These “Terms of Use” (these “Terms” or this “Agreement”) establish(es) the terms and conditions under which “Care Providers” (individuals and entities who provide care services) may use HomeCare.com’s products, services, software, applications, and websites (referred to as “HomeCare.com’s Services” or “Services” as described below).

General Provisions

For purposes of these Terms, the “Site” shall mean www.HomeCare.com and any other HomeCare.com branded websites, web pages, mobile applications and mobile websites operated by HomeCare.com, Inc., and the “Services” shall mean any of the various services described below under the heading “Overview of Services” except as limited under the heading “Limitations on the Services.” HomeCare.com may be referred to in this Agreement as the “Company”, “we” or “us.”

Please read these Terms before using the Site or the Services. If you do not agree with the terms, do not download, register or use our applications and discontinue using the website immediately.

HomeCare.com reserves the right to modify these Terms from time to time. We will attempt to notify mobile app Users of updated terms in the app. Website visitors should check these terms for any updates.

Table of contents

• Overview of Services
• Limitations on the Services
• Caregiver Eligibility to Use the Site and Services, Account Set-Up, Termination
• Rules for User Conduct and Use of Services
• Background and Verification Checks
• Mobile Text Message Service Terms
• Disclaimers; Limitations; Waivers; Indemnification
• Privacy
• Miscellaneous Provisions

Overview of services

We help Care Providers match with “Care Seekers” (individuals seeking in home care). As used herein, the terms “you” and “your” include any Care Provider who accesses the Site or the Services and, when applicable in the case of a Care Provider, any entity, such as an LLC or corporation, out of which the individual operates the individual’s Care Provider business.

The HomeCare.com Website allows Care Seekers to contact the company in order to share the requirements for the Care Provider. The HomeCare.com Service also provides the following features including:

• Screening for licenses, insurance, background checks and references where required;
• Matching technology for finding available Care Providers;
• Electronic Visit Verification confirming the hours and locations worked by Care Provider;

The HomeCare.com Mobile App allows Care Providers to review Care Seeker schedules, requirements and suggested rates. Care Providers use the mobile app to select their zip code, travel distance, required rates, and schedule preference. They also use the app to provide their license info, references, background check or any other documents required by the state in which they operate.

Limitations on the Services

HomeCare.com will not evaluate compliance with any term or condition relating to a Care Provider’s performance of services for a Care Seeker. HomeCare.com’s functions are in all respects ministerial and administrative on behalf of and in support of the parties to a contractual relationship created pursuant to the Site and Services.

HomeCare.com also does not provide any medical, diagnostic, assessment, treatment or clinical service, engage in any conduct that requires a professional license, and/or that constitutes the providing of home care.

Caregiver Eligibility to Use the Site and Services, Account Set-Up, Termination

In order for Caregivers to be eligible to use our Services, you must meet the following criteria:

• You are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services;
• You must be permitted to legally work within the United States;
• You must comply with the applicable provisions of the Background and Verification Check Section below.

Caregivers registering or using the Services of HomeCare.com, you represent, acknowledge and warrant that you have met the applicable eligibility requirements above, and that you have the right, authority and capacity to enter into these Terms for yourself or on behalf of another, and you commit to abide by all of these Terms, as applicable.

Creating an Account: You may be required to select a unique user ID and password, along with other authentication requirements that may be required (collectively “Account Credentials”). You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. You are solely responsible for any and all use of your Account Credentials and Account and all activities that occur under or in connection with your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group.

Termination of Use or Registration. Should HomeCare.com determine that you have violated any terms stated herein, have misrepresented your credentials or identity or your credential status has changed or expired, HomeCare.com reserves the right to terminate your access to the HomeCare.com Website and / or Mobile App. HomeCare.com will not, and has neither the right nor the power to, terminate any home-care arrangement in which you are involved. Our decision to terminate a Care Provider’s access to our platform does not constitute, and should not be interpreted as bearing on the individual’s character or general reputation.

Rules for User Conduct and Use of Services

Exclusive Use. As a Care Provider, you may use your account only to locate care opportunities for yourself from Care Seekers. Care Providers are responsible for all of their respective activity on the Site and use of their accounts. Care Providers may not assign or otherwise transfer their accounts to any other person or entity.

If you are a Care Provider, as a condition to your using the Site and Services, you represent and affirm:

• That you will not knowingly, willfully, or negligently accept any opportunity presented pursuant to the Site and Services if such opportunity would require professional credentials you do not possess, or be in violation of any applicable law, ordinance, or duty, contractual or otherwise, that you owe to a third party;
• That you will promptly notify HomeCare.com if any component of your login credentials is lost, stolen, or otherwise compromised; and
• That you acknowledge that HomeCare.com relies on the truthfulness of these representations and affirmations in determining your eligibility to use the Site and Services.

