TERMS AND CONDITIONS OF USE
Last Modified: March 1, 2019
These Terms and Conditions of Use (“Terms”) apply to any website, mobile application, widget, or other online service owned or controlled by SDX Home Care Operations, L.L.C. or its affiliates or subsidiaries (“SDX”) and that posts a link to these Terms (“Site”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. You acknowledge that you have read, understood and agree to be bound by these Terms by accessing and using the site.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS ARE SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
IN THESE TERMS, THERE ARE PROVISIONS WHICH LIMIT OUR LIABILITY, OUTLINE RISKS ASSOCIATED WITH USING THE SERVICE AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE HEREIN, BEFORE USING THE WEBSITE AND SERVICE.
BY USING OUR WEBSITE AND SERVICE INCLUDING FOR ESTABLISHING AN ACCOUNT ON BEHALF OF AUTHORIZED RECIPENT OR CARE CUSTOMER, THE RECIPIENT OF CARE AND THE USER OF THE WEBSITE ("YOU" OR "YOUR"), REPRESENT AND WARRANT THAT:
1. YOU ARE AT LEAST 18 YEARS OLD; And
2. YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND SERVICE.
IF YOU ARE USING THE WEBSITE AND/OR SERVICE ON BEHALF OF, OR IN THE EMPLOY OF, AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY. FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN AGREEMENT BETWEEN YOU AND SDX.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. WE MAY NOTIFY YOU OF ANY SIGNIFICANT CHANGES TO THESE TERMS BY SENDING A NOTICE TO THE EMAIL ADDRESS REGISTERED IN YOUR ACCOUNT, OR BY PLACING A NOTICE ON OUR WEBSITE. THIS WILL ALLOW YOU TO CHOOSE WHETHER TO CONTINUE USING THE SERVICE OR NOT. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE AND TERMINATE YOUR ACCOUNT, SUBJECT TO THE TERMS PROVIDED FOR HEREIN.
About Our Service
We offer caregiving services. As with all our services, we seek to maintain a high level of personal dignity and respect for the customers at all times. Our platform will allow customers and caregivers to connect with each other and arrange services for seniors.
Establishing an Account
-You and the client for whom you are authorized to book services are at least 18 years old;
-You are an authorized recipient or care customer
-All information provided to us, whether at the time you established your account or thereafter, is true, accurate and not misleading;
We may also allow you to create such accounts via third-party providers such as Google, Facebook, Twitter, LinkedIn, Yahoo and others. If you elect to establish your account via one or more third-party provider, you agree to permit us to collect the personal information such third-party sends us to establish your account.
Upon establishing a user account with us, we hereby grant you a worldwide, non- transferable, non-exclusive license to access the Service in accordance with these Terms, but reserve the right to revoke said license and your access to our Website and Service without cause or justification.
By creating one of the two above accounts you will become registered as a “Customer” or a “Caregiver” on the Service. Customers can search for and contact Caregivers based on certain filters and preferences.
Account Not Transferable, Updating Your Account & Security
If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You agree you are responsible for any activity on your account, whether or not you authorized that activity. You agree to immediately notify us of any unauthorized use of your account.
You understand that the technical processing and transmission of the Website and Service, including your content, may be transferred unencrypted, hacked or stolen by third-parties and involve transmissions over various networks and devices.
Submitting Booking Requests
If you are a Customer, when contacting a Caregiver, you are solely responsible for confirming the accuracy of all information you upload or post to the Service, including for example, the work to be done and the time and duration of any booking request. By submitting a booking request, you understand and agree that the Caregiver to whom you have made the request has the right to accept or decline such request in his or her sole discretion.
Fees listed on the Service may change (increase or decrease) at any time along with the amount and terms of any cancellation charges. If you are a Customer, you agree to pay the fees listed on the Service for any and all Caregivers you hire via the Service. As Customer, you agree to those fees each time you accept a caregiving engagement on the Service.
As Customer, the Service will charge your credit card, or any alternative form of payment approved by us in writing prior to the payment date, according to the rate published for each scheduled and confirmed booking under your Customer profile and upon completion of a scheduled booking. All fees published on the Website and Service are inclusive of our own fees for providing the Service and granting you continued account access.
As a Customer, by using the Service to schedule bookings, you authorize us to process payments for the service.
You acknowledge and agree that we use third-party payment processors for all credit card and related billing and payment charges and your personal and credit card information is provided to them when you establish an account. Please contact us if you have any questions about our third-party payment processor.
