Last updated September 19, 2016
2. The Site Offers a Venue. HomeCareDaily operates a website located at www.HomeCareDaily.com (the “Site”) which offers a venue to connect employers (those seeking care services) with individuals seeking to provide care services. In addition, HomeCareDaily may in the future launch and/or operate one or more mobile applications providing similar functionality via mobile devices (the “Application”). Neither the Site nor the Application is intended to allow individuals to find care for themselves or loved ones, and use of the Site or Application in that manner is prohibited. User understands and agrees that HomeCareDaily has no control over the acts or omissions of any User or any other party on or off the Site and that HomeCareDaily makes no representations or warranties about the quality of the care services provided by any User or any other party. User understands and agrees that HomeCareDaily is not responsible for the performance or conduct, whether on or off the Site, of any User or other third party. As such, HomeCareDaily expressly disclaims, and each User expressly releases HomeCareDaily from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site and/or the Application, including without limitation any acts and/or omissions of Users or any other third parties on or off the Site.
3. Transactions Release; Certain Programs. HomeCareDaily expressly disclaims, and each User expressly releases HomeCareDaily from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes (i) between Users, and (ii) between and/or among Users and any third parties with which any User may enter into a business relationship via the Site and/or Application. HomeCareDaily may, from time to time, offer programs, opportunities and/or other services within the care services industry generally, and User understands, agrees and acknowledges that no such program, opportunity or service shall change the fact that User remains solely responsible for performing its, his or her own due diligence in respect of hiring any individual or obtaining employment within any organization (including, without limitation, ensuring each such individual holds all necessary licenses in good standing). By way of example, and not in limitation of the foregoing, HomeCareDaily offers a service commonly referred to as “Caregivers on Demand” and “Interview Booking” pursuant to which HomeCareDaily will assist potential employers of caregivers in organizing one or more recruiting events or directly booking interviews, promoting such event(s) and assisting in delivering caregivers to such event(s) or interview slots that may be seeking employment opportunities. To this end, HomeCareDaily may communicate directly with potential caregivers and/or perform telephone or other interviews with potential caregivers. User agrees and acknowledges that notwithstanding any such involvement of HomeCareDaily in identifying caregivers and/or promoting any such event to any caregiver(s), Users hosting any such event remain solely responsible for investigating the background of each such potential caregiver, performing interviews with each such potential caregiver and ultimately making all hiring decisions in respect of each such caregiver. HomeCareDaily is not responsible or liable in any way for any claims or damages that may arise out of (a) any potential caregiver falsifying records, (b) any potential caregiver or employer not honoring any agreement it, he or she may have entered into with the other or any other actions taken by any User, or (c) any theft, crime or other action taken by any potential caregiver or employer, whether at a Caregivers on Demand event or any other event or in connection with any service provided or administered by HomeCareDaily. HomeCareDaily makes no representations or warranties to any User or any other party regarding the background, integrity, skill set or capabilities of any employer, caregiver or any other third party. For purposes of clarity, User (i) shall be solely responsible for performing full background checks and otherwise screening all caregivers, and (ii) agrees and acknowledges that HomeCareDaily is not responsible or liable in any way for any actions taken or information provided or omitted by any caregiver. It is the sole responsibility of the User to ensure its employment policies and practices meet state and federal requirements. HomeCareDaily is not responsible for the content of the User’s job descriptions or invitations to interview. HomeCareDaily may make recommendations with respect to content, but it is the sole responsibility of User to ensure its content meets state and federal employment law requirements. Additionally, HomeCareDaily is not responsible for the usage of data or the result of strategies implemented due to the usage of data from reports, webinars, white papers, or other types of learnings shared on the website (including HomeCareDaily and HealthcareReesarch.org), via account reps, or via conferences or webinars.
By using the Site or Application, User understands and agrees that HomeCareDaily may rely on the above Eligibility Conditions representations and warranties, together with all other representations and warranties set forth herein, as true. User understands and agrees that HomeCareDaily may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site and Application.
User understands and agrees that HomeCareDaily does not independently verify that any or all of the Eligibility Conditions are met by any other Users. User understands and agrees to make its own decisions and assessments about persons to engage, potential employment opportunities and/or any other business relationship which may result from using the Site and/or the Application. If HomeCareDaily becomes aware of violations to the Eligibility Conditions by any other User, it may suspend and/or terminate such User’s membership with or without notice; provided, that HomeCareDaily shall not, under any set of circumstances, be required to investigate compliance with Eligibility Conditions or otherwise verify the veracity and/or accuracy of any information provided by any User to HomeCareDaily. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. HomeCareDaily expressly disclaims, and each User expressly releases HomeCareDaily from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (X) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; (Y) any inaccuracy, untimeliness or incompleteness of information set forth in any of the consumer reports (defined below) or any other reporting provided by or made available by HomeCareDaily; and/or (Z) misstatements and/or misrepresentations made by any Users.
User understands and agrees that HomeCareDaily will present User with interview and career opportunities as it sees fit and that HomeCareDaily is under no obligation to do so solely because User has agreed to these terms. User further agrees that HomeCareDaily may at its sole discretion determine that a User is not fit for a particular interview or career opportunity. User understands and agrees that upon failure to appear for four (4) or more interviews within a 3-month period, HomeCareDaily may choose not to book future interviews for User over the following 12-month period.
5. Consumer Reports. HomeCareDaily may, in connection with any background check it elects to perform, utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, employment verification requests, or identification verifications (“consumer reports”). HomeCareDaily does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. To the extent HomeCareDaily elects to order and/or review any such consumer report, HomeCareDaily does not and will not independently verify information in the consumer reports. User hereby consents to HomeCareDaily collecting, using and disclosing the information in the consumer reports. User understands and agrees that HomeCareDaily may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that HomeCareDaily shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider that prepared the consumer report to dispute the accuracy, timeliness or completeness of such information. HomeCareDaily reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in HomeCareDaily’ sole discretion.
Records not available to third party consumer reporting agencies will not be included in the results of any consumer report. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. 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. Offenses for minors may not appear in the public record and are therefore not included in the results. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies. Consumer reports may, for any number of reasons, omit various other pieces of information a User would find material and/or make errors in reporting other information, and under no circumstances shall HomeCareDaily be responsible or liable in any way for any such omission or any such error.
6. Use of the Site and Application. User agrees to use the Site and Application in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site and/or Application that HomeCareDaily, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. HomeCareDaily reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site and/or Application after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Site or Application for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect of the Site or Application;
Attempt to gain unauthorized access to the Site or Application, other User accounts, or other device, computer system or networks connected to the Site or Application;
Advertise or offer to sell any goods or services for any commercial purpose on the Site or through the Application that are not appropriate or relevant to the Site or Application;
Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site or Application, except where sponsored or created by HomeCareDaily;
Impersonate another person or allow any other person or entity to use your user name, password or membership;
Post the same content repeatedly or spam – spamming is strictly prohibited;
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site or Application;
Access, download, or copy any information, content and/or materials from the Site or Application through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site or Application; or
Restrict or inhibit any other User from using and enjoying the Site or Application.
HomeCareDaily reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to HomeCareDaily in its sole discretion. User may report any alleged improprieties by any User to HomeCareDaily by email at [email protected]
7. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify HomeCareDaily of any unauthorized use of accounts or any other breach of security. User shall be solely responsible for maintaining all user names and passwords provided to User.
9. COPPA Compliance. Each of the Site and the Application is intended for people 18 and older. HomeCareDaily will not knowingly collect any information from children under the age of 13. HomeCareDaily expressly disclaims, and each User expressly releases HomeCareDaily from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. HomeCareDaily reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Site and/or Application and each User agrees to make no further use of the Site or Application after termination and/or during suspension.
User represents and warrants that it is the owner or licensee or otherwise has the right to disclose such User Information and, in exchange for being permitted to use the Site and/or Application, User grants to HomeCareDaily an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, transferable, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.
User, by accepting this Agreement and/or making any use of the Site or HomeCareDaily services, hereby (i) agrees and acknowledges that any information, content or data submitted by User to HomeCareDaily or otherwise input into the Site or any HomeCareDaily software platform, including without limitation, first and last name, e-mail and resume data (collectively, “Submitted Information”), may be used by HomeCareDaily to perform services and/or to send commercial and/or other types of e-mail to User in connection with providing HomeCareDaily services and/or advertising other products or services to User, (ii) agrees and acknowledges that Submitted Information may also be provided or sold to third parties to either assist HomeCareDaily in providing services to User or to allow any such third party to either send commercial and/or advertising e-mails to User or to assist third party advertisers in sending commercial and/or advertising e-mails and/or promotions to User, and (iii) consents and opts-in to receiving commercial emails from HomeCareDaily and to the transfer by HomeCareDaily of any such commercial emailing rights to one or more third parties to allow such third parties to send promotional, commercial and/or advertising e-mails or other communications to User. User may, at any time, elect to revoke the above-described consent and opt-in by sending an e-mail to [email protected] and including “Opt Out” in the Subject line. HomeCareDaily is not responsible for the usage of data or the result of strategies implemented due to the usage of data.
11. Prohibited Uses. Neither the Site nor the Application may not be used by any individual that is not associated with or seeking to become associated with a company or organization that engages, or intends to engage, care providers, either in-home or through a separate facility. HomeCareDaily is not intended for personal use.
12. Billing and Payment Policy. You agree to pay to HomeCareDaily any fees for each product or service you purchase or use, in accordance with the pricing and payment terms in your Agreement. Services are billed via credit card unless mutually agreed in writing between you and HCR. You are responsible for ensuring that the credit card associated with your account is up to date and that you are authorized to use that credit card. HCR reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it. Fees paid by you are non-refundable, except as provided in these Terms or Use or when required by law. Some of our products are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed on a recurring, periodic basis (each period is called a “billing cycle”). Some of our services are billed based on the number of booked interviews based on the fee outlined in your Agreement. Billing cycles are weekly, monthly or annual, depending on what subscription plan you select when purchasing a Subscription online or through your Account representative. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal. You may cancel a non-contractual package within 72 hours notice of your renewal date, in which case your Subscription will continue until the end of that billing cycle before terminating. In the event you are using HomeCareDaily’ ‘Interview Booking’ product, you will pay for the interviews already booked at the time of cancel. All cancel notifications must be sent in writing via email to your Account Representative. Subscriptions paid monthly or subscriptions paid annually with a 12-month contractual period can be cancelled in the event of bankruptcy, but cannot be cancelled under any other circumstances. HomeCareDaily may change the fees charged for the services at any time, provided that, for services billed on a subscription basis, the change will become effective only at the end of the contractual period. For services without a contractual agreement, fees can be changed at anytime and reasonable notice will be given prior to the implementation of the new fees. Upon registration for a paid subscription or any other purchase at the Site or through the Application, User agrees to pay HomeCareDaily at the prices then in effect, and User authorizes HomeCareDaily to charge its chosen credit card or other payment provider in connection therewith. HomeCareDaily reserves the right to correct any payment errors even if it has already requested and/or received payment. While use of the Site and/or Application may be free for individual care providers, (i) some services, including without limitation consumer reports, may be offered for a fee, and (ii) HomeCareDaily may elect, at its discretion, to begin charging fees for use of various portions of the Site and/or Application.
HomeCareDaily may use third party payment processing services to process credit card information. While HomeCareDaily will use commercially reasonable efforts to protect the privacy of all personal and financial information, HomeCareDaily expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to HomeCareDaily’ use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about HomeCareDaily’ use of payment processing services, please contact your HomeCareDaily Account Representative and email inquires to [email protected]
13. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site or within the Application, including all social channels, are for informational purposes only. Any trend reports and/or similar reports created and/or published by HomeCareDaily from time to time may contain error and/or inaccuracies. HomeCareDaily is not a care provider and/or employment placement agency. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. HomeCareDaily expressly disclaims, and each User expressly releases HomeCareDaily from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site and/or Application, including without limitation on the all social channels including Facebook, Twitter, Pinterest, and other similar services.
The service marks, trademarks, logos and trade names appearing on this Site or within the Application are owned by HomeCareDaily or are appearing on the Site and/or Application with permission of the respective owners and User acknowledges the rights of HomeCareDaily and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
17. Copyright Complaints and Copyright Agent. It is HomeCareDaily’ policy to terminate any User who infringes the rights of others upon receipt of notification to HomeCareDaily by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. Upon receipt of proper and valid notice of claimed infringement under the DMCA, HomeCareDaily will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site or Application in a way that constitutes copyright infringement, please provide HomeCareDaily’ designated agent with the following information:
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site or Application where the material the User claims is infringed is located. Include enough information to allow HomeCareDaily to locate the material;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
HomeCareDaily’ Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail [email protected] with the subject line “DMCA” or by mail, HomeCareDaily Copyright Agent, HomeCareDaily, 205 N. Michigan Ave., Suite 1400, Chicago IL 6060.
18. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by HomeCareDaily, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
20. U.S. Export Controls. The Site and Application are subject to United States export controls. No part of the Site or Application may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site or Application, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
23. Modifications to the Site or Application. HomeCareDaily reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or Application and/or any information, materials or content on the Site or Application with or without notice to Users. User agrees that HomeCareDaily shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof. User acknowