PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

These User Terms and Conditions (“Terms”) form a legally binding agreement that governs your relationship with Finding HomeCare LLC. (“Finding HomeCare LLC”, “we”, “us”, “our” and terms of similar meaning), regarding your use of our website hosted at https://findinghomecare.net (the “Website”), whether licensed, downloaded or otherwise accessed through third party sites or sources and related services (collectively, the “Service”).

If you are using the Service on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to the Terms for that organization and representing and warranting that you have the authority to bind that organization to the Terms. In such a case references herein to, “you”, “your”, “user” and “User” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by the Terms which form an agreement between you and Finding HomeCare LLC.

The content on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

By entering into these Terms and/or accessing or using the Service, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICE. In consideration for permitting you access to the Service and for other good and valuable consideration, you agree as follows:

1. About the Service

The Service permits to connect with a caregiver and or register as a caregiver and provide non-medical caregiving services in the home of registered families.  Collectively, the Family Users and the Caregiver Users shall be referred to herein as “Users” and each as a “User”.

The Service facilitates the connection of you, a User, with the Clients and assists in the prospecting and selection. As such, you acknowledge and agree that we do not provide Caregiving Services ourselves and that all such Caregiving Services are provided by Users who are independent participants or independent contractors that are not employed by Finding HomeCare LLC.   Finding HomeCare LLC is not and will not be a party to any agreement between the Users and the Clients for work to be performed, whether that agreement is formed via the Service or elsewhere. Clients and Users on their own accord may contract or negotiate additional terms of any services agreement, subject to the terms and conditions of the Terms.

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our Website.  We also reserve the right to modify or discontinue all or part of the Website without notice at any time.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.  

We cannot guarantee the Website or Services will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.  We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website.  Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website, the Service or to supply any corrections, updates, or releases in connection therewith.

Supplemental terms and conditions or documents that may be posted by us from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these Terms and Conditions to stay informed of updates.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms are posted.  

2. Privacy Policy and Other Agreements

We care about data privacy and security. All personal information collected, used or disclosed while using the Service is governed by our Privacy Policy located at https://www.findinghomecare.net/privacy (“Privacy Policy”, which is incorporated by reference and hereinafter included in the definition of “Terms”). By using the Service, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy. In addition, by using the Service, you agree to be bound by any additional policies, guidelines, rules, obligations and/or agreements communicated through the Service (even if they are not identified in the Terms) which may be published on the Service.

Please be advised the Website is hosted in the United States.  If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.  Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Website as quickly as is reasonably practical.

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Website into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Website and Services. In the event of any conflict between the English language version and a translated version, the English language version will control to the maximum extent permitted by law.

3. User Accounts; Registration Data, Verifying Information and Account Security

You may browse the public facing sections of our Website and/or Applications without establishing an account or providing us with any personal and/or business information. To become a User, use the Service and be booked by a Client, you must apply for and register for an account (“Account”). In order to establish an Account, you will be required to provide certain personal information, as set out in our Privacy Policy, the Terms and on the Service.

We may also allow you (but are under no obligation to) to create an Account by connecting an existing account you have with a third-party provider, including, without limitation, Google, Facebook, Twitter, LinkedIn, Yahoo and others (a “Third-Party Provider Account”). If you elect to establish your Account through a Third-Party Provider Account, you agree to permit us to collect the personal information such Third-Party Provider sends us to establish your Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  We make no effort to review any such agreements for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any terms you agree to. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website. You can deactivate the connection between the Website and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will make commercially reasonable efforts to delete any information stored on our servers that was obtained through such Third-Party

Unless otherwise specified in the Terms, all of your Third-Party Provider Account content, if any, shall be considered to form part of your Registration Data.

In order to apply for and register for an Account, the User may be required to submit additional information to the Service (“Verifying Information”), which may be accessed by other users of the Service. Such information includes, but is not limited to, the Credentials (as defined below) and all information and documentation related thereto. Upon submission of such Verifying Information, Finding HomeCare LLC may indicate to other users of the Service that you have submitted such Verifying Information. You hereby consent and permit us to send, give and/or present your Verifying Information to other users of the Service. You also consent to posting or having your information posted on your profile that we and other users of the Service will have access to and be able to view.