We reserve the right, in our sole discretion, but have no obligation, to
- Place on hold any out of pocket expenses; or
- Refund or provide credits to a Customer or arrange our payment processor to do so.
As a Customer, you agree to pay any and all sales and other taxes applicable to the services and applicable to these Terms or arising, in any way, from your account and access to and use of the Website and Service.
If any information or terms posted to the Website or Service concerning fees, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms.
ACCEPTANCE OF RISK AND DISCLAIMERS
EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE AND ACKNOWLEDGE THAT:
- WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE OF THIS SITE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
DISCLOSURE OF INFORMATION PURSUANT TO COURT ORDER, SUBPOENA OR OTHER LEGAL PROCESS
WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR SERVICE TO THIRD-PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
WE OPERATE THE WEBSITES AND SERVICE IN CONJUNCTION WITH OUR EMPLOYEES. OUR EMPLOYEES MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION IN PROVIDING SERVICES TO US, OR PROVIDING YOU WITH ACCESS TO THE WEBSITE AND SERVICE. WE MAY USE A VARIETY OF SERVICE PROVIDERS, EMPLOYEES AND SERVERS IN LOCATIONS BOTH INSIDE AND OUTSIDE OF UNITED STATES, WHICH MAY MAKE YOUR PERSONAL INFORMATION THE SUBJECT OF FOREIGN LAWS AND FOREIGN LEGAL PROCEEDINGS.
LIMITATION OF OUR LIABILITY
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR DO NOT AGREE WITH ANY PART OF THESE TERMS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
Our Website and Service contain open source and public domain content, licensed content as well as proprietary content owned by us and by third-parties. You are not permitted to copy or distribute any content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service without the express consent of the owner. All other contents of the Website and Service including, but not limited to, the computer code, is the property of SDX Home Care Operations L.L.C. and/or our independent providers of content ("ICPs") with all rights reserved.
Without limiting the generality of the forgoing, you are not permitted to use any trademark or trade name of SDX Home Care Operations, L.L.C., including our logos, without our express permission.
Our Website and Service permits you and other users the ability to upload and post content ("User Content") to the Service. We do not pre-screen User Content uploaded or posted to the Website or Service by you or other users. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Service in order to facilitate the ordinary use of the Service.
In addition to our Acceptable Use Policy, You agree not to use the Service in any manner which may infringe copyright or other intellectual property rights of any third-party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
You agree that we do not accept or assume responsibility, nor shall you hold us liable or responsible for the accuracy or reliability of any information provided by Customers or Caregivers on or off the Website or Service.
Property and Feedback
All rights, title and interest in and to the Website, Service and their contents or components are and will remain the exclusive property of SDX, our ICP’s and licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your Feedback (as defined below) into subsequent versions.
The Website, Service and their contents are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service or their contents. You may not copy or modify the code used on the Website or Service.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to us, in any form, will immediately become our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein.
At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Website, Service or their contents or in any of our Intellectual Property Rights on account of these Terms or your performance under these Terms.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify our copyright agent at [email protected] While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users may provide links and references to material on other websites or applications not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
We reserve the right to place your account on hold pending any application, employee background check or verification processes(applicable to Caregiver Accounts only), complaints, dispute resolution or any other reason.
The Customer acknowledges that CK Life caregivers who are not providing nursing services are not qualified or authorized to provide any medical services to the Customer. The Customer further acknowledges that if a medical emergency arises while any CK Life caregiver is providing services to the Customer or is otherwise present, that caregiver will not provide any medical services to the Customer, but the caregiver may call 911 for emergency assistance. The Customer agrees to hold harmless CK Life and its caregiver for any emergency medical or other care that the caregiver may provide to the Customer, including care provided based on instructions given by any 911 service provider. Unless CK Life is expressly providing private duty nursing services, CK Life will not administer or provide any medication and will be limited to solely providing verbal reminders to take medication and assistance opening containers.
Customer Property and Injury
The Customer agrees not to hold CK Life or its caregivers responsible for any physical loss or damage to, or loss of use of, any of the Customer’s property while outside the care or control of a CK Life caregiver. The Customer will not hold CK Life or its caregivers responsible for any bodily injury to the Customer if the Customer fails to follow the caregiver’s instructions and/or the injury occurs while the Customer is not in the presence of the caregiver. The Customer further agrees not to hold CK Life or its caregivers responsible for any bodily injury, property damage, fire, theft, collision or public liability claims arising out of the operation of a motor vehicle that is not being operated or controlled by a CK Life caregiver.