Content Restrictions. The following rules pertain to “Content,” defined as any communications, images, sounds, videos, messages, photos, audio, reviews, or profiles, and any other material, data, files and information, or any derivations or reproductions thereof, that you or other users publish, display, enter, post, upload, or transmit onto or through the Site or Services. By posting any Content while using our Service, you agree, represent and warrant as follows:

• You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Services;
• You will register your account in your own legal name, even if you are seeking care for another individual or family member;
• All Content you post will be in English as the Site and Services are not currently supported in any other languages;
• HomeCare.com reserves the right to publish content provided by you to our public website, app or other digital media designed to promote our service;
• You are solely responsible for any Content that you post on the Service You will not submit offensive or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), 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 suggest that any Content emanates from HomeCare.com;
• You have the right to, and hereby grant to HomeCare.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content (except for personally identifying information and protected health information as defined by the Health Insurance Portability and Accountability Act of 1996) by HomeCare.com will not infringe or violate the rights of any third party;
• Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations;
• HomeCare.com is not responsible for any claims resulting from any inaccurate, untimely or incomplete Content provided by users of the Site;
• Content submitted by users, and not directly by HomeCare.com, is that of the respective authors. Such authors are solely responsible for such Content. HomeCare.com does not: (i) guarantee the accuracy, completeness, or usefulness of any Content on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service; and
• Under no circumstances will HomeCare.com or its affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other Content submitted.

Prohibited Uses. By using the Site or Services of HomeCare.com, you agree that you will not under any circumstances:

• Use the Site, Services, or any information or Content contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• Use the Site or Services for any unlawful purpose, or for the promotion of illegal activities;
• Harass, abuse or harm another person or group, or attempt to do the same;
• Use another user’s HomeCare.com account unless you have the legal authority to make healthcare decisions on such user’s behalf;
• Provide false or inaccurate information when registering an account on HomeCare.com, using the Services, or communicating with other Registered Users;
• Attempt to re-register with HomeCare.com if we have terminated your account, or terminate your registration and re-register in order to prevent a review from being associated with your account;
• Interfere or attempt to interfere with the proper functioning of HomeCare.com’s Services, including without limitation the operation of the Site;
• Make any automated use of the Site or the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
• Use the communication systems provided by, or contacts made on, HomeCare.com for any commercial solicitation purposes other than those relating to seeking a care providing referral with a HomeCare.com client; or
• Publish or link to malicious content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancelbots, 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 another user’s browser or computer or access to the Services.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a Care Seeker may view or the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion. Should HomeCare.com find that you violated these Terms, or for any reason, HomeCare.com reserves the right, at its sole discretion, to immediately terminate your access and/or use of the Site and Services.

Further, in order to protect the integrity of the Site and the Services, HomeCare.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site. It shall be a violation of these Terms to use any browser or technology which alters, conceals, or hides your IP address.

Background and Verification Checks

General. Care Providers that register on the HomeCare.com App will not be eligible to accept referrals until they successfully complete the background and verification check process established by HomeCare.com through its approved vendors. Care Providers also may be subject to periodic background and verification updates over time. A copy of the reports from such checks will be provided to HomeCare.com. If a background check uncovers information that is considered in any adverse action relating to any Care Provider, the Care Provider will be notified of his or her options to review the results to the extent required under the FCRA (Fair Credit Reporting Act).

HomeCare.com also may review DMV records for Care Providers if required by Care Seeker.

Cost of background and verification checks. HomeCare.com will pay all costs of the background and verification checks, at no expense to you.

Receiving and sharing background checks. If you order a background check about yourself, you will be emailed a copy of the results if such results are considered in any adverse action. You are responsible for making sure that the email addresses you provide to HomeCare.com (and the approved vendor if applicable) are correct, knowing that sensitive information will be sent to those addresses. If you have ordered a background check through HomeCare.com, we may indicate in your profile that you have completed that component of our screening process. If the results of any background check you order causes HomeCare.com to be unable to establish your account, or requires that we suspend or terminate your account, those results will not be shared with other users without your specific consent, except as required or permitted by law.

HomeCare.com review of background checks. By using the Site or Services, you acknowledge and agree HomeCare.com may access, review, use and disclose any background check reports you have ordered or authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to decline to establish or continue your access or account, or to terminate your access or account based on the information contained in such reports. You hereby represent, understand, and expressly agree that HomeCare.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these background check reports. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it, and not HomeCare.com.

HomeCare.com may order and use background checks about you at its own expense. By downloading the HomeCare.com App Care Providers acknowledge and agree that HomeCare.com has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its users (“Internal Background Checks”). HomeCare.com may order these checks when you register with HomeCare.com and thereafter in connection with your continued use of our Services and/or interaction with our Site. BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW HOMECARE.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE HOMECARE.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.

HomeCare.com may verify your identity and the accuracy of your representations and warranties. By registering as a Care Provider, you authorize HomeCare.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, HomeCare.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data (e.g., licenses and certification you disclose to HomeCare.com) is accurate and that the representations and warranties above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

You agree that HomeCare.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation decline to establish or continue your access or account, or to terminate your access or account, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for HomeCare.com. You also hereby represent, understand, and expressly agree that HomeCare.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes. BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW HOMECARE.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE HOMECARE.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

Release of liability for results of background checks, internal background checks, and verification checks. If you decide to use or access information included in a background or verification check, you hereby represent, understand, and expressly agree that those 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, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database. If you decide to access, use, or share information provided by a background check, you agree to do so in accordance with applicable law. You expressly acknowledge that HomeCare.com has no obligation to perform background checks, Internal Background Checks, or Verification Checks on any Registered Users except as described on the Site and/or otherwise required by law. To the extent HomeCare.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

Mobile Text Message Service Terms.

The following terms in this section apply to everyone who: (1) signs up to receive one or more SMS or MMS message and/or messages from HomeCare.com, or (2) sends us messages via SMS or MMS.

To communicate with you more efficiently, we may at times contact you for non-advertising purposes using text messages, including messages sent with an automatic telephone dialing system or similar technology, at the telephone number(s) you have provided to us. When you sign up for HomeCare.com’s text alert program you are expressly consenting to receive text messages on behalf of HomeCare.com in the following circumstances (the “Text Services”):

• If you sign up to our Text Services, you will receive a text message confirming your enrollment in our Text Services;
• Operational communications concerning your user account, sign up progress, use of HomeCare.com’s Services, or features available in connection with the HomeCare.com’s Services;
• Communications relating to project opportunities with clients seeking in home care services;
• News concerning HomeCare.com and industry developments that affect Care Provider’s relationship with HomeCare.com; and
• Account verification communications.

You may opt out of the Text Services at any time by texting the word STOP to +1 (703) 662-8946 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from HomeCare.com related to the Text Services. If you need help with our Text Services, text the word HELP to +1 (703) 662-8946.

We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.

The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.

You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

Disclaimers; Limitations; Waivers; Indemnification

Site Content. The Services made available on this Site, and any information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is” and without any warranties of any kind, 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 Services, but not directly by HomeCare.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Care Provider content is primarily user-generated, and we do not control or vet user generated content for accuracy as a general matter. HomeCare.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers on or off this Site. We may offer certain users the opportunity to verify certain information such as their email address. If we indicate that a user has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, represent, or warrant the accuracy of such information. Nor can we guarantee, represent, or warrant that any user-generated content is free from computer viruses.

Additionally, links from the Site to external sites (including external sites that are framed by HomeCare.com) or inclusion of advertisements do not constitute an endorsement by HomeCare.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. HomeCare.com does not control such sites, and is not responsible for their content. Links on the Site to such sites does not mean that HomeCare.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by HomeCare.com’s Terms of Use. HomeCare.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold HomeCare.com harmless from any liability that may result from the use of links that may appear on the Site.

App Stores. You acknowledge and agree that the availability of the our mobile application (“Application”) is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and HomeCare.com and not with the App Store. HomeCare.com, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

Limitation of Liability. Incidental Damages and Aggregate Liability. In no event will HomeCare.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if HomeCare.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Indemnification.

1. By agreeing to these Terms, you agree to defend, indemnify, and hold HomeCare.com, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, 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 Site and/or participation in the Services, including but not limited to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through HomeCare.com or to us infringe or otherwise violate 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 Site and Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
2. No user has actual or apparent authority to sign agreements on behalf of HomeCare.com or bind HomeCare.com into a contract. You hereby agree to promptly defend against any losses, claims, damages, liabilities or expenses connected with the Site and/or the Services, but will not settle without consulting HomeCare.com and obtaining its prior written consent. You will allow HomeCare.com to participate, through separate counsel, in the defense of any such loss, claim or other action.
3. You and HomeCare.com expressly agree that this is not an employment agreement and does not create an employment relationship between any Registered User and HomeCare.com; and that no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. Registered Users have no authority to bind HomeCare.com, and you undertake not to hold yourself out as an employee, agent or authorized representative of HomeCare.com.

Privacy

We are committed to protecting the privacy of certain data that is collected from you and that you submit when you access this Site. We recognize the sensitive nature of much of the information with which we are entrusted on a daily basis, and we are committed to the highest standards of privacy. The nature of our business requires that we gather information that is of a personal nature, whether it is financial, medical or other information that you wish to keep protected. The following outline is intended to familiarize you with our policies for the gathering, use, maintenance and protection of private information. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered a complete representation of our practices.