4. Eligibility to Use the Service

The Service is not available to children (persons under the age of eighteen (18)). You must review the Terms, before using the Service. By using the Service, you represent and warrant that you are at least eighteen (18) years old; you have the right, authority and capacity to enter into and abide by the Terms; and you have read and understand the Terms and agree to be bound by them.

In addition, to use the Service, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply and you are responsible for such rates and fees.

5. Client Credentials and Responsibilities

With respect to our provision of the Service, Clients can only register for an account and be active on the Service if they confirm that they possess, have and maintain all appropriate, up-to-date, valid and required licenses, credentials, approvals and authorizations to operate as a caregiver in the United States, in which they operate (collectively, the “Client Credentials”) and operate in accordance with all applicable laws. We will provide you with any information related to the Client Credentials that we are authorized to give you and that we order and/or receive (a) through third-party providers; and/or (b) when Clients register for an account to use the Service (collectively the “Client Verifying Information”).  Finding HomeCare LLC does not guarantee the legality or accuracy of any Client Verifying Information. You are encouraged to independently request and review such Client Verifying Information prior to relying on it. You are solely responsible for your use of or reliance on any Client Verifying Information.

While we take commercially reasonable measures to screen account access to potential Clients, including, without limitation, requesting and obtaining Client Verifying Information, you acknowledge that such measures may not be exhaustive or reveal all details of a Client’s past or unlawful conduct. You are responsible for vetting and conducting your own due diligence on any Client you accept a booking with through the Service. You agree that the entire risk arising out of your engagement by a Client and rendering of Care Services remains solely with you, to the maximum extent permitted under applicable law.  Finding HomeCare LLC does not guarantee the quality, suitability and/or reputation of the Clients. We are not responsible for nor do we have control over the work environment, quality of work, employees, contractors, patients and overall working conditions at a Client’s home.

For the purpose of monitoring and providing quality assurance for the Service, Finding HomeCare LLC may, but is under no obligation to, make follow-up visits or calls to a Client’s home.

6. Caregiver User Representations and Responsibilities

If you are a Caregiver User, you hereby represent and warrant that you:

1. possess, have and maintain all appropriate, up-to-date, valid and required licenses, credentials, approvals and authorizations (including, without limitation, if and as applicable, current registration with the applicable provincial licensing authority, diplomas and certificates, first aid and cardiopulmonary resuscitation (CPR) cards, etc.) to work and render the specific Care Services each Caregiver offers in each individual state and/or in which you apply to provide or are providing Caregiving Services shall provide Caregiving Services in accordance with all applicable laws;
2. have obtained and continue to obtain all of your government and Client required immunizations, including, without limitation, the immunization for TB;
3. will not (i) engage in reckless behavior while providing Caregiving Services, (ii) provide Caregiving Services while under the influence of alcohol or drugs, and/or (iii) take action that harms or threatens to harm the safety of anyone;
4. have never been convicted of and/or are not currently awaiting trial for any criminal offense, including but not limited to, an offense related to child pornography, sexual interference, theft, or any other offense that involves endangering the safety of others; and
5. you are not, and have never been, a registered sex offender in any jurisdiction

Following a Care Plan and Documentation (optional and more common with long term care)

Just as every employee is different, every home care job or caregiving situation is also special. Some care recipients have memory issues, while others have physical challenges or both. The caregiver you hire has to be able to adapt to these and respond appropriately, follow instructions, and monitor changes. A good care plan, usually crafted by the loved one’s physician or the agency’s nurse, provides a comprehensive guide to the caregiver’s duties, including special instructions such as diet, medical issues, exercise, medication, and issues that are specific to your loved one’s conditions.

Documentation can be as simple as a small notebook, or more elaborate such as an agency-provided form for daily activities. Documentation should point out significant changes in the care recipient’s condition, unusual occurrences, and issues to bring up with family or supervisors. Good documentation and follow-up phone calls give agency or medical personnel a clearer picture of the care recipient’s updated condition and how their activities of daily living (ADLs) are progressing.