The Customer will not, directly or indirectly, or through family or other persons, obtain or seek to obtain the personal phone number or address of any CK Life caregiver. Furthermore, the Customer will not, directly or indirectly, or through family or other persons, contact or discuss with a CK Life caregiver or any of the caregiver’s family members payments or invoices or caregiver compensation, without first obtaining written permission from CK Life.
Solicitation of Caregivers
The Customer acknowledges that CK Life has a substantial investment in recruiting, hiring, training and retaining its employees in order to develop and maintain the unique skill set required for the performance of their job duties. The Customer agrees that during the term of this Agreement and for a period of one (1) year from the last day that the Customer stops utilizing CK Life’ services, the Customer will not, directly or indirectly through family, or through any other person, company or agency, utilize or hire any CK Life caregiver or former CK Life caregiver. In addition, for the same period of time, the Customer agrees not to, directly or indirectly through family or any other person, induce any CK Life caregiver to leave his/her employment with CK Life. The Customer acknowledges that CK Life caregivers who provide services directly to Customers have entered into non-competition agreements (not applicable in all states) with CK Life. If the Customer, in violation of this Agreement, directly or indirectly through family, or through any other person, company or agency, utilizes or hires any CK Life caregiver, then CK Life may seek its losses and damages from the Customer in a court of competent jurisdiction. CK Life may also seek such losses and damages if the Customer, directly or indirectly through family or any other person, company, or agency, induces any CK Life caregiver to leave his/her employment with CK Life.
The Customer and CK Life acknowledge that it would be difficult to estimate CK Life’ actual losses and damages if the Customer breaches the obligations set forth in the preceding two (2) paragraphs. Therefore, if the Customer breaches any of those obligations, THE CUSTOMER WILL PAY TO CK LIFE $12,500 AS LIQUIDATED DAMAGES FOR EACH CAREGIVER OR FORMERCAREGIVER THE CUSTOMER UTILIZES, HIRES, OR INDUCES TO LEAVE HIS/HER EMPLOYMENT, PLUS ALL REASONABLE COSTS THAT CK LIFE INCURS IN COLLECTING SUCHAMOUNT, INCLUDING, BUT NOT LIMITED TO ITS COLLECTION FEES AND LEGAL FEES (INCLUDING ATTORNEY FEES). The Customer and CK Life agree that this amount represents a reasonable amount and the parties’ best estimate of CK Life’ expected actual losses and damages, including, but not limited to, the cost that CK Life expended in recruiting, hiring, training and retaining the caregiver or the caregiver’s replacement, as well as forgone business opportunities and other incidental and consequential damages. The Customer acknowledges that this amount is not a penalty. THE CUSTOMER AUTHORIZES CK LIFE TO CHARGE THE CUSTOMER’S CREDIT CARD FOR THESE LIQUIDATED DAMAGES, NOTWITHSTANDING ANY OTHER NOTICES OR OTHER DIRECTIONS THAT THE CUSTOMER MAY HAVE GIVEN CK LIFE.
The Customer will not entrust a CK Life caregiver with unattended premises or any part thereof. Additionally, the Customer will secure all valuables, including, but not limited to, cash and negotiable instruments, and the Customer will not entrust a CK Life caregiver with the same, without first obtaining CK Life’ written permission, and then only when the CK Life caregiver’s specific duties necessitate such activities. The Customer agrees that any claims made under CK Life’ fidelity bond or crime insurance must be made in writing by the Customer within ten (10) days of the occurrence.
Customer Concerns or Complaints
If Customer any concerns of any kind, please call (866) 498-5650 or email [email protected]
In Home Emergencies PolicyIn the event of an emergency while a CK Life Caregiver is in Customer’s home, the CK Life caregiver will call 911. The caregiver will NOT move the Customer or attempt to administer aid without the direct input of the emergency operator. The caregiver will describe the Customer’s condition to the emergency operator to the best of their ability and will stay at Customer’s home until the ambulance arrives, if necessary. CK Life caregivers are not required to be trained in or administer CPR. If a caregiver is trained in CPR, he or she may only administer CPR at the instruction of the emergency operator or on-site medical personnel. Caregivers without CPR certification may NOT administer CPR at any time.
