Acceptance of Terms

These Terms of Use (the “Agreement” or “Terms”) outline the terms and conditions under which individuals residing within the United States may access and use the Findmeacaregiver.com website (the “Site”) and the associated services (the “Services”). Certain Services offered by Findmeacaregiver.com may be governed by additional policies, rules, or conditions, which users may be required to accept to access those particular Services (referred to as “Additional Terms”). These Additional Terms will be made available in the relevant Service documentation, either in print or online.

• Agreement to Terms: By accessing or using the Site or Services, you affirm that you have read, understood, and agree to be bound by these Terms, along with any applicable Additional Terms, regardless of whether you register for an account (thus becoming a “Registered User”).
• Arbitration Agreement: This Agreement includes a provision for arbitration that requires most claims against Findmeacaregiver.com to be resolved through binding and final arbitration, with limited exceptions. You may opt out of this arbitration requirement as detailed in Section 13 (“Agreement to Arbitrate”). Unless you opt out, you are restricted to pursuing claims or seeking remedies individually, and not as part of any class or representative legal proceeding.
• Privacy Policy: These Terms also incorporate the Findmeacaregiver.com Privacy Policy. If you disagree with any part of these Terms, the Privacy Policy, or any Additional Terms, you should refrain from using the Site or Services.
• Modifications to Terms: Findmeacaregiver.com reserves the right to modify these Terms at any time. Material changes to these Terms will be communicated via email to the address associated with your account, or through a prominent notice posted on the Site. Such changes will be effective at least 30 days after notification. Non-material changes or clarifications will take effect immediately upon posting. You are encouraged to review the Terms periodically at www.findmeacaregiver.com/about/terms-of-use. Continued use of the Site or Services after the effective date of any changes signifies your acceptance of those changes. These Terms supersede any previous versions.
• Definition of “Site” and “Services”: For the purposes of this Agreement, “Site” refers to www.findmeacaregiver.com, as well as any associated websites, mobile applications, and other online platforms operated by Findmeacaregiver.com that link to these Terms. “Services” refers to the various services provided by Findmeacaregiver.com via the Site or other communication channels, including telephone support.
• Exclusions: The term “Site” and “Services” does not apply to any websites, mobile apps, or services operated by Findmeacaregiver.com that have separate terms of service, unless those terms specifically incorporate these Terms by reference.

1. Overview of Services; Limitations; User Responsibilities

1.1 Description of Services

Findmeacaregiver.com provides a range of services designed to assist individuals and entities in finding, coordinating, and managing care services. Our offerings include the following:

• Platform for Care Seekers and Care Providers: We offer a platform where individuals seeking care services (e.g., personal care, senior care, special needs assistance, and housekeeping services) and organizations offering care services (e.g., in-home care agencies, senior living facilities) can connect. Care Seekers can post job listings, search for, filter, and communicate with Care Providers, while Care Providers can create profiles, search for job opportunities, and apply to positions.
• Care Provider Directory: We maintain a directory of organizational Care Providers, such as in-home care agencies and senior care housing services, which users may contact or request information from.
• Online Community for Registered Users: We offer an online community where Registered Users can interact, share information, and connect with others who have similar interests or needs.

Our Services are continually evolving, and we encourage you to refer to the Site for further details about the offerings.

1.2 Limitations of Our Services

While we strive to provide valuable tools for users seeking and offering care services, the following limitations apply to our Services, except where explicitly stated otherwise in these Terms, any Additional Terms, or on the Site:

• No Employment Relationship: Findmeacaregiver.com does not employ any Care Providers and is not responsible for the actions of any Care Seeker, Care Provider, or other users of the Site or Services. Care Seekers are solely responsible for ensuring compliance with all relevant employment laws, including but not limited to tax, wage, and employment discrimination laws (e.g., Ban-the-Box, Fair Chance policies).
• User-Generated Content: The content submitted by Care Seekers and Care Providers is primarily user-generated. We do not control, verify, or ensure the accuracy of this content. Consequently, we do not assume responsibility for the reliability, completeness, or accuracy of any information posted by users, whether on or off the Site.
• No Referral or Recommendation: We do not endorse, refer, or recommend any specific Care Seekers or Care Providers, nor do we make any claims regarding the suitability, reliability, or timeliness of their services. Any background checks or screening we perform on Care Seekers or Care Providers are limited in scope and should not be viewed as definitive assessments of the individual’s or entity’s suitability for employment or care provision.
• Not an Employment Agency: We are not an employment agency, and we do not assist in procuring or securing employment for Care Seekers or opportunities for Care Providers. We do not mediate employment relationships between Care Seekers and Care Providers.
• No Supervision of Care Providers: We do not oversee or regulate the quality, timing, pay, or legality of services provided by Care Providers. We do not require Care Providers to accept any job offers or provide services, and we are not responsible for managing their work schedules or terms of service.
• No Medical or Clinical Services: Our platform does not offer medical, diagnostic, treatment, or clinical services, nor do we engage in any activities that would require a professional license (e.g., healthcare provision or medical advice).
• Verification of Information: For certain Registered Users, we may offer the option to verify specific information, such as email addresses, phone numbers, or state licenses (for child care centers). If we indicate that such information has been verified, it means the user has followed the established verification process. However, we do not guarantee the accuracy or ownership of this information.