You agree to provide us or the client with all the information requested in connection with your Credentials, including, but not limited to, your criminal record, current vulnerable sector police checks, up-to-date immunization records, current driver’s license, criminal background check documentation, and any further necessary authorization to facilitate access to such records. You represent and warrant that all information you provide to Finding HomeCare LLC or the client of the Service, whether at the time you establish your Account or thereafter, is true, accurate and not misleading. You consent and permit client(s) to obtain criminal background checks, background screening surveys, and other searches and verification checks via third-party providers. The user as client and or family agrees that a more thorough background check shall be optional for completion at the beginning of the application process or at the end of the application process, or in accordance with the family request.  The background check verification liability for hired caregivers shall be at the discretion of the client and or family. Finding HomeCare LLC has provided a generic background screening survey as a frontline preliminary safeguard only.  All fees associated with such background checks and other searches shall be your sole responsibility. The results of the background checks, other searches and/or any other information and documentation we obtain about or from you may impact whether or not you are eligible to use the Service and whether we accept your Account application and we retain the right, in our sole discretion, to accept, refuse and/or remove you from the Service based on such results. As well, without further notice to you, the results of such background checks, other searches and/or any other information and documentation we obtain about or from you may either be (a) displayed on the Service for other users of the Service to see; and/or (b) sent to a Client upon their request.

7. Further Agreements

You agree that you will not (a) make any misrepresentation regarding Finding HomeCare LLC, any User or Client, the Service or your status as a User; (b) engage in any activity in a manner that is inconsistent with your obligations under the Terms; and/or (c) engage in any fraudulent activity with Finding HomeCare LLC, a User or a Client or in connection with your provision of the Caregiving Services. You are responsible for following all local laws and regulations.  

Under no circumstances shall you hold yourself out as or be considered an agent, employee, joint venture, or partner of Finding HomeCare LLC. Unless with our express permission, you have no authority to and will not exercise or hold yourself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of us. You are free to provide (a) Caregiving Services to multiple Clients, as booked through the Service, subject to the Terms; and/or (b) services to other health care facilities who have not contacted you through the Service. Nothing herein is intended to or shall be construed as creating any exclusive agreement with a Client or Finding HomeCare LLC. These Terms shall not restrict you from acquiring similar, equal or like services from other entities, sources or providers. You shall supply and use your own equipment necessary to effectively provide Caregiving Services.

You agree to pay all applicable federal and provincial taxes based on your provision of the Caregiving Services or in any way related to the Terms. You are responsible for reporting any and all income to the relevant authorities in your home (or any other applicable) jurisdiction. You agree that neither we nor the Released Parties (as defined below) shall have any liability or responsibility for the withholding, collection or payment of any taxes, employment insurance premiums, pension plan contributions, workman’s compensation insurance, or benefits or any other deductions or withholdings, if and as applicable, on any amounts paid to you through the Service. You agree to indemnify us and the Released Parties from any and all claims, penalties, fees or other liabilities in respect of your failure to withhold and/or remit any applicable taxes, employment insurance premiums, pension plan contributions, benefits or similar deductions or withholdings.

8. Fees and Tracking of Hours Worked for Healthcare Users

The Service provides negotiable hourly rates for each Caregiver User (the “Rates”). The Rates are determined by the Caregiver based on the kind of Caregiving Services being provided and the associated industry standard rates. The Rates may change (increase or decrease) at any time at the Caregiver discretion. Upon accepting a booking through the Service, you expressly acknowledge that you accept the Rates associated with such booking. The Rates are then applied to the hours worked by you on each booking (the “Fees”). 

9. Ownership, Copyright and Trademarks

In these Terms the content on the Service, whether made available to you or provided by you, including, without limitation, all User Content (as defined below), information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

Content provided by users of the Service is called “User Content”. User Content is the property of its respective owners (e.g. the user of the Service that inputted it). User Content on the Service may include posted information, images, reviews, communication between users of the Service, Verifying Information, Client Verifying Information and other data uploaded by a user to the Service.

Finding HomeCare LLC’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 12 of these Terms.

Other than User Content, the Service and any other software used to create and operate the Service is the property of Finding HomeCare LLC or its licensors, and is protected by California, copyright laws, and all rights to the Service, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content posted or stored on the Service, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Service. 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 any user of the Service on or off the Service. User Content submitted to any public area of the Service will be considered non-confidential.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify us at info@findinghomecare.net. 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.