Law of the Contract (Governing Law) and Jurisdiction.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the State where services are being provided, without regard to any conflict of laws provisions. SDX makes no representation that the information in the site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms and any Additional Terms incorporated herein by reference constitute the entire agreement between SDX and you with respect to the site. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any cause of action you may have arising out of or relating in any way to the site must be commenced within one (1) year after the claim or cause of action arises.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
Cancellation of a Scheduled Job
Once a Customer and Caregiver enter and accept a booking, either party may cancel the booking anytime up to 4 hours prior to the start time. If a job is not cancelled by Customer 4 hours prior, the Customer’s credit card will be charged for the full amount of the scheduled job.
Where a last minute cancellation of a scheduled job is made by a Caregiver, arising from any unforeseen circumstances, and the Customer is unable to find another Caregiver, we will assist and make a reasonable effort to find a replacement. However, we cannot guarantee a replacement Caregiver will be available.
We do not provide any refunds or credits for any jobs that a Caregiver has completed for a Customer.
TerminationThough we would much rather you stay, you can stop using our Website and Service at any time. Please contact us to learn more about cancelling your account. We reserve the right to suspend your account or access to our Website or Service at any time, with or without cause, and with or without notice. Your cancellation, suspension or termination of access to our Website or Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the contact and hiring of CK Life caregivers, your obligations under this agreement, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this AgreementThese Terms shall inure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of any SDX entities, or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using your account with us or using our Website and Service, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including but not limited to, payment processors, social media login account providers (Facebook, Twitter, Google, Yahoo etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
Any new features that augment or enhance the current Website and Service, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms. Continued use of the Website and Service after any such changes shall constitute your consent to such changes.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of SDX.
ACCEPTABLE USE POLICY AND CODE OF CONDUCT
Last Modified: March 1, 2019
WE ACCEPT NO RESPONSIBILITY FOR YOUR ACTIONS OR THE ACTIONS OF OTHER USERS OF THE WEBSITE AND SERVICE (WHETHER ONLINE OR OFFLINE). You agree to use our Website and Service, and if you are a Caregiver, to provide your services in accordance with the following acceptable use and code of conduct guidelines. In particular, you agree that you:
1. Will not upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any content, in whole or in part, for any purpose whatsoever except as expressly authorized in this acceptable use policy and the Terms;
2. Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
3. Will not upload, copy, distribute, share or otherwise use unsolicited or unauthorized advertising, promotional materials, or any junk mail;
4. Will not upload, copy, distribute, share or otherwise use content that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
5. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
6. Will not impersonate any person or entity;
7. Will not access the Website and Service by any means other than through the interface provided by us for use in accessing the Website and Service. This includes not using or launching any automated system including, without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses the Service in a way that sends more request messages to our servers in a given time period than a human reasonably can produce in the same time period.
8. Will not interfere with or disrupt the Website, Service or servers or networks connected thereto, make the Service available over a network (other than our network) where it could be used by others or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9. Will not use the Website or Service to artificially generate traffic or page links to a Website or for any other purpose not intended;
10. Will not collect, harvest or store any personally identifiable information, including user account information, from us;
11. Will not use the Website or Service or conduct yourself in a way that has any unlawful or fraudulent purpose or effect;
12. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, in whole or in part;
13. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service;
14. Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any commercial purposes any portion of the Website or Service (including, without limitation, your account information, use of the Service or access to the Service;
15. Will not use your account for your own commercial purposes by sublicensing any rights granted by the Terms or, in any way, sharing the benefit of your account with others. Your account is non-transferrable and may only be used by you;
16. Will not use the Website or Service in any way that violates the Terms, or that aids, encourages, or purports to authorize anyone else to violate the terms of this policy;
17. Will not use the Website or Service or conduct yourself in any way that intentionally or unintentionally violates any applicable local, state, provincial, national or international law, rule or regulation;
18. Will not employ misleading e-mail addresses or falsify information in any part of any communication;
19. Will not upload, transmit, disseminate, post, store or post links to any content that:
(a) prohibits from transmitting or posting by law, or by contractual or fiduciary relationship;
(b) facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
(c) interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack or any other means resulting in a crash of a host either deliberately or by negligence;
(d) infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party.
We reserve the right in our sole discretion to revise this policy, which shall be posted on the Website and Service.
Caregiver Consent to Background Checks and Verification Processes
If you are applying for a Caregiver account, you consent and permit us to obtain criminal background checks and other searches and verification checks via third-party providers. We retain the right, in our sole discretion, to accept, refuse or remove any potential or registered Caregiver from the Service based on the results of any such background check or other searches or any other information we obtain about or from you