1.3 User Responsibilities
Registered Users are solely responsible for conducting interviews, performing background and reference checks, verifying the accuracy of the information provided by, and selecting an appropriate Care Seeker or Care Provider for their personal or family needs. The sole exception to this responsibility arises when a third-party service provider, contracted by Findmeacaregiver.com or one of its affiliates to facilitate the Backup Care Service, selects a specific Backup Care Provider from the agency to provide backup or senior care services on behalf of the Registered User. In such instances, the agency, not the Registered User, assumes responsibility for screening the selected Backup Care Provider.

2. Eligibility to Use the Site and Services
   By requesting access to, registering for, and/or utilizing the Site or the Services, you represent and warrant that you possess the legal right, authority, and capacity to enter into this Agreement, and you agree to comply with all terms and conditions herein. Additionally, you represent and warrant that you satisfy the following eligibility criteria:

• You intend to use the Site and Services exclusively for the purpose of finding or managing care-related jobs or for locating or sharing information related to care services.
• The Services are available solely to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, you are prohibited from registering for or using the Site or Services.
• The Site and Services are only accessible to individuals who are lawfully residing in the United States or the territory of Puerto Rico.
• If you are registering as a Care Provider, you must be legally authorized to work within the United States or Puerto Rico.
• Neither you nor any individual residing in your household has ever been:
  • the subject of a conviction, arrest, charge, complaint, restraining order, or any other legal action related to:
    • a felony offense;
    • any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, theft, drug-related offenses, or
    • any unlawful act that endangers the safety of others, involves fraud, dishonesty, or reckless or negligent behavior.
  • required to be, or currently registered as, a sex offender with any government authority.

3. User Conduct and Use of Services Rules

3.1 User Registration, Content Submission, and Prohibited Activities

This section governs “Content,” which refers to any communication, images, videos, sounds, data, materials, or information that you upload, transmit, or post through the Site or Services, whether to Findmeacaregiver.com or other users, or that other users transmit to or post on the Site. This includes, without limitation, content such as text, images, audio, videos, reviews, profiles, or any other data or material submitted (referred to as “Post” or “Posted”).

• The Content you post, upload, or transmit through the Site or Services is solely intended for the purpose of finding or managing caregiving services, care-related jobs, or for sharing information relevant to care services.
• You are responsible for ensuring that all information provided during your registration or in the use of the Site and Services is accurate, complete, and up to date.
• You must register your account using your true and legal name, even if you are seeking care for another individual or family member.
• Unless explicitly authorized by Findmeacaregiver.com, all Content must be in English, as the Site and Services are primarily supported in this language.
• You hold full responsibility for any Content you post or transmit on the Site. You agree not to upload or transmit any Content that is defamatory, false, abusive, offensive, obscene, profane, sexually explicit, threatening, harassing, discriminatory, or illegal. This includes Content that infringes the rights of others, such as intellectual property rights, privacy rights, or publicity rights. Additionally, you agree not to promote any illegal activities, including but not limited to copyright violations or unauthorized access to computer systems, or to mislead others into thinking Content originates from Findmeacaregiver.com when it does not.
• You must not provide false, misleading, or defamatory information to Findmeacaregiver.com or other Site users. All opinions expressed in your Content must reflect your genuine beliefs. You further warrant that you have the authority to post any information about yourself or others, including, if applicable, obtaining consent from a parent or guardian for any minor featured in Content you post.
• You understand and acknowledge that Findmeacaregiver.com may, at its sole discretion, monitor, modify, or remove any Content that it deems to be in violation of these Terms or otherwise offensive, inappropriate, unlawful, or harmful to users’ rights or safety.
• By posting Content on the Site, you grant Findmeacaregiver.com and its affiliates, successors, and licensees a non-revocable, perpetual, transferable, worldwide, royalty-free license to use, distribute, reproduce, modify, perform, display, and prepare derivative works based on your Content. You also grant Findmeacaregiver.com the right to sublicense the aforementioned rights to third parties.
• You represent and warrant that the Content you post does not infringe the rights of any third party and that you have the right to publicly post and share such Content without any obligations to third parties.
• All use of the Site and Services, including the posting of Content, must comply with applicable legal and regulatory requirements.
• We welcome feedback and suggestions about the Site and Services. By submitting any comments, ideas, or suggestions through any medium (e.g., via the Site, email, social media, or other communication channels), you acknowledge that such submissions become the exclusive property of Findmeacaregiver.com. Findmeacaregiver.com may freely use, modify, or distribute these communications without any obligation to compensate or notify you.

