Terms and Conditions
Last Modified: 7/14/2022
You must be at least 18 years of age or older to use the Services. By creating an account or using the Services, you represent and warrant that you are 18 years of age or older and can enter into legally binding agreements under applicable law. If you do not meet these requirements, you must not access or use the Services. If you allow any minors under the age of 18 to access or use the Services, you shall be solely responsible for their uses of the Services, and you (or your legal parent or guardian, as applicable) shall indemnify us against any losses, claims or damages that may result.
2) ADDITIONAL POLICIES (IMPORTANT)
Terms of Sale: Our Terms of Sale explains the process and terms by which job-poster-users may purchase listing services from us, and how such transactions are conducted. All sale transactions, including the purchase of any products, services or other features, are subject to and governed by our Terms of Sale, which is incorporated into this document by this reference. By accessing, installing, or otherwise using the Services, you agree to be bound by the Terms of Sale, and consent to all actions taken by us relating to your purchases in compliance with the Terms of Sale.
3) AGENCIES & CAREGIVER DISCLAIMERS
No Employment or Caregiver Services: WE DO NOT PROVIDE EMPLOYMENT OR PLACEMENT FOR ANY CAREGIVERS. WE ARE NOT CAREGIVERS AND DO NOT PROVIDE ANY CAREGIVER SERVICES. SAN DIEGO HOME CAREGIVERS, LLC (including the Website and Services) does not itself provide any jobs, employment, placement, training, instruction, background checks or screening, employment advice or professional consultations, of any kind. We are solely a software provider, and provide technology by which job-seeker-users may find job information and connect with job-poster-users seeking caregivers. Any products or services offered or available through the Services are NOT provided by us. Such products, services, jobs, employment or other placement, are only provided by the job-poster-user, job-seeker-user or other third party offering such products, services, jobs, employment or other placement.
No Endorsement of Users: We are not affiliated with and do not endorse any job-poster-users, whether they are companies, caregiver agencies, families, individuals, or any other kind of person or business, that use our Services. We are not affiliated with and do not endorse any job-seeker-users that use our Services. We do not warrant the accuracy, completeness or usefulness of any information or services provided by such job-poster-users, or any information provided by any job-seeker-users. Any services, employment or other working relationship conducted between a job-poster-user and job-seeker-user, is solely conducted between that job-poster-user and the job-seeker-user, and we have no involvement with such relationship in any way. We disclaim all liability and responsibility arising from any reliance placed on such information or services by you or any other users.
Job-Poster-Users: Any job-poster-user must be duly authorized to retain, provide or otherwise solicit the caregiver services being sought in their job listing, and must maintain at all times any licenses or permits necessary for retaining such services. By creating an account or using the Services as an job-poster-user, you represent and warrant that all information provided in your User Contributions is accurate, free from material defect, and does not contain any material errors or omissions. You also represent and warrant that you are duly authorized to retain, provide or otherwise solicit the services described in your job listings.
Job-Seeker-Users: Any job-seeker-user must have sufficient experience and qualifications to provide their caregiver services, must maintain at all times any license for such services as required by law, and be duly authorized to provide such services and information to job-poster-users through the Services. By creating an account, responding to or providing any information in connection with any job listing, you represent and warrant that you meeting the foregoing criteria.
Ongoing Compliance & Liability: If your authority or license (if any) becomes invalid for any reason after registering up for the Services, or responding to any job postings, you must immediately discontinue any and all uses of the Services, and any information or services provided to any other user. If you do not meet these requirements, you must not access or use the Services. If you use the Services as a job-poster-user or job-seeker-user and do not meet these requirements, you shall be solely responsible for your uses of the Services, and you shall indemnify us against any losses, claims or damages that may result.
4) CHANGES TO OUR POLICIES & SERVICES
Changes to Services: We reserve the right to withdraw or amend the Services, and any services, products or materials we provide or offer through the Services, in our sole discretion without notice. We may discontinue some or all of the Services, or any features, functionality or platforms, at any time. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. We may update content on the Services from time to time, but any of the content on the Services may be out of date at any given time, and we are under no obligation to update such content.
