Terms of Use - Last Updated March 7, 2024

Terms of use are for Best Solutions Company doing business as eCaregivers.com & eCaregiversRecruitment.com and are hereinafter referred to as “eCaregivers”.

General Provisions

These Terms of Use (the “Terms'' or “Agreement”) set forth the terms under which individuals or businesses residing in the United States may use the eCaregivers website and/or the eCaregivers services (described below). All Terms and Conditions apply to all Users and User types while certain eCaregivers terms may be applicable to different User types based on how they engage and use the site; those are set forth in the section “User Type Specific Terms of Use, Representations and Liabilities'' respectively, all terms apply to all user types. terms

Website Accessibility for All: eCaregivers is proud to serve a diverse community. If any User is unable to navigate the website due to a disability or other reason, the User may call, email, postage mail or find any method to contact us at eCaregivers and request a Care support person help the User navigate the site so they have equal access and site usability. As such, all Users agree to read all the Terms and Conditions.

As a site User you agree and affirm the following:

• All Terms apply to All User Types
  
  
• You agree to read these Terms and Conditions to include any applicable User Type Specific Terms before using the Site or the Services.
  
  
• By registering for the Site or using the Services by clicking “Accept” all Terms and Conditions, you hereby represent, warrant, understand, agree, affirm and acknowledge and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a User of the Site or Services or just visit the site (“hereinafter User or registered User or paid subscriber” all have the same meaning).
  
  
• These Terms include the eCaregivers.com Privacy Policy. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms do not use the Site or the Services.
  
  
• User Agrees to read the arbitration terms and OPT OUT Option of Arbitration terms.
  
  
• User agree to fully read the eCaregivers.com Frequently Asked Questions (“FAQ’s”), if available, as part of this site agreement.
  
  
• Registered Users affirm and agree that these Terms and Conditions apply regardless of how such User learned about the eCaregivers platform to include but not limited to: word of mouth, Employee Assistance Programs, Employer provided benefits, advertising of any and all types,across all mediums of delivery,or any other information received.
  

For purposes of these Terms, the “Site” shall mean www.eCaregivers.com and any other eCaregivers branded websites including but not limited to: eCaregivers.com and eCaregiversRecruitment.com; web pages, mobile applications and mobile websites operated by eCaregivers (“eCaregivers” or “we”) in the United States, and the “Services” shall mean any of the various services that eCaregivers.com provides through the Site or any other provisioning channels or sites to include but not limited to: text, chat, email, video, twitter, other mediums of communication and telephony.br />

eCAREGIVERS IS AN ONLINE PLATFORM WHERE CARE SEEKERS / CARE BUSINESSES AND CARE PROVIDERS CAN FIND & ENGAGE EACH OTHER ON A DIRECT BASIS AS DETERMINED BY THE PARTIES THEMSELVES.

• eCAREGIVERS IS NOT A HOME HEALTH AGENCY, COMPANION CARE AGENCY, HOME CARE REGISTRY, PERSONNEL PLACEMENT FIRM, TEMPORARY STAFFING AGENCY, OR ANY OTHER KIND OF AGENCY OR REGISTRY.
  
  
• eCAREGIVERS DOES NOT PROVIDE ANY NON-MEDICAL, MEDICAL, DIAGNOSTIC, ASSESSMENT, TREATMENT OR CLINICAL SERVICES, ENGAGE IN ANY CONDUCT THAT REQUIRES OR DOES NOT REQUIRE A PROFESSIONAL LICENSE OR THAT CONSTITUTES THE PROVISION OF CARE SERVICES OR ANY OTHER TYPE OR FORM OF SERVICES OTHER THAN THE PLATFORM AS A CONDUIT OF SUCH, REGARDLESS OF WHERE, WHEN or HOW SUCH SERVICE PROVISIONING OCCURS.
  
  
• eCAREGIVERS DOES NOT EMPLOY CARE PROVIDERS. ANY RELATIONSHIP BETWEEN CARE SEEKERS / CARE BUSINESSES AND CARE PROVIDERS IS SOLELY DETERMINED BY THE PARTIES. EACH CARE SEEKER, CARE BUSINESS AND CARE PROVIDER ARE INDIVIDUALLY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE TAX, EMPLOYMENT, BUSINESS AND OTHER LAWS IN CONNECTION WITH ANY RELATIONSHIP THEY MAY ESTABLISH OR ENGAGE IN WITH EACH OTHER.
  

All information provided by Users, Care Seekers, Care Businesses and Care Providers is self-entered. All Registered Users warrant that all information provided through the eCaregivers’ Platform is true, accurate, current and complete, and agree to maintain and promptly update their information to keep it true, accurate, current and complete

• eCaregivers does not verify or guarantee the accuracy of the information provided by any site Visitor, Users, Care Seekers, Care Businesses, Care Providers or those that input to reviews, ratings or provide references. eCaregivers makes no representation as to whether the information provided by any User is complete, accurate, up-to-date or conclusive of the User or User’s suitability or willingness or ability to pay for any services provided by a Care Provider or Care Providers ability to deliver services.
  
  
• Care Providers are solely responsible for obtaining and maintaining any licenses or certificates that are required by law, regulation or governing authority to provide the Care Provider’s services. To the extent that an applicable law, regulation or notification from a recognized legal authority bars eCaregivers from including a listing from a Care Provider that has failed to maintain any required license or credential and/or take any other action with respect to a Care Provider, eCaregivers will comply with the law, regulation or upon notice from a legal or government body and remove and/or bar the Care Provider’s profile and listing from the Platform.
  
  
• Care Seekers and Care Businesses must independently verify a Care Provider’s eligibility to work in the US. by completing an I-9 Form if the Care Provider is hired as an employee who will be issued an IRS Form or W-2.
  
  
• eCaregivers may require at its sole discretion a Care Provider to provide an address, their social security number, date of birth and name for purposes of reasonably matching such information for Identification or Background check purposes but carries no warranty of completeness expressed or implied to any site User. Identification verifications, if completed, are completed through an API by vendor Trulioo: www.trulioo.com which can be contacted at: support@trulioo.com or +1 855 484 8800 or another similar site. Ultimately, eCaregivers itself does not verify Social Security Numbers,, Professional licenses Drivers Licenses or any other information included on the Platform by Care Seekers or Care Providers for background check purposes, however, such checks may be performed by Third Party sites provided on or engaged by eCaregivers to include but not limited to identity, criminal, social security, driver and professional licenses, as needed for various User site flows or as requirements of the site. By agreeing to these Terms, all Users agree to enter truthful and accurate information. Any misrepresentation or falsification of information is prohibited and will likely result in removal from the Platform and suspension of access and User privileges which 3 shall be with or without cause at the sole and exclusive right of eCaregivers.
  
  
• Care Seekers/ Care Businesses are solely responsible for all reviewing, screening, interviewing, scheduling, vetting and selecting of any Care Provider for themselves and/or for the person or business they represent. Care Seekers / Care Businesses and Care Providers are solely and personally responsible for determining whether to commence a relationship and the terms and conditions of such relationship.
  
  
• Unless otherwise required by law, statute, or governing body, or determined by the relationship agreed to by the Users verbally or in writing, Care Providers are solely responsible offering their services to the general public and required to provide any and all tools, supplies, equipment, transportation, setting of pay rate, hours of work, determining how work is performed and provisioning insurance(s) for themselves and anyone assisting in the provisioning of any services, and for all costs and expenses the Care Provider incurs in connection with providing care services to any Care Recipient, Care Seeker, or Care Business.
  
  
• eCaregivers is not responsible for any costs or expenses incurred by any Registered User incurred through engaging with another Registered User on or off the platform.
  
  
• eCaregivers personnel will not assist a Care Provider in any way in the promotion or performance of services for any Care Recipient, Care Seeker, or Care Business.
  
  
• eCaregivers is NOT responsible for any inappropriate images, behavior, gestures, etc. that may result from User’s communicating privately and/or directly or indirectly with each other on or off the Platform without time limitation.
  

INDEMNIFICATION:

• BY AGREEING TO THESE TERMS ALL USER’s , INCLUDING BUT NOT LIMITED TO: CARE SEEKERS, CARE BUSINESSES AND CARE PROVIDERS AGREE TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD eCAREGIVERS, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, AMBASSADORS OR SHAREHOLDERS (COLLECTIVELY “INDEMNIFIED PERSONS”), HARMLESS FROM ANY CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF the USE OF THE eCAREGIVERS' PLATFORM, INCLUDING BUT NOT LIMITED TO: (1) BREACH OF THESE TERMS; (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (3) ANY ALLEGATION THAT ANY MATERIALS SUBMITTED TO OR TRANSMITTED THROUGH eCAREGIVERS’ PLATFORM INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR PRIVACY RIGHTS OF ANY THIRD PARTY; AND/OR (4) ANY OTHER ACTIVITIES IN CONNECTION WITH THE PLATFORM TO INCLUDE ALL User ACTIVITY ON OR OFF THE PLATFORM. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.

Updates to Terms

These Terms, including the Privacy Policy, are subject to change by eCaregivers at any time. We will make an attempt to notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a reasonably visible notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you or place a notice on our web site as an update. You agree to check our Terms at least once every 30 days or less to stay current. Non-significant / non-material changes or clarifications will take effect immediately upon posting without notice of the updated Terms on our Site. You should periodically check www.eCaregivers.com/terms for updates. Terms are subject to change by eCaregivers at its sole discretion and at any time for any reason. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes.

Definitions; Overview of Services; Defining the Working Relationship

Definitions

• Visitor: Any person or entity that engages the Platform but has not joined and accepted these Terms. Visitors have limited access to and use of the eCaregivers’ Platform.
  
  
• Registered User also referred to as User: Any person or entity that joins eCaregivers by submitting the required information and agreeing to these Terms. Registered Users have full access to and use of the eCaregivers’ Platform For their Care Seeker or Care Provider designation.
  
  
• Care Services: Care services include, but are not limited to: companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy, and speech therapy.
  
  
• Care Provider: Any Registered User who is offering to provide care services including, but not limited to, companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy, and speech therapy.
  
  
• Premium Plan, 1099: A Care Provider working as an independent contractor through a business or as self employed. 1099 Care Providers are solely responsible offering their services to the general public and required to provide any and all tools, supplies, equipment, transportation, setting of pay rate, hours of work, determining how work is performed and provisioning insurance(s) for themselves and anyone assisting in the provisioning of any services, and for all costs and expenses the Care Provider incurs in connection with providing care services to any Care Recipient, or Care Seeker.
  
  
• Premium Plan, W2: A Care Provider working as an employee of the Care Seeker. As a W2 employee, Care Provider’s work, pay rate, and hours of work are directed by the Care Seeker (the employer). Care Providers are paid through payment processor HomeWork Solutions with appropriate deductions for taxes made.
  
  
• Care Seeker: Any Registered User, who subscribes to an eCaregivers plan, may use your account only to find caregivers for themselves, a relative, friend, client, or your grandchildren, related family or individuals for whom you are the legal guardian or representing other persons needing services to include but not limited to: companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy and speech therapy, or is seeking care for themselves, a relative, friend, client, or other contact including, but not limited to: companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy and speech therapy
  
  
• Care Recipient: Any individual seeking to receive care services or receiving care services from a Care Provider.
  
  
• Shifts: Hours scheduled or worked by a Care Provider including:hourly shifts, day shifts or live in shifts.
  
  
• Care Business: Any Registered User who subscribes to an eCaregivers plan (to include a Free Trial period) who represents a Care Business or legal entity including but not limited to: home care agencies, home care registries, adult day care facilities, assisted living facilities, skilled nursing facilities, and/or hospitals; or who provides Personnel placement services for one of those businesses, or any other business who hires as W2 Employees or engages as 1099 Independent Contractors Care Providers who provide care to individuals regardless of the location or type of services or designated or agreed upon working relationship
  
  
• Care Network Contact: Any person or entity who has been designated by a Care Seeker or Care Recipient through the Platform Portal under certain subscription and payment plans may be granted by Care Recipient or their representative access to the Care Recipient’s information, receipt of clock in/out and plan of care and billing or payments, other updates, and may be authorized by Care Recipient to help manage or be informed of care for a particular Care Recipient. User who designates Care Network Contacts to access information assumes full responsibility for that person's use of such information.
  
  
• Care Navigator: An employee or independent contractor of eCaregivers or an independent contractor, person, User or Non User who assists and provides support to VISITORS or Registered USERS through computer, email, live chat support and telephone. Care Navigators assist Users in maximizing the platform’s features, functionality and attributes. CARE NAVIGATORS DO NOT MAKE DECISIONS OR RECOMMENDATIONS TO ANY SITE USER’s ABOUT CARE SERVICES, RATES, WHO TO WORK FOR, WORK WITH, OR ENGAGE WITH, SCHEDULES or PAY, AS SITE USER’s RETAIN THAT ROLE EXCLUSIVELY AND MAKE SUCH DECISIONS. AN INDIVIDUAL MUST COMPLETE THE ECAREGIVERS CARE NAVIGATOR TRAINING TO BE RECOGNIZED AS A CARE NAVIGATOR.
  
  
• eCaregivers Navigator & Training: This eCaregivers training program offered by eCaregivers is for any User, Non User, or Person to learn how to use the features and functionality of the eCaregivers platform. Their role is to assist users in using the site's features and functions and not to provide input or make any hiring, engagement or decisions on behalf of the site user. Such persons will learn the features and functionalities of the eCaregivers site to use as they decide. The training will also include clear instruction that use of site beyond what the navigator is trained on may require they acquire licensing from a governmental state or federal agency. Regardless of that person achieving Certification status or not or how they apply training eCaregivers has no control of nor responsibility for such persons actions unless such person is an Employee of eCaregivers. Unless employed as a W2 employee of eCaregivers, Certified Care Navigators agree and understand they are not directly or indirectly controlled by eCaregivers in any capacity and act as independent contractors or other designation with no affiliation to eCaregivers. eCaregivers will not be responsible for how any such person uses the site nor for the training provided to any such person. As such, eCaregivers shall not be responsible for nor liable for any person who takes the Certified Navigators training who are acting as independent contractors, business person or any other designation.
  
  
• eCaregivers’ Ambassador: Any registered Care Provider who elects on an optional basis to participate in the eCaregivers’ Ambassador Program also known as the Refer Family & Friends program (if the program is active), who will participate as a 1099 Independent Contractor of eCaregivers and NOT AN EMPLOYEE OF eCAREGIVERS, in this program which rewards Care Providers for referring Care Seekers and/or Care Providers who use the site. Care Providers will receive $5 per referred in Care Provider who joins the site and such payments to the referring Care Provider shall be made to their stripe account, which is required, on a quarterly basis. The maximum payable amount is $500 annually which equates to 100 referrals. The referred Care Provider must complete a full profile to include but not limited to a picture, social security number and one reference request.
  
  
• Portal: A Registered User’s accessible web pages that hold their self-entered personal or business information as well as any information pertaining to the care provided or obtained while using the Platform and other information to support a USER and their site management.
  
  
• Content: Any communications, images, sounds, videos, messages, photos, audios, reviews, or profiles, and any other material, data, files and information, or any derivations or reproductions thereof, that is published, displayed, entered, posted, uploaded, or transmitted in any manner or communication medium onto or through the eCaregivers’ Platform.

Overview of Services & Features

The following tools, features and services are offered through the eCaregivers’ Platform:

• Enhanced Search Functionality: eCaregivers does NOT “match” or “recommend” any Care Providers. A search algorithm based on areas such as but not limited to a Care Providers’ location, experience, skills, requested rate, last login date, and other collected information is used to provide results to Care Seekers / Care Businesses and Care Providers based on a Care Seeker or Care Business's selected parameters. Care Seekers and Care Businesses have the ability with the provided search tools and functionality to narrow or fully expand the pool of Care Providers appearing in their search results at any time. Care Providers also have the opportunity to search for local jobs and recruitment events that are posted by Care Businesses by accessing their eCaregivers Portal.
  
  
• Ratings, Reviews and References:eCaregivers provides for the site to allow for reviews, ratings, and references by Users, Care Seekers and others who are not site Users or Care Seekers and others invited by Care Providers to provide such input for other site Users to see and review. eCaregivers has no input or control over such reviews, ratings or references. eCaregivers makes no endorsements of any User and makes no representation or warranty as it relates to any User or reference inputs made on the site and does not verify any of these inputs. eCaregivers retains the sole and exclusive right with or without reason or notice to remove any rating, review, or reference input by any User, Non - User, referrer or any person for site integrity purposes.
  
  
• Telephone/Video Interviewing: The eCaregivers’ Platform enables Care Seekers and Care Businesses to communicate directly with Care Providers during the screening, interviewing and selection stages of the process. The Platform supports both video and telephone interviewing.
  
  
• Scheduling: Only available to the Care Seeker using the The Platform Premium Plans which offers integrated scheduling “software” that enables Care Providers and Care Seekers to agree upon and set a schedule for providing care services. Care Seekers and Care Providers are solely responsible for determining when services will be provided. eCaregivers assumes no responsibility for scheduling and scheduling issues including, but not limited to, creating a schedule, acceptance or denial of a job offer, arrivals, departures, no-shows, lateness or quality or quantity of work performed or not performed.
  
  
• Automated Notifications: The eCaregivers Platform Premium Plans provides triggered communication messages such as text and email updates to notify Care Seekers, Care Network Contacts, Care Businesses, and Care Providers and any other authorized person with important account, scheduling, and care-related information. eCaregivers will not be responsible if the User does not keep their eCaregivers email address and phone number accurately updated as automated or other notifications may be missed.
  
  
• Mobile Application: The eCaregivers site also offers a mobile web application and/or a downloadable application which allows Care Seekers, Care Providers and any other authorized person to communicate and use the Platform from a smartphone, tablet or other portable device.
  
  
• Split Billing: A feature only available on a Premium Plan 1099 payment process that allows a registered user to invite others to help pay all or a portion of the payments due to Care Provider and such user ultimately retains the full responsibility to make full payments due to any Care Provider should any or all Pay share invitees not be able to pay any or all Payments due to Care Providers.
  
  
• eCaregivers acts as a technology facilitator by providing Care Seekers and Care Providers the ability to run various background checks using a thrid party consumer reporting agency GLOBAL VERIFICATION NETWORK. AS THE TECHNOLOGY FACILITATOR FOR BACKGROUND CHECKS THE USER THAT ACTUALLY PLACES THE ORDER, REGARDLESS OF WHO PAYS FOR THE ORDER, IS DESIGNATED AS THE END USER AND YOUR NAME WILL APPEAR IN THE REFERENCE SECTION OF A REPORT OR OTHER AREA. ECAREGIVERS FACILITATION OF BACKGROUND REPORTS AS A SITE FEATURE DOES NOT ALLEVIATE THE USER WHO ORDERS A BACKGROUND REPORT FROM APPLICABLE FAIR CREDIT AND REPORTING ACT (“FCRA”) REQUIREMENT AND ANY OTHER APPLICABLE LAWS.
  
  
• Vetting and Background Checks: eCaregivers encourages Care Providers and Care Seekers to run various vetting checks on Care providers such as but not limited to Basic or Felony Criminal checks, Driver License and Professional license checks using our 3rd party integrated site Global Verification Network and which may be required by some eCaregiver subscription and payment plans or site flows when making an offer to a Care Provider using the on site scheduler. Users may and are not restricted in any manner to additionally vet any User to their satisfaction with whatever tools, sites or services they wish to engage. eCaregivers may at its sole discretion provide a discount code to Care Seekers or Care Providers or pay for certain designated or required criminal checks as part of the site User flow.
  
  If eCaregivers decides not to allow the Care Provider on the site then eCaregivers assumes FRCA responsibilities regardless of who runs or pays for a background check
  
  Care Providers will always receive a copy of every Background check run on them regardless of who runs or pays for such a check. Care Providers agree they may share background checks run by themselves with Care Seekers upon Care Seeker request if they choose to do so. Care Providers assume full responsibility if they share such reports with anyone who is not a site user. Care Providers are prohibited from sharing background checks run by a Care Seeker with another Care Seeker to protect the Care Seeker’s identity and assume all responsibility and liability for doing so.Care Seekers who order background checks using the site vendor GVN will receive a full copy of such checks in their portal.
  
  Care Seekers can run as many background checks as they wish and must consent to acknowledging that they are fully responsible for the FCRA as it pertains to the adverse action compliance and any other legal requirements, unless eCaregivers does not allow the Care Provider profile on the site.
  
  Care Providers can run as many background checks as they wish and must consent to a disclaimer prior to running such checks for compliance and eCaregivers reasons. Regardless of who pays for it eCaregivers retains the sole right and discretion for the integrity of the site to allow or deny any Care Providers profile or search visibility on the site and in such a case then eCaregivers will be responsible for the FCRAcompliance requirement to send out the Pre Adverse and follow up Adverse Action an “adverse action” notifications and any other required compliance requirements.
  
  If a background check is run by a Care seeker regardless of who pays for it and eCaregivers allows the Care Provider to be on the site then the Care seeker will be responsible for the FCRA compliance requirements to include Pre Adverse and Adverse Action letters to the Care Provider per FCRA to send out an “adverse action” notification timelines and requirements. As a site offering and as the technology integrator, eCaregivers upon notice from Care Seeker, will send a Pre Adverse letter on behalf of the Care Seeker when they indicate they are considering not engaging the Care Provider. Then, after a 10 day period, if you have concerns about hiring a Care Provider you have run any Background check on you need to notify that Care Provider and provide them 10 days to dispute the accuracy of the report with Global Verification Network the consumer reporting agency that generates the background check. Care Seeker’s agree to do this by notifying eCaregivers via email to support@eCaregivers.com with your request and instruct eCaregivers to to notify the Care Provider to send the pre adverse letter which shall include a 10 day time period for the Care Provider to dispute the report directly with GVN to fulfill your FCRA legal obligations. After the 10 day period, then if Care Seeker has decided not to engage the Care Provider the Care Seeker must send an Adverse Action letter to the Care Provider. In such cases, the Care Seeker agrees to email eCaregivers at support@eCaregivers.com and request and instruct eCaregivers to send an Adverse Action letter on their behalf to fulfill their FCRA legal obligations. eCaregivers will confirm back via email any pre adverse or adverse letters it sends out per Care Seekers email request and instructions to eCaregivers to do so.
  
  Examples of Pre Adverse and Adverse Action letters will appear in the Care Seeker and Care Provider Portals as well as any Background checks they run. Care Providers will receive a copy of every background check run on them regardless of who runs a check on them.
  
  Care seekers and Care Providers agree and understand that any reports they run that such reports may show they are run on behalf of eCaregivers or eCaregivers and the user or who orders the report. Due to the integration processes of the 3rd party background check provider Global Verification Network and that regardless of Care Seeker name on the report that any reports you run that you fully remain your responsibility for all FCRA and Legal requirements.
  
  Care Providers who run background checks on themselves - agree eCaregivers retains the sole right and discretion to review such reports to update the site for the purposes of updating the Care Providers “icon updates” for areas such as “background check icons/ badges” such as criminal, driver license and ” or “Professional License icons/badges” or other site icons/badges as applicable on the site for the general public and Care Seekers to view such icon badges.
  
  If a background check is run by a Care Seeker, Care Provider or eCaregivers itself and regardless of who pays for it. eCaregivers retains the sole and exclusive right and discretion for the integrity of the site to allow or deny any Care Providers profile or search visibility on the site and in such a case eCaregivers does not make Care Provider visible on its site then eCaregivers will be responsible for the FCRA compliance requirement to send out the Pre Adverse and follow up Adverse Action an “adverse action” notifications and any other required compliance requirements.
  
  Care Seekers and Care Providers are encouraged to run as many background check types as often as they wish or need to their level of satisfaction for vetting purposes.
  
  Care Providers agree that if they run their own criminal background check on themselves and eCaregivers allows you on the site that you will be boosted in search when you run such a check.
  
  Regardless of any Subscription and payment plan selected eCaregivers encourages Care Providers and Care Seekers to run various vetting background checks on Care Providers such as but not limited to Basic or Felony Criminal checks, Driver License and Professional license checks using our 3rd party integrated site Global Verification Network.
  
  Premium subscription plans will require that when the Care Seeker is making an offer and using the on site scheduler the site flow will require the Care Seeker to run at minimum a basic background check when making an offer to the Care Provider. However, if the Care Provider has previously run a criminal background check and has been approved to be on the site by eCaregivers as noted with a with a on site Icon/Badge the Care Seeker may proceed and make an offer to Care Provider along with any other background checks Care Seeker wishes to order using the site to satisfy their vetting level of a Care Provider.
  
  If for any reason a Care Provider wishes to have their Icon/Badge removed from the site they may cancel their account or request such icon/badge be removed by emailing support@eCaregivers.com agreeing that such request and decision to remove such icon/badge shall be at the sole discretion of eCaregivers.
  
  Care Seeker ordered background check reports obtained through the eCaregivers site and processed by its third party vendor global verification network that are are governed by the FRCA and state laws which notes key legal obligations as they may consider you the end User of the check, and you must first agree to a required End User Certification prior to ordering the report as part of the ordering process.
  
  Care Provider ordered background check reports will require you to accept an “Important Information and Disclaimer” certification prior to a background check being ordered and processed.
  
  Care providers and any site users acknowledge and agree that eCaregivers may review all background checks you run on yourself or anyone and that eCaregivers has the sole and exclusive right but not the obligation to review such reports and to for the purpose of the integrity of the eCaregivers site remove Care Providers from the site on a permanent basis or temporary basis with or without notice with or without reason, which may, in the case of certain Care Providers, be considered an employment purpose pursuant to FRCA. If eCaregivers restricts your profile from being seen on the live site based on a background check eCaregivers or person ordering the check will notify you and provide you the name and contact information of the consumer reporting agency that created the report.
  
  Unlike Basic Subscription Plan - Direct Pay where Background checks are encouraged but not required All Premium subscription plans require Background checks must be completed prior to Care Seeker r making an offer and to use the on site scheduler to schedule care.
  
  eCaregivers strongly encourages all Care Seekers to exercise their option to run a background checks BEFORE hiring or engaging a Care Provider; however, the decision to allow these checks to be conducted and/or to actually complete them is either a site requirement or then left exclusively to the Care Providers and Care Seekers themselves.
  
  eCaregivers encourages all Care Providers to allow Care Seekers to conduct these background checks or do such checks themselves.
  
  
• Care Navigators: eCaregivers utilizes Care Navigators, whose role is to assist Care Seekers and/or Care Providers who may need a little extra help navigating or using the Platform. Some Care Navigators may be a 1099 or employee of eCaregivers who will be able to also assist in billing or invoice questions and those that the Care Provider and Care Seeker were not able to resolve on their own only if it relates to the Platform’s features/processing. All Care Navigators do not provide direct and/or impactful advice or make recommendations to include but not limited to of any kind regarding care-related matters, such as the relationship agreed upon, selection, qualifications, evaluations, vetting, or fitness of any Care Seeker or Care Provider. eCaregivers is only responsible for Care Navigators who are W2 employees of eCaregivers.
  
  
• Insurance for Care Providers: eCaregivers is proud to facilitate integrated insurance coverages for Care Providers through Capital West, an insurance broker. See details & Coverage Conditions below.
  
  Coverage Conditions- The insurance coverage applies ONLY for shifts: scheduled on eCaregivers, Clocked IN & OUT on eCaregivers, and paid through one of eCaregivers’ payment processors: 1099 Independent Contractor Credit Card Pay (Stripe) or W2 Household Employee Pay (HomeWork Solutions).
  
  Coverage Includes- General Liability Insurance, Professional Liability Insurance, Occupational Accident Insurance and Auto Liability Insurance.
  
  Cost of Insurance- The cost of these insurance coverages is $0.43 cents per hour, or up to $3.44 per day. When a Care Provider is engaged on a Premium Plan, 1099 basis the cost is paid for by the Care Provider. eCaregivers automatically subtracts this from their gross earnings. When the Care Provider is engaged on a Premium Plan, W2 basis the cost is paid for by the Care Seeker who is deemed the Care Provider’s employer. This cost is charged to the Care Seeker via Stripe for each shift.
  
  Care Provider’s Certificate of Insurance- The Care Provider’s certificate of insurance is automatically created and issued to the Care Provider by the insurance broker. The policy only covers the Care Provider when the Coverage Conditions are met.
  
  Reporting a Claim to the Insurance Provider- The Care Provider, not the Care Seeker, may report a claim to the insurance provider as the Certificate of Insurance is in their name. Instructions for how to report a claim are in the Care Provider’s portal.
  

Defining the Working Relationship

eCaregivers does not serve as an employer of any Care Providers or otherwise control their hours of work, compensation or how work is performed or services provided. Care Providers work independently of eCaregivers and are not otherwise under the direction and/or control of eCaregivers. eCaregivers is simply a Platform that is used to connect Care Seekers and/or Care Businesses with Care Providers. Care Seekers and/or Care Businesses can search for a Care Provider through the use of the eCaregivers Platform, and Care Providers can search for and apply to local jobs and recruitment events from Care Businesses. The terms and conditions of the relationship between any User parties are left to their discretion and control. All Users should consult with a lawyer, accountant or other professionals prior to and while engaging in a working relationship with another User(s).

Care Seekers and Care Providers are solely responsible for determining the relationship best suited for them. eCaregivers does not direct or control the relationship, what subscriptions are selected, care rates, schedules or any of the relationship details as they are established by the Care Seeker and the Care Provider. Regardless of the User's choices , Care Seekers and Care Providers are fully in control of their relationship and are solely responsible for themselves, their interactions with any site User, and the relationship that they establish with any site User. Care Providers operate independently of eCaregivers and are not under eCaregivers direct or indirect control. eCaregivers is not a party to any such agreement and is NEVER THE EMPLOYER! In the case where any User or agency, company or entity hires or engages a Care Provider each such action operates independently of eCaregivers and is not under our control. eCaregivers is not the employer. eCaregivers is NEVER the employer. Any issues concerning the conduct of a Care Seeker or Care Provider including but not limited to, without limitation, the services received by the Care Seeker or payment due to the Care Provider or any actions of a Care Seeker, must be resolved directly by and between the Care Seeker and the Care Provider or engaging entity or persons. Care Seekers agree and acknowledge to be compliant with all laws to include but not limited to Labor and Employment laws, and all wages when deemed the employer

Care Seekers Subscription and Payment Plans - Depending on the subscription plan a Care Seeker chooses, certain payment options are available to them. Some payment options require the parties to define the working relationship on the site, while others allow parties to determine it off site.

• BASIC PLAN, DIRECT PAY - Limited use of sites features no use of platform Scheduler & Payments features. Payments due to Care providers are done off site and without use of the platform features of Global Positioning Services and clock in/out features. All pay and payment processing are between the Care Seeker and Care Provider. Care seeker credit card will only be charged to pay for the Basic subscription plan and any background checks ordered through the site.
  
  
• PREMIUM PLAN, DIRECT PAY - Care Seeker uses certain site features to include but not limited to the scheduler and uses the global positioning system feature to clock Care Provider in and out of shifts/day and uses the associated time sheets to pay Care Provider off site and without use of the platform. All pay and payment processing are between the Care Seeker and Care Provider. Care Seeker Credit card will be used to pay for a Premium subscription plan fee and any background checks ordered through the site.
  
  
• PREMIUM PLAN, 1099 PAY - Care Seeker uses certain site features to include but not limited to site scheduler and uses the global positioning system feature to clock Care Providers in and out of shifts/day and uses the time sheets to pay Care Providers using your credit card for care services provided. Care seekers may adjust each invoice to reflect any payment changes they wish to make and remain fully responsible for such changes. Care Seeker credit card is charged to pay a Premium subscription plan fee, any background checks ordered through the site, Care provider earnings, 5% eCaregivers fee, and stripe credit card processing fees currently 2.90%. eCaregivers pays the stripe transaction fee of $.30 as part of this subscription plan. eCaregivers using Stripe, a well known financial processor. Stripe will charge the Care Seeker credit card then pay the Care Provider on behalf of the Care Seeker and pay eCaregivers’ 5% fee on behalf of the Care Seeker as well as charge their current processing fee of 2.90%. eCaregivers does not control the payment processing nor does eCaregivers take possession of any funds (other than eCaregivers’ fee). With this 1099 plan and pay option, no payroll, income taxes or other deductions related to payroll are withheld. The Care Seeker and Care Provider will have access to invoice/pay information and may at their option choose to issue a 1099 or other documents of their choice. The Care Provider is paid by the Care Seeker for all hours or days worked at the agreed upon hourly or daily rate without any overtime premium paid for time worked over 40 hours in any work week. Overtime, if required or agreed upon by the parties, may be manually tracked and calculated by the Care Seeker who will need to apply the overtime pay rate to each shift or day in the Review and Approve screen. Care Seekers must edit or approve the time worked by Care Providers within 24 hours of the end of each scheduled shift or day, otherwise the Care providers pay and eCaregivers fee will be automatically processed and withdrawn from the Care Seeker’s credit card on file and deposited into the Care Provider’s bank account or debit card approximately 3 to 10 business days after shift/day completion (depending on Users’ Stripe preferences). Care Seekers agree and acknowledge to be compliant with all laws to include but not limited to Labor and Employment laws, and all wages when deemed the employer. Note the Care Provider pays for their insurance policy coverage out of their earnings as a deduction that is sent to eCaregivers then to the insurer as a site facilitation feature as the parties are engaging as a 1099 independent contractor relationship. The Certificate of Insurance also names each Care Provider you engage as a 1099 when scheduled using the on site scheduler only for hours Care Provider clocks in and out and uses the integrated payment processor Stripe
  
  
• PREMIUM PLAN, W2 PAY - Care Seeker uses certain site features to include but not limited to site scheduler and uses the global positioning system feature to clock Care Provider in and out of shifts/day and such associated timesheets to pay Care Provider for Care Providers services by engaging and enrolling in HomeWork Solutions a third party vendor on the Caregivers site as Care Seekers payroll provider to process payroll and issue a W2 at end of year as the Care Seeker is the employer. Care Seeker will be responsible for all HomeWork Solutions fees and charges. The Care Seeker takes the time sheets from their User portal and makes any changes they wish and sends or inputs the information into HomeWork Solution system, a third party payroll provider offered on the eCaregivers platform. eCaregivers will charge a Care seeker credit card for a Premium Plan subscription fee, eCaregivers fee of 5%, and for insurance coverage paid for by the Care Seeker at $0.43 per hour or $3.44 per day plus the 2.90% credit card stripe fee. eCaregivers pays the strip $.30 per transaction Stripe fee. Care Seekers as you the employer must pay for the insurance coverage as a site use requirement. The Certificate of Insurance also names the Care Provider when engaged as a W2 when scheduled using the on site scheduler, only for the hours Care Provider clocks in and out and uses the required HomeWork Solutions Payroll processor. Care Seeker and HomeWork solutions control the payment processing for Care Provider services payment not eCaregivers. All Care Provider pay that is processed through HomeWork Solutions and not through eCaregivers, and will include Care Provider earnings, the deduction and remittance of taxes and withholdings specified by the Care Seeker and Care Provider respectively. HomeWork solutions will also issue reports required to be submitted by the Care Seeker to the taxing authorities, and issue the Care Provider a W-2 at the end of the year. Please note Care Seekers MUST work with HomeWork Solutions and other professionals such as an account or lawyer to make sure they are paying the Care Provider correctly as a W2 and following all federal, state, and local rules and regulations. For W2 engagements Care Seekers at minimum agree to pay the Care Provider for all hours worked recognizing any hours worked over 40 per week (7 day period) must be compensated at 1 ½ time the Care Provider agreed upon hourly rate. The 7 day work week and pay periods are defined by the Care Seeker and HomeWork Solutions. For live in shifts, other rules and regulations regarding sleep time, breaks and duties may apply - please consult with or engage HomeWork Solutions, accountant, attorney, and any professional representative to make sure you are compliant with all laws, rules and regulations since you are responsible for such compliance.
  

All site Users regardless of plans chosen or relationship designations selected or agreed upon agree it is fully their responsibility to consult with a lawyer, accountant or other professionals prior to and while engaging in a working relationship with another User(s)to make sure you are compliant with all laws, rules and regulations.

Care Seekers and Care Providers are responsible for determining the relationship and how they will engage each other and Pay processing.

User Type Specific Terms of Use, Representations & Limitations

User Type Specific Terms

User Type Care Seeker

Care Seekers Accept & Affirm: As a Care Seeker, you expressly represent, acknowledge and affirm your agreement with and understanding of the following additional terms and conditions in addition to the all Terms outlined above.

• You will promptly notify eCaregivers at support@eCaregivers.com if any component of your Account Credentials is lost, stolen, or otherwise compromised;
  
  
• You will only post Content that is consistent with these Terms, and which is truthful and accurate;
  
  
• eCaregivers is NOT the employer of any Care Providers. You and the Care Provider(s) that you engage using the eCaregivers’ Platform will determine and define the working relationship that you establish.
  
  
• eCaregivers assumes no responsibility for finding or furnishing you with a Care Provider. You are solely responsible for searching, posting jobs, messaging Care Providers, interviewing, vetting, initiating or reviewing background checks, determining suitability, all decisions regarding all Care Provider/Care seeker engagements to include engaging all Care Providers using the eCaregivers’ Platform, including replacement, fill-in or back-up Care Providers to cover if your regular Care Provider fails to report or is otherwise unavailable to cover a scheduled shift. All replacement, fill-in and back-up Care Providers listed on the Platform must also be Registered Users of the eCaregivers’ Platform and must comply with these Terms.
  
  
• IF YOU AND THE CARE PROVIDER ELECT THE PREMIUM PLAN W2 EMPLOYER/EMPLOYEE Paycheck Payment Method Option, YOU WILL BE CONSIDERED THE CARE PROVIDER’S EMPLOYER AND WILL BE REQUIRED TO MAKE CERTAIN DEDUCTIONS FROM THE CARE PROVIDER’S COMPENSATION INCLUDING, BUT NOT LIMITED TO, PAYROLL AND INCOME TAXES DEDUCTIONS, MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS AND WORKER COMPENSATION COVERAGES
  
  
• Prior to making any decisions on use of this site or selecting a payment / working relationship option you are advised to consult an attorney and accountant for advice for guidance or other professionals necessary for you to make informed decisions that protect your interests and those you represent because there is a risk that Care Seekers may still be considered the Care Provider’s employer regardless of the plan and relationship you decide upon with the Care Provider.
  
  
• Plans / Subscriptions: eCaregivers.com provides subscription plans. If the Care Seeker does not deselect the subscription option, the subscription will continue indefinitely until canceled by the User. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew in perpetuity for an additional equivalent period as at the initial or latest subscription terms you have most recently selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed, or at the time you updated your subscription at any new rate/terms. SUBSCRIPTION PLAN PRICING IS SUBJECT TO CHANGE.
  
  
• Upgrades / Downgrades to Plans: You may be provided the option to upgrade or downgrade your membership which will include increased or decreased features, functionality, and cost, including but not limited to the find care or managed care features. You can review these options in the “My Plan & Payments” “Update My Plan” section of your Care Portal. If you upgrade your account, you will be provided access to the increased plan features immediately and charged immediately for the difference between the two plans prorated for the number of days left in the billing cycle. If you downgrade your plan, the changes to your plan’s features and billing will take place at the next renewal date and no pro-rated credit will be requested or applied.
  
  
• Pausing Plan / Payments: You can pause payments at any time by logging into your Account and clicking “My Plan & Payments” then “Pause My Plan” up to 11:59PM the last day of your current subscription period or by emailing: support@eCaregivers.com. By pausing your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paused subscription will not be renewed after your then-current term expires, but your credit card may be charged, and you may be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
  
  
• Changes to Subscriptions: All subscription plans and offerings are subject to change by eCaregivers.com. Any change to your ongoing renewal rate would be noticed to you via email and will auto renew at the then current rate(s) unless you opt out of the renewal by updating your account or via other communication as may be necessary or required by law.
  
  
• Refund Policy - All payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. eCaregivers, however, retains the right in its sole discretion on an exception basis to review requests and apply full or partial refunds in the case of extenuating circumstances such as: acts of god, floods, national emergencies, etc.
  
  
• Removing Your Account Completely - To remove your account completely, email support@eCaregivers.com and your information will be removed from our database within 1 business day by our support team.
  
  
• No Representations & Warranties- eCaregivers assumes no responsibility for finding or furnishing Care Seeker with a Care Provider. As a Care Seeker, you can use the features of the site including but not limited to: search & messaging, posting jobs, posting recruitment events to find Care Seekers. You are solely responsible for VETTING all Care Providers to include but not limited to using all site features such as searching, posting jobs, messaging Care Providers, interviewing, vetting, initiating or reviewing background checks, determining suitability, all decisions in accordance with applicable laws, regulations, statues etc. from all jurisdictions and governing legal bodies. eCaregivers makes NO GUARANTEES about the authenticity of the accounts on its site, nor the work eligibility of Care Providers, nor the license status, nor their criminal background.
  
  
  • You acknowledge & agree that eCaregivers does not take possession of the funds designated for the Care Providers and is otherwise not responsible for the payments made to Care Providers for services provided. Ultimately, you are at all times solely responsible for the compensation to be paid to Care Providers and for all fees and charges associated with your use of the Platform to include any and any optional selections made such as criminal, and drivers and professional license checks, pay methods, etc.

User Type Care Provider

Care Providers Accept & Affirm: As a Care Provider, you expressly represent, acknowledge and affirm your agreement with and understanding of the following terms and conditions in addition to the Terms outlined above:

• You will promptly notify eCaregivers at support@eCaregivers.com if any component of your Account Credentials is lost, stolen, or otherwise compromised;
  
  
• You will only post Content that is consistent with these Terms, and which is truthful and accurate;
  
  
• You do not rely solely on the eCaregivers’ Platform for identifying Care Seekers or Care Businesses, and you are free to market your services through other channels.
  
  
• eCaregivers assumes no responsibility connecting you with Care Seekers. You are solely responsible for locating, vetting, suitability of and engaging Care Seekers interested in your services by using the eCaregivers’ Platform or other sources to your satisfaction.
  
  
• eCaregivers assumes no responsibility for any job offers, covering any shift or job that you are unable to cover for whatever reason. It is solely your responsibility and that of the Care Seeker(s) that engage you to arrange for replacement, fill-in or back-up Care Providers to cover if you are unable to report or otherwise cover a scheduled job or shift. All replacement, fill-in and back-up Care Providers referred by you must be listed on the Platform as a Registered User, comply with these Terms and are only to be scheduled by the Care Seeker.
  
  
• You will not knowingly, willfully, or negligently accept any offer from a Care Seeker if the services to be provided required by law that you hold professional credentials or a license, which you do not have, and/or if you do not possess the required training, skills or ability to perform the services in a competent and lawful manner.
  
  
• eCAREGIVERS IS NOT YOUR EMPLOYER. You and the Care Seeker(s) that you engage using the eCaregivers’ Platform will determine and define the working relationship that you establish.
  
  
• eCAREGIVERS IS NEVER RESPONSIBLE TO PAY YOU. Any fees, compensation or reimbursement that you earn or are due for services provided is solely the responsibility of the Care Seeker(s) or Care Business(s) that you entered into a relationship with to provide care. eCaregivers is NOT responsible for any payments and does not handle any funds from any Care Business. eCaregivers is also NOT responsible for any payments and does not provision or ever take control of the funds designated for you by the Care Seeker/Care Business.
  
  
• You are responsible for paying all taxes and for filing all tax returns with respect to all income you earn from performing services for Care Seekers or Care Businesses that engage you using the eCaregivers Platform regardless of whether you are engaged as an employee or as an independent contractor.
  
  
• eCaregivers allows for Care Providers to be paid by three payment methods, some of which define the working relationship between Care Seekers and Care Providers. YOU MAY BE ENGAGED BY A CARE SEEKER or CARE BUSINESS AS EITHER A SELF-EMPLOYED CARE PROVIDER OPERATING A BUSINESS AS AN INDEPENDENT CONTRACTOR OR AS AN EMPLOYEE OF THE CARE SEEKER or CARE BUSINESS. THE WORKING RELATIONSHIP THAT YOU ESTABLISH WITH any User IS SOLELY BETWEEN YOU AND THE User you engage. eCAREGIVERS ASSUMES NO RESPONSIBILITY AND OFFERS NO GUIDANCE OR ADVICE TO YOU AND/OR ANY User REGARDING THE RELATIONSHIP THAT YOU ESTABLISH. You should consult professionals such as but not limited to lawyers, accountants, licensing boards and other professionals or governmental entities to be compliant with any applicable rules, regulations etc. that may apply to the relationship you create with a Care Seeker and Care Recipient.
  
  
  1. Direct Pay - Care Seekers and Care Providers agree that when Direct Pay Payment processing is selected that it is up to the parties to determine the method of pay processing which could include but not limited to check, debit card, electronic payment or other method.
     
     
  2. 1099 Pay - When the Care Seeker selects Premium Plan 1099, then you will need to create a Stripe account to receive your payments from Care Seeker and for any applicable insurance deductions. YOU WILL BE RESPONSIBLE FOR PAYING ALL TAXES SUCH AS INCOME AND PAYROLL TAXES THAT ARE DUE AND OWED TO THE STATE AND/OR FEDERAL GOVERNMENT. YOU WILL NOT BE ENTITLED TO OVERTIME IF YOU WORK MORE THAN 40 HOURS IN ANY GIVEN WORK WEEK, AND YOU WILL NOT BE PROVIDED WORKERS COMPENSATION INSURANCE OR ANY BENEFITS BY THE CARE SEEKER OR CARE BUSINESS, NOR WILL YOU BE ENTITLED TO ANY EMPLOYEE BENEFITS INCLUDING BUT NOT LIMITED TO: PAID TIME OFF, UNEMPLOYMENT INSURANCE, WORKERS COMPENSATION, 401K OR ANY OTHER EMPLOYEE BENEFITS.
     
     
  3. W2 Pay - When the Care Seeker selects Premium Plan W2, then you will need to share information with HomeWork Solutions, the payment processor, to receive your paychecks. AS AN EMPLOYEE, YOU WILL HAVE CERTAIN DEDUCTIONS TAKEN FROM YOUR PAY INCLUDING BUT NOT LIMITED TO INCOME TAXES, MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS. YOU MAY ALSO BE ENTITLED TO OVERTIME PAY IF YOU WORK MORE THAN 40 HOURS IN ANY GIVEN WORK WEEK. YOU MAY BE PROTECTED FROM WORK-RELATED INJURIES THROUGH WORKERS COMPENSATION INSURANCE IF REQUIRED BY LAW AND PROPERLY ATTAINED BY YOUR EMPLOYER. IT IS YOUR RESPONSIBILITY, NOT ECAREGIVERS’, TO KNOW WHAT BENEFITS YOUR EMPLOYER WILL PROVIDE OR WILL NOT PROVIDE.
     
     
  Regardless of whether you are engaged by a Care Seeker / Care Business as an employee or an independent contractor, and whether or not insurance is offered and required by eCaregivers, you are encouraged to obtain professional liability insurance and if applicable occupational accidental insurance to protect you and the Care Recipient in the event of a mishap or other event that results in injury or harm to the Care Recipient while you are providing services. Care Providers and Care Seekers may acquire additional insurances, beyond any site requirements, of any type and are encouraged to do so to reflect your individual needs for coverages.
  

User Type eCaregivers’ Ambassador

The eCaregivers’ Ambassador Program also referred to as “Refer Family & Friends” is an optional program that allows a Care Provider to refer other Care Providers to the eCaregivers’ Platform and earn a specified dollar amount, currently $5 (which could be changed at eCaregivers sole discretion at any time with or without notice) for each of their referrals who completes a profile. A profile is considered complete when the referral has completed their profile requirements. Payments are processed from eCaregivers to the Care Provider through Stripe quarterly by the 15th of the month after the end of the quarter. As with all Stripe payments, payments process within 2- 10 business days depending on the account.

If you choose to optionally participate in referring Care Providers, you expressly represent, acknowledge and affirm your agreement with and understanding of the following terms and conditions in addition to the Terms outlined above:

• Participation in the eCaregivers’ Ambassador Program is optional and free, there is NO cost to participate;
  
  
• eCaregivers is NOT your employer or the employer of any Care Provider participating in the Ambassador Program. Participants will be acting as a 1099 Independent Contractor of eCaregivers ONLY when referring Care Providers. Care Providers and/or Ambassadors will not be paid a salary and will not be entitled to any benefits from eCaregivers while they participate in the Ambassador Program;
  
  
• eCaregivers NEVER engages Care Providers and/or Ambassadors as employees or 1099 Independent Contractors when they provision Care Services;
  
  
• Participation or lack of participation in the eCaregivers’ Ambassador Program does NOT give Care Providers any priority or otherwise impact their ranking in search results.
  
  
• All Care Providers referred through the eCaregivers’ Ambassador Program must be or become Registered Users of the Platform, and must agree to these Terms;
  
  
• eCaregivers reserves the right in its sole discretion to limit, modify, amend or terminate the Ambassador Program at any time and for any reason, including, but not limited to, changes in referral fees, length / perpetuity of payments, and other program details. eCaregivers will notify you of any changes to Ambassador Program prior to their effective date using the email address that is provided as part of your Account Credentials. Referral fee payments will be made to Care Providers by eCaregivers for service fees generated from referral sources through the date the Ambassador Program is terminated, and only after eCaregivers’ receives payment for the platform services provided;
  
  
• eCargivers will pay $5 per referral up to an annual Maximum of $500 which equates to 100 referrals.
  
  
• eCaregivers’ makes no representation and offers no guarantee to any Care Provider regarding the amount of referral fees that can or may be earned by any Care Provider through the Ambassador Program;
  

User Type Care Business

• Billing Payment / Payments - If you sign up for an eCaregivers paid membership subscription, you agree to pay eCaregivers all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize eCaregivers to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. eCaregivers reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize eCaregivers to charge your chosen payment provider for the Services and/or products you purchase. You agree to pay any applicable state and local taxes which may be collected at the time of sale, or following written notice at a later date. You agree that if eCaregivers.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase or any fees under the plan you selected. SUBSCRIPTION PLAN PRICING IS SUBJECT TO CHANGE.
  
  
• Free Trial Offers - If you have been offered a free trial to use the Platform ("Free Trial"), you will be required to: (a) select a desired Post Trial subscription plan ("Subscription Plan"), if you don’t you will be automatically enrolled in a plan which you will be notified at the time of choosing the free trial and charged the day after your Free Trial ends, (b) provide valid credit card/debit card and billing information. Your credit/debit card will not be charged until the expiration of the Free Trial (if you don’t cancel before the end of the Free Trial). You can cancel at any time during the Free Trial by logging into your Account and clicking “My Account” then “My Plan” then “Update My Plan” up to 11:59PM the last day of the Free Trial or by providing written notice via email at least 4 days prior to support@eCaregivers.com or support@eCaregiversRecruitment.com. It is your responsibility to timely cancel your Free Trial prior to the expiration of the term of the Free Trial to avoid any unwanted charges. Once your Free Trial is canceled you will lose access to information regarding candidates, Job Posts and other features of the applicable Free Trial Subscription Plan. If you don’t cancel prior to the end of the Free Trial term, we will automatically charge your debit/credit card for the Initial Plan Term (if, for example, you are on a monthly Subscription Plan) or the first year (if you chose an annual Subscription Plan) or other applicable recurring period depending on the selected Subscription Plan ("Initial Plan Term").
  
  
• Automatic Subscription Renewal- eCaregivers paid membership subscriptions will continue indefinitely until canceled by the User. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew in perpetuity for an additional equivalent period as the subscription term you have most recently selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed, unless otherwise provided at the time you subscribed.
  
  
• Upgrades / Downgrades and Cancellation - You may be provided the option to upgrade or downgrade your membership which will include increased or decreased features, functionality, and cost, including but not limited to the # of job posts, # of recruitment events, # of messages/reveals, and territory restriction . You can review these options in the “My Account” “My Plan” “Update My Plan” section. If you upgrade your account you will be provided access to the increased plan features immediately and charged immediately for the difference between the two plans proratedpro-rated for the number of days left in the billing cycle. If you downgrade your plan, the changes to your plan’s features and billing will take place at the next renewal date and no pro-rated credit will be requested or applied.
  
  
• You can cancel at any time during the Free Trial period by logging into your Account and clicking “My Account” then “My Plan” then “Update My Plan” up to 11:59PM the last day of the Free Trial period or by providing written notice via email at least 4 days prior to support@eCaregivers.com or support@eCaregiversRecruitment.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your canceled subscription will not be renewed after your then-current term expires, but your credit card may be charged, and you may be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
  
  
• Changes to Subscriptions - All subscription plans and offerings are subject to change by eCaregivers. Any change to your ongoing renewal rate would be noticed to you via email and will auto renew at the then current rate(s) unless you opt out of the renewal by updating your account or via other communication as may be necessary or required by law.
  
  
• Refund Policy - All payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. eCaregivers, however, retains the sole right in its discretion on an exception basis to review subscriber requests and apply full or partial refunds in the case of extenuating circumstances such as: acts of god, floods, national emergencies, etc.
  
  
• No Representations & Warranties- eCaregivers assumes no responsibility for finding or furnishing Care Businesses with a Care Provider. As a Care Business, you can use the features of the site including but not limited to: search & messaging, posting jobs, posting recruitment events to find Care Providers. You are solely responsible for VETTING, and all human resourcing of all Care Providers in accordance with your business practices to include compliance with all applicable laws, regulations, statutes etc. from all jurisdictions and governing legal bodies. eCaregivers makes NO GUARANTEES about the authenticity of the accounts on its site, nor the work eligibility of Care Providers, nor the license status, nor their criminal background. All Care Businesses should consult professionals including, but not limited to lawyers, accountants, licensing boards, governmental entities and other professionals to be compliant with any applicable rules, regulations etc. that may apply to the relationship you create with a Care Provider.
  

Disclaimers; Warranties; Limitations; Waivers; Indemnification

Disclaimers

The eCaregivers Platform endeavors to always be fully operational and working. However, to include but not limited to: acts of god, Cyber Attacks, terrorism, energy grid, internet availability, failed programming/coding/software, or failed server hosting it is impossible to guarantee Platform availability and functionality.

Registered Users should be aware that some information may be shared on or through the eCaregivers Platform can be viewed by any Visitor or Registered User. Registered Users should be careful not to post any information on or through the eCaregivers Platform that they do not want known or an unknown party to view or read.

eCaregivers does not proactively monitor or block any information posted to the Platform including messages automatically sent that may contain information that is protected under the Health Insurance Portability and Accountability Act (“HIPAA”). eCaregivers is only a conduit for information that is inputted loaded by Registered Users and is not a covered entity or business subject to HIPAA regulations. Thus, eCaregivers has no obligation to maintain the confidentiality of any information under HIPAA. Users accept, affirm and acknowledge full responsibility for disclosure of any HIPAA violations and indemnifies eCaregivers for any and all actions of any type and will indemnify and defend eCaregivers from such actions to include any third party actions.

Any information and materials placed on or through the eCaregivers Platform, including but not limited to text, graphics, information, links or other items are provided “as is” and without any warranties of any kind by eCaregivers, including, without limitation, any express warranties, warranties of merchantability, warranties of fitness for a particular purpose, warranties of workmanlike quality, or any other implied warranties.

Further, opinions, advice, statements, offers, or other information or content made available through the Platform, Care Navigators or Ambassadors, are those of their respective authors and not that of eCaregivers. Links from the eCaregivers Platform to external sites such as Global Verification Networks, HomeWork Solutions or sites where eCaregivers facilitates feature offerings like Care Provider insurances (including external sites that are framed or noted by eCaregivers) or inclusion of advertisements do not constitute an endorsement by eCaregivers of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Registered Users’ reference and convenience. Registered Users access these links at their own risk, and it is the responsibility of Registered Users to evaluate the content and usefulness of the information obtained from other sites. eCaregivers does not control these sites and is not responsible for their content. Links on the eCaregivers Platform to these sites does not mean that eCaregivers endorses any of the material on these sites or has any association with their operators. The use by Registered Users of any such site is controlled and governed by the terms and conditions of use for those specific sites, and not by these Terms. eCaregivers expressly disclaims any liability derived from the use and/or viewing of links that may appear on the eCaregivers Platform. Users may use any vendor they wish in addition to any required, suggested or offered by eCaregivers site for vetting, payroll or other uses to the full satisfaction of the User.

These Terms are not intended to, nor should they be construed as, making eCaregivers or any Visitor or Registered User the partner, employer, employee, co-owner, joint venture, agent, legal representative, or contractor of the other party, unless specifically and expressly otherwise set forth above. Neither eCaregivers or any Visitor or Registered User shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

Eligibility/Use of Platform; Representations and Warranties:

To be eligible to use the eCaregivers’ Platform, you agree, affirm and acknowledge the you meet the following criteria:

• eCaregivers.com platform is only available to individuals who are eighteen (18) years of age or older and you represent you are older than 18 years of age. (See Section: Age Restriction)
  
  
• The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States and agree and represent such by engaging the site.
  
  
• All Users, who they represent, and anyone with access to the premises where Care Services are provided must NOT have been or are NOT currently (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
  
  
• All Users agree to provide a violence and discrimination free workplace.
  
  
• All Users agree they will only refer or ask references of people who are over 18 years of age
  
  
• Any site User must not be a competitor of eCaregivers or using our Services for reasons that are in competition with eCaregivers or for your personal or business financial profit unless such use is approved in writing under a separately negotiated contract with eCaregivers.
  

Age Restriction

eCaregivers.com platform is only available to individuals who are eighteen (18) years of age or older and you represent you are older than 18 years of age. (See Section: Age Restriction)

• eCaregivers will not knowingly collect any information from anyone under the age of 18.
  
  
• Anyone seeking to register using the Platform must first identify their age before creating a profile and being listed in any search results. eCaregivers assumes no responsibility for any misrepresentation made by anyone regarding their age or any information such User inputs into the platform. Should eCaregivers learn that a Registered User has falsified information regarding age or any other information provided; eCaregivers will immediately terminate the Registered Users access to the Platform.
  

Rules of Conduct
1. Registration, Posting, and Content Restrictions:

The following rules pertain to “Content”, additionally defined as any communications of any type to include but not limited to written text, images, sounds, texts, pictures, videos, telephony and all the material, data, and information that any User uploads or transmits through eCaregivers. By transmitting and submitting any Content while using our Service, you agree, represent, acknowledge and warrant the following:

• You are solely and personally responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
  
  
• You will register your account in your own legal name, even if you are seeking care for another individual, family member or representing a care business.
  
  
• All Content you post will be in English as the Site and Services are not currently supported in any other languages. Some browsers or other services may provide for non english use but eCaregivers does not take responsibility for any issues due to such browser User or services.
  
  
• You are solely and personally responsible for any Content that you post on the Site, or transmit to other Users of the Site. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, gender offensive, bullying activities or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from eCaregivers.
  
  
• You will not provide inaccurate, misleading, defamatory or false information to eCaregivers or to any other User of the Site, and all opinions stated as part of Content must be genuinely held and identified as solely the opinion of you or whoever is providing the information and not the opinion of eCaregivers.
  
  
• You understand and agree that eCaregivers may, in its sole and exclusive discretion: review, make reasonable edits to, or delete any Content, with or without notice, in each case in whole or in part, that in the sole and exclusive judgment of eCaregivers violates these Terms and Conditions, or which eCaregivers determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site or others.
  
  
• Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws, regulations or rules imposed by governing bodies. eCaregivers is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Site.
  

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by eCaregivers are those of their respective authors / site Users. Such authors / site Users are solely and personally responsible for such content. eCaregivers does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will eCaregivers or its Affiliates, licensees and successors, officers, directors or employees, be responsible for any loss, injury, or damage of any type resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any User of the Site or Service; or b) reviews or comments made about you on the Site by other Users to also include but not limited to any and all interactions between Users who are 100% responsible for themselves. All Users agree to be fully 100% responsible for providing a safe environment for the Care Provider to provision services and the Care Recipient to receive services.

You agree that eCaregivers has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity, however we reserve such rights on a sole and exclusive basis with or without cause to remove any content we wish for any reason. We also reserve the sole and exclusive right to end any User's account for any reason at any time with or without notice. In both cases under this paragraph no refunds will be made to the User.

Exclusive Use

1. If you are a Care Seeker, you may use your account only to find caregivers for yourself, themselves, a relative, friend, client, or person whom you are the legal guardian or representing other contacts or persons needing care services to include but not limited to: companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy, speech therapy, care management or Care Navigation
   
   
2. If you are a Care Provider, you may use your account only to find and receive job opportunities for yourself and/or participate in the optional eCaregivers Ambassador Program (if the program is active).
   
   
3. If you are a Care Business, you may use your account only to find Care Providers for a Care Business or legal entity including but not limited to: home care agencies, home care registries, adult day care facilities, assisted living facilities, skilled nursing facilities, and/or hospitals; or who provides Personnel placement or career services for one of those businesses, or any other business who hires as W2 Employees or engages as 1099 Independent Contractors Care Providers who provide care to individuals regardless of the location of services.
   
   
4. You are solely responsible for all your activity on and off the platform, use of your account (even if your login credentials are compromised or stolen), and you may not assign or otherwise transfer your account to any other person or entity for any reason.
   

Prohibited Uses

By using the eCaregivers’ Platform, you agree that you will not under any circumstances:

• In any way avoid or not PAY eCaregivers’ fees or any legitimate charges. All Care Seekers and Care Providers also agree and affirm that their eCaregivers account access will be terminated at eCaregivers sole discretion, therefore negating their ability to engage any other Care Seekers or Care Providers at that time or in the future for jobs or Care Services.
  
  
• Be or represent a business that identifies as a job site or job search platform that competes in any way with eCaregivers.com or eCaregiversRecruitment.com
  
  
• Register for more than one Account as an individual and/or an entity. The creation of multiple accounts for the same Registered User will result in termination of a Registered User’s account(s).
  
  
• Use the eCaregivers’ Platform, or any Content in any way that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable and offensive;
  
  
• Use the eCaregivers’ Platform for any unlawful purpose, or for the promotion of illegal activities;
  
  
• Use or employ any browser or server technology which alters, conceals, or hides your IP address;
  
  
• Harass, abuse or harm another person or group, or attempt to do the same through your use of the Platform;
  
  
• Access or use another Registered User’s Account unless you have the legal authority to act on behalf of the Registered User, and to bind the Registered User to these Terms;
  
  
• Attempt to re-register as a User with eCaregivers if your access has been limited, terminated or in some manner restricted by eCaregivers for any reason;
  
  
• Interfere or attempt to interfere with the proper functioning of eCaregivers’ Platform by or through the automated use of the Platform, or by taking any action that would impose or potentially impose an unreasonable or disproportionately large load on the eCaregivers’ servers or network infrastructure, or bypass any robot exclusion headers or other measures taken by eCaregivers to restrict access to or use of the Platform;
  
  
• Use the eCaregivers’ Platform for any commercial solicitation purposes other than those intended by eCaregivers;
  
  
• Publish or link to malicious Content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt the eCaregivers’ Platform and/or another Registered User’s browser or computer, or access to or use of the Platform.
  

eCaregivers Right to Limit Use or Remove Account

eCAREGIVERS RESERVES THE SOLE AND EXCLUSIVE RIGHT TO TAKE ACTION INCLUDING, BUT NOT LIMITED TO, TERMINATING, RESTRICTING OR BLOCKING A REGISTERED USER’S ACCESS TO AND USE OF THE eCAREGIVERS’ PLATFORM, WITH OR WITHOUT NOTICE OR CAUSE, AS NECESSARY TO PROTECT THE PLATFORM FROM HACKING, CYBER ATTACK, MISUSE OR MISAPPROPRIATION, OR AS NECESSARY TO PROTECT REGISTERED USERS FROM PROHIBITED USES AND ACTIVITY.

No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by eCaregivers, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECAREGIVERS DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ECAREGIVERS; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, CYBER ATTACKS, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ECAREGIVERS EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, ECAREGIVERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY User OF OUR SITE OR User WHO PROVIDES OR RECEIVES SERVICES OR ANY THIRD PARTY VENDOR OR ANY INTRODUCTIONS OR REFERRALS TO INCLUDE BUT NOT LIMITED TO ANY MEMBER OF A HOUSEHOLD, FRIENDS, FAMILY OR ANY PERSONS OR BUSINESS OR REPRESENTATIVE OF A BUSINESS SUCH AS AN EMPLOYEE, CONTRACTOR OR VOLUNTEER OR ANYONE ELSE THAT INTERACTS WITH USERS.

Limitation of Liability & Assumption of Risk

In no event will eCaregivers be liable for any direct, indirect, special, incidental, misuse of content or information shared by a User, consequential damages, losses or expenses arising out of or relating to the use or inability to use the eCaregivers Platform including, without limitation, damages related to any information received from the Platform, removal of Content including profile information, any email distributed to any Registered User or any linked web site or third party site or use thereof or inability to use by any party, or in connection with any limitation, suspension or termination of any Registered User’s access to the Platform or ability to access the Site or Services, failure of site performance, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, cyber attack or line or system failure, even if eCaregivers, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

UNDER NO CIRCUMSTANCES WILL eCAREGIVERS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION(S) WHATSOEVER IN CONNECTION WITH A VISITOR or REGISTERED USER’S USE AND/OR ACCESS TO THE eCAREGIVERS PLATFORM TO INCLUDE AUTHORIZED OR UNAUTHORIZED THIRD PARTY ACCESS EXCEED THE AMOUNT OF FEES EARNED BY eCAREGIVERS FROM ACTIVITY RELATED TO THAT REGISTERED User’S ACCOUNT.

This limitation of liability shall be construed broadly, and shall specifically include, without limitation, claims based upon negligence by any User or person, claims arising out of the termination of any Registered User’s account, claims based upon a determination of a Registered User’s ineligibility to use the eCaregivers Platform and claims arising under the FCRA and shall not apply to intentional misconduct or claims for personal injuries.

No Liability for User Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ECAREGIVERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE OR ANY User IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS or NON USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. 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 OR OTHER PARTIES.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. eCaregivers makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within, outside or through the Site to include any User actions or inactions on or off the site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist that you confirm and accept is legally licensed to provide such services and is in good standing with their licensing or regulating board.

Verification & Background Checks by eCaregivers; by Care Seekers and Care Providers

Verification & Background Checks by eCaregivers

AS A CONDITION OF USING THE ECAREGIVERS PLATFORM, ALL REGISTERED USERS CONSENT AND AGREE THAT ECAREGIVERS HAS THE OPTION AND RIGHT, BUT NOT THE OBLIGATION, TO USE A THIRD PARTY VENDOR OR A CONSUMER REPORTING AGENCY AND TO OFFER TO CARE SEEKERS A ON AN INITIAL, PERIODIC, ONE TIME OR SPORADIC BASIS TO CONDUCT VERIFICATION AND/OR BACKGROUND CHECKS OF ANY TYPE ON YOU TO VERIFY YOUR IDENTITY AND PERSONAL INFORMATION PROVIDED upon your registration or via updates to such registration with eCaregivers, including but not limited to Social Security Number, address, phone numbers, licenses or certifications, Criminal Checks, education, training, driving records, and work and personal references. The results of these verification and background checks are not to be shared with other registered Users and are used solely by eCaregivers for determining a person or entity’s eligibility to be a Registered User on the eCaregivers Platform. The third-party vendors and consumer reporting agencies engaged by eCaregivers may use data from a variety of sources, under a variety of circumstances, including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, address, phone numbers, work history, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

eCaregivers retains the sole discretion to refuse to establish an account for any person or entity that applies to a Registered User, or to discontinue, limit or restrict the use of or access to the eCaregivers’ Platform for any Registered User based on the information eCaregivers obtains from the verification and background checks conducted, even if such information was previously accepted or overlooked, and regardless of whether eCaregivers conducted or authorized the verification and background checks or who ordered or paid for such checks or they were authorized or conducted by another Registered User. If eCaregivers terminates, limits or restricts your access to or use of the eCaregivers Platform, you will be notified of the name and contact information of the third-party vendor or consumer reporting agency that created the report and/or provided the information so that you may address the report findings with the third-party vendor or consumer reporting agency. Your Pre -Adverse and Adverse action letters will be required to be sent by eCaregivers except in the case a Care Seeker orders the check and is responsible for the Pre Averse and Adverse Action letter notice. eCaregivers will also provide you a copy of any report if required by law, rule or regulation unless the third-party vendor or consumer reporting agency or Care Seeker has already provided you a copy or access to the report or is otherwise responsible to do so.

You hereby represent, understand, and expressly agree that eCaregivers does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by any third-party vendor or consumer reporting agency. Any inaccuracies in the information reported to eCaregivers must be addressed by you directly with the applicable third- party vendor or consumer reporting agency that issued the report and provided the information. You must follow any instructions and adhere to all time periods specified by the third-party vendor or consumer reporting agency for correcting any inaccurate information reported.

IF YOU DO NOT CONSENT OR DO NOT WANT eCAREGIVERS OR A SITE USERS TO PERFORM VERIFICATION AND BACKGROUND CHECKS YOU SHOULD NOT REGISTER TO USE THE eCAREGIVERS PLATFORM. YOUR CONSENT AND APPROVAL FOR eCAREGIVERS TO PERFORM VERIFICATION AND BACKGROUND CHECKS WILL REMAIN IN EFFECT SO LONG AS YOU ARE A REGISTERED USER OF THE eCAREGIVERS PLATFORM. YOU CAN WITHDRAW YOUR CONSENT AND APPROVAL FOR THESE VERIFICATION AND BACKGROUND CHECKS BY TERMINATING YOUR REGISTRATION AND REMOVING YOUR PROFILE FROM THE eCAREGIVERS PLATFORM OR CONTACT US AT support@eCaregivers.com AND REQUEST SUCH TO TERMINATE YOUR ACCOUNT. OTHERWISE YOU CONSENT REMAINS IN PLACE ONGOING.

Verification & Background Checks by Care Seekers or Care Providers:

The eCaregivers Platform includes features which enable Care Seekers and Care Providers to run background checks on Care Providers to include but not limited to criminal, driver record and professional license checks on any Care Provider that consents to having verification and background checks conducted by Care Seekers. eCaregivers has arranged for a third-party vendor, Global Verification Network (PO Box 95258, Palatine Illinois 60095 – (877) 695-1179, to conduct verification and background checks on consenting Care Providers including, but not limited to, criminal history, professional license and driver’s record license checks. The cost for conducting verification and background checks is the responsibility of the Registered User that initiates the check. eCaregivers in its sole discretion may cover the cost of a background check through Global Verification Network which will be noted on site. Care Seekers may also use any other third-party vendor or consumer reporting agency to conduct verification and background checks.

WHEN ON A PREMIUM PLAN, CARE SEEKERS MAY BE REQUIRED TO PERFORM BACKGROUND CHECK ON THE CARE PROVIDER WHEN SCHEDULING CARE IF SUCH CARE PROVIDER HAS NOT ALREADY DONE SUCH CHECK AND HAS BEEN DETERMINED TO BE ELIGIBLE TO BE ON SITE BY ECAREGIVERS AND INDICATED AS SUCH WITH A COMPLETED BACKGROUND CHECK ICON/BADGE.

WHETHER ON A BASIC OR PREMIUM PLAN, ECAREGIVERS HIGHLY RECOMMENDS THAT VERIFICATION AND BACKGROUND CHECKS BE CONDUCTED PRIOR TO ANY CARE SEEKER ENGAGING A CARE PROVIDER TO PROVIDE SERVICES TO A CARE RECIPIENT, AND AT PERIODIC INTERVALS PER USER CRITERIA FOR SUCH DURING THE COURSE OF THE RELATIONSHIP BETWEEN THE CARE SEEKER AND ANY CARE PROVIDER(S), GIVEN THAT THE INFORMATION INCLUDED IN VERIFICATION AND BACKGROUND CHECKS CAN CHANGE QUICKLY.

EVERY REASONABLE EFFORT SHOULD BE TAKEN BY CARE SEEKERS TO FULLY AND THOROUGHLY VET PROSPECTIVE CARE PROVIDERS BEFORE MEETING WITH A CARE PROVIDER OR PERMITTING A CARE PROVIDER TO ENTER THE CARE SEEKER’S AND/OR CARE RECIPIENT'S RESIDENCE.

YOU UNDERSTAND, ACKNOWLEDGE AND EXPRESSLY AGREE THAT eCAREGIVERS DOES NOT HAVE CONTROL OVER OR ASSUME ANY RESPONSIBILITY FOR THE QUALITY, ACCURACY, RELIABILITY, REPORTING OR SHARING OF ANY INFORMATION OBTAINED THROUGH OR FROM ANY VERIFICATION OR BACKGROUND CHECK COMPLETED, REGARDLESS OF WHETHER A CARE SEEKER USES ECAREGIVERS’ BACKGROUND PROCESSING THIRD-PARTY VENDOR OR A THIRD PARTY VENDOR OR CONSUMER REPORTING AGENCY OF YOUR OWN CHOOSING.

If run by a Care Seeker, the initiating Care Seeker will receive the information, verification and reports, which they can use to determine whether to move forward with establishing a relationship with a particular Care Provider. Any concerns regarding the report and/or information obtained by Care Seekers must be addressed by the Care Seeker with the third-party vendor or consumer reporting agency that issued the report or provided the information OR with the Care Provider directly and not with eCaregivers. eCaregivers has access to background checks and retains the sole right and discretion with or without cause or reason at any time without notice to remove or temporarily suspend an User account making them not eligible on the site.

If a Care Seeker rejects a prospective Care Provider or terminates an existing relationship with a Care Provider based upon the information obtained from a verification and background check, the Care Seeker may by law be required to provide the Care Provider with the name and contact information of the third-party vendor or consumer reporting agency that created the report and/or provided the information so that the Care Provider may address the report findings they disagree with the third-party vendor or consumer reporting agency. Care Seekers or the eCaregivers site depending on who requests the background check must also provide the Care Provider with a copy of any report as required by law, rule or regulation unless the third-party vendor or consumer reporting agency has already provided the Care Provider with a copy or access to the report or is otherwise responsible to do so. Any inaccuracies in the report or information provided must be addressed by the Care Provider with the third-party vendor or consumer reporting agency that issued the report or provided the information and not with eCaregivers.

Care Seekers should conduct background checks that suit them from eCaregivers site or from any site to the Care Seekers satisfaction of Care Providers suitability. eCaregivers does allow the Care Seeker to use any site they wish to conduct Background checks they wish which may be in addition to any eCaregivers site background check requirements.

eCaregivers does not have the obligation to review such checks but retains the sole right to do so at any time for any reason and may at its sole discretion remove, limit access or terminate any User after reviewing such checks.

CARE PROVIDERS HAVE THE OPTION TO AUTHORIZE AND CONSENT, OR REJECT INDIVIDUAL BACKGROUND CHECKS REQUESTS BY CARE SEEKERS, ALTHOUGH eCAREGIVERS HIGHLY RECOMMENDS THAT CARE PROVIDERS ALLOW CARE SEEKERS TO CONDUCT THESE CHECKS IF THEY WISH TO SUPPORT THEIR BEING ENGAGED BY A CARE SEEKER CARE SEEKERS.

YOU HEREBY REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE THAT VERIFICATION AND BACKGROUND CHECKS ARE NOT ALWAYS ACCURATE OR COMPLETE, OR BASED ON INFORMATION THAT IS ACCURATE OR COMPLETE, AND THAT THE SPECIFIC RECORDS SEARCHED, AND THE COMPREHENSIVENESS OF THE SEARCH, VARIES BY THE TYPE OF BACKGROUND CHECK ORDERED AS WELL AS THE STATE AND COUNTY WHERE THE CHECK IS PERFORMED. FOR EXAMPLE, SOME BACKGROUND CHECKS WILL ONLY INCLUDE FELONY CONVICTION RECORDS AND NOT MISDEMEANOR OR ARREST RECORDS. IF YOU DECIDE TO ACCESS, USE, OR SHARE INFORMATION PROVIDED BY A BACKGROUND CHECK, YOU AGREE TO DO SO ONLY IN ACCORDANCE WITH APPLICABLE LAW AND IN ACCORDANCE WITH ANY INSTRUCTIONS AND/OR GUIDANCE PROVIDED BY THE THIRD-PARTY VENDOR OR CONSUMER REPORTING AGENCY THAT PROVIDES THE REPORT OF INFORMATION. YOU AGREE TO HOLD ECAREGIVERS HARMLESS AND TO RELEASE CAREGIVERS FROM ALL LIABILITY, CLAIMS AND CAUSES OF ACTION RELATED TO OR ARISING FROM YOUR DECISION TO CONDUCT OR NOT TO CONDUCT VERIFICATION AND BACKGROUND CHECKS ON ANY CARE PROVIDER TO INCLUDE THE SHARING OF SUCH REPORTS WITH ANY PARTIES

Indemnification

BY ACCESSING AND USING THE ECAREGIVERS PLATFORM ALL VISITORS AND REGISTERED USERS AGREE TO HOLD ECAREGIVERS HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THE USE OF LACK OF USE OR ACCESS TO LINKS THAT MAY APPEAR ON THE ECAREGIVERS PLATFORM, AND TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD ECAREGIVERS, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, AMBASSADORS OR SHAREHOLDERS (I.E., INDEMNIFIED PERSONS) HARMLESS FROM ANY CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO: (1) BREACH OF THESE TERMS; (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY AS A RESULT OF YOUR OWN INTERACTION WITH THE THIRD PARTY; (3) ANY ALLEGATION THAT ANY MATERIALS THAT YOU SUBMIT OR TRANSMIT THROUGH ECAREGIVERS INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; AND/OR (4) ANY OTHER ACTIVITIES IN CONNECTION WITH THE ECAREGIVERS PLATFORM. THIS INDEMNIFICATION SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.

YOU HEREBY AGREE TO PROMPTLY DEFEND AND INDEMNIFY ECAREGIVERS FROM ANY PERSON, BUSINESS, ENTITY OR ANY THIRD PARTY OR REPRESENTED PARTY, AGAINST ANY SUCH LOSSES, CLAIMS, DAMAGES, LIABILITIES OR EXPENSES, BUT YOU WILL NOT SETTLE WITHOUT CONSULTING ECAREGIVERS AND OBTAINING ECAREGIVERS’ PRIOR WRITTEN CONSENT. YOU AGREE & AFFIRM TO BE 100% RESPONSIBLE FOR ALL LEGAL & FINANCIAL OUTCOMES AND JUDGEMENTS

ECAREGIVERS RESERVES THE SOLE AND EXCLUSIVE RIGHT TO PARTICIPATE AND TAKE CONTROL OF ITS DEFENSE THROUGH SEPARATE COUNSEL AT ITS SOLE DISCRETION.

ALL SITE VISITORS AND REGISTERED USERS AGREE, ACKNOWLEDGE & AFFIRM THE "INDEMNIFICATION TERM & CONDITION" INCLUDES AND APPLIES AND TRANSFERS TO ANY PERSON, BUSINESS, ENTITY, PARTNER, CHANNEL, AFFILIATE, OR EMPLOYEE ASSISTANCE PROGRAM PROVIDER (SUCH AS eni of VESTAL, NEW YORK) THAT HAS ENTERED INTO ANY CONTRACT RELATIONSHIP OR PARTNERING PROGRAM ON A DIRECT OR INDIRECT BASIS WITH ECAREGIVERS SUCH AS BUT NOT LIMITED TO GVN, CAPITAL WEST OR OTHERS.

Disputes & Arbitration Agreement

Disputes between Users Any issues, concerns or disputes arising between any Users such as a Care Seeker and Care Provider or a Business and Care Provider including, without limitation, the quality or services received by (them) the Business or Business’s Clients or the amount of payment due to the Care Provider, must be resolved directly by and between the (Users)Business & Care Provider. eCaregivers will not intervene in disputes between Registered Users who, as a condition of having access and using the eCaregivers Platform agree indemnify and hold eCaregivers harmless for any claim, issue, controversy or dispute that may arise between them related to use of the eCaregivers Platform or related links and third party vendors.

Agreement to Arbitrate

This Agreement contains an Agreement to Arbitrate, which will, with limited exceptions, require you to submit claims you have against eCaregivers to binding and final arbitration, unless you notify us in writing or your desire to opt out of the Agreement to Arbitrate within 30 days after the date you accept these Terms for the first time. The process to OPT OUT of the AGREEMENT TO ARBITRATE is to notify eCaregivers that you in written format by mailing us, postmarked no later than 30 Days after the date you accept these Terms to: our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com and must also copy support@eCaregivers.com. Unless you opt out: (1) you will only be permitted to pursue claims against eCaregivers on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. All Users agree to not engage in any public relations, social media or any media of any type to include announcements of any type while in arbitration.

This Section is referred to in these Terms as the Agreement to Arbitrate or “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth above, you agree that any and all disputes or claims that have arisen or may arise between you and eCaregivers.com or a eCaregivers.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Scope of Arbitration

The scope of arbitration shall be construed broadly to include any and all claims that a Registered User has or might have regarding the eCaregivers Platform or any action taken by eCaregivers regarding the Registered User’s account. The scope of arbitration shall apply to all claims now existing, known or unknown, and all future claims.

Arbitration Process

eCaregivers is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at support@eCaregivers.com

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in a court and may be overturned by a court only for very limited reasons.

To commence arbitration against eCaregivers, you must complete a short form, submit it to the AAA, and send a written copy U.S. Postal Services mailed with received receipt deliver to our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com and must copy support@eCaregivers.com

For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase

You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration will be held in Morris County, NJ if allowed by the process and eCaregivers retains the sole right to agree to hold elsewhere should this option be available to eCaregivers by this clause or other procedural process to include the possibility of in a location where you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or eCaregivers may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eCaregivers subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or eCaregivers, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different eCaregivers Users, but is bound by rulings in prior arbitrations involving the same eCaregivers User to the extent required by applicable law.

Cost of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, eCaregivers will discuss with Arbitrator the possibility of paying some or all or as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or does not rule in your favor, you agree to reimburse eCaregivers for all fees of all types associated with the arbitration paid by eCaregivers on your behalf that you otherwise would be obligated to pay under the AAA’s rules.Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator will be strictly confidential for the benefit of all parties.

If a court decides that any term or provision of this Arbitration Agreement other than is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of all remaining Terms will continue to apply.

Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms. You must mail the Opt-Out Notice to our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539- 1000, and/or at jmj@spsk.com and must copy support@eCaregivers.com.

The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and your email address(es) used to log in to the eCaregivers account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of the eCaregivers Terms will

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, eCaregivers and Users agree that if we make any changes to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against eCaregivers prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Caregivers prior to the effective date of removal.

Governing Law and Jurisdiction

These Terms, and any dispute between you and eCaregivers, shall be governed by the laws of the State of New Jersey without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by an arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Caregivers.com must be resolved exclusively by a state or federal courts located in the State of New Jersey. You and eCaregivers agree to submit to the personal jurisdiction of the courts located within the State of New Jersey for the purpose of litigating all such claims or disputes.

Prohibition of Class & Representative Actions & Non-Individualized Relief

YOU AND ECAREGIVERS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ECAREGIVERS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ECAREGIVERS USERS.

Privacy Policy

Privacy Policy Overview

eCaregivers is committed to protecting the privacy of information collected from Registered Users and shared on the eCaregivers’ Platform.  eCaregivers recognizes the sensitive nature of much of the information provided on or through the eCaregivers Platform, and eCaregivers is committed to the highest standards of privacy.

eCaregivers conforms to The Privacy Act of 1974, 5 U.S.C. § 552a. In addition, eCaregivers employs SECURE SOCKETS LAYER (SSL) ENCRYPTION on all connections to and between our servers containing PERSONALLY IDENTIFIABLE INFORMATION (PII).  eCaregivers use servers hosted by Microsoft Azure within their secure Microsoft facilities.  eCaregivers encrypts our data drives and databases eCaregivers only transmit critical information to our background check provider who also employs authenticated SSL and PII protocols. eCaregivers use Captcha to improve User validation.

Information We Collect

eCaregivers collects both “Personal Information” and “Non-Personal Information” about our Users. “Personal Information” is all the information that can be used to contact or identify a User to include but not limited to information such as full name, email address, business address, social security number, birth date, picture, and/or videos and any other related or linked information.

“Non-Personal Information” is information to include but not limited to that cannot be used to contact or identify you and is not linked to the information that can, this includes passively collected information about your actions on our site such as usage data, to the extent that information is not linked to your Personal Information. eCaregivers may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Platform, the length of time you spend on pages within the Platform, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Platform and similar information.  While all of this information can be associated with the IP address of the computer used to access the Platform, it will not be associated with you as an individual or associated with any other information you may submit through the Platform, or that eCaregivers may otherwise store about you for any other purposes. eCaregivers may use website “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Platform for the browsing convenience of Registered Users.  You have the option of setting your browser to reject cookies, but the eCaregivers Platform may not function correctly if you do so.  Refer to the Help feature of your browser for information on disabling cookies.

Site Visitors can access and browse certain portions of the Site without disclosing Personal Information, although, like most websites, we passively collect certain information from your computer, such as your IP address and web browser User agent, when you browse the Site. Visitors who access and browse the Site without registering are “Site Visitors''. In order to utilize some of the Services offered by earegivers., you must register with eCaregivers. All Users who subscribe to eCaregivers are “Registered Users”.

Information You Provide

Regardless of whether you are a Site Visitor or Registered User, you may provide Personal or Non Personal Information to us when visiting site, registering, posting a job, posting a profile, communicating through the Site, discussing care options over the phone, utilizing our mobile applications or that you otherwise provide on the Site or by phone, email or postal mail, may be stored by us. You represent and warrant to us that you have the right and authority to provide us all Personal Information you provide about yourself or others. You may provide us this Personal Information in various communicative ways such as written text, texts, video, audio, chat, telephony, and chat.

Most of the information collected comes directly from Registered Users.  Information also comes from third parties, including but not limited to governmental agencies and consumer reporting agencies or other public sources.  We may obtain information about your business or occupation, property, health, credit history and income, as well as personal identification information such as names, birth dates, addresses, social security and drivers’ license numbers, telephone numbers, and email addresses.

How We Use Your Information

To Determine Eligibility & Accuracy: The information provided by Visitors and Registered Users may be used by eCaregivers to determine eligibility to use the eCaregivers Platform and to assess the accuracy of the information included in any Registered User’s profile.

To Make Site Improvements: eCaregivers may also compile statistical information concerning usage of the eCaregivers Platform.  This information allows eCaregivers to monitor Platform utilization and to continuously improve and enhance the Platform’s features.  Examples of this information would include, but not be limited to, the number of visitors to the Platform, or to sections or pages within the Platform, patterns of traffic flowing through the Platform, length of time spent on the Platform, or in sections or pages of the Platform, the other sites that refer visitors to the Platform, the pages of the Platform that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Platform.

With other Users: You acknowledge and agree that we may disclose information we’ve collected about you to other Users and Third Party vendors to assist in the functionality of the site. This may include but not limited to: your first and last name, phone number, email address, license information, self entered information, with personally protected information such as but not limited to social security number, date of birth to only shared as needed with third party vendors to use for purposes of site functionality such as but not limited to identity checks, criminal checks and other checks. As Required by Law or for Safety Reasons: You acknowledge and agree that we may disclose information we’ve collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Ecaregivers, or a third party’s, rights or property. We may also reserve the sole right to disclose information we’ve collected about you for purposes of protecting the health and safety of our community and Registered Users, such as in the case of risk of harm or violence against any person (including you).

With our affiliates, other providers, eCaregivers – consent and agree: You acknowledge and agree that to the maximum extent permitted by law we may disclose any and all of the personal and non personal information we’ve collected about you to site Users, entities such as our affiliates or subsidiaries, 3rd parties, for the purposes of providing you with the Services, operating the Site, and our other commercial purposes as we deem appropriate to include providing you information to Headhunter, placement, or other firms that may engage you in a manner by which they operate relative to finding, placing, or securing you work as an independent consultant or employee as applicable. Absent any conflict this clause/section (with our affiliates) takes precedence in terms of your personal and non personal information as it relates to eCaregivers.

We also MAY share your Personal Information with a third party if you consent to the sharing.

Future business transactions: In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers will occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to process your Personal Information as set forth in this Privacy Policy unless such acquirer contacts you to present their Privacy Policy as an update.

Your Choices Regarding the Sharing of your Personal Information

Registered Users have control over what optional Personal Information they choose to share with us when utilizing our Services (such as pictures, certain details in a job description or profile, etc.).

Collection of Information from Children

The eCaregivers Platform is not directed at Users less than 18 years of age.  eCaregivers will not knowingly collect any personal information from anyone who accesses or uses the Platform that is under 18 years of age.  If you are concerned about access to or use of the Platform by someone in your household that is under the age of 18 years, you can use your own web- filtering technology to supervise or block their access to the Platform as well as place access codes on any device where you only know the code.

How We Protect Your Information:

Your User accounts are protected by the password you use to access your online account with eCaregivers, and we urge you to take steps to keep your password safe and hack free. If you feel your password has been compromised, you should change it immediately by logging into your account and visiting the “My Account” section. After you have finished using our Site, you should log out of your Ecaregivers account and exit your browser.

WE TAKE SOME MINIMUM PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH PRECAUTIONS SUCH AS FIREWALLS, CYBER ATTACKS AND SECURE SERVER SOFTWARE. BY USING OUR SITE, YOU ACKNOWLEDGE, RECOGNIZE AND AGREE THAT YOU UNDERSTAND AND AGREE TO ASSUME ALL THESE RISKS ASSOCIATED WITH YOUR PERSONAL AND NON PERSONAL INFORMATION SUCH THAT ECAREGIVERS HAS THE MINIMUM LEVEL OF RESPONSIBILITY AS PROVIDED BY LAW AND THIS RELEASE CLAUSE WHICH YOU AGREE SHALL TAKE PRECEDENCE AS APPLICABLE IN ALL SITUATIONS. RECENT LOSS OF PRIVATE, PERSONAL AND NON PERSONAL INFORMATION THRU MAJOR CORPORATIONS INDICATES THAT EVEN HIGH LEVELS OF SECURITY ARE VULNERABLE TO ATTACK, CYBER ATTACKS AND THUS WE ARE UNABLE TO GUARANTEE ANY PROTECTION OF INFORMATION EXCEPT THAT ECAREGIVERS WILL MAKE AN ATTEMPT TO PROTECT YOUR INFORMATION.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ANY OF eCAREGIVERS PRACTICES OR THE SECURITY OF YOUR PERSONAL INFORMATION, PLEASE CONTACT eCAREGIVERS AT 844-680-2273 OR support@eCaregivers.com.

Miscellaneous

Copyrights & Marks & Patents

Visitors and Registered Users understand and acknowledge that the software, code, proprietary methods and systems used to provide the eCaregivers Platform are: (a) copyrighted by and/or licensed to eCaregivers under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by eCaregivers or its licensors (d) Patents of any type to include Patents in process. The eCaregivers Platform may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without eCaregivers’ prior written permission and the prior written permission of eCaregivers’ licensors. Visitors and Registered Users must abide by all copyright notices, information, or restrictions contained in or attached to the eCaregivers Platform. Nothing in these Terms grant you any right to make or receive delivery of a copy of the Platform to obtain access to Platform except as generally and ordinarily permitted in accordance with these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to the eCaregivers Platform. Certain of the names, logos, and other materials displayed on the Platform constitute trademarks, trade names, service marks or logos (“Marks”) of eCaregivers, our affiliates or other entities. Visitors and Registered Users are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with eCaregivers or those other entities. The use of any third-party software provided in connection with the eCaregivers Platform is governed by such third party’s license and not by these Terms. In an effort to protect the rights of copyright owners, eCaregivers maintains a policy for the termination, in appropriate circumstances, of a Visitor or Registered User’s access to and use of the eCaregivers Platform for violations of the copyright and marks restrictions set forth above. eCaregivers’ agent for copyright issues relating to the eCaregivers Platform is as follows: Joseph Maddaloni, Jr., Esq. Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, (973) 539-1000, jmj@spsk.com with a copy to support@eCaregivers.com.

Conflict of Terms with Policy or any term ruled unlawful Users agree that any term that is ruled unlawful by a governing legal body does not impact all other terms which remain in force. Users further agree that any conflict of terms on interpretations shall be at the sole discretion of eCaregivers to determine which interpretation best support eCaregivers and User holds harmless and indemnifies eCaregivers for any and all decisions made in determining the outcome of such conflicts.

Transfer of Responsibilities

User ongoing responsibility after being a paid subscriber or site visitor remains in perpetuity or as long as the law allows. Users and anyone they introduce to the site or provide their account information to assumes all responsibility for that person or entity in its entirety and holds harmless and indemnifies eCaregivers from any and all adverse actions, liabilities that results from Users actions to include 3rd parties that access site or use site information that results but not limited to harm to people, property, reputations. Additionally, notwithstanding any other clause in these terms or laws forbidding such User is responsible for all those that interact with Care Provider and vice versa as if they were site Users themselves and are bound by the same terms herein. Users must be responsible for themselves and their actions as well as anyone they introduce to information or association to the site and thus remain bound by these Terms and thus hold harmless and indemnify eCaregivers from any and all claims of all types. Users also agree to abide by all terms post use of the site regardless of being a current or former User which of course includes all site visitors and paid subscribers.

Contact Information

If you have any questions or need further information regarding the eCaregivers or eCaregiversRecruitment platform or services, please contact eCaregivers at 844-680-2273 or email support@eCaregivers.com or mail at: 152 Speedwell Avenue, Morristown, NJ 07960.

If you have any questions about these Terms & Conditions, please contact our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com with a copy to support@eCaregivers.com

End of Terms and Conditions