Responsibility for Content Accuracy and Third-Party Information

Since the content generated by Care Seekers and Care Providers is primarily user-submitted, Findmeacaregiver.com does not oversee or validate the accuracy of such content. As a result, we expressly disclaim any responsibility for the reliability or correctness of information submitted by users, whether posted on the Site, transmitted through the Services, or shared in other forums. This includes content that may contain inaccuracies, misrepresentations, or defamatory statements.

By using the Site or Services, users acknowledge and agree to indemnify and hold Findmeacaregiver.com harmless from any liability arising from inaccuracies, misrepresentations, or any potentially harmful or defamatory remarks made by or on behalf of users within these platforms.

Third-Party Views and User-Generated Content

The opinions, advice, statements, offers, or other content accessible on the Site or through the Services, which are not directly provided by Findmeacaregiver.com, represent the views of the respective individuals or entities responsible for them. These third-party authors are solely accountable for the content they post. Findmeacaregiver.com does not guarantee the accuracy, completeness, or reliability of such third-party information, nor does it endorse or assume any responsibility for the views expressed by these individuals or organizations.

Limitation of Liability for User-Generated Content

Findmeacaregiver.com and its affiliates will not be held liable for any damages or losses resulting from: (a) your reliance on any user-submitted content or information posted on the Site, or (b) reviews, opinions, or feedback shared by other users through the Services.

Additionally, Findmeacaregiver.com is under no obligation to remove any reviews or content associated with you or others on the Site. If you dispute any review, you may submit a response or rebuttal, provided it adheres to these Terms of Use. You are prohibited from terminating and re-registering to circumvent negative reviews linked to your account. However, the author of any review retains the right to remove or request the removal of their submission at any time.

3.2 Authorized Use of Services

As a Care Seeker, you are permitted to use the Site and Services exclusively for the purpose of securing care for yourself, your immediate family members (such as parents, children, grandchildren), individuals for whom you hold legal guardianship, or children of another Care Seeker with whom you are coordinating shared child care. As a Care Provider, you are authorized to use the Site and Services solely to find employment opportunities related to care work for yourself. You are solely responsible for all activities associated with your account, and you may not transfer or assign your account to any third party or entity.

3.3 Prohibited Activities

By accessing or using the Site and Services, you agree not to engage in any of the following actions:

• Utilize the Site, Services, or any related content in a manner that is abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable, including but not limited to content that is discriminatory based on race, gender, religion, or any other protected class.
• Use the Site or Services for illegal purposes, fraudulent activities, or for any reason unrelated to the pursuit of caregiving services as intended by Findmeacaregiver.com.
• Engage in any form of harassment, abuse, or harm directed at other users, or attempt to do so.
• Access another user’s account without authorization.
• Provide false, misleading, or inaccurate information during the account registration process, while using the Services, or when communicating with other users of the Site.
• Attempt to bypass any account suspension or termination by re-registering on the Site, or terminate your account and re-register to avoid reviews or other consequences associated with your account.
• Disrupt or attempt to disrupt the functionality of the Site or the Services in any manner.
• Make automated or excessive use of the system, or take actions that may put an undue strain on our servers or network infrastructure, as determined by Findmeacaregiver.com.
• Attempt to bypass or evade any restrictions, such as robot exclusion protocols or other access limitations, or use automated tools, such as web crawlers or scraping technologies, to gather or manipulate data on the Site.
• Use the communication features of the Site for unauthorized commercial purposes, unless explicitly allowed by Findmeacaregiver.com.
• Publish or link to any malicious content that could potentially damage, disrupt, or compromise the functionality of other users’ devices or the Site itself.

To safeguard the integrity of our platform and protect users from prohibited conduct, Findmeacaregiver.com reserves the right to implement measures, including but not limited to limiting the volume of messages that a user can send within any given 24-hour period, based on our sole discretion and assessment of what is appropriate.

