Terms of Service
TERMS OF SERVICE
Last Modified: June 2017
ACCEPTANCE OF THE TERMS OF SERVICE
These terms of service are entered into by and between you and CareGoGi, LLC and/or caregogi.com (the “Company“, “we“, “our” or “us“). The following terms and conditions (the “Terms of Service“), govern your access to and use of caregogi.com, including any content, functionality and services offered on or through caregogi.com and its Affiliated Websites (as defined below) (collectively, the “Website“), whether as a guest of the website or a registered user/subscriber of the Website or services provided on the Website (“Registered User“).
The Company may also be affiliated with third-party content providers, some of which may feature our branding. This statement of Terms of Service does not apply to those companies’ websites. Information about the terms of service and privacy policies of those websites and the companies operating such websites can be obtained from their individual websites.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
DESCRIPTION OF SERVICES
About Our Services. Caregogi.com offers various services to help its users find, coordinate, and maintain quality senior care (“Services“). The Services we offer include, among others:
- We enable individuals seeking senior care services (“Care Seekers“) to post jobs on the Website, and we enable individuals and entities who provide senior care services to post profiles on the Website and apply to jobs (“Care Providers“).
- From time to time, we may post general tips and information which may be helpful for Care Seekers to make informed decisions about Services and choosing Care Providers.
- Educational programs provided through the Institute for Professional Care Education.
Limitation of Services. The Company does not employ any Care Providers and has not and will not perform or review any background checks or otherwise review or verify any information supplied by or posted by us or any Care Provider which may be found on the Website or in any Care Provider’s profile contained on the Website. Any Care Provider hired by a Care Seeker shall be the employee of the Care Seeker. Care Seeker’s shall be responsible for complying with all applicable employment and other laws in connection with the employment of a Care Providers, including verifying the age of the Care Provider you select, as well as the Care Provider’s eligibility to work in the United States of America. Further, the Company makes no representations or warranties about the background, quality or services of any Care Provider, or about your interactions and dealings with other users on the Website, whether on or offline.
You, as a user of the Website, are solely responsible for screening any Care Seeker or Care Provider and his, her or its information made available on the Website. The Company makes no representations or warranties that the information of a specific Care Seeker or Care Provider is complete, accurate, up-to-date or conclusive of the individual’s suitability as an employer or care provider. You are solely responsible for interviewing, obtaining and evaluating background checks, verifying information provided by a Care Seeker or Care Provider, and selecting an appropriate Care Seeker or Care Provider for you or your family.
To assist you in making your decisions, we may post from time to time to the Website or otherwise provide links regarding tips and information helpful in assisting you in choosing your Care Provider or accepting the employment of a Care Seeker. At no time shall any list of or link to tips and information be deemed a complete list of criteria a Care Seeker should use in relation to the Services and the choosing of an appropriate Care Provider.
ACCESSING THE WEBSITE
Eligibility. By requesting to use, registering to use and/or using the Website or the Services, you represent and warrant that you have the right, authority and capacity to enter into the terms of these Terms of Service and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
- Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the age requirement, do not use or register to use the Website or Services.
- The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- If you are registering to be a Care Provider, you must be permitted to legally work within the United States.
- Neither you nor any member of your household may have ever been (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.
- You must not be a competitor of the Company or using our Services for reasons that are in competition with our Company.
- Comply with all employment and other applicable laws in employing a Care Provider.
- If you are a Care Seeker, you will only use your account to find care for yourself, your parents, your children, your grandparents or individuals for whom you are otherwise legal guardian.
- If you are a Care Provider, you may use your account only to find care jobs for yourself.
We reserve the right to withdraw or amend this Website, these Terms of Service and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Registered Users.
You are responsible for (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not responsible for any viruses, hacking, stolen information, improper login or other malicious use of your login, your computer or Internet connection in relation to the Website.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our sole and exclusive opinion, you have violated any provision of these Terms of Service.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree that you will not under any circumstances:
- Use the Website, Services or any information contained therein for any unlawful purposes and shall only use the Website, Services and other information continued therein for lawful purposes.