Please review this policy carefully. If you have any questions or concerns about any of our practices, please contact us at 866-290-5866 or [email protected].

Information Collected. As you are probably aware, in the course of our relationship with you, we may collect information from a variety of sources. We collect this information in order to carry out our business functions and provide the highest quality of service to you. Most of our information about you comes directly from you. For example, we collect the personal information you provide, such as your name, email address and other information when you sign-up/register for an account. If you provide us feedback or contact us via email, we will collect your name, email address and the content of your email in order to send you a reply and/or provide the services you request. If you receive any payments via our Site, we will collect all information necessary to complete the transaction, including your name, bank account number and billing information.

Information also comes to us from third parties, including 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.

In addition, we will collect your location information to: (a) show you available caregiver jobs nearby; (b) provide the Care Seekers, nursing facility(s), nursing home(s), and any other facilities in which you provide services, your location to let them know when to expect you; and/or (c) verify whether you were at a particular facility or Care Seeker’s location at a particular time.

The Company may compile statistical information concerning the usage of the Site. This information allows the Company to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, etc.

In order to compile this information, the Company 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, etc. While all of this information can be associated with the IP address your computer had while you visited 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 Company may store about you for any other purposes.

The Company may use web site “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Site for your browsing convenience. You have the option of setting your browser to reject cookies, but our Site may not function correctly if you do. Refer to the Help feature of your browser for information on disabling cookies.

The Site is not directed to children. The Company does not knowingly collect any personal information from children. If you are concerned about your child’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site.

Disclosure of Information. In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, including but not limited to other users of the Site or Services, as we deem necessary. For example, and without limitation, the Company may need to use or disclose certain user-provided information with its third party vendors to manage its website, defend litigation, or enhance its services. We also may share this information in connection with certain business transactions, such as the acquisition of all or substantially all of the Company’s assets. However, whenever feasible, we will not disclose any user’s personally identifiable information for any purposes other than those in conjunction with the business activities requested of us by such user unless otherwise permitted or required by law. We endeavor to choose non-affiliates with similar standards to ours regarding the protection of private information. We generally do not require that you provide any information to obtain access to most areas of the Site. To access some areas you must be a Registered User. If you decide to provide personal information to us, we will not sell, license or transmit that information to third parties, except as described above or as otherwise required or permitted by law.

Do Not Track. “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.

Safeguarding of Information. No system for safeguarding personal or other information is 100% secure. However, we take a number of steps to safeguard the security of personal information obtained through the Site. For example, our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, e-mail and voice-mail, video surveillance, and other physical, electronic, and procedural safeguards.

Miscellaneous Provisions

Entire Agreement. These Terms of Use supersede any and all prior Terms of Use, agreements and understandings, oral or written, express or implied. Specifically excepted from the scope of this provision are any separate agreements between you and HomeCare.Com entitled “Agreement for Care Provider Referral” and/or “Agreement for Referral, Marketing and Administrative Services” (together with any addenda, if any, which may be incorporated into such agreements by express reference therein). This is a merger clause for purposes of the parol evidence rule, and is intended to completely integrate the entirety of the agreement between you and us, except as related to any Agreement for Care Provider Referral and/or Agreement for Referral, Marketing and Administrative Services, and any addenda (if any) which may be incorporated into such agreements by express reference therein.

Copyright Notices/Complaints.

Notices. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. The Site or Services may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to the Site or Services. Nothing in these Terms grant you any right to make or receive delivery of a copy of the Site or Services or to obtain access to our Site or Services except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to our Site or Services. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of HomeCare.com, our affiliates or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties' licenses and not by these Terms.

Complaints. It is HomeCare.com’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting HomeCare.com’s copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

HomeCare.com’s agent for copyright issues relating to this Site is as follows: Copyright Agent, Legal Department, HomeCare.com, Inc., 7925 Jones Branch Drive Suite 1100 McLean, VA 22102, Phone: 800-974-3458.

In an effort to protect the rights of copyright owners, HomeCare.com maintains a policy for the termination, in appropriate circumstances, of Registered Users and other users of this Site who are repeat infringers.

Governing Law and Jurisdiction. These Terms, and any dispute between you and HomeCare.com, shall be governed by the laws of the Commonwealth of Virginia without regard to principles of conflicts of law.

Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. 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, 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 these Terms shall be enforceable as so modified. Each of HomeCare.com’s fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, successors, and assigns is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

Contact Information. If you have any questions or need further information as to the Site or Services provided by HomeCare.com, or need to notify HomeCare.com as to any matters relating to the Site or Services please contact HomeCare.com at: Legal Department, HomeCare.com, 7925 Jones Branch Drive Suite 1100 McLean, VA 22102 or [email protected].