Terms & Conditions Part I
HOMECARECLASSIFIEDS.COM ("Site" or "Company, HOMECARECLASSIFIEDS LLC") offers you a wide range of products and services ("Materials" or "Services") via this website. Please review the following terms that govern your use of the Site. Please be advised that your use of this website constitutes your agreement to follow and be bound by the following Terms and Conditions.
DISCLAIMERS:
HOMECARECLASSIFIEDS LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HOMECARECLASSIFIEDS LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HOMECARECLASSIFIEDS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOMECARECLASSIFIEDS LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HOMECARECLASSIFIEDS LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HOMECARECLASSIFIEDS LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
HOMECARECLASSIFIEDS LLC does not employ any caregivers and is not responsible for the conduct of any user of our site. All information in member profiles, job posts, and messages created by users of this site are not generated or verified by HOMECARECLASSIFIEDS LLC. In order to ensure the accuracy of the information on this site, You Should Always Do Your Own Due Diligence to ensure the job or caregiver you choose is always appropriate for your needs and complies with applicable laws of your state and local governments.
HOMECARECLASSIFIEDS LLC strives daily to keep our listings accurate and up-to-date, and to provide top-level, practical information that you can use and trust. However, HOMECARECLASSIFIEDS LLC does not endorse or recommend any of the caregivers listed on its site and cannot be held responsible or liable in any way for your dealings with them, and does not guarantee the accuracy of listings on its site. We provide this site as a directory to assist you in locating caregivers in your area. We do not own or operate any homecare facility and make no representation of any of the listings contained within HOMECARECLASSIFIEDS LLC
This Site and these Terms and Conditions may be changed by HOMECARECLASSIFIEDS LLC with or without notice. Please review this link on a regular basis for changes. Continued use of this website following any change constitutes your acceptance of the change.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
HOMECARECLASSIFIEDS LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Terms and Conditions - Part II
All information and services on this worldwide website (together with the underlying HTML source files that implement the hypertext features) may be used solely under the following Terms and Conditions. HOMECARECLASSIFIEDS LLC, Inc., the parent company of HOMECARECLASSIFIEDS LLC, may revise these Terms and Conditions at any time by updating this posting. Your continued use of the HOMECARECLASSIFIEDS LLC website constitutes your binding and continued acceptance of these Terms.
Use of Materials
The contents of this Site, (including text, graphics, images, logos, button icons, HTML code, software, intellectual property, and other Material) are the property of HOMECARECLASSIFIEDS LLC, it's content suppliers or clients, and are protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is equally protected.
The use of Site's Materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. You may use, view, print and/or download one copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use within your organization, provided you keep intact all copyright and other proprietary notices. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from HomeCareClassifieds LLC.
Privacy Policy
Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
User Submissions and Conduct
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You acknowledge that any reliance on material posted by other users will be at your own risk. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials publicly posted or privately transmitted are the sole responsibility of the originator or person from which such material emanates You also permit any subscriber or user to access, display, view, store and reproduce such content for personal use.
When you post a listing, upload a file or otherwise provide us with material for display on the website, you are granting HOMECARECLASSIFIEDS LLC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub-license, adapt, transmit, publicly perform or display any such communication. Any hyperlinks contained in a posting submitted by a user will be disabled when posted on the Site.
You must not, and by using this website you agree not to:
(1) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity;
(2) post a sexually-explicit image or statement;
(3) post chain letters or pyramid schemes;
(4) impersonate another person, including, but not limited to a HOMECARECLASSIFIEDS LLC official, or falsely state or misrepresent your affiliation with a person or entity;
(5) post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(6) post, email, or transmit any material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(7) post, email, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(8) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(9) harm minors in any way; or
(10) stalk or otherwise engage in any conduct that harasses another.
User Information
The Site acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified of communications, which allegedly do not conform to the Terms and Conditions, the Company may investigate and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
To use certain features of the Site, you must register with HOMECARECLASSIFIEDS LLC and create a username and password through the Site's registration process. You agree (a) to provide true, accurate, current, and complete information about yourself, and (b) to maintain and promptly update the information you provide. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If you provide or HOMECARECLASSIFIEDS LLC has reasonable grounds to believe you have provided untrue or inaccurate information or not current or incomplete information, HOMECARECLASSIFIEDS LLC has the right to suspend or terminate your access through your username and password.
In order to use the Site's services, you will be required to provide a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by HOMECARECLASSIFIEDS LLC or by third parties. Please see our Privacy Policy for further details regarding your account information.
Except for any disclosure by you for technical support purposes or as specified in our Privacy Policy, all communications from you to this Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to HOMECARECLASSIFIEDS LLC will be deemed the property of the Company and the Company shall be entitled to full rights of ownership, including, without limitation, unrestricted right to use or disclose such feedback in any form, medium or technology known now or developed later, and for any purpose, commercial or otherwise, without compensation.
Termination and Agreement Components
HOMECARECLASSIFIEDS LLC reserves the right, at its sole discretion, to pursue all its legal remedies to delete your postings from this Site, to immediately terminate your registration with this Site if any of the Terms and Conditions are violated. In addition, if the Company is unable to verify or authenticate any information you submit to the Site your registration can be terminated. Termination may occur without prior notice or liability.
You will not misuse or share your username/password for HOMECARECLASSIFIEDS LLC. If you are in violation of your obligations under the Terms and Conditions, you may be subject to prosecution.
Linking
The Site contains links to other sites as a convenience to you. HOMECARECLASSIFIEDS LLC is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. HOMECARECLASSIFIEDS LLC is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall HomeCareClassifieds LLC be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use or reliance on any content, goods, or services available on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster. HOMECARECLASSIFIEDS LLC reserves the right to terminate any link or linking program at any time.
You may provide links only to the homepage of HOMECARECLASSIFIEDS LLC, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the Site or the advertisements, the copyright notice, or other notices on this site, (b) you give HOMECARECLASSIFIEDS LLC notice of such link by contacting us and (c) you discontinue providing hot links to HOMECARECLASSIFIEDS LLC if notified by the Company or HOMECARECLASSIFIEDS LLC, Inc.
HOMECARECLASSIFIEDS LLC disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.
Copyright and Trademark Notice
The trademarks, service marks and logos of HOMECARECLASSIFIEDS LLC and others used in this website ("Trademarks") are the property of HOMECARECLASSIFIEDS LLC and their respective owners. You have no right to use any such Trademarks, and nothing contained in this website or the Terms and Conditions of Use grants any right to use (by implication, waiver, estoppels or otherwise) any Trademarks without the prior written permission of HOMECARECLASSIFIEDS LLC or the respective owner.
Copyright 2013 HOMECARECLASSIFIEDS LLC, Inc. All rights reserved.
Limitation of Liability
HOMECARECLASSIFIEDS LLC is merely an information center. HOMECARECLASSIFIEDS LLC does not screen or censor the submitted postings. Further, the Company is not involved in the actual transaction or decisions of its users. As a result, the Company has no control over the quality, safety or legality of the posted information, the truth or accuracy of the listings. There are risks involved in conducting business through the Internet, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. By its very nature, other people's information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this website. By using HOMECARECLASSIFIEDS LLC you assume all risks associated with dealing with other users with whom you come in contact through the website.
The Site's content may contain inaccuracies, out-of-date information, or typographical errors. HOMECARECLASSIFIEDS LLC makes no representations about the accuracy, reliability, completeness, or timeliness of the posted information. The use of the Site and its content is at your own risk. Changes are periodically made to the Site and may be made at any time. HOMECARECLASSIFIEDS LLC makes no commitment and expressly disclaims any duty to update any of the posted content on this Site.
HOMECARECLASSIFIEDS LLC does not warrant that the website will operate error-free or that the website and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the HomeCareClassifieds LLC is not responsible for those costs.
Disclaimer of Warranties - Part II
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOMECARECLASSIFIEDS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Home HOMECARECLASSIFIEDS LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO INFORMATION OBTAINED BY YOU FROM HOMECARECLASSIFIEDS LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMECARECLASSIFIEDS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOMECARECLASSIFIEDS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY HOMECARECLASSIFIEDS LLC MATERIALS, PRODUCTS OR SERVICES OR WITH ANY OF HOMECARECLASSIFIEDS LLC TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HOMECARECLASSIFIEDS LLC .
Indemnification
Your use of the HOMECARECLASSIFIEDS LLC website constitutes your agreement to defend, indemnify and hold harmless HomeCareClassifieds LLC. (including its' employees, contractors, officers and directors), as well as its affiliated companies, from any claim or demand (including reasonable attorneys' fees), arising out of your use or misuse of the Site or the use or misuse of the Site by a third party using your password.
Applicable Laws
The federal laws of the United States and the laws of the State of _California_______ shall govern all matters relating to your access and use of this Site. These Terms and Conditions are governed by the internal substantive laws of the State of _California__, without respect to its conflict of laws principles Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Nevada and venue shall rest solely in Nevada, USA.
If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside or access this site.
General
EXCEPT AS EXPRESSLY PROVIDED IN ADDITIONAL AREAS OF THE SITE THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO ITS USE. REVISIONS TO THESE TERMS AND CONDITIONS SHALL BE IMMEDIATELY ANNOUNCED IN THIS DOCUMENT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
If you have any questions regarding the Terms and Conditions for this website, please contact HOMECARECLASSIFIEDS LLC.