Last Updated: March 26, 2020
As a site User you agree and affirm the following:
- 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 to 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)) .
- User Agrees to read the arbitration team and OPT OUT Arbitration terms.
- User agrees to fully read the eCaregivers.com Frequently Asked Questions (FAQ’s), if available, as part or 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, 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 to include but not limited to: text, chat, email, video, twitter, and telephony.
eCAREGIVERS.COM 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 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 Care Seekers, Care Businesses or Care Providers. 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 W-2.
- eCaregivers may require at its sole discretion a Care Provider to provide an address, last 4 digits of their social security, date of birth and name for purposes of reasonably matching such information for Identification purposes but carries no warranty of completeness expressed or implied. Identification verifications, if completed, are completed through an API by vendor Trulioo: www.trulioo.com which can be contacted at: firstname.lastname@example.org or +1 855 484 8800. Ultimately, eCaregivers does not verify Social Security Numbers, Birth Certificates, Drivers Licenses or any other information included on the Platform by Care Seekers or Care Providers. 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 shall be 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 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 USERS, 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
Definitions; Overview of Services; Defining the Working Relationship
- 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.
- 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.
- CARE SEEKER: Any REGISTERED USER, you 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 contacts need 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. . 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 BUSINESS: Any REGISTERED USER 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 of services.
- CARE RECIPIENT: Any individual seeking to receive care services or receiving care services from a Care Provider.
- CARE NETWORK CONTACT: Any person or entity who has been designated by a Care Seeker or Care Recipient through the Platform to have access to information such as but not limited to Care Recipient’s information, receipt of updates, and to help manage or be informed of care for a particular Care Recipient.
- CARE NAVIGATOR: An employee or independent contractor of eCaregivers who assists and provides support to VISITORS or REGISTERED USERS through e-mail, 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 USERS ABOUT CARE SERVICES, RATES, WHO TO WORK/ENGAGE WITH, SCHEDULES or PAY, AS SITE USERS RETAIN THAT ROLE AND MAKE SUCH DECISIONS.
- 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 if they exceed the IRS minimum, NOT AN EMPLOYEE OF eCAREGIVERS, in this program which rewards Care Providers for referring Care Seekers and/or Care Providers who use the site.
- 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.
- 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 onto or through the eCaregivers’ Platform.
Overview of Services & Features
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 a Care Providers’ location, experience, skills, requested rate, last login date, and other collected information is used to match 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.
- Care Navigator: 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. The Care Navigator may also assist on 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. Care Navigators are also available to also assist with platform related technical or administrative matters. 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.
- Telephone/Video Interviewing: The eCaregivers’ Platform enables Care Seekers and Care Providers to communicate with each other directly during the screening, interviewing and selection stages of the process. The Platform supports both video and telephone interviewing.
- Criminal Background Checks & Drivers Record Checks: Through its third-party vendor, Global Verification Network, the eCaregivers’ Platform enables Care Seekers to run optional criminal background checks and driver’s record checks on prospective Care Providers who permit Care Seekers to conduct these checks. eCaregivers encourages all Care Providers to allow Care Seekers to conduct these checks and encourages all Care Seekers to exercise their option to do so; however, the decision to allow these checks to be conducted and/or to actually complete them is left exclusively to the Care Providers and Care Seekers. eCaregivers does not have the obligation but retains the right to view background check results of checks run by Care Seekers and has the sole and exclusive right to retain actions it deems necessary based on these results.
- Scheduling: The eCaregivers Platform 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, arrivals, departures, no-shows, lateness or quality or quantity of work performed or not performed.
- Automated Notifications: The eCaregivers Platform 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.
- Mobile Application: eCaregivers 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.
Defining the Working Relationship
eCaregivers does not serve as an employer of any Care Providers or otherwise control their hours of work or compensation. 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 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).
- eCaregivers offers Care Seekers and Care Providers two relationship models/options to choose from: A Full Service Pay Model and a Direct Pay Model. Care Seekers and Care Providers are solely responsible for determining which model is best suited for them. eCaregivers does not direct or control the relationship established by the Care Seeker and the Care Provider. Regardless of the model chosen, Care Seekers and Care Providers are fully in control of their relationship and are solely responsible to each other and to others for the relationship that they establish. Care Providers operate independently of eCaregivers and are not under our 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. Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by and between the Care Seeker and the Care Provider or engaging entity or persons.