If Findmeacaregiver.com determines, in its sole discretion, that you have violated any provisions of this Section or any other part of these Terms, we reserve the right to immediately suspend or terminate your access to the Site and Services. By accessing and using the Site and/or Services, you agree that Findmeacaregiver.com may charge you a fee of $10,000 per day for each instance in which you: (i) retain, share, or use Care Provider or Care Seeker information (including but not limited to names, contact information, or email addresses) or any content obtained through scraping—whether manually or automatically—of the Site, or (ii) improperly use or misappropriate Site Content, including but not limited to its use on any competing or third-party websites. This fee shall be in addition to any other rights or remedies available to Findmeacaregiver.com under these Terms or applicable law. Moreover, to preserve the security and functionality of the Site and Services, Findmeacaregiver.com reserves the right to block access to the Site from specific IP addresses at its sole discretion, as necessary.

4. Termination

Findmeacaregiver.com retains the exclusive right, at its sole discretion, to immediately suspend or terminate your access to any or all parts of the Site and/or Services, remove your profile and/or any content you have posted, and/or deactivate your account, with or without prior notice and for any reason, or even no reason at all, as determined by Findmeacaregiver.com. This includes, but is not limited to, situations where Findmeacaregiver.com believes that you are ineligible to use the Services, have breached any of the terms outlined in these Terms or any Additional Terms, or are deemed unsuitable for participation as a Registered User. Furthermore, Findmeacaregiver.com may terminate your access if you misuse or misappropriate Site content, including but not limited to using it on a “mirrored,” competitive, or third-party platform.

Upon termination of your account, Findmeacaregiver.com is not obligated to provide you with a copy of any content you have posted or that is associated with you on the Site. Additionally, Findmeacaregiver.com is not required to inform you of the specific reasons for your account termination.

You acknowledge and agree that, after termination of an individual’s access to the Site or Services, Findmeacaregiver.com may, but is not obligated to, notify other Registered Users with whom we believe the terminated individual has communicated. The decision to terminate a user’s account or notify others does not imply any judgment regarding that individual’s character, reputation, or personal qualities.

5. Privacy

Findmeacaregiver.com collects, uses, and processes the information you provide through the Site or Services in accordance with our Privacy Policy. For additional details, please refer to our full Privacy Policy, which is incorporated into these Terms by reference.

6. Links to External Sites

The Site may contain links to external websites or include advertisements and third-party content, which are provided solely for your convenience and reference. These links do not imply any endorsement or approval by Findmeacaregiver.com of the linked sites, their content, products, services, or advertisements. Findmeacaregiver.com does not control, monitor, or assume responsibility for the content or practices of external websites. Each external site is governed by its own terms of use and privacy policy, which are separate from these Terms and our Privacy Policy.

Findmeacaregiver.com expressly disclaims any responsibility or liability for any damages or issues that may arise from your use of or viewing any third-party links provided on this Site. By using the Site, you agree to hold Findmeacaregiver.com harmless from any liability related to external links.

8. Payment And Refund Policy

In order to utilize some Findmeacaregiver.com Services or product offerings, the user of such Services or product offerings must pay Findmeacaregiver.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. Notwithstanding the foregoing, for certain Care Seekers who enroll in Findmeacaregiver.com and receive access to a paid membership subscription through their employer’s benefits program, the related subscription fee is paid by their employer, and the Care Seeker has no obligation to pay the automatically renewing subscription fee associated with such subscription so long as the subscription remains part of the employer’s benefits program.

8.1 Billing and Payment

If you sign up for a Findmeacaregiver.com paid membership subscription (and thereby become a “Member”), or for a Service or product that includes a recurring fee, you agree to pay Findmeacaregiver.com all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Findmeacaregiver.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Findmeacaregiver.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 non-recurring fee, you authorize Findmeacaregiver.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Findmeacaregiver.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 or products you purchase.

Findmeacaregiver.com reserves the right to establish or change fees for any or all services or goods obtained through the use of the Site and/or Services at any time.  Findmeacaregiver.com will use reasonable efforts to inform you of such fees, but you will be responsible for all fees incurred under your account regardless of your specific awareness of those fees.

8.2 Automatic Subscription Renewal and Cancellation

ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. 

FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. 

FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT. 

You further agree that Findmeacaregiver.com may from time to time change the amount of any recurring fee to which you previously agreed as part of an automatically renewing subscription.  We will notify you about increases in recurring fees by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated fees and/or their associated Additional Terms, on our Site.

You may cancel your paid membership subscription at any time by following the instructions on your account settings page. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will 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.

8.3 Installment Plan Options

From time to time, we may offer products or Services (including but not limited to premium subscriptions) that include an option to pay some or all of the applicable fees in installments. In the case of recurring subscriptions, the installment payment option may apply only to the initial subscription term, and not to any renewal or recurring terms or payments.