We respect the intellectual property rights of others.  If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).  A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.  Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6)  a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

10. License to Use the Service, License Restrictions and Restricted Activities

Finding HomeCare LLC grants to you a revocable, non-exclusive, non-sub licensable license to use the Service, access the Service and to view the Content (the “License”).

Other than as expressly permitted in the Terms, the Service, the Content and the License are subject to the following restrictions and Account terms:

1. The Service and your Account is for your use only. You may not resell, lease or provide it in any other way to anyone else, except as permitted through the Service.
2. You may not make or distribute copies of the Service.
3. You may not alter, merge or translate the Service, or decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form.
4. You may not modify, reproduce or create derivative works based on the Service and/or the Content.
5. You may not use the Service for any application deployment or ultimate production purpose.
6. You may not use the Service to develop any application, offering or service having the same or similar primary function as the Service.
7. You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
8. You may not otherwise use the Service or the Content other than for its intended purpose.
9. You may not (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person or entity; and/or carry any weapons.
10. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the License granted in this Section, the Terms and your Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
11. Unless explicitly stated herein, nothing in the Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License in this Section is revocable by Finding HomeCare LLC at any time.
12. Your use of the Service and the Content must not infringe or violate the rights of any other party, breach any contract or legal duty you have to any other parties or violate any applicable law (including, without limitation, any patent, trademark, trade secret, copyright or other intellectual or proprietary rights).
13. You may not act or provide in any manner and/or post, upload to, transmit, distribute, store, create or otherwise publish through the Service any message, data, information, text, music, sound, photos, graphics, code or other material, that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of Finding HomeCare LLC.
14. You may not (i) index, scrape “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Service; (ii) link directly or indirectly to any other websites, applications or services.
15. You may not transfer or sell your Account, password and/or identification to any other party.
16. You must comply with and abide by the User Content Guidelines (as defined below).

   11. Your Limited License of Your User Content to FindingHomeCare.net

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate and provide the Service, now and in the future. For example, if a Client makes a Posting, we need a license to display that User Content on the Service, and we need the right to sublicense that User Content to other users of the Service so that they can view that User Content.

Therefore, by posting or distributing User Content to or through the Service, you (a) grant Finding HomeCare LLC and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, and otherwise use any and all User Content for any purpose and in the manner in and for the purposes which the Service from time to time use such User Content; and (b) represent and warrant that (i) you own and control all of the rights in and to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Service; and (ii) the use and posting or other transmission of such User Content does not violate the Terms (including the restrictions described Section 12).

If your User Content is intended for the use of other users of the Service, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such users for their use in connection with their use of the Service, as described in this Section.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Service. And they are transferable because we need the right to transfer these licenses to any successor operator of the Service. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Service does this to your User Content when it processes it for use in the Service.

12. User Content Guidelines

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following (“User Content Guidelines”):

1. content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
2. content that is intended to advertise the services of another person or entity;
3. private information of any third-party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third-party has expressly consented to such use;
4. viruses, corrupted data or other harmful, disruptive or destructive files; and/or
5. content that is unrelated to the Service.

Reviews posted on the Service must comply with the following:

1. users of the Service who wish to post a review of a User or a Client must have an Account;
2. reviews must be helpful and reasonable and must only accurately describe the true experience that the user of the Service had with such other user of the Service in a prior booking (i.e. no hearsay);
3. reviews must be legal and must not infringe the rights of any party;
4. reviews must comply with the User Content Guidelines (as outlined and defined below);
5. reviews must not be written by or be about minors (under the age of 18); and
6. reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).

Reviews on the Service are the sole, subjective opinion of the users of the Service who post them. Finding HomeCare LLC does not endorse any of the reviews posted on the Service and reserves the right to review and/or delete a review for any reason, including, but not limited to, a contravention of this Section. If you believe that the review was written in a manner that contravenes the Terms, you may request a removal of such review through the Service or by emailing info@findinghomecare.net.

Any use of the Service or portions of the Service in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Service.

13. Security of the Service

To ensure reliability and to protect the Service, Content and User Content, we use a variety of industry standard tools. 

