Home Care Matched

Terms of Use

Welcome to Homecarematched.com, the service for individual families or persons in need of assistance with day to day living skills (hereinafter referred to as Family) and caregivers/care providers/ aide/ or any other terminology used to describe someone caring for another person in the home (hereinafter referred to as Caregiver) to meet online; operated by Nova Enterprises LLC., in the case of users originating from within the United States, and Nova Enterprises Global Services Limited, in the case of users originating from outside of the United States (each the "Company" or "Homecarematched.com").

By accessing the Homecarematched.com website, including through a mobile application, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of Homecarematched.com. If you wish to become a member and make use of the Homecarematched.com service (the "Service"), please read these Terms of Use. The term "Website" is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application.

You should also read the Homecarematched.com Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Homecarematched.com Privacy Policy, do not use the Website or the Service. Please contact us with any questions regarding this Agreement.

The following Terms of Use outline your obligations when using the Homecarematched.com websites, mobile applications, and services.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU BECOME A HOMECAREMATCHED.COM USER AND PAY FOR MATCHES BY CREDIT OR DEBIT CARD YOUR CARD WILL ONLY BE USED WHEN AUTHORIZED. IF THE CARD USED IS REJECTED FOR WHATEVER REASON YOUR TRANSATION WILL BE TERMINATED UNTIL A WORKING CARD CAN BE PROVIDED. MULTIPLE REJECTIONS FOR AUTHORIZED TRANSACTIONS MAY SUSPEND YOUR ACTIVITY ON THIS SITE OR TERMINATE YOU USER STATUS.

If you have any questions or comments about this Terms of Use Agreement, you may contact Homecarematched.com by writing to us at: Homecarematched.com, Inc., Attn: Customer Service - Terms of Use;  3383 N Five Mile Rd, #283 Boise, ID 83713 Boise Idaho 83713

Acceptance of Terms

This Terms of Use Agreement (the "Agreement") is a legal agreement that governs our relationship with users and others that interact with Homecarematched.com, Inc. and our subsidiaries and affiliates ("Homecarematched.com," "we," or "us") in connection with the use of Homecarematched.com websites (including www.homecarematched.com) (the "Sites") and our Services (as defined below). Homecarematched.com currently makes services, products and features available through our Sites, applications, which include Mobile Software and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products and all products, services and features provided by Homecarematched.com in connection therewith shall be referred to collectively as, the "Services"). Homecarematched.com may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. Homecarematched.com also reserves the right to cease offering any of the Services. You agree that Homecarematched.com shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Homecarematched.com when you sign up to use, or use, such Services ("Additional Terms"). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Homecarematched.com for products, services or otherwise.

All visitors to or users of our Sites or Services, whether registered or not, are "users" of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a "Member".

This Agreement and any policy or guideline of the Services may be modified by Homecarematched.com in its sole discretion at any time, with or without notice. When we change the Agreement, we will update the “last revised” date at the top of this page. This site does not have subscriptions, creating a profile or entering in data to this site constitutes a “User/Member” (User). If you are a Member at the time of any change, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Sites or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

Subject to full compliance with these Terms of Use, Homecarematched.com grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of Homecarematched.com.  Homecarematched.com may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice.  Homecarematched.com shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Homecarematched.com. By way of example, and not as a limitation, you agree not to:

  • intentionally or unintentionally violate these Terms of Use, other applicable agreement with Homecarematched.com, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  • use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  • use the Sites and Services or its Content for any purposes not authorized by this Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  • reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Homecarematched.com, which consent may be withheld by Homecarematched.com in our sole discretion;
  • post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
  • harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Homecarematched.com, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
  • knowingly provide or submit false or misleading information;
  • use the Sites and Services if you are under the age of eighteen (18);
  • take any action that would undermine the review and rating process under the Sites and Services;
  • attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
  • use the Sites and Services in any way that could interfere with the rights of Homecarematched.com or the rights of other users of the Sites and Services;
  • attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Homecarematched.com by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
  • sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
  • transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
  • access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
  • probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Homecarematched.com, including any Homecarematched.com account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Homecarematched.com and provided for by the Sites and Services;

 

REGISTRATION INFORMATION

 

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Homecarematched.com with true, accurate, current and complete information as prompted by the Homecarematched.com's registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination.  Please contact us if you have questions about managing multiple accounts.

 

Submitting Content

Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Homecarematched.com through the Services or to other users (collectively referred to as "post"), including without limitation messages, data, text, photos, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are "User Content"). Homecarematched.com does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Homecarematched.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.

Homecarematched.com claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Homecarematched.com, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Homecarematched.com will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release Homecarematched.com and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.

  • Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
  • Prohibited Content. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Homecarematched.com policy governing your use of the Services ("Prohibited Content"). Prohibited Content includes without limitation User Content that:
    • is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
    • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • is intended to, or does, harass, or intimidate any other user or third party;
    • may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
    • contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
    • promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
    • violates someone's data privacy or data protection rights;
    • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
    • contains any advertising, fundraising or promotional content; or
    • is, in the sole judgment of Homecarematched.com, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes Homecarematched.com or its users to harm or liability of any type.
  •  Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to Homecarematched.com and our Services (collectively, "Submissions"). Submissions, whether posted to the Services or provided to Homecarematched.com by email or otherwise, are non-confidential and shall become the sole property of Homecarematched.com. Homecarematched.com shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. Homecarematched.com shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Social Networking Sites. When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a "Social Networking Site"), such as Facebook, Google+ or Twitter, you permit Homecarematched.com to access certain information about you that is made available to Homecarematched.com through or from that Social Networking Site. The information obtained by Homecarematched.com varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using our Services through a Social Networking Site, you are authorizing Homecarematched.com to collect, store, retain and use, in accordance with our Privacy Policy, any and all of your information that Homecarematched.com has obtained from the Social Networking Site, including to create a Homecarematched.com profile page and account for you. Depending on the Social Networking Site and your privacy settings, Homecarematched.com may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you "accept" or "allow" or "go to" (or other similar terms) our application on a Social Networking Site or the transfer of information to Homecarematched.com from such site. If there is information about your "friends" or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that Homecarematched.com is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about Homecarematched.com that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site

By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.

MOBILE SOFTWARE

Mobile Software. We may make available software to access the Services via a mobile or tablet device (“Mobile Software”). Mobile Software also includes any updates, upgrades or other new features, functionality, improvements or enhancements to the Mobile Software and any on-line, read me, help files, or other related explanatory materials relating to the Mobile Software. To use the Mobile Software, you must have a device that is compatible with the Mobile Software. Homecarematched.com does not warrant that the Mobile Software will be compatible with your device. Homecarematched.com hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Homecarematched.com account on one device owned or leased solely by you, for your personal use only. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; (v) delete the copyright and other proprietary rights notices on the Mobile Software; (vi) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Mobile Software; (vii) use the Mobile Software on any device that you do not own or control; or (viii) distribute or make the Mobile Software available over a network where it could be used by multiple devices at the same time. You agree to use your best efforts to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure. You acknowledge that Homecarematched.com may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Homecarematched.com or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Homecarematched.com reserves all rights not expressly granted under this Agreement. Additional terms to those contained in this Section 16 may be contained in an End User License Agreement associated with any Mobile Software. Please see the applicable End User License Agreement for more information.

As a condition of submitting any Content:

  • you grant to Homecarematched.com a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Homecarematched.com all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
  • you grant to Homecarematched.com all rights to correspondence that you use through the Homecarematched.com site. As such you understand and agree that these correspondence will remain the sole property of Homecarematched.com. Copies of said correspondence can be provided to you upon written request and for a reasonable copy fee.
  • you grant to Homecarematched.com all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  • your name and report information may be made available to the public and to the Service Providers on which you report;
  • you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Homecarematched.com, and others as described and otherwise contemplated in these Terms of Use;
  • you are solely responsible for your reviews and ratings;
  • Homecarematched.com may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  • you will not submit any reviews that may be considered by Homecarematched.com to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  • all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual's actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
  • all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
  • you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
  • you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
  • you have not received any form of compensation to post reviews and ratings;
  • you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as "He/She is great." without additional commentary is not a thorough and thoughtful review);
  • you will not submit reviews that comment on other users or the reviews of other users;
  • you will not submit reviews with hyperlinks; or
  • the reviews and ratings that you provide do not reflect the views of Homecarematched.com, its officers, managers, owners, employees, agents, designees or other users.

 

ELECTRONIC RECORDS

Because the Services are provided electronically, you must consent to Homecarematched.com's providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Homecarematched.com may be required to provide to you.

Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by Homecarematched.com, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Homecarematched.com website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.

You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by Homecarematched.com are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that Homecarematched.com may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

 

 By accessing or using the Services, you represent and warrant that:

You must be at least 18 years old to use the Site or to register for the Services. By using the Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.

 

By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. HOMECAREMATCHED.COM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

 

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

 

        a.  You have not previously been suspended or removed from the Services;

b.  You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement;

c.  You are not a competitor of Homecarematched.com and are not using the Services for reasons that are in competition with Homecarematched.com or other than for its intended purpose;

      d. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a "Specially Designated National" or (iii) placed on the Commerce Department's Table of Deny Orders.

 e. The Service requires your completion of the Questionnaire. Occasionally, the system cannot identify high quality compatible matches for a given individual, in which case the Service cannot be provided. 

 

USE OF THE SERVICES

You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited.

 

  • User Account. You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your profile. You understand and agree that anyone may be able to view any information you choose to make publically available.
  • Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined below).

 

  • You agree:
  • (a) to immediately notify Homecarematched.com if you suspect any unauthorized use of your username or password or any other breach of security,
  • (b) to ensure that you exit from your account at the end of each session,
  • (c) not to use the account, profile, username or password of any other user or Member and
  • (d) to 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. You acknowledge that Homecarematched.com is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
  • Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
  • Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including in-home care services. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
  • YOU ACKNOWLEDGE THAT, CURRENTLY, HOMECAREMATCHED.COM DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. HOMECAREMATCHED.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT HOMECAREMATCHED.COM IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS.

 

  • Homecarematched.com does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that Homecarematched.com may create test profiles or accounts to monitor the operation of the Services.

 

 

HEALTH RELATED PROVIDERS

The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.

 

If you think you may have a medical emergency, call your doctor or 911 immediately. Homecarematched.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Homecarematched.com is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Homecarematched.com, its employees and others appearing on the Sites and Services at the invitation of Homecarematched.com, or other visitors to the Sites and Services is solely at your own risk.

 

You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual's health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Homecarematched.com is not liable for any such Content. Homecarematched.com cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others. Once you have entered your personal health related information, you are providing Homecarematched.com authorization to retain and use such information in accordance with HIPPA rules and regulations. For details of this regulation you can go to:

www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html

 

DISCLAIMERS

HOMECAREMATCHED.COM PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

HOMECAREMATCHED.COM DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOMECAREMATCHED.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

HOMECAREMATCHED.COM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, HOMECAREMATCHED.COM DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

HOMECAREMATCHED.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HOMECAREMATCHED.COM. UNDER NO CIRCUMSTANCES WILL HOMECAREMATCHED.COM BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

  • LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOMECAREMATCHED.COM, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, 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 RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HOMECAREMATCHED.COM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, 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 HOMECAREMATCHED.COM'S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL HOMECAREMATCHED.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMECAREMATCHED.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

  • GOVERNING LAW AND ARBITRATION; WAIVER; INDEMNIFICATION

Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises.

  • Governing Law. This Agreement shall be governed by the internal substantive laws of the State of Idaho. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim or dispute you may have against Homecarematched.com must be resolved in a federal or state court located in Ada County, Idaho, USA or as described in the Arbitration provision below. Both you and Homecarematched.com retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm. You agree that Ada County, Idaho, USA is the proper forum for any appeals of an arbitration award or in the event that the Arbitration provision below is for any reason held to be unenforceable.
  •  READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HOMECAREMATCHED.COM. For any dispute with Homecarematched.com, you agree to first contact us within 30 days of when the dispute arises at legal@homecarematched.com and attempt to resolve the dispute with us informally. In the unlikely event that Homecarematched.com has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief described in Section 20(a)) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional Expedited Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by JAMS if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in Ada County, Idaho, USA (or the nearest office to Ada County), unless you request a hearing in your hometown area or you and Homecarematched.com agree otherwise. The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the parties. You will be responsible for paying any JAMS filing fees in accordance with JAMS rules. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.

If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Homecarematched.com submit to the arbitrator and, if requested by either party or the arbitrator, a telephonic hearing.

  • CLASS ACTION AND JURY TRIAL WAIVER. YOU AND HOMECAREMATCHED.COM AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HOMECAREMATCHED.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
  •  You agree to defend, indemnify and hold Homecarematched.com, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney's fees, due to or arising from (i) your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code or (viii) your violation of any applicable laws, rules or regulations.
  •  If any clause within this Section 20 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
  •  Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
  • Termination by Homecarematched.com. Notwithstanding anything to the contrary in this Agreement, Homecarematched.com may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to Homecarematched.com by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your use of this site will immediately be due and payable. All decisions as to the refundability of the fees are in Homecarematched.com's sole discretion. Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to this Agreement.
  • Termination by You. In addition to any right to cancel your use pursuant these terms and conditions, you may deactivate or terminate your account at any time, for any or no reason, by accessing the "settings" page of your account or by contacting us as described above. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to Homecarematched.com and all outstanding or pending payments under the terms of your use will immediately be due and payable.
  •  After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Homecarematched.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. You agree that this Agreement, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and Homecarematched.com regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement. If any provision, or any portion thereof, of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. The failure of Homecarematched.com to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any entities that Homecarematched.com owns a 50% or greater interest in, or as otherwise set forth herein, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement. Homecarematched.com, Inc. is a corporation organized under the laws of the State of Delaware, USA (file number 4328757).

  • LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where Homecarematched.com has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Homecarematched.com. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.