Effective: November 25, 2018
ervices, software, applications, platform and websites (referred to as “eCaregivers Services” or “Services” as described below).
General Provisions & Summary of Terms
For purposes of these Terms, “Platform” means the www.eCaregivers.com website, and any other eCaregivers branded websites, web pages, mobile applications and mobile websites operated by eCaregivers, as well as the platform support services provided by eCaregivers, as more fully described herein, through the platform, site or any other channels, including over the telephone or in person.
Please read all these Terms before using the Platform and indicate your acceptance and agreement by scrolling to the bottom of these Terms and clicking “I agree”.
By registering and using the Platform, and by clicking “I agree” you represent, acknowledge and warrant that you meet the applicable eligibility requirements, and that you have the right, legal authority and capacity to accept these Terms for yourself or on behalf of another person(s), or legal entity. You also affirm that you have fully read, understand and commit to abide by all of these Terms.
eCaregivers may change Terms at any time for any reason at its sole discretion. In the event eCaregivers modifies these Terms, the modifications will be binding on you as you agree to review these Terms each time you access the Platform. However, no modification shall apply to an arbitration process dispute of which you and eCaregivers had actual notice on or before the modifications are posted on the Platform.
eCAREGIVERS.COM IS A PLATFORM WHERE CARE SEEKERS AND CARE PROVIDERS CAN ENGAGE EACH OTHER ON A DIRECT BASIS. eCAREGIVERS IS NOT A HOME HEALTH AGENCY, COMPANION CARE AGENCY, HOME CARE REGISTRY, PERSONNEL PLACEMENT FIRM, TEMPORARY STAFFING AGENCY, OR ANY OTHER KIND OF AGENCY OR REGISTRY. eCAREGIVERS DOES NOT EMPLOY CARE PROVIDERS. ANY RELATIONSHIP BETWEEN CARE SEEKERS AND CARE PROVIDERS IS SOLELY DETERMINED BY THE PARTIES. EACH CARE SEEKER AND CARE PROVIDER ARE INDIVIDUALLY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE TAX, EMPLOYMENT, BUSINESS AND OTHER LAWS IN CONNECTION WITH ANY RELATIONSHIP THEY MAY ESTABLISH OR ENGAGE WITH EACH OTHER.
BY AGREEING TO THESE TERMS, CARE SEEKERS AND CARE PROVIDERS AGREE TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD eCAREGIVERS, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, AMBASSADORS 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 USE OF THE eCAREGIVERS' PLATFORM, 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 SUBMITED TO OR TRANSMITED THROUGH eCAREGIVERS’ PLATFORM 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 PLATFORM. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.
- All information provided by Care Seekers and Care Providers is self-entered. Care Providers and Care Seekers warrant that all information provided through the eCaregivers’ Platform is true, accurate, current and complete, and agree to maintain and promptly update their information to keep it true, accurate, current and complete.
- Care Seekers must independently verify a Care Provider’s eligibility to work in the S. by completing an I-9 Form if the Care Provider is hired as an employee who will be issued an IRS Form W-2. eCaregivers does require a Care Provider to provide an address, social security, Date of Birth and name for purposes of reasonably matching such information for Identification purposes but carries no warranty of completeness expressed or implied. Identity checks by eCaregivers are performed by an outside vendor Global Verification Network (PO Box 95258, Palatine Illinois 60095 – (877) 695-1179. Ultimately, eCaregivers does not verify Social Security Numbers, Birth Certificates, Drivers Licenses or any other information included on the Platform by Care Seekers or Care Providers. By agreeing to these Terms, Care Providers and Care Seekers agree to enter truthful and accurate information. Any misrepresentation or falsification of information is prohibited and will likely result in removal from the Platform and suspension of access and user privileges which shall be at the sole and exclusive right of eCaregivers.
- Care Seekers are solely responsible for all reviewing, screening, interviewing, scheduling, vetting of and selecting any Care Provider for themselves or for the person they represent. Care Seekers and Care Providers are solely responsible for determining whether to commence a relationship.
- eCaregivers does not verify or guarantee the accuracy of the information provided by Care Seekers or Care Providers. eCaregivers makes no representation as to whether the information provided is complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a Care seeker or Care Provider, or willingness or ability to pay for any services provided by a Care Provider. eCaregivers is also NOT responsible for any inappropriate images, behavior, gestures, etc. that may result from Care Seekers and Care Providers communicate privately and directly with each other on or off the Platform without time limitation.
- Unless otherwise required by law or as negotiated by the Parties, Care Providers are solely responsible for providing any and all tools, supplies, equipment, transportation and insurance for themselves and anyone assisting in the provisions of any services, and for all costs and expenses the Care Provider incurs in connection with providing care services to any Care Seeker.