By selecting an installment payment option, you agree to pay Findmeacaregiver.com all charges associated with the subscription, Service, or product you purchase, as described on the Site at the time you submit your payment information. You also authorize Findmeacaregiver.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen installment plan.

If you purchase a Service (such as a premium subscription) you agree and understand that, unless otherwise required by applicable law, you are committing to make all of the agreed-upon installment payments, regardless of whether you cancel the purchased Service. If you cancel your subscription prior to completing all installment payments due, then, unless otherwise required by applicable law, the remaining balance of the subscription will remain due and payable pursuant to the installment payment schedule you agreed to. 

If Findmeacaregiver.com is not able to charge any payment to your chosen payment method, we reserve the right to pursue any remedy that may be available to us, including the right to suspend or terminate your premium subscription and/or your Findmeacaregiver.com account. You agree that Findmeacaregiver.com and its Affiliates have no liability related to the exercise of these remedies.

Notwithstanding the foregoing, nothing in this Section is intended to limit or alter Findmeacaregiver.com’s right to terminate your account at any time pursuant to Section 5 above.

8.4 Free Trial Offers

Findmeacaregiver.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Findmeacaregiver.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by Findmeacaregiver.com at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the Care Seeker or Care Provider must downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Care Seeker or Care Provider’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.

8.5 Reward Points

As part of your paid membership or as a promotion, we may issue you reward points redeemable for products or services as described on the Site. Such points may only be redeemed via the Site, have no cash value, are not redeemable for cash (except to the extent specifically required by law), and are non-transferrable and non-refundable under any circumstances. Reward points have no fixed value, but may be redeemed for the lesser of (1) the cost of the goods or services for which they are redeemed; (2) any maximums, caps, or limitations described on the Site; or (3) the maximum value of a point stated on the Site (which may change from time to time in the discretion of Findmeacaregiver.com). Reward points may only be redeemed in whole increments up to the total value reflected on the Site. No partial redemptions of points are permitted. More than one reward point may be applied per transaction. Reward points issued in connection with a premium subscription or service will automatically be applied to such purchases before other available reward points. Reward points are valid for a limited time, as described on the Site and in any Additional Terms that may apply to the service through which the points are issued or redeemed. Any unused reward points are forfeited immediately if you do not maintain the required membership status (as described on the Site), or if you or we close or terminate your account pursuant to Section 5 above.

8.6 Refund Policy

Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you close your account or cancel your membership, subscription, service, or product in the middle of a term. 

Moreover, you understand and agree that if Findmeacaregiver.com terminates your account or cancels a membership, subscription, feature, product or service you have purchased based on our determination (which we may make in our sole discretion), that you (i) are not eligible to use the Services, (ii) have violated any terms stated herein or in any of the Additional Terms, (iii) are not suitable for participation as a Registered User, (iv) have misrepresented yourself or your identity, or (v) have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, you will not be entitled to a refund of all or any unused portion of your purchase.

9. Release of Liability for Conduct and Disputes

By accessing and using this Site or our Services, you acknowledge and agree to release and indemnify Findmeacaregiver.com, including its officers, directors, employees, shareholders, subsidiaries, affiliates, agents, marketing partners, licensors, contractors, resellers, and any other parties associated with Findmeacaregiver.com (collectively referred to as “Affiliates”), from any claims or disputes arising from:

• The actions, omissions, or interactions between you and any Care Seeker, Care Provider, or other user(s) of the Site or Services, except for Backup Care Providers who are employed by one of our affiliates.
• Any content, advice, guidance, or services provided by a Care Seeker, Care Provider, or third-party entity via the Site or Services.

Findmeacaregiver.com and its Affiliates disclaim all liability for any damages, legal actions, claims, or disputes that may arise, whether presently known or unknown, related to the circumstances outlined above.

10. Age Restrictions

The Site and Services are intended exclusively for individuals who are 18 years of age or older. If we determine that you do not meet the age requirement, we reserve the right to immediately terminate your access and registration

11. Disclaimers; Limitations; Waivers; Indemnification

11.1 No Warranty

The information, materials, and content on the Site, including but not limited to text, graphics, links, and other elements, are provided “as is” and “as available.” Opinions, advice, statements, offers, or other content made available through the Services, but not directly by Findmeacaregiver.com, reflect the views of their respective authors and should not be automatically relied upon. These authors are solely responsible for the content they create. Findmeacaregiver.com does not:

1. Guarantee the accuracy, completeness, or reliability of the materials and information presented.
2. Endorse or accept responsibility for any opinions, advice, or statements made by any third party.
3. Ensure that the use of the Site or Services will be secure, free from viruses, uninterrupted, error-free, or that any defects will be corrected.
4. Provide warranties regarding the fitness for a particular purpose or the non-infringement of third-party rights.

To the fullest extent permitted by applicable law, Findmeacaregiver.com explicitly disclaims all implied warranties, including those that may arise under statute, common law, or equity, and does not accept liability for any errors or omissions in the provided information.

Furthermore, Findmeacaregiver.com makes no representations regarding the suitability of any user on the Site to act as a Care Provider or to hire Care Providers.

For corporate Care Seekers, the information available on the Site is solely for internal use and cannot be redistributed or copied. This content is provided “as is” without any warranties and is subject to intellectual property protections. Findmeacaregiver.com, or its information providers, will not be held liable for any use of this information that does not comply with applicable laws and regulations.

11.2 Assumption of Risk

While Findmeacaregiver.com takes reasonable steps to promote the safety of the Site and Services, using an online platform to find care or caregiving jobs inherently carries risks. We do not offer training, supervision, or monitoring of Care Seekers or Care Providers and cannot guarantee that all interactions with other Registered Users, their families, or associates, will always be safe and respectful. You agree to assume full responsibility for any risks associated with using the Site and Services, including injury, illness, death, or other risks arising from online or offline interactions. You acknowledge that you should not rely solely on Findmeacaregiver.com’s screening and safety measures, and you agree to take all necessary precautions when engaging with other users.

11.3 Limitation of Liability

Incidental and Consequential Damages: In no event will Findmeacaregiver.com be liable for any indirect, special, incidental, or consequential damages, losses, or expenses related to the use or inability to use the Site or Services. This includes but is not limited to damages resulting from information received from the Site, removal of content, email distribution, or website use, or any interruptions in service, system failure, or other technical issues, even if Findmeacaregiver.com has been informed of the potential for such damages.

Aggregate Liability: Under no circumstances will Findmeacaregiver.com’s total liability exceed the amount you paid for using the Site or Services. If no payment has been made, the liability limit will be $25.00.

Non-Findmeacaregiver.com Actions: Findmeacaregiver.com will not be liable for any damages, including bodily injury, emotional distress, or other harms resulting from your interactions with other users or any agreements made via the Site. This includes claims arising from users who have misrepresented themselves or engaged in fraudulent behavior.

Advice Disclaimer: Any advice posted on the Site is for informational purposes only and should not be considered as a substitute for professional advice, whether financial, medical, legal, or otherwise. Findmeacaregiver.com disclaims any liability related to actions taken based on the information provided on the Site. For specific issues, users should consult appropriately qualified professionals.

11.4 Indemnification

By using the Site and Services, you agree to indemnify, defend, and hold harmless Findmeacaregiver.com and its Affiliates from any claims, losses, or legal expenses (including attorney’s fees) arising from:

1. Content that you submit, post, or transmit through the Site.
2. Violations of these Terms of Use or any applicable law during your use of the Site or Services.
3. Any relationship or agreement made with a Care Seeker or Care Provider through the Site.

You agree to cooperate with Findmeacaregiver.com in the defense of such claims. Findmeacaregiver.com reserves the right to take control of the defense of any claim at its own expense, and you will not settle any claim without Findmeacaregiver.com’s written consent. Additionally, you agree to hold harmless Findmeacaregiver.com and its Affiliates from any third-party claims arising from your use of materials posted to the Site.

12. Copyright Notices/Complaints

It is Findmeacaregiver.com’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Findmeacaregiver.com’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Findmeacaregiver.com’s agent for copyright issues relating to this Site is as follows:

Copyright Manager
Findmeacaregiver.com
Attn: Legal Department
77 Main St N
Suite 100
Southbury, CT 06488

support@findmeacaregiver.com

In an effort to protect the rights of copyright owners, Findmeacaregiver.com maintains a policy for the termination, in appropriate circumstances, of Registered Users and other users of this Site who are repeat infringers.

13. Agreement to Resolve Disputes Through Arbitration

13.1 Arbitration Agreement

This section (13) of the Terms constitutes the “Arbitration Agreement.” Unless you opt out following the procedures outlined in Section 13.8 below, you agree that all claims arising from or related to these Terms, including breaches, disputes, or claims arising out of these Terms, the Services, or the Site, shall be exclusively resolved through binding arbitration, instead of being pursued in court. This includes claims based on events or facts occurring prior to the establishment of this Arbitration Agreement, as well as claims arising after its termination. These claims 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.

13.2 Class Action Waiver

YOU AND FINDMEACAREGIVER.COM AGREE THAT CLAIMS WILL ONLY BE BROUGHT INDIVIDUALLY, AND NEITHER PARTY CAN PURSUE CLAIMS AS A CLASS OR REPRESENTATIVE IN ANY ARBITRATION OR LEGAL PROCEEDING, EXCEPT AS OUTLINED IN SECTION 13.7. UNLESS BOTH PARTIES CONSENT, THE ARBITRATOR CANNOT CONSOLIDATE MULTIPLE CLAIMANTS’ CASES OR PRESIDE OVER A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. RELIEF CAN ONLY BE GRANTED TO THE INDIVIDUAL SEEKING IT AND CANNOT AFFECT OTHER USERS OF THE SITE. If a court or arbitrator rules that this class action waiver is invalid or unenforceable, the entire arbitration provision will be voided, and the parties will be considered to have not agreed to arbitration.

13.3 Pre-Arbitration Resolution Process

Findmeacaregiver.com is committed to resolving disputes amicably. Before commencing arbitration, both parties agree to make a good faith effort to resolve the dispute informally. This requires one party to send a written description of the dispute to the other party, including their contact information and details about the issue, such as the nature of the dispute and the relief sought. If the dispute remains unresolved for 60 days following this notice, either party may proceed with arbitration as detailed in Section 13. This informal process is a prerequisite to initiating arbitration, and it will toll any applicable filing deadlines during its course.

13.4 Arbitration Process

If informal resolution fails, disputes will be settled exclusively by binding arbitration, rather than by filing a lawsuit in court. The arbitration will be conducted by a neutral arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”), including, where applicable, their Comprehensive Dispute Resolution Rules and Procedures. If there is a conflict between these rules and this Arbitration Agreement, the terms of this Agreement will govern unless the arbitrator finds that the rules provide a fairer resolution process. The arbitrator may grant the same types of relief available in court and is empowered to enforce decisions as binding legal rulings.

Arbitration hearings will take place in a location determined by NAM’s rules, but no more than 100 miles from your home or business unless agreed otherwise. For disputes involving less than $10,000, the arbitration may be conducted via telephone or based on written submissions, with the arbitrator deciding the need for an in-person hearing. The arbitrator has the sole authority to address disputes relating to the formation, interpretation, or enforcement of these Terms, including whether the matter is subject to arbitration.

13.5 Costs of Arbitration

If you demonstrate that the costs of arbitration would be prohibitive compared to litigation, Findmeacaregiver.com will cover any filing and hearing fees above $550, subject to the arbitrator’s discretion and unless the arbitrator determines your claims were made in bad faith. You will remain responsible for your own legal fees unless applicable law or arbitration rules require otherwise. The parties also agree that NAM has the discretion to adjust fee amounts or payment schedules where necessary, as long as this does not increase your costs.

13.6 Confidentiality of Arbitration

The arbitration process, including all decisions, awards, and rulings made by the arbitrator, will be treated as confidential. No information regarding the arbitration shall be disclosed except as required by law or as otherwise agreed by both parties.

13.7 Mass Filing Procedure

In the event that 100 or more similar arbitration demands, based on substantially similar facts or claims, are submitted to NAM against Findmeacaregiver.com within a close timeframe (referred to as a “Mass Filing”), the following procedures will apply:

• Batch Processing: The Mass Filing will be handled in batches of 100 demands each, and only one batch will be filed, processed, and resolved at a time. If fewer than 100 demands remain after a batch, the last batch will consist of the remaining claims.
• Arbitrator Assignment: A single arbitrator will be designated to resolve each batch. Arbitration fees, including any fee reductions determined by NAM, will be accepted as applicable to each batch.
• No Simultaneous Proceedings: Arbitration proceedings for subsequent batches cannot begin until the prior batch is resolved.
• Fee Payment: The fees for arbitration will only be due once your claim is part of an official batch and that batch has been scheduled for filing and processing.
• Batch Continuation: The batch process will continue until all demands are adjudicated or otherwise resolved. The arbitrator’s role includes selecting the location for proceedings and determining other logistical matters.
• Cooperation: You agree to cooperate with Findmeacaregiver.com and the arbitration provider to ensure an efficient resolution of claims. This includes potentially accepting reduced fees as determined by NAM for each batch. If there is a dispute regarding the applicability or procedure of this Mass Filing provision, it will be resolved by a procedural arbitrator appointed by NAM.
• Class Action Waiver: This provision does not permit class arbitration or any form of joint or consolidated claims. If this “Batch Arbitration” approach is deemed unenforceable, the entire arbitration agreement for the Mass Filing will be considered null and void.
• Mediation: Following the resolution of the first batch, the results will be reviewed by a NAM mediator chosen from a list of five candidates. Findmeacaregiver.com and claimants’ counsel may each remove one mediator from the list and rank the remaining options. The highest-ranked mediator will be selected to attempt a resolution of the Mass Filing claims. If a resolution cannot be reached within 90 days (“Mediation Period”), either party may opt out of arbitration and proceed with court action.
• Opt-Out Option: If the mediation fails and no agreement is reached regarding how to proceed with further arbitration, the remaining claims will continue under the batching process unless either party opts out within 60 days after the mediation period ends. Opting out of this arbitration process will not affect the class action waiver.

13.8 Opt-Out Procedure

You have the option to reject this Arbitration Agreement by submitting a written opt-out notice (“Opt-Out Notice”) in accordance with the procedure described below.

• Timeframe for Opt-Out: For new users of Findmeacaregiver.com, the Opt-Out Notice must be postmarked within 30 days of your first use of the Site or Services.
• Notice Requirements: Your Opt-Out Notice must be mailed to Findmeacaregiver.com, Attn: Legal Department, 77 Main St N., Suite 100, Southbury, CT 06488. The notice must clearly state your intention to reject the Arbitration Agreement and include your full name, address, phone number, and the email address associated with your account. You must also sign the notice for it to be valid.
• Effect of Opting Out: If you opt out of this Arbitration Agreement, neither you nor Findmeacaregiver.com will be bound by its arbitration provisions. This means you may pursue claims in court, subject to applicable law. However, any previous agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed.
• No Impact on Other Terms: All other terms of these Terms will remain in full effect even if you opt out of the Arbitration Agreement.

13.9 Future Changes to this Arbitration Agreement

If Findmeacaregiver.com makes material changes to this Arbitration Agreement in the future, the following will apply:

• Effective Date of Changes: Any material changes will take effect 30 days after being posted, and will apply only to claims filed after the effective date of the changes. Claims that were already filed in legal proceedings before the change will be governed by the version of the Arbitration Agreement that was in effect at the time the claim was filed.
• Acceptance of Changes: If you do not opt out of the changes within 30 days of their posting, you will be deemed to have accepted the updated terms.

14. Governing Law and Jurisdiction

These Terms, along with any disputes arising from or related to this agreement, including those based on contract, tort, or any other legal theory, will be governed by the laws of the State of Connecticut. This includes Connecticut’s statutes of limitations relevant to your claims, without regard to its conflict of law principles. However, the Federal Arbitration Act will govern the interpretation and enforcement of Section 13 (the Arbitration Agreement).

If it is determined that the Arbitration Agreement does not apply to you or a particular dispute (except in small claims court actions), either due to your opt-out decision or a ruling from an arbitrator or court, you agree that any such dispute must be resolved exclusively in a state or federal court located in Connecticut. Both you and Findmeacaregiver.com agree to submit to the personal jurisdiction of the courts in Connecticut for the purpose of resolving any claims or disputes.

15. Consent to Electronic Communication

By using the Site or Services of Findmeacaregiver.com, you consent to receive communications from us electronically. You agree to the electronic delivery of notices, documents, or other materials (including but not limited to reports, Background Checks, and Preliminary Screens) through the Findmeacaregiver.com Site, Services, mobile app, online messaging platform, or email.

You also agree to regularly check your Findmeacaregiver.com account, alerts, messages, and email (which you are required to keep updated) to stay informed about important notices and updates related to your account.

16. Miscellaneous

This Agreement does not establish a partnership, joint venture, agency, legal representation, employment, or contractor relationship between you and Findmeacaregiver.com. Neither party has the authority to make binding commitments or representations on behalf of the other, except as specifically provided in this Agreement or authorized in writing by the other party.

If any part of this Agreement is found to be invalid, illegal, or unenforceable, the validity and enforceability of the remaining provisions will not be affected. Each Affiliate (as defined in Section 1.2) is considered a third-party beneficiary of this Agreement and may enforce its terms directly against you. This Agreement is binding on and will benefit the legal representatives, successors, and assigns of both parties.

17. Severability

If a court finds any provision of these Terms (other than Section 13) to be invalid or unenforceable, the parties agree to replace that provision with a valid and enforceable one that most closely reflects the original intention. The rest of the Terms will remain in effect as modified by the replacement provision.

18. Contact Information

If you have any questions, require additional information about the Site or Services offered by Findmeacaregiver.com, or need to notify Findmeacaregiver.com regarding any matters related to the Site or Services, please contact us at:

Copyright Agent
Findmeacaregiver.com
Attn: Legal Department
77 Main St N, Suite 100
Southbury, CT 06488