- Post content or materials or use the website or services in any way, that are pornographic, threatening, harassing, abusive, or defamatory, or racially, sexually, religiously, or otherwise objectionable and offensive, or that contain nudity or graphic violence, incite balance, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Transfer or authorize the use of your account for caregogi.com by any other person, or use another person’s caregogi.com account.
- Provide false or inaccurate information in your profile on, or registration for, caregogi.com.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, or to otherwise interfere with the functioning of caregogi.com.
- Use the communication systems provided by or contacts made on caregogi.com for any commercial solicitation purposes;
If you violate any of the terms of these Terms of Service, the Company reserves the right, at its sole discretion, to immediately terminate your use of, or block access to, the Website or any services provided through or related to the Website.
BACKGROUND AND VERIFICATION CHECKS
The Company offers to individuals who have registered as Care Providers and Care Seekers access to a third-party consumer reporting agency that performs background checks, which may include criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (“Background Check(s)”). The Company currently provides a link on its Website for a provider of Background Checks by the name of JD Palatine, however the Company expressly reserves the right to from time to time to offer links to different or alternative third-party consumer reporting agencies to perform Background Checks. Note these Links are for mere convenience and the Care Seeker and Care Provider are not required to have Background Checks performed by these agencies that have links on the Website. Care Providers are free to provide their own third party Background Checks to Care Seekers outside of the Website and Care Seeker shall decide on their own whether such Background Check is satisfactory.
NOTE: Background Check services made available are provided by a third party Consumer Reporting Agency (CRA) as defined by the Federal Trade Commission, and as such, the Fair Credit Reporting Act (FCRA) governs its activities as such an agency. All Background Checks require payment of a separate fee by the Registered User who is initiating the Background Check request and are subject to the consent of the Care Provider.
The Company may provide the third-party Consumer Reporting Agencies (which are linked on the Website) with criteria for approval or rating of a Care Provider; however, you understand and agree, that the Company does not provide, and is not responsible or liable in any manner for, the Background Checks, and does not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness or completeness of any information in the Background Checks. We do not independently verify information in the Background Checks. Further, you hereby represent, understand and expressly agree that Background Checks are completed by a third party Consumer Reporting Agency and that the specific records searched, and the comprehensiveness of the search, vary by the type of Background Check as well as the state and county where the check is performed, and that the Background Checks are not always accurate or a complete compilation of a person’s criminal history. You should be aware of the following limitations in Background Checks, and also note that additional limitations may not be expressly listed in the following: (i) records not available to third-party Consumer Reporting Agencies conducting the Background Check will not be included in the results; (ii) not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions; (iii) in many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks; (iv) juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results; (v) dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported; (vi) traffic violations are not included unless a jurisdiction reports them as criminal offenses, and in the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies; (vii) criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting, therefore, even the most comprehensive Background Check offered may not disclose the existence of all criminal records in all jurisdictions; (viii) each Background Check is performed using information the Care Provider provides, such as home address, social security number, date of birth, and name, if the Care Provider provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check.
Care Seekers are solely responsible for evaluating and investigating Care Providers, including obtaining and reviewing Background Checks. We are not responsible for nor will we provide or review any Background Checks on any Care Providers and all Care Seekers should perform their own independent investigation and review of the Care Providers. We will not upload or be responsible to share any Background Checks. It is the responsibility of the Care Seeker to obtain such desired Background Checks from the Care Provider. Further, if you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless the Company from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any Registered User’s contributions for any or no reason in our sole discretion.
- Take any action with respect to any user, including a Registered User’s contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user has violated the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any reason or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You understanding and agree that the Company does not control or vet any user generated content on the Website. The Company is not responsible for the reliability of information provided by Care Providers, Care Seekers or any other user of the Website, whether on or offline. The Company has no obligation to remove any reviews or other information posed on the Website about you or any other person or entity.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information of any source, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, authorized third parties or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company is and shall be, the sole and exclusive owner of all right, title, and interest throughout the world in and to all such patents, copyrights, trademarks, trade secrets, and other intellectual property rights (collectively “Intellectual Property Rights“).
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- You may establish a hypertext link to this Website so long as the link does not state or imply any sponsorship of your site by the Company or any affiliated websites. However, you may not, without the prior written permission of the Company, frame any of the content of the Website, or incorporate into another website or other service any intellectual property of the Company, its parent or affiliate companies or its licensors.
- Your computer may temporarily store copies of such materials in RAM or any form of temporary or cached memory incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement in effect at that time for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Trademarks. The Company name, “CareGoGi”, the www.caregogi.com URL, the Company and CareGoGi logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks or any of the Company’s registered or common law trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by users and third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We are in no way responsible for any information submitted by any user or third party, nor shall we be deemed to be endorsing any user or third party information submitted on the Website.
In order for a user, including without limitation a Care Seeker, to utilize some of the Services made available on the Website, the user of such Services must pay the Company through either a recurring subscription, one-time, or other fees as provided on the Website. In addition, the user is responsible for any state or local sales taxes associated with the Services purchased.
BILLING, PAYMENT AND REFUND POLICY
AUTOMATIC SUBSCRIPTION RENEWAL AND CANCELLATION
CAREGOGI.COM PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE REGISTERED USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE WEBSITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN 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 ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You may cancel your paid membership subscription at any time by contacting the Company’s customer service department at 412-708-1000 or caregogi.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 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.
Except as set forth in these Terms of Service, all payments for services or registrations are non-refundable and there are no refunds or credits for unused or partially used services or service cancellations.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the content, information, or material on the Website may be out of date at any given time, and we are under no obligation to update such content, information, and material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
LINKS FROM THE WEBSITE
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Any links to third party websites or material shall not be deemed to be any endorsement of such material and website by us.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REVIEWS, PROFILES, ADVICE, OPINIONS, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE, BUT NOT DIRECTLY BY THE COMPANY, ARE THOSE OF THEIR RESPECTIVE AUTHORS, WHO ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. THE COMPANY DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, INFORMATION AND MATERIALS ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY CARE PROVIDERS THAT OFFERS SERVICES VIA CAREGOGI.COM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
RELEASE OF LIABILITY FOR CONDUCT AND DISPUTEs
The Company is not an employer of Care Providers and has not and will not perform or review any background checks or otherwise review or verify any information supplied by or posted by us or any Care Provider which may be found on the Website or in any Care Provider’s profile contained on the Website. Any issues or conflict between 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 the Care Seeker and the Care Provider. The Company will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Website or our Services, you hereby represent, understand, and expressly agree to hold the Company harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Care Seeker, Care Provider or other user(s) of the Website.
GOVERNING LAW AND JURISDICTION
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Last modified: March, 2017
TERMS OF SERVICE FOR EMERGENCY ONE-TIME SERVICE
These terms of service are entered into by and between you and CareGoGi, LLC (“Company“, “we” or “us“). The following terms and conditions (the “Terms of Service For Emergency Services“), govern your access to and use of the Emergency One-Time Service provided by the Company on caregogi.com, including any content, functionality and services offered on or through the Emergency One-Time Service. These Terms of Service For Emergency Services incorporate in full the Terms of Service for the Caregogi.com website. All capitalized terms not otherwise defined in these Terms of Service For Emergency Services shall have the meaning as defined in the Terms of Service.
EMERGENCY ONE-TIME SERVICE
The Company offers a one-time, twenty-four (24) hour emergency care service (“Emergency Service“). A Care Seeker may use the Emergency Service prior to becoming a Registered User of the Website and paying a subscription fee. The Emergency Service allows a Care Seeker to obtain senior care in an emergency situation and for a limited time. Specifically, a Care Seeker is only permitted to use the Emergency Service one time, for a period not to exceed twenty-four (24) hours (“One Time Service“). Thereafter, a Care Seeker must become a Registered User in order to obtain further Services through the Website. A Care Seeker is prohibited from using a different name in order to access the Emergency Service for any additional services beyond the permitted One Time Service.
The Company reserves the right to terminate a users access to the Website if it determines, in its sole discretion, that a Care Seeker or other individual is abusing the Emergency Service One Time Service.