- eCaregivers is not responsible for any costs or expenses incurred by any Care Provider or Care Seeker resulting from the use the eCaregivers’ platform and will not assist a Care Provider in any way in the promotion or performance of services for any Care Seeker.
- Care Providers are solely responsible for obtaining and maintaining any licenses or certificates that are required by law, regulation or governing authority to provide the Care Provider’s services. To the extent that an applicable law, regulation or notification from a recognized legal authority bars eCaregivers from including a listing from a Care Provider that has failed to maintain any required license or credential and/or take any other action with respect to a Care Provider, eCaregivers will comply with the law, regulation or notice and remove and/or bar the Care Provider’s profile and listing from the Platform.
- eCaregivers does not provide any non-medical, medical, diagnostic, assessment, treatment or clinical services, engage in any conduct that requires or does not require a professional license or that constitutes the provision of care services or any other type or form of services other than the platform. regardless of where such service provisioning occurs.
- VISITOR: Any person or entity that engages the Platform but has not joined and accepted these Terms. Visitors have limited access to and use of the eCaregivers’ Platform.
- REGISTERED USER: Any person or entity that joins eCaregivers by submitting the required information and agreeing to these Terms. Registered Users have full access to and use of the eCaregivers’ Platform.
- CARE SEEKER: Any REGISTERED USER who is seeking care for themselves, a relative, friend, client, or other contact including, but not limited to, companionship care, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy, and speech therapy.
- CARE PROVIDER: Any REGISTERED USER who is offering to provide care services including, but not limited to, companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy, and speech therapy.
- CARE RECIEPIENT: Any individual receiving care services from a Care Provider.
- CARE NETWORK CONTACT: Any person or entity who has been designated by a Care Seeker or Care Recipient through the Platform to have access to information’s such as but not limited to Care Recipient’s information, receipt of updates, and to help manage care for a particular Care Recipient.
- CARE NAVIGATOR: An employee or independent contractor of eCaregivers who assists and provides support to VISITORS or REGISTERED USERS through e-mail, live chat support and telephone. Care Navigators do NOT recommend Care Providers or make suggestions about care related decisions. Care Navigators assist users in maximizing the platforms features, functionality and attributes.
- eCAREGIVERS’ AMBASSADOR: Any Care Provider who elects to participate in the eCaregivers’ Ambassador Program, which rewards Care Providers for referring Care Seekers and/or Care Providers.
Overview of Services & Features:
- CARE PORTAL: A Registered User’s accessible web pages that hold their self-entered personal information as well as any information pertaining to the care provided or obtained using the Platform.
- CONTENT: Any communications, images, sounds, videos, messages, photos, audios, reviews, or profiles, and any other material, data, files and information, or any derivations or reproductions thereof, that is published, displayed, entered, posted, uploaded, or transmitted onto or through the eCaregivers’ Platform.
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
- Enhanced Search Functionality: eCaregivers does NOT “match” or “recommend” any Care Providers. A search algorithm based on a Care Providers’ location, experience, skills, and requested rate is used to match Care Seekers and Care Providers based on a Care Seeker’s selected parameters. Care Seekers have the ability with the provided search tools and functionality to narrow or fully expand the pool of Care Providers appearing in their search results at any time.
- Care Navigator: eCaregivers utilizes Care Navigators, whose role is to assist Care Seekers and/or Care Providers who may need a little extra help navigating or using the Platform. The Care Navigator may also assist on billing or invoice questions and those that the Care Provider and Care Seeker were not able to resolve on their own only if it relates to the Platform’s features/processing. Care Navigators are also available to also assist with platform related technical or administrative matters. Care Navigators do not provide direct advice or make recommendations to include but not limited to of any kind regarding care-related matters, such as the relationship agreed upon, selection, qualifications, evaluations, vetting, or fitness of any Care Seeker or Care Provider.
- Telephone/Video Interviewing: The eCaregivers’ Platform enables REGISERED USERS to communicate with each other directly during the screening, interview and selection stages of the process. The Platform supports both video and telephone interviewing.
- Criminal Background Checks & Drivers Record Checks: Through its third-party vendor, Global Verification Network, the eCaregivers’ Platform enables Care Seekers to run optional criminal background checks and driver’s record checks on prospective Care Providers who permit Care Seekers to conduct these checks. eCaregivers encourages all Care Providers to allow Care Seekers to conduct these checks and encourages all Care Seekers to exercise their option to do so; however, the decision to allow these checks to be conducted and/or to actually complete them is left exclusively to the Care Providers and Care Seekers. eCaregivers does not have the obligation but retains the right to view background check results of checks run by Care Seekers and has the sole and exclusive right to retain actions it deems necessary based on these results.
- Scheduling: The eCaregivers Platform offers integrated scheduling “software” that enables Care Providers and Care Seekers to agree upon and set a schedule for providing care services. Care Seekers and Care Providers are solely responsible for determining when services will be provided. eCaregivers assumes no responsibility for scheduling and scheduling issues including, but not limited to, arrivals, departures, no-shows, lateness or quality or quantity of work performed or not performed.
- Automated Notifications: The eCaregivers Platform provides triggered communication messages such as text and e-mail updates to notify Care Seekers, Care Providers and any other authorized person with important account, scheduling, and care-related information.
- Mobile Application: eCaregivers also offers a mobile web application and/or a downloadable application which allows Care Seekers, Care Providers and any other authorized person to communicate and use the Platform from a smart phone, tablet or other portable device.
Providers or otherwise control their hours of work or compensation. 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 with Care Providers. Care Seekers can search for a Care Provider through the use the eCaregivers Platform, and Care Providers can post profiles and submit proposals to Care Seekers regarding their services. If a Care Seeker and Care Provider agree on the provision of services, the terms and conditions of the relationship between the parties are left to their discretion and control.
eCaregivers offers Care Seekers and Care Providers two relationship models/options to choose from: A Full Service Pay Model and a Direct Pay Model. Care Seekers and Care Providers are solely responsible for determining which model is best suited for them. eCaregivers does not direct or control the relationship established by the Care Seeker and the Care Provider.
Regardless of the model chosen, Care Seekers and Care Providers are fully in control of their relationship and are solely responsible to each other and to others for the relationship that they establish.
Care Providers operate independently of eCaregivers and are not under our 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. Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by and between the Care Seeker and the Care Provider or engaging entity or persons.
Direct Pay Model – 1099 Payments - other
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.
Full Service Pay Model – W2 Payments:
- CARE SEEKERS THAT USE THE DIRECT PAY METHOD MAY BE HELD RESPONSIBLE FOR PAYROLL AND INCOME TAXES, AS WELL AS MINIMUM WAGE AND OVERTIME PAYMENTS. CARE SEEKERS INTERESTED IN USING THE DIRECT PAY METHOD SHOULD CONSULT WITH THEIR LEGAL OR ACCOUNTING PROFESSIONALS BEFORE ENGAGING A CARE PROVIDER ON A DIRECT PAY BASIS.
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.
Eligibility/Use of Platform:
To be eligible to use the eCaregivers’ Platform, you must meet the following criteria:
- You must be eighteen (18) years of age or older. DO NOT REGISTER IF YOU ARE UNDER 18 YEARS OF AGE.
- eCaregivers will not knowingly collect any information from anyone under the age of 18.
- Anyone seeking to register using the Platform must first identify their age before creating a profile and being listed in any search results. eCaregivers assumes no responsibility for any misrepresentation made by anyone regarding their age. Should eCaregivers learn that a Registered User has falsified information regarding age or any other information provided; eCaregivers will immediately terminate the Registered User’s access to the Platform.
- If you are registering as a Care Provider and wish to accept a job offer under the Full Service Pay Model W2 relationship, then you must affirm your eligibility for employment within the United States.
- You must comply with the applicable provisions of the Background and Verification Check requirements included in these Terms.
- You must agree to review the Terms and Conditions on a regular basis for any updates, although eCaregivers may make attempts to email any updates to you – due to a variety of technological reasons you may not receive the emails.
For certain services, A Registered User may be required to create a unique ID and password, along with other authentication requirements (collectively “Account Credentials”). Your Account Credentials are not transferrable, and you may not share your Account Credentials with anyone else. Registered Users are solely responsible for protecting and maintaining the confidentiality of your Account Credentials and any outcome of not doing such.
- You acknowledge and agree that eCaregivers relies on your Account Credentials to track access and usage of the Platform, and to determine whether the Platform is being used in an authorized manner. Each Registered User is solely responsible for any and all activities tracked to their Account Credentials and Account, and for all activities that occur under or in connection with their Account Credentials or Account.
- Registered Users are prohibited from registering for more than one Account as an individual or entity. The creation of multiple accounts for the same Registered User will result in termination of a Registered User’s account.
- If you are a Care Seeker creating an Account on behalf of a third party, you must have the legal authority to represent that person and to bind that person to these Terms. For illustration purposes, if you are creating a Care Seeker account on behalf of a Care Recipient such as a friend, relative or family member, you must have the legal authority to act on behalf of the Care Recipient, and to bind the Care Recipient to these Terms.
If you are a Care Provider, you may only use your account to locate care job opportunities for yourself. You cannot create a profile on behalf of another person.
Content Use & Restrictions:
By posting any Content on the eCaregivers’ Platform you agree, represent and warrant that:
- Your use of the Platform is and will be solely in accordance with these Terms and any applicable laws, rules or regulations governing the use of any such information;
- You are responsible for providing accurate, current, complete and updated information in connection with your registration and use of the Platform;
- You will not post any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, harassing, defamatory, offensive or illegal material, or any material that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, HIPAA violations or computer misuse, or give the impression or suggestion that any Content emanates from eCaregivers;
- You will not knowingly, willfully, or negligently post or provide inaccurate, misleading, defamatory, or false Content either to eCaregivers or to any other Registered User of the Platform;
- All opinions stated as part of Content must be genuinely held;
- Any form of communications within or outside of the site for any reason are fully your responsibility;
- Content posted by a Registered User, and not directly by eCaregivers, is the responsibility of the respective author, who is solely responsible for the Content;
- eCaregivers does not: (i) guarantee the accuracy, completeness, or usefulness of any Content on or available through the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any Registered User that appears on or through the Platform;
- Under no circumstances will eCaregivers or its affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other Content posted, which is inaccurate, untimely, incomplete or misleading; or b) reviews or comments made about you by other Registered Users. You agree that eCaregivers has no obligation but retains the sole right to remove any reviews or other information or Content posted about you or any other person or entity;
- A Registered User that posts a review can request to have the review removed from the Platform by submitting a written request to eCaregivers at support@eCaregivers.com. eCaregivers does not have the obligation to any Registered User to remove any reviews or other content but retains in its sole discretion the right to do so at any time for any reason with or without notice;
- All Content posted will be in English as the Platform is not currently supported in any other languages;
- You will only post Content that you intend to appear on the publicly accessible Platform, unless otherwise indicated;
- You grant to eCaregivers, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses to do the same.
- eCaregivers retains the sole and exclusive right at any time for any reason or no reason at all to review and delete any Content, in each case in whole or in part, that in the sole judgment of eCaregivers violates these Terms or might be offensive, illegal, or that might violate the rights of other Registered Users or threaten their safety.
By accessing and using the eCaregivers Platform, you agree to immediately report any improper Content that you view or notice to eCaregivers via electronic correspondence to support@eCaregivers.com
, or by written correspondence to Joseph Maddaloni, Jr, Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932.
By using the eCaregivers’ Platform, you agree that you will not under any circumstances:
eCAREGIVERS RESERVES THE SOLE AND EXCLUSIVE RIGHT TO TAKE APPROPRIATE 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, AS NECESSARY TO PROTECT THE PLATFORM FROM HACKING, MISUSE OR MISAPPROPRIATION, OR AS NECESSARY TO PROTECT REGISTERED USERS FROM PROHIBITED USES AND ACTIVITY.
- Use the eCaregivers’ Platform, or any Content, in any way that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable and offensive;
- Use the eCaregivers’ Platform for any unlawful purpose, or for the promotion of illegal activities;
- Use or employ any browser or server technology which alters, conceals, or hides your IP address.
- Harass, abuse or harm another person or group, or attempt to do the same through your use of the Platform;
- Access or use another Registered User’s Account unless you have the legal authority to act on behalf of the Registered User, and to bind the Registered User to these Terms;
- Attempt to re-register with eCaregivers if your access has been limited, terminated or in some manner restricted by eCaregivers for any reason;
- Interfere or attempt to interfere with the proper functioning of eCaregivers’ Platform by or through the automated use of the Platform, or by taking any action that would impose or potentially impose an unreasonable or disproportionately large load on the eCaregivers’ servers or network infrastructure, or bypass any robot exclusion headers or other measures taken by eCaregivers to restrict access to or use of the Platform;
- Use the eCaregivers’ Platform for any commercial solicitation purposes other than those intended by eCaregivers;
- Establish or engage in a direct or indirect relationship for the provision of care with another Registered User outside of the eCaregivers’ Platform in an effort to avoid or interfere with the payment of fees to eCaregivers as required for use of the eCaregivers’ Platform; or,
- Publish or link to malicious Content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt the eCaregivers’ Platform and/or another Registered User’s browser or computer, or access to or use of the Platform.
By accessing and using the eCaregivers Platform, you agree to immediately report any prohibited use or uses that you view or notice to eCaregivers via electronic correspondence to support@eCaregivers.com
, or by written correspondence to Joseph Maddaloni, Jr, Esq., Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932.
Care Seekers Accept & Affirm:
As a Care Seeker, you expressly represent, acknowledge and affirm your agreement with and understanding of the following terms and conditions in addition to the Terms outlined above:
Care Providers Accept & Affirm:
- You will promptly notify eCaregivers at firstname.lastname@example.org if any component of your Account Credentials is lost, stolen, or otherwise compromised;
- You will only post Content that is consistent with these Terms, and which is truthful and accurate;
- eCaregivers is NOT the employer of any Care Providers. You and the Care Provider(s) that you engage using the eCaregivers’ Platform will determine and define the working relationship that you establish.
- eCaregivers assumes no responsibility for finding or furnishing you with a Care Provider. You are solely responsible for locating, vetting and engaging all Care Providers using the eCaregivers’ Platform, including replacement, fill-in or back-up Care Providers to cover if your regular Care Provider fails to report or is otherwise unavailable to cover a scheduled shift. All replacement, fill-in and back-up Care Providers listed on the Platform must be Registered Users of the eCaregivers’ Platform and must comply with these Terms.
- eCaregivers does NOT provide Care Providers with any benefits including but not limited to: insurance coverage, health and medical insurance, liability insurance or Workers’ Compensation insurance. All benefits, if any provided or required by law, must be provided by the Care Seeker.
- IF YOU AND THE CARE PROVIDER ELECT THE FULL-SERVICE PAY MODEL, YOU WILL BE CONSIDERED THE CARE PROVIDER’S EMPLOYER AND WILL BE REQUIRED TO MAKE CERTAIN DEDUCTIONS FROM THE CARE PROVIDER’S COMPENSATION INCLUDING, BUT NOT LIMITED TO, PAYROLL AND INCOME TAXES DEDUCTIONS, MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS. YOU MAY ALSO BE REQUIRED TO PAY THE CARE PROVIDER OVERTIME AFTER 40 HOURS WORKED IN ANY WORK WEEK. THE ECAREGIVERS’ PLATFORM ENABLES YOU TO ADDRESS THESE OBLIGATIONS AND RESPONSIBILITIES FOR A FEE THROUGH THE USE OF HOME WORK SOLUTIONS, WHICH IS A THIRD-PARTY PAYROLL PROCESSING COMPANY. YOU MAY ALSO BE REQUIRED BY LAW OR REGULATION AND NEED TO COMPLY IF YOU ARE TO PROVIDE BENEFITS OR INSURANCES OF ANY TYPE.
- EVEN IF YOU AND THE CARE PROVIDER ELECT THE DIRECT PAY MODEL, YOU MAY STILL BE CONSIDERED THE CARE PROVIDER’S EMPLOYER AND YOU MAY STILL BE HELD RESPONSIBLE FOR PAYROLL AND INCOME TAXES AS WELL AS MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS. YOU MAY ALSO BE RESPONSIBLE FOR OVERTIME PAYMENTS AND FOR ANY WORK-RELATED INJURIES SUSTAINED BY THE CARE PROVIDER WHILE PROVIDING SERVICES TO YOU.
- eCaregivers does not handle or process any funds and is otherwise not responsible for the payments made to Care Providers for services provided. You are at all times solely responsible for the compensation to be paid to Care Providers and for all fees associated with your use of the Platform and any optional selections made such as criminal and drivers silence checks, pay method, etc.
- You should consult professionals such as but not limited to lawyer, accountants and other professionals to be compliant with any applicable rules, regulations etc. that may apply to the relationship you create with a Care Provider.
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:
- You will promptly notify eCaregivers at email@example.com if any component of your Account Credentials is lost, stolen, or otherwise compromised;
- You will only post Content that is consistent with these Terms, and which is truthful and accurate;
- eCAREGIVERS IS NOT YOUR EMPLOYER. You and the Care Seeker(s) that you engage using the eCaregivers’ Platform will determine and define the working relationship that you establish.
- You will not receive any benefits, payments or compensation from eCaregivers.
- You will not knowingly, willfully, or negligently accept any offer from a Care Seeker if the 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 manner.
- eCaregivers assumes no responsibility connecting you with Care Seekers. You are solely responsible for locating, vetting and engaging Care Seekers interested in your services by using the eCaregivers’ Platform or other sources.
- eCaregivers assumes no responsibility for covering any shift or job that you are unable to cover for whatever reason. It is solely your responsibility and that of the Care Seeker(s) that engage you to arrange for replacement, fill-in or back-up Care Providers to cover if you are unable to report or otherwise cover a scheduled job or shift. All replacement, fill-in and back-up Care Providers listed on the Platform must be Registered Users of the eCaregivers’ Platform and must comply with these Terms.
- YOU MAY BE ENGAGED BY A CARE SEEKER AS EITHER A SELF-EMPLOYED CARE PROVIDER OPERATING A BUSINESS AS AN INDEPENDENT CONTRACTOR OR AS AN EMPLOYEE OF THE CARE SEEKER. THE WORKING RELATIONSHIP THAT YOU ESTABLISH WITH THE CARE SEEKER IS SOLELY BETWEEN YOU AND THE CARE SEEKER. eCAREGIVERS ASSUMES NO RESPONSIBILITY AND OFFERS NO GUIDANCE OR ADVICE TO YOU AND/OR ANY CARE SEEKERS REGARDING THE RELATIONSHIP THA YOU ESTABLISH.
- IF YOU ARE NOT A SELF-EMPLOYED CARE PROVIDER OPERATING A BUSINESS AS AN INDEPENDENT CONTRACTOR THEN YOU SHOULD ONLY AGREE TO BE ENGAGED AS AN EMPLOYEE OF THE CARE SEEKER. AS AN EMPLOYEE OF THE CARE SEEKER, YOU WILL HAVE CERTAIN DEDUCTIONS TAKEN FROM YOUR PAY INCLUDING BUT NOT LIMITED TO INCOME AND PAYROLL TAXES, MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS. YOU MAY ALSO BE ENTITLED TO OVERTIME IF YOU WORK MORE THAN 40 HOURS IN ANY GIVEN WORK WEEK. YOU MAY BE PROTECTED FROM WORK-RELATED INJURIES THROUGH WORKERS COMPENSATION INSURANCE IF REQUIRED BY LAW. IT IS YOUR RESPONSIBILITY TO KNOW WHAT BENEFITS YOUR EMPLOYER WILL PROVIDE OR NOT PROVIDE.
- IF YOU ARE SELF-EMPLOYED AND OPERATING YOUR OWN BUSINESS AS AN INDEPENDENT CONTRACTOR, AND YOU ARE ENGAGED BY THE CARE SEEKER ON THAT BASIS, YOU WILL BE PAID A LUMP-SUM FOR EACH WEEK THAT YOU WORK AND YOU WILL BE RESPONSIBLE FOR PAYING ALL TAXES SUCH AS INCOME AND PAYROLL TAXES THAT ARE DUE AND OWIED TO THE STATE AND/OR FEDERAL GOVERNMENT. YOU WILL NOT BE ENTITLED TO OVERTIME IF YOU WORK MORE THAN 40 HOURS IN ANY GIVEN WORK WEEK, AND YOU WILL NOT BE PROVIDED WORKERS COMPENSATION INSURANCE OR ANY BENEFITS BY THE CARE SEEKER, NOR WILL YOU BE ENTITLED TO UNEMPLOYMENT INSURANCE OR ANY BENEFITS OF ANY TYPE.
Ambassador Program (Optional for Care Providers):
- Regardless of whether you are engaged by a Care Seeker as an employee or an independent contractor, you are encouraged to obtain professional liability insurance to protect you and the Care Recipient in the event of a mishap or other event that results in injury or harm to the Care Recipient while you are providing services.
- You are responsible for paying all taxes and for filing all tax returns with respect to all income you earn from performing services for Care Seekers that engage you using the eCaregivers Platform regardless of whether you are engaged as an employee or as an independent contractor.
- You do not rely solely on the eCaregivers’ Platform for identifying Care Seekers, and you are free to market your services through other channels.
- Any fees, compensation or reimbursement that you earn or are due for services provided is solely the responsibility of the Care Seeker(s) that you enter into a relationship with to provide care. eCaregivers is NOT responsible for any payments and does not handle any funds from any Care Seeker, which are used to pay for your services.
- You should consult professionals such as but not limited to lawyer, accountants and other professionals to be compliant with any applicable rules, regulations etc. that may apply to the relationship you create with a Care Seeker and Care Recipient.
The eCaregivers’ Ambassador Program is optional and allows a Care Provider to refer Care Seekers and/or Care Providers to the eCaregivers’ Platform, and to earn a portion of the eCaregivers’ service fees that are generated by the Care Seeker and/or Care Provider that is referred.
Care Providers who opt to participate in the Ambassador Program will be issued an Ambassador Code (also known as a referral code). Care Providers will then share their code with other Care Providers and Care Seekers that they refer to the eCaregivers’ Platform. Through the Care Portal you can use the Ambassador Code to track your referrals and earnings, as well as the activity of those that you have referred. If the information is not on the Care Portal you will receive a quarterly statement from eCaregivers for such payments.
If you choose to participate in the eCaregivers’ Ambassador Program, you expressly represent, acknowledge and affirm your agreement with and understanding of the following terms and conditions in addition to the Terms outlined above:
Verification & Background Checks by eCaregivers:
- Participation in the eCaregivers’ Ambassador Program is optional and free, there is NO cost to participate;
- Participation in the eCaregivers’ Ambassador Program does NOT give Care Providers priority or otherwise impact their ranking in search results. The Program is solely intended to enable Care Providers to refer the eCaregivers’ Platform to other Care Seekers and/or Care Providers, and to provide a way for those Care Providers who make referrals to share in the fees generated by the Care Providers and/or Care Seekers that they refer to the Platform;
- Choosing not to participate in the eCaregivers’ Ambassador Program will not in any way impact how a Care Provider’s ranks in search results or a Care Provider’s ability to otherwise access and use the eCaregivers Platform;
- Care Providers that opt to participate in the Ambassador Program (as well as those Care Providers that they refer to eCaregivers’ Platform) are NOT employees of eCaregivers. Care Providers will not be paid a salary and will not be entitled to any benefits from eCaregivers while they participate in the Ambassador Program;
- Care Providers that opt to participate in the Ambassador Program, will be paid either 10% or 20% (depending on the relationship /fee structure chosen by the parties for the particular relationship defined) percent of the fees paid and collected by eCaregivers from the Care Providers and/or Seekers that are referred to the eCaregivers’ Platform by the Care Provider. Payments will be made in a lump-sum on a quarterly basis through eCaregivers’ third-party Vendor, Stripe. You will be issued a 1099 at the end of the year from eCaregivers, and you are solely responsible for the payment of all income or other taxes due and owing on all referral fees paid to you by eCaregivers;
- All Care Seekers and/or Care Providers referred through the eCaregivers’ Ambassador Program must be or become Registered Users of the Platform, and must agree to these Terms;
- eCaregivers reserves the right in its sole discretion to limit, modify, amend or terminate the Ambassador Program at any time and for any reason including, but not limited to, changes in referral fees and program details. eCaregivers will notify you of any changes to Ambassador Program prior to their effective date using the e-mail address that is provided as part of your Account Credentials. Referral fee payments will be made to Care Providers by eCaregivers for service fees generated from referral sources through the date the Ambassador Program is terminated, and only after eCaregivers’ receives payment for the platform services provided;
- eCaregivers’ makes no representation and offers no guarantee to any Care Provider regarding the amount of referral fees that can or may be earned by any Care Provider through the Ambassador Program;
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 at eCaregivers’ expense on an initial, periodic or ongoing basis to conduct verification and/or background checks on you to verify your identity and the personal information provided upon your registration with eCaregivers including, but not limited to Social Security Number, address, phone number, licenses or certifications, education, training, driving record, and work and personal references.
The results of these verification and background checks are not shared with other Registered Users and are used solely by eCaregivers for determining a person or entity’s eligibility to be a Registered User of 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 right to refuse to establish an account for any person or entity that applies to be Registered User, or to discontinue, limit or restrict 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 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. 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 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 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 TERMINATED YOU ACCOUNT.
Verification & Background Checks by Care Seekers:
The eCaregivers Platform includes an optional feature, which enables Care Seekers to run verification and background 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 and driver’s license checks. Care Seekers may also use any other third-party vendor or consumer reporting agency to conduct verification and background checks.
CARE SEEKERS ARE NOT REQUIRED TO PERFORM VERIFICATION AND BACKGROUND CHECKS ON CARE PROVIDERS, ALTHOUGH 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 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 PROPSECTIVE CARE PROVIDERS BEFORE MEETNG WITH A CARE PROVIDER OR PERMITTING A CARE PROVIDER TO ENTER THE CARE SEEKER’S AND/OR CARE RECIPEINT’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.
The initiating Care Seeker will receive the information 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 and not with eCaregivers. eCaregivers has access to background checks but does not actively review them as that is the responsibility of the Care Seeker who orders the checks. 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.
The cost for conducting verification and background checks is the sole responsibility of the Registered User that initiates the check.
CARE PROVIDERS ARE REQUIRED TO CONSENT TO VERIFICATION AND BACKGROUND CHECKS BEING CONDUCTED BY CARE SEEKERS WHEN CARE SEEKERS REQUIRE SUCH AS PART OF AN OFFER, ALTHOUGH eCAREGIVERS HIGHLY RECOMMENDS THAT CARE PROVIDERS ALLOW CARE SEEKERS TO CONDUCT THESE CHECKS CARE PROVIDERS HAVE THE OPTION OF NOT AGREEING TO ANY CHECK(S) BY NOT ACCEPTING OFFERS THAT INCLUDE BACKGROUND CHECKS.
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 the 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.
Care Seekers have the right to use any Background Check Company they wish and do not have to use the eCaregivers platform for such and can still use other eCaregivers platform features.
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.
Disputes & Dispute Resolution:
Any issues, concerns or disputes arising between a Care Seeker and Care Provider including, without limitation, the quality or services received by the Care Seeker or the amount of payment due to the Care Provider, must be resolved directly by and between the Care Seeker and the Care Provider. eCaregivers will not intervene in disputes between Registered Users who, as a condition of have accessing 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 such as Global Verification Networks or Home Work Solutions.
By accessing and using the eCaregivers Platform, all Registered Users hereby agree to submit any issues, concerns or disputes with eCaregivers to confidential, binding 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 shall be governed by the applicable rules of the American Arbitration Association ("AAA"), but the dispute shall not be submitted to the AAA for administration. Arbitration shall take place in Morristown, Morris County, New Jersey by a single arbitrator chosen by eCaregivers and the Registered User by agreement after service of the notice of arbitration. If eCaregivers and the Registered User cannot agree on an arbitrator, then one will be selected in accordance with the AAA’s rules. The outcome of arbitration shall be final and binding. The arbitration award may be recorded in a court of competent jurisdiction for enforcement and collection purposes. The prevailing party will be entitled to an award by the arbitrator of its reasonable attorneys' fees, costs and expenses. Any dispute as to the reasonableness of any fee or cost shall be resolved by the Arbitrator.
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 collects certain information in order to carry out our business functions and provide the highest quality of service to Registered Users. 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 e-mail addresses. This information 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. 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. In order to compile this 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 web site “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. 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 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. eCaregivers may disclose collected information to both affiliated and non-affiliated entities including, but not limited to, third party vendors to manage the Platform, or to its counsel to defend claims or litigation, or to its consultants to enhance the eCaregivers Platform. eCaregivers may also share this information in connection with certain business transactions, such as the acquisition of all or substantially all of eCaregivers’ assets. Whenever feasible, eCaregivers will not disclose any Registered User’s personally identifiable information for any purposes other than in conjunction with the business activities requested of us by the Registered User unless otherwise permitted or required by law. eCaregivers will never sell, license or otherwise transmit any Registered User’s information for marketing or other similar purposes outside of the platform unless approved by User or selections User makes on site.
NO SYSTEM FOR SAFEGUARDING PERSONAL OR OTHER INFORMATION IS 100% SECURE. HOWEVER, eCAREGIVERS HAS IMPLEMENTED VARIOUS PROTECTIVE MEASURES INTENDED TO SAFEGUARD THE SECURITY OF PERSONAL INFORMATION OBTAINED THROUGH THE eCAREGIVERS PLATFORM. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ANY OF eCAREGIVERS PRACTICES OR THE SECURITY OF YOUR PERSONAL INFORMATION, PLEASE CONTACT eCAREGIVERS AT 203-890-0030 OR SUPPORT@ECAREGIVERS.COM.
Copyrights & Marks:
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’s 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
Disclaimers; Limitations & Indemnification:
The eCaregivers Platform endeavors to always be fully operational and working. However, due to acts of god, 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 any information shared on or through the eCaregivers Platform can be viewed by any Visitor or Registered User. Registered Users should be careful not post any information on or through the eCaregivers Platform that they do not want 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 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 HIPPA.
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, such as 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 or Home Work Solutions (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.
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.
In no event will eCaregivers be liable for any direct, indirect, special, incidental, or 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 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 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 REGISTERED USER’S USE AND/OR ACCESS TO THE eCAREGIVERS PLATFORM 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, 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 Fair Credit Reporting Act but shall not apply to intentional misconduct or claims for personal injuries.
BY ACCESSING AND USING THE ECAREGIVERS PLATFORM ALL VISITORS AND REGISTERED USERS TO INCLUDE USERS THAT AGREE TO BE AMMBASSAODRS AGREE TO HOLD ECAREGIVERS HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THE USE OF 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 AGAINST ANY SUCH LOSSES, CLAIMS, DAMAGES, LIABILITIES OR EXPENSES, BUT YOU WILL NOT SETTLE WITHOUT CONSULTING ECAREGIVERS AND OBTAINING ECAREGIVERS’ PRIOR WRITTEN CONSENT. ECAREGIVERS RESERVIES THE RIGHT TO PARTICIPATE AND TAKE CONTROL OF ITS DEFENSE THROUGH SEPARATE COUNSEL AT ITS SOLE DISCRETION.
These Terms supersede any and all prior Terms, agreements and understandings, oral or written, express or implied regarding the access to and use of the eCaregivers Platform.
These Terms, and any dispute with eCaregivers arising from or related to the eCaregivers Platform, shall be governed by the laws of the State of New Jersey, without regard to principles of conflicts of law; provided, however that the Federal Arbitration Act shall govern the agreement to arbitrate disputes.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, it shall be replaced 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 as determined by eCaregivers, and these Terms shall be enforceable as so modified, and all other provisions of these Terms shall remain unchanged and in full force and effect.
If you have any questions or need further information regarding the eCaregivers Platform please contact eCaregivers at 203-890-0030 or firstname.lastname@example.org, or at Legal Department, eCaregivers, Joseph Maddaloni, Jr., Esq., Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, (973) 539-1000, email@example.com.
End of Terms