However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Service, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.

14. Third-Party Software and/or Open Source Software; Third-Party Service Providers; Third-Party Partners; Independent Contractors and Linked Sites

The Service may contain and/or may connect to third-party software and/or open source software, which may be subject to third-party licenses and require notices and/or additional terms and conditions (“Third-Party Licenses”). These Third-Party Licenses are made a part of and incorporated into the Terms. By accepting the Terms, you are also accepting the Third-Party Licenses, if any. You agree that nothing in the Third-Party Licenses shall, in any way, alter the Terms or your obligations hereunder. To view Third Party Licenses, please contact info@findinghomecare.net.

In the course of using your Account with us or using the 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 the Terms or your obligations hereunder.

Finding HomeCare LLC may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms.  Our third-party partners may have access to your personal or business information in providing services to us, or providing you with access to the Service. We may use a variety of third-party service providers, employees and servers in locations both inside and outside of United States, which may make your personal or business information the subject of national laws and national legal proceedings.

Whether or not we are affiliated with websites or third-party vendors that may be linked to the 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 of the Service may provide links and references to material on other websites or applications not owned or operated by us. Links found on the 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.

15. Warranty and Disclaimer

EVERYTHING ON THE SERVICE AND PROVIDED AS PART OF THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM Finding HomeCare LLC OF ANY KIND, EXPRESS OR IMPLIED. Finding HomeCare LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Finding HomeCare LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CLIENT VERIFYING INFORMATION, VERIFYING INFORMATION, USER CONTENT OR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICE, CLIENT VERIFYING INFORMATION, VERIFYING INFORMATION, USER CONTENT AND/OR THE CONTENT OR ANY PORTION THEREOF.

WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE. THERE ARE POTENTIAL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, WHEN YOU DEAL WITH SOMEONE (PERSON ON ENTITY) YOU CONNECT WITH THROUGH THE SERVICE. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PERSONS AND/OR ENTITIES WITH WHOM YOU MEET, CONTRACT WITH OR COME IN CONTACT THROUGH THE SERVICE. WE PROVIDE NO ASSURANCES, GUARANTEES OR REPRESENTATIONS (EXPRESS OR IMPLIED) REGARDING THE QUALITY, REPUTATION, LEGALITY, INTEGRITY, RESPONSIBILITY OR ACTIONS OF ANY CLIENTS, WHETHER IN PUBLIC, PRIVATE, ONLINE OR OFFLINE INTERACTIONS. EVEN IF LISTED ON THE SERVICE, AND EVEN IF A USER HAS RECEIVED FAVORABLE REVIEWS ON THE SERVICE, WE DO NOT ENDORSE, REFER OR RECOMMEND ANY CLIENTS. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. Limitation of our Liability

YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST Finding HomeCare LLC, ITS AFFILIATES OR SUBSIDIARIES, THEIR CONTRACTORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF THE SERVICE, CLIENT VERIFYING INFORMATION, VERIFYING INFORMATION OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT OR CLIENT VERIFYING INFORMATION, VERIFYING INFORMATION OR ALLEGATIONS THAT Finding HomeCare LLC AND/OR ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Finding HomeCare LLC OR ANY OTHER RELEASED PARTY BE LIABLE, HOW SO EVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, CLIENT VERIFYING INFORMATION, VERIFYING INFORMATION OR THE CONTENT, INCLUDING WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE SERVICE, CLIENT VERIFYING INFORMATION OR OTHER INFORMATION OBTAINED FROM OR BY Finding HomeCare LLC OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SERVICE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF USER CONTENT OR OTHER DATA, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Finding HomeCare LLC OR ANY CLIENT, USER, USER OF THE SERVICE OR OTHER RELEASED PARTY’S RECORDS, PROGRAMS OR SERVICES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

Finding HomeCare LLC SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, OR ALLEGATION THAT RESULTS FROM YOUR PARTICIPATION IN OR USE OF THE SERVICE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Finding HomeCare LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY AND/OR FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE TERMS, EXCEED $100. 

TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE GENERALITY OF THIS SECTION, OR ANY OTHER SECTION LIMITING OUR LIABILITY, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENT ACTS OR OMISSIONS, OF OUR INDEPENDENT CONTRACTORS, THIRD-PARTY PARTNERS, EMPLOYEES, CLIENTS AND/OR ANY OTHER THIRD-PARTY SERVICE PROVIDERS.

IF YOU ARE DISSATISFIED WITH THE SERVICE, OR DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANY OTHER RELEASED PARTY, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.

17. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Content; (2) use of the Website and Services;  (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. Waiver of Class Proceedings and Trial By Jury and Disclosure Of Information Pursuant To Court Order, Subpoena Or Other Legal Process

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us and/or a Released Party. 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 the Terms.

We reserve the right to provide your User Content, Registration Data, Verifying Information and other user information (including but not limited to your personal and/or business information) uploaded or collected by the 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 User Content, Registration Data, Verifying Information or personal and/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.

19. Termination/Modification of License and Site Offerings

Notwithstanding any provision of the Terms, we reserve the right, without notice or liability to you, in our sole discretion and without cause or justification, to (a) terminate your license to use the Service, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Service or the Content; (c) change, suspend or discontinue any aspect of the Service or the Content; and/or (d) impose limits on the Service or the Content. The Service is not available to users who have had their Account temporarily or permanently deactivated.

As the Service continues to change, we may, at any time, in our sole discretion, revise the Terms by updating this page or the page hosting the relevant policy, rule, guideline, obligation and/or agreement. If any information or terms posted to the Service concerning fees, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms. The date of the last version of the Terms is posted above. We may notify you of any significant changes to the Terms by sending a notice to the email address registered on your Account or provided in your Registration Data, or by placing a notice on the Website or the Applications visible to you the next time you access the Website or the Applications. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website or the Applications. You are responsible for reviewing the amendments to the Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Service after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the Service and terminate your Account, subject to the terms and conditions provided for in the Terms.

   20. Communications and User Submissions

Subject to the Privacy Policy, you acknowledge that Finding HomeCare LLC is free to use, reproduce, modify, disclose, transmit or post any communications, whether verbal or in writing, including data, information, ideas, inventions, concepts, techniques, know-how evaluations, questions, comments, suggestions, or similar, you transmit to Finding HomeCare LLC (“User Submissions”), for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information, without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not share them with us through the Service or otherwise.

   21. Applicable Law and Venue

The Service is controlled by Finding HomeCare LLC and operated by it from its offices in Arizona. You and Finding HomeCare LLC both benefit from establishing a predictable legal environment in regard to the Service. Therefore the Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of California & Arizona,  (and any United States federal laws applicable therein) as it is applies to agreements entered into and to be performed entirely within such province and, to the extent permitted, without regard to any conflict of laws provisions. 

You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Arizona & California (and any United States federal laws applicable therein) (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to the Terms, all documents incorporated by reference and your relationship with us.

If you choose to access the Service from locations other than Arizona & California, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Finding HomeCare LLC and the other Released Parties for your failure to comply with any such laws.

   22. Termination of Terms

You and Finding HomeCare LLC may terminate these Terms and your use of the Service at any time. When you terminate these Terms, you must cease using the Service immediately. When your account is terminated, any User Content you have uploaded to the Service may remain on the Service. The license you grant to us in Section 13 therefore survives the termination of these Terms. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. If these Terms expire or terminate for any reason, any representations or warranties you make in the Terms shall remain binding and shall also survive indefinitely.

   23. Miscellaneous

If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Where a provision in the 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. Our failure to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision. 

The Terms shall ensure to the benefit of and are binding upon the parties and their respective successors and permitted assigns. You agree that we may assign any or all of our rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Finding HomeCare LLC, and any such attempted assignment will be void and unenforceable. 

Violation of the 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 the Terms. 

The Terms constitute the entire agreement between you and Finding HomeCare LLC regarding your use of the Service, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Finding HomeCare LLC regarding your use of the Service. 

The Terms shall not be modified except in writing, signed by you (or a duly authorized representative if you are an entity) and a duly authorized representative of Finding HomeCare LLC. The parties confirm that it is their wish that the Terms, as well as any other documents relating to the Terms, including notices, have been and shall be drawn up in the English language only. 

By using the Website or Services, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.