- Direct Pay Model – 1099 Payments - other: The Direct Pay Model Option is used when the Care Provider is engaged by the Care Seeker as an independent contractor or other relationship chosen by the parties. Under the Direct Pay Model Option, the Care Seeker will trigger payments to the Care Provider and to eCaregivers using Stripe, a well known financial processor. Stripe will then pay the Care Provider and eCaregivers’ fee on behalf of the Care Seeker. eCaregivers does not control the payment processing nor does eCaregivers take possession of any funds (other than eCaregivers’ fee). With the Direct Pay Method 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 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 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 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 interested in using the Direct Pay Option should consult with a lawyer, accountant or other professionals.
- CARE SEEKERS THAT USE THE DIRECT PAY METHOD MAY BE HELD RESPONSIBLE FOR PAYROLL AND INCOME TAXES, AS WELL AS MINIMUM WAGE AND OVERTIME PAYMENTS. CARE SEEKERS INTERESTED IN USING THE DIRECT PAY METHOD SHOULD CONSULT WITH THEIR LEGAL OR ACCOUNTING PROFESSIONALS BEFORE ENGAGING A CARE PROVIDER ON A DIRECT PAY BASIS.
- Full Service Pay Model – W2 Payments: The Full Service Pay Model Option is used when the Care Provider is engaged by the Care Seeker as an employee. Under the Full Service Pay Model Option, the Care Seeker will pay the Care Provider using HomeWork Solutions, a well-known payroll provider, for which the Care Seeker will pay any additional outlined fees. eCaregivers does not control the payment processing nor does eCaregivers take possession of any funds (other than eCaregivers’ fee). All Care Provider pay and eCaregiver’s fees are processed through HomeWork Solutions, which will deduct and remit taxes and withholdings specified by the Care Seeker and Care Provider respectively, 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. The commuting Care Provider is paid for all hours worked for each hourly shift at the agreed upon hourly rate, with an overtime premium of 1½ times the agreed upon hourly rate paid for any hours worked over 40 in a work week. The work week is defined as Friday through Thursday. Live-In Care Providers are paid at a day rate not including overtime. Overtime for Live-Ins may be manually tracked and calculated by the Care Seeker and applied to each day by changing the pay rate 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 they will be automatically approved. Charges to Care Seeker for Care Provider services and eCaregivers fee will be withdrawn by HomeWork Solutions approximately on the Tuesday after the end of the work week with the Care Provider pay being deposited on Friday one week after the end of the work week. Charges and payments are withdrawn & deposited electronically from the Care Seeker’s account and to the Care Provider’s accounts as noted on their respective profiles. Care Seekers interested in using the Full Service Pay Option should consult with a lawyer, accountant or other professionals.
- 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 providers engaged by a Care business: Both parties will be responsible for determining the relationship and how they will engage each other.
Eligibility/Use of Platform; Representations and Warranties:
To be eligible to use the eCaregivers’ Platform, you must 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.
- All users, who they represent, and anyone with access to the premsises 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 work place.
- You must not be a competitor of eCaregivers.com or using our Services for reasons that are in competition with eCaregivers.com or for your personal or business financial profit unless such use is approved in writing under contract by eCaregivers.com.
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.
- 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.com.
- You will not provide inaccurate, misleading, defamatory or false information to eCaregivers.com 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.com.
- You understand and agree that eCaregivers.com 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.com violates these Terms and Conditions, or which eCaregivers.com 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.com 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.com are those of their respective authors / site users. Such authors / site users are solely and personally responsible for such content. eCaregivers.com 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.com 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.com 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 to remove any content we wish for any reason. We also reserve the sole and exclusive right to end any users account for any reason at any time with or without notice. In both cases under this paragraph no refunds will be made to user.
A. If you are a Care Seeker, you 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 contacts need 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. .
B. 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).
C. 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 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.
D. You are solely responsible for all 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.
By using the eCaregivers’ Platform, you agree that you will not under any circumstances:
- As a Care Seeker or Care Provider establish or engage in a direct or indirect relationship with a Care Seeker or Care Provider off the platform, to be defined as paying or receiving payments for Care Services off the platform, effectively allowing a Care Seeker to avoid and/or interfere with the payment of fees to eCaregivers as required for use of the eCaregivers’ Platform. All Care Seekers agree and affirm that in states where the law allows for it, such avoidance or interference with the payment of fees to eCaregivers will result in a penalty charge of $2,500.00 to be charged to the Care Seeker’s credit card immediately, with or without notice. All Care Seekers and Care Providers also agree and affirm that their eCaregivers account access will be terminated immediately 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, AS NECESSARY TO PROTECT THE PLATFORM FROM HACKING, MISUSE OR MISAPPROPRIATION, OR AS NECESSARY TO PROTECT REGISTERED USERS FROM PROHIBITED USES AND ACTIVITY.
User Type Specific Terms- 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 Terms outlined above:
- You will promptly notify eCaregivers at email@example.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 locating, vetting, determining suitability, and 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 be Registered Users of the eCaregivers’ Platform and must comply with these Terms.
- eCaregivers does NOT provide Care Providers with any benefits including but not limited to: insurance coverage, health and medical insurance, liability insurance, Workers’ Compensation or occupational/accident insurance. All benefits, if any provided or required by law, must be provided by the Care Seeker.
- IF YOU AND THE CARE PROVIDER ELECT THE FULL-SERVICE PAY MODEL, 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. YOU MAY ALSO BE REQUIRED TO PAY THE CARE PROVIDER OVERTIME AFTER 40 HOURS WORKED IN ANY WORK WEEK. THE ECAREGIVERS’ PLATFORM ENABLES YOU TO ADDRESS THESE OBLIGATIONS AND RESPONSIBILITIES FOR A FEE THROUGH THE USE OF HOMEWORK SOLUTIONS, WHICH IS A THIRD-PARTY PAYROLL PROCESSING COMPANY. YOU MAY ALSO BE REQUIRED BY LAW OR REGULATION AND NEED TO COMPLY IF YOU ARE TO PROVIDE BENEFITS OR INSURANCES OF ANY TYPE.
- EVEN IF YOU AND THE CARE PROVIDER ELECT THE DIRECT PAY MODEL, YOU MAY STILL BE CONSIDERED THE CARE PROVIDER’S EMPLOYER AND YOU MAY STILL BE HELD RESPONSIBLE FOR PAYROLL AND INCOME TAXES AS WELL AS MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS. YOU MAY ALSO BE RESPONSIBLE FOR OVERTIME PAYMENTS AND FOR ANY WORK-RELATED INJURIES SUSTAINED BY THE CARE PROVIDER WHILE PROVIDING SERVICES TO YOU.
- You are responsible for, and agree to allow and approve all payments to Care Providers for any and all Care Services rendered to be processed through the eCaregivers platform including paying the eCaregivers’ platform fees & related processing fees. eCaregivers platform fees are 10% for Direct Pay relationships and 20% for Full Service Pay relationships. Stripe credit card processing fees are also applicable on Direct Pay relationships and will be noted with each charge.
- You affirm that eCaregivers does not handle or 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. You are at all times solely responsible for the compensation to be paid to Care Providers and for all fees associated with your use of the Platform and any optional selections made such as criminal and drivers silence checks, pay method, etc.
- You should consult professionals such as but not limited to lawyers, accountants and other professionals to be compliant with any applicable rules, regulations, and governing authorities that may apply to the relationship you create with a Care Provider.
- You will not under any circumstances establish or engage in a direct or indirect relationship with a Care Provider off the platform, to be defined as paying for Care Services off the platform, effectively avoiding and/or interfering with the payment of fees to eCaregivers as required for use of the eCaregivers’ Platform. You agree and affirm that in states where the law allows for it, such avoidance or interference with the payment of fees to eCaregivers will result in a penalty charge of $2,500.00 to be charged to your (the Care Seeker’s credit card) immediately, with or without notice and you agree and affirm that their eCaregivers account access will be terminated immediately therefore negating their ability to engage any other Care Providers at that time or in the future for Care Services.
User Type Specific Terms - 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 firstname.lastname@example.org 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 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.
- You will not receive any benefits, payments or compensation from eCaregivers.
- 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 manner.
- eCaregivers assumes no responsibility connecting you with Care Seekers. You are solely responsible for locating, vetting and engaging Care Seekers interested in your services by using the eCaregivers’ Platform or other sources to your satisfaction.
- eCaregivers assumes no responsibility for 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 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.
- IF YOU ARE NOT A SELF-EMPLOYED CARE PROVIDER OPERATING A BUSINESS AS AN INDEPENDENT CONTRACTOR THEN YOU SHOULD ONLY AGREE TO BE ENGAGED AS AN EMPLOYEE OF THE CARE SEEKER/Care Business. AS AN EMPLOYEE OF THE CARE SEEKER OR CARE BUSINESS, YOU WILL HAVE CERTAIN DEDUCTIONS TAKEN FROM YOUR PAY INCLUDING BUT NOT LIMITED TO INCOME AND PAYROLL TAXES, MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS. YOU MAY ALSO BE ENTITLED TO OVERTIME 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. IT IS YOUR RESPONSIBILITY TO KNOW WHAT BENEFITS YOUR EMPLOYER WILL PROVIDE OR NOT PROVIDE.
- IF YOU ARE SELF-EMPLOYED AND OPERATING YOUR OWN BUSINESS AS AN INDEPENDENT CONTRACTOR, AND YOU ARE ENGAGED BY THE CARE SEEKER OR CARE BUSINESS ON THAT BASIS, YOU WILL BE PAID FOR WORK PROVISIONED BY THE CARE SEEKER or CARE BUSINESS YOU ENGAGED AND 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 UNEMPLOYMENT INSURANCE OR ANY BENEFITS OF ANY TYPE.
- Regardless of whether you are engaged by a Care Seeker / Care Business as an employee or an independent contractor, 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.
- 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.
- 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.
- 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 should consult professionals such as but not limited to lawyers, accountants and other professionals to be compliant with any applicable rules, regulations etc. that may apply to the relationship you create with a Care Seeker and Care Recipient.
- By using the eCaregivers’ Platform, you agree that you will not under any circumstances establish or engage in a direct or indirect relationship with a Care Seeker off the platform, to be defined as paying or receiving payments for Care Services off the platform, effectively allowing a Care Seeker to avoid and/or interfere with the payment of fees to eCaregivers as required for use of the eCaregivers’ Platform. You also agree and affirm that your eCaregivers account access will be terminated immediately therefore negating their ability to engage at that time or in the future for jobs or Care Services. With the exception, that you ARE allowed to engage and be paid off the platform by Care Businesses, as defined previously in the Definitions Section.
User Type Specific Terms- Ambassador Program (Optional for Care Providers):
User Type Specific Terms- Ambassador Program (Optional for Care Providers):
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 $5 for each of their referrals who completes a profile. A profile is considered complete when the referral has been Identity Verified. Payments are processed from eCaregivers to the Care Provider through Stripe monthly on the 1st of the month. As with all Stripe payments, payments process within 2-10 business days depending on the account.
If you choose to 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 if exceeding the IRS minimum. 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 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;
- 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 Specific Terms - Care Businesses:
Billing Payment / Payments - If you sign up for an eCaregivers.com paid membership subscription, you agree to pay eCaregivers.com 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.com 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.com 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.com 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.
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 cancelled 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, Upgrades / Downgrades and Cancellation -
- eCaregivers.com paid membership subscriptions will continue indefinitely until cancelled 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.
- 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 pro-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 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 support2@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 cancelled 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.
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 all Care Providers in accordance with your business practices to include compliance with all 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. All Care Businesses should consult professionals including, but not limited to lawyers, accountants 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
The eCaregivers Platform endeavors to always be fully operational and working. However, due to acts of god, 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 any information 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 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 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.
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, such as 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 or Home Work Solutions (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.
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.
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.com, 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.COM 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.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, 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.COM 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.COM 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 SERVICES OR ANY INTRODUCTIONS OR REFERRALS TO INCLUDE BUT NOT LIMITED TO ANY MEMBER OF A HOUSEHOLD, 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 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 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 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 Fair Credit Reporting Act 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.COM 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 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.com 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
Verification & Background Checks by eCaregivers:
AS A CONDITION OF USING THE ECAREGIVERS PLATFORM, ALL REGISTERED USERS CONSENT AND AGREE TAHT ECAREGIVERS HAS THE OPTION AND RIGHT, BUT NOT THE OBLIGATION, TO USE A THIRD PARTY VENDOR OR A CONSUMER REPORTING AGENCY AT ECAREGVERS’ EXPENSE ON AN INITIAL, PERIODIC, or SPORADIC BASIS TO CONDUCT VERIFICATION AND/OR BACKGROUND CHECKS ON YOU TO VERIFY YOUR IDENTITY AND THE EPRSONAL INFORMATION PROVIDED upon your registration with eCaregivers including, but not limited to Social Security Number, address, phone number, licenses or certifications, education, training, driving record, and work and personal references. The results of these verification and background checks are not shared with other Registered Users and are used solely by eCaregivers for determining a person or entity’s eligibility to be a Registered User of 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 right 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 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. 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 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 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
Verification & Background Checks by Care Seekers: The eCaregivers Platform includes an optional feature, which enables Care Seekers to run social security number verification, background checks and drivers license record 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 and driver’s license checks. Care Seekers may also use any other third-party vendor or consumer reporting agency to conduct verification and background checks.
CARE SEEKERS ARE NOT REQUIRED TO PERFORM VERIFICATION AND BACKGROUND CHECKS ON CARE PROVIDERS, ALTHOUGH 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 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.
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 and not with eCaregivers. eCaregivers has access to background checks but does not actively review them as that is the responsibility of the Care Seeker who orders the checks. 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. The cost for conducting verification and background checks is the sole responsibility of the Registered User that initiates the check.
CARE PROVIDERS ARE REQUIRED TO CONSENT TO VERIFICATION AND BACKGROUND CHECKS BEING CONDUCTED BY CARE SEEKERS WHEN CARE SEEKERS REQUIRE SUCH AS PART OF AN OFFER, ALTHOUGH eCAREGIVERS HIGHLY RECOMMENDS THAT CARE PROVIDERS ALLOW CARE SEEKERS TO CONDUCT THESE CHECKS CARE PROVIDERS HAVE THE OPTION OF NOT AGREEING TO ANY CHECK(S) BY NOT ACCEPTING OFFERS THAT INCLUDE BACKGROUND CHECK REQUESTS.
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 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 have the right to use any Background Check Company they wish and do not have to use the eCaregivers platform for such and can still use other eCaregivers platform features.
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. Care Seekers should conduct background checks that suit them from eCaregivers site or 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.
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 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 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.
ECAREGIVERS RESERVES THE 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 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.
Disputes & Arbitration Agreement
Disputes between Users
Any issues, concerns or disputes arising between a Business and Care Provider including, without limitation, the quality or services received by the Business or Business’s Clients or the amount of payment due to the Care Provider, must be resolved directly by and between the 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 us 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 email@example.com Unless you opt out: (1) you will only be permitted to pursue claims against eCaregivers.com 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 any public relations 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.
eCaregivers.com 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.com, 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 firstname.lastname@example.org.
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 does retain 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.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eCaregivers.com 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.com, 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.com users, but is bound by rulings in prior arbitrations involving the same eCaregivers.com 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.com 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.com for all fees of all types associated with the arbitration paid by eCaregivers.com 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.
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 email@example.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.com 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.com Terms will
Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, eCaregivers.com 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.com 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 eCaregivers.com prior to the effective date of removal.
Governing Law and Jurisdiction
These Terms, and any dispute between you and eCaregivers.com, 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.com 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.COM 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.COM 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.COM USERS.
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.
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 web site “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 Ecaregivers.com, you must register with eCaregivers.com. All users who subscribe to eCaregivers.com 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 to assist in the functionality of the site. This may include but not limited to : your first and last name, phone number, email address, self-entered license information, last four digits of your social security number, date of birth.
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.com, 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.com – 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 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 at it relates to ecaregivers.com.
We also MAY share your Personal Information with a third party if you consent to the sharing.
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 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.
How We Protect Your Information:
Your user accounts are protected by the password you use to access your online account with eCaregivers.com, 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.com 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 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.COM 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 AND THUS WE ARE UNABLE TO GUARANTEE ANY PROTECTION OF INFORMATION EXCEPT THAT ECAREGIVERS.COM 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 Option 4 OR support@eCaregivers.com.
Copyrights & Marks
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, firstname.lastname@example.org.
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 the sole discretion of eCaregivers.com to determine which interpretation best support eCaregivers.com and user holds harmless and indemnifies eCaregivers.com 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.com 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.com 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.
If you have any questions or need further information regarding the eCaregiversRecruitment platform or services, please contact eCaregivers at 844-680-2273 Option 4 or email email@example.com.
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 firstname.lastname@example.org.
End of Terms and Conditions