Phone Interview A phone interview allows you can call in from any phone using the provided conference call number and code.
Video Interview A video interview allows you to use your phone, tablet, or computer (if it has a camera) to conduct the interview by clicking on the “Start Interview” button in your My Interviews section of your Care Portal. This button will only be available to you at the time of your interview. You can test your video capabilities in advance by clicking “Test Video”.
The Full Service Pay Model Option is used when the Care Provider is engaged by the Care Seeker as an employee. Under the Full Service Pay Model Option, the Care Seeker will pay the Care Provider using HomeWork Solutions, a well-known payroll provider, for which the Care Seeker will pay any additional outlined fees. eCaregivers does not control the payment processing nor does eCaregivers take possession of any funds (other than eCaregivers’ fee). All Care Provider pay and eCaregiver’s fees are processed through HomeWork Solutions, which will deduct and remit taxes and withholdings specified by the Care Seeker and Care Provider respectively, 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. The commuting Care Provider is paid for all hours worked for each hourly shift at the agreed upon hourly rate, with an overtime premium of 1½ times the agreed upon hourly rate paid for any hours worked over 40 in a work week. The work week is defined as Friday through Thursday. Live-In Care Providers are paid at a day rate not including overtime. Overtime for Live-Ins may be manually tracked and calculated by the Care Seeker and applied to each day by changing the pay rate in the Review and Approve screen. Care Seekers must edit or approve the time worked by Care Providers within 24 hours of the end of each scheduled shift or day, otherwise they will be automatically approved. Charges to Care Seeker for Care Provider services and eCaregivers fee will be withdrawn by HomeWork Solutions approximately on the Tuesday after the end of the work week with the Care Provider pay being deposited on Friday one week after the end of the work week. Charges and payments are withdrawn & deposited electronically from the Care Seeker’s account and to the Care Provider’s accounts as noted on their respective profiles. Care Seekers interested in using the Full Service Pay Option should consult with a lawyer, accountant or other professionals
The Direct Pay Model Option is used when the Care Provider is engaged by the Care Seeker as an independent contractor or other relationship chosen by the parties. Under the Direct Pay Model Option, the Care Seeker will trigger payments to the Care Provider and to eCaregivers using Stripe, a well known financial processor. Stripe will then pay the Care Provider and eCaregivers’ fee on behalf of the Care Seeker. eCaregivers does not control the payment processing nor does eCaregivers take possession of any funds (other than eCaregivers’ fee). With the Direct Pay Method Option, no payroll, income taxes or other deductions related to payroll are withheld. The Care Seeker and Care Provider will have access to invoice/pay information and may at their option choose to issue a 1099 or other documents of their choice. The Care Provider is paid by the Care Seeker for all hours or days worked at the agreed upon hourly or daily rate without any overtime premium paid for time worked over 40 hours in any work week. Overtime, if agreed upon by the parties, may be manually tracked and calculated by the Care Seeker who will need to apply the overtime pay rate to each shift in the Review and Approve screen. Care Seekers must edit or approve the time worked by Care Providers within 24 hours of the end of each scheduled shift or day, otherwise the pay and eCaregivers fee will be automatically processed and withdrawn from the Care Seeker’s credit card on file and deposited into the Care Provider’s bank account or debit card approximately 72 hours after shift/day completion (depending on Users’ Stripe preferences). Care Seekers interested in using the Direct Pay Option should consult with a lawyer, accountant or other professionals
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
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:
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.
By transmitting and submitting any Content while using our Service, you agree, represent, acknowledge and warrant the following:
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:
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:
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
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.
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.
10. Subscription Plans
eCaregivers offers subscription plans based on User type and desired Site features and Services.
10a. Subscription Plans for Care Seekers
10b. Subscription Plans for Care Businesses
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:
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
12a. Verification & Background Checks by eCaregivers
12b. Verification & Background Checks by Care Providers:
Care Providers are able to run verification and background checks, to include but not limited to criminal background check (basic or premium), a driver’s license/record check, and/or a professional license check on themselves when creating their Profile or at any time thereafter.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:
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.
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.
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 -
16b. PAY 1099s WITH STRIPE -
16c. PAY W-2s WITH HomeWork Solutions
17. Additional Disclaimers, Warranties, Limitations, Waivers & Indemnification
17a. Additional Disclaimers, Warranties, Limitations, Waivers
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:
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
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
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eCaregivers is not responsible in any way if a user of the site contracts any communicable disease or virus including COVID-19 from another site user. Each user is solely responsible for their actions on and off the platform.
eCaregivers is not responsible in any way if a user of the site contracts any communicable disease or virus including COVID-19 from another site user. Each user is solely responsible for their actions on and off the platform.