AND THIS RELEASE CLAUSE WHICH YOU AGREE SHALL TAKE
PRECEDENCE AS APPLICABLE IN ALL SITUATIONS. RECENT LOSS OF
PRIVATE, PERSONAL AND NON PERSONAL INFORMATION THRU MAJOR
CORPORATIONS INDICATES THAT EVEN HIGH LEVELS OF SECURITY ARE
VULNERABLE TO ATTACK, CYBER ATTACKS AND THUS WE ARE UNABLE TO
GUARANTEE ANY PROTECTION OF INFORMATION EXCEPT THAT
ECAREGIVERS WILL MAKE AN ATTEMPT TO PROTECT YOUR INFORMATION.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ANY OF
eCAREGIVERS PRACTICES OR THE SECURITY OF YOUR PERSONAL
INFORMATION, PLEASE CONTACT eCAREGIVERS AT 844-680-2273
OR support@eCaregivers.com.
Miscellaneous
Copyrights & Marks & Patents
Visitors and Registered Users understand and acknowledge that the
software, code, proprietary methods and systems used to provide the
eCaregivers Platform 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 eCaregivers Platform 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 Registered Users must
abide by all copyright notices, information, or restrictions contained in or
attached to the eCaregivers Platform. Nothing in these Terms grant you any
right to make or receive delivery of a copy of the Platform to obtain access
to Platform 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 eCaregivers Platform.
Certain of the names, logos, and other materials displayed on the Platform
constitute trademarks, trade names, service marks or logos (“Marks”) of
eCaregivers, our affiliates or other entities. Visitors and Registered 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
eCaregivers Platform 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 Registered User’s access to and use of the
eCaregivers Platform for violations of the copyright and marks restrictions
set forth above. eCaregivers’ agent for copyright issues relating to the
eCaregivers Platform is as follows: Joseph Maddaloni, Jr., Esq. Schenck,
Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932,
(973) 539-1000, jmj@spsk.com with a copy to support@eCaregivers.com.
Conflict of Terms with Policy or any term ruled unlawful
Users agree that any term that is ruled unlawful by a governing legal body
does not impact all other terms which remain in force. 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.
Transfer of Responsibilities
User ongoing responsibility after being a paid subscriber or site visitor
remains in perpetuity or as long as the law allows. Users and anyone they
introduce to the site or provide their account information to assumes all
responsibility for that person or entity in its entirety and holds harmless and
indemnifies eCaregivers from any and all adverse actions, liabilities that
results from Users actions to include 3rd parties that access site or use site
information that results but not limited to harm to people, property,
reputations. Additionally, notwithstanding any other clause in these terms or
laws forbidding such User is responsible for all those that interact with Care
Provider and vice versa as if they were site Users themselves and are bound
by the same terms herein. Users must be responsible for themselves and
their actions as well as anyone they introduce to information or association
to the site and thus remain bound by these Terms and thus hold harmless
and indemnify eCaregivers from any and all claims of all types. Users also
agree to abide by all terms post use of the site regardless of being a current
or former User which of course includes all site visitors and paid subscribers.
Contact Information
If you have any questions or need further information regarding the
eCaregivers or eCaregiversRecruitment platform or services, please contact
eCaregivers at 844-680-2273 or email support@eCaregivers.com or mail at:
152 Speedwell Avenue, Morristown, NJ 07960.
If you have any questions about these Terms & Conditions, please contact
our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith &
King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973)
539-1000, and/or at jmj@spsk.com with a copy to support@eCaregivers.com
End of Terms and Conditions