5) ACCESS TO SERVICES & ACCOUNT SECURITY
Availability: Services may be interrupted from time to time, for maintenance, repairs, upgrades, or network or equipment failures.
Access & Data Plan: You are responsible for obtaining all necessary devices, and data connections for using the Services, for making all arrangements necessary for you to have an Internet connection, and access to the Services, and for all fees, taxes, or carrier data plans associated with your use of the Services. We do not provide any such services or devices.
No Access to Emergency Services: The Services do not provide connection or access to any emergency service providers, such as fire departments, police departments, hospitals, or other public safety entities. If you are experiencing any type of emergency, please contact your local fire department, police department, hospital or other public safety entities directly.
Registration & Contact Information: Users agree to only create and maintain one (1) user account for their use of the Services. It is a condition for job-poster-users to use the Services that all registration information provided is correct, current and complete. For purposes of registration and using the Services, you must provide an accurate and up-to-date name, email address, financial information for sending or receiving transaction funds, phone number, country and age. You further agree to provide us with any further documents we may request from time-to-time to verify your identity or as necessary to complete a purchase or sale.
Account Security: If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You are responsible for any activity that occurs under your screen name. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Third-Party Access: If any other person accesses the Services through your Internet connection, you are responsible for ensuring that all such persons are aware of these Terms and comply with them.
6) AUTHORIZED & PROHIBITED USES
Authorized & Non-Commercial Uses: Job-poster-users agree to use the Services only for the purpose of posting legitimate job listings seeking caregivers. Job-seeker-users agree to use the Services only for purposes of searching and responding to job listings for caregivers. You may use the Services only for lawful, authorized, and acceptable purposes, and in accordance with these Terms. Posting or responding to job listings on the Website with knowingly false or fraudulent information is strictly prohibited. These Terms permit you to use the Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or materials available through the Services.
Unauthorized & Prohibited Uses: You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export or trade of data or software to and from the US or other countries).
- In any way that violates, misappropriates, or infringes the rights of the Company, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set forth in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "bulk messaging," "auto-messaging," "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company, or users of the Services, or expose them to liability.
- In any manner that is fraudulent or illegal, or that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Harm to Software: Additionally, you agree not to:
- Use any device, software or routine, or otherwise use the Services in any manner, that could disable, overburden, damage, interfere, impair or disrupt any part of the Services, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Use any robot, spider or other automatic device, process or means to access, retrieve, crawl, scrape, or otherwise index, any portion of the Services for any purpose, including but not limited to posted items, user profiles, names, addresses or photos.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Collect the information of or about our users in any impermissible, unauthorized or prohibited manner.
- Implement or introduce any viruses, trojan horses, worms, logic bombs, denial-of-service attacks, distributed denial-of-service attacks, or other material that is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Services in any way.
7) INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
Intellectual Property Ownership: The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, documents, images, illustrations, photographs, graphics, domains, logos, slogans, video, audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other respective providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws ("Intellectual Property"). You may not use any such Intellectual Property without our express authorization, and in accordance with these Terms.
Trademarks: The Company name CAREGIVER JOBS SAN DIEGO, and all related names, logos, product and service names, designs and slogans (“trademarks”) are trademarks of the Company. You must not use such trademarks without the prior written permission of the Company. All other trademarks appearing on the Services are the trademarks of their respective owners.
License: We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services in accordance with these Terms. This license is for the sole purpose of allowing you to access or use the Services as authorized, and no other rights or licenses are granted by implication or otherwise.
Prohibited Uses: You must not reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, alter, publicly display or perform, republish, download, store, extract, sell, resell, rent or transmit any Intellectual Property, or other material on the Services. You must not delete or alter any copyright, trademark or other proprietary rights notices on the Services.
Infringement: If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Services or any content on the Services is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
8) USER CONTRIBUTIONS
Contributions: The Services may contain personal web pages or profiles, job listings, chat messaging threads, other internal messaging systems, forums, bulletin boards, or other interactive features ("Interactive Services") that allow users to post, submit, publish, display or transmit to other users or persons ("post") content or materials (collectively "User Contributions") on or through the Services. You are responsible for any User Contributions, and any other data, text, code, information, screen names, graphics, photos, profiles, audio, video, and links that you submit, post or display on the Services.
License: Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant the Company and its licensees, successors and assigns a worldwide, non-exclusive, fully paid, royalty-free, sub-licensable and transferable, license to use, reproduce, modify, perform, display, create derivative works of, distribute, and otherwise disclose to third parties any such material.
Compliance: We do not claim ownership for any User Contributions. However, all User Contributions must comply with the User Content Standards set out in these Terms.
Representations & Warranties: You represent and warrant that all of your User Contributions do and will comply with these Terms, and that you own or control all rights to the User Contributions and have the right to grant the license above.
Responsibility: You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
9) USER CONTENT STANDARDS
These user content standards apply to all User Contributions and use of Interactive Services. User Contributions in their entirety must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Post or promote sexually explicit, suggestive or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Impersonate any person, misrepresent your identity or affiliation with any person or entity, give the false impression they emanate from or are endorsed by us or any other person or entity, or otherwise be likely to deceive any person in any way.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
10) RELIANCE ON INFORMATION POSTED
General Purposes: The information we present on or through the Services is for general informational purposes only, and any referenced resources may change from time to time. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other users, or anyone who may be informed of any of its contents.
No Liability for Third-Party Content: The Services may include content provided by third parties, including User Contributions, or materials provided by job-poster-users, other users, bloggers, licensors, advertisers, or payment processors. We are not responsible or liable to you, or any third party, for the content or accuracy of any content or materials provided by any third parties or for any products, services or employment provided by any third party. All statements and opinions expressed in such content are solely the opinions and responsibility of the person providing it. Such content does not necessarily reflect the opinions of the Company.
11) NOTICE & TAKEDOWN PROCEDURE FOR COPYRIGHT COMPLAINTS
DMCA: It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). The following instructions are intended to expedite the process of submitting notices of alleged infringement, while reducing the number of fraudulent or ambiguous notices we receive.
Notice & Takedown: It is expected that all Users of the Services will comply with applicable copyright laws. However, if we receive proper takedown notification of alleged copyright infringement, our response will be to remove or disable access to all such material. It is our policy to terminate the user accounts of repeat infringers. If we remove or disable any such access in response to a notice, we will make a good-faith effort to contact the account owner so they may make a counter notification.
Reporting Infringement: If you believe that any User Contributions violate your copyright, trademark or other intellectual property, please follow the instructions below for sending us a notice of infringement. Please note, you may be liable for damages (including costs and attorneys’ fees) for materially misrepresenting that material is infringing your intellectual property. If you are unsure whether online material constitutes infringement, we suggest you first contact an attorney.
Infringement Notification: If you believe any User Contribution constitutes infringement of your copyrighted work, or other violation of your intellectual property rights, please provide the following information in a written communication:
- Identification of the copyright work or works claimed to be infringed.
- Identification of the material claimed to be infringing, and that should be removed, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, phone number and email address.
- The following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner, or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or person authorized to act on the owner's behalf.
Designated Agent: All notices of copyright infringement claims should be sent by email to our designated agent at email@example.com, and should include the email subject line of "NOTICE OF COPYRIGHT INFRINGEMENT."
12) ENFORCEMENT & TERMINATION
Enforcement: We have the right to:
- Refuse service to anyone for any reason at any time.
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Content Standards, infringes any Intellectual Property right or other right of any person or entity, is unlawful, threatening, defamatory, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
- Reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
- Terminate, suspend or modify your access to or use of all or part of the Services at any time for any reason, including for any violation of these Terms, creating a risk of harm to the Company or its users.
No Liability: We do not have an obligation to monitor or review any User Contribution before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, User Contribution, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Law Enforcement: Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, AS A RESULT OF, OR CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR OTHER LAW ENFORCEMENT AUTHORITIES.
Content Storage: Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. We encourage you to maintain your own backup of your User Contributions and personal information. We will not be liable for any modification, suspension, discontinuation, or loss of any user information or content.
13) INTEGRATION WITH THIRD PARTY SERVICES & POLICIES
Third-Party Links: If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in job-poster-user biographies, job listings, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14) LINKING TO THE SERVICES & SOCIAL MEDIA FEATURES
Linking: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Further, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the User Content Standards set out in these Terms.
Social Media: The Services may provide certain social media features that enable you to link to content on the Services, send communications with content or links through the Services, or display limited portions of content on other sites. You may use these features solely as provided, with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Removal: You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, and may disable all or any social media features and any links at any time without notice in our discretion.
15) DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES, ITS CONTENT AND ANY MATERIALS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR CONTROLLING AND DO NOT CONTROL HOW USERS USE OUR SERVICES, OR THE ACTIONS, INFORMATION OR USER CONTRIBUTIONS OF USERS OR OTHER THIRD PARTIES. YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING ATTORNEYS’ FEES) YOU MAY HAVE THAT ARISE OUT OF OR RELATE TO SUCH USERS OR THIRD PARTIES. BY THIS RELEASE, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR APPLICABLE LAW OF ANY OTHER JURISDICTION, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL, DUE TO YOUR USE OF THE SERVICES, ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
16) LIMITATION ON LIABILITY
THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT A CLAIMANT HAS PAID TO COMPANY FOR THE APPLICABLE SERVICES OR PURCHASES DURING THE IMMEDIATELY PRECEDING SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to: (a) the violation of these Terms (or any policy referenced herein) by you or anyone using your account; (b) your use or misuse of, or access to the Services, including, but not limited to, your User Contributions, and your use of any information obtained from the Services; (c) your interaction with any job-poster-users, job-seeker-users, or other users of any kind; (d) any sales or purchases made through the Services; (e) any jobs, employment or other work offered, provided, accepted or undertaken on or through the Services; and (f) any other uses other than as expressly authorized in these Terms.
18) GOVERNING LAW & JURISDICTION
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the State of California, County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19) GEOGRAPHIC RESTRICTIONS
The owner of the Services is based in the state of California in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Our services are not intended for use in any country where such use would violate local law or would subject the Company to the laws or regulations of another country. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit our Services in any country.
You agree to not download or use the Services if you are located in a restricted country, if you are listed on any US or non-US restricted-parties list, or for any reason prohibited by export and trade laws, and you agree not to disguise your location through IP proxy or other methods. You agree to not, directly or indirectly, export, provide or otherwise transfer our Services to any individual, entity prohibited by export and trade laws, to anyone on US or non-US government restricted parties’ lists, or for any purposes prohibited by export and trade laws, including nuclear, chemical or biological weapons, or missile technologies without the required government authorizations.
20) DISPUTE RESOLUTION
Arbitration: For any dispute between you and the Company, arising from the use of these Terms or the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration in the State of California, County of San Diego, under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services. ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.
No Class Actions: You agree that you may only bring disputes against the Company on your own behalf, and not on behalf of any other person or entity, or any class of people. You agree not to participate in any class action, class arbitration, or consolidated disputes. In any dispute, neither you nor the Company will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
21) GENERAL TERMS
Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Transferability: The Company may freely assign any of its rights and obligations under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights or obligations under these Terms without prior written consent from the Company.
Language: Our Terms are written in English. Any translated version (if any) is provided for your convenience. If any translated version of our Terms conflict with the English version, the English version shall control.
Entire Agreement: The Terms, and all other policies incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If any future Terms are agreed to, such future Terms shall govern.
We may provide any notice to you under these Terms by: (a) sending a message to the email address you provide during registration; or (b) by posting to the Services. Such notices will be effective when the email is sent, or when posted. It is your responsibility to check the Website from time to time, and keep your email address current, so you can stay updated on changes.
To give us notice under these Terms, you must send written notice by personal delivery, overnight courier, or registered or certified mail, to: 3443 Camino Del Rio S, #202, San Diego, CA 92108. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
23) YOUR QUESTIONS & COMMENTS
We always welcome any feedback you may have about CAREGIVER JOBS SAN DIEGO, or our services. All feedback, comments, requests for technical support and other communications relating to the Terms or Services should be directed to: firstname.lastname@example.org.
These Services are operated by San Diego Home Caregivers, LLC, a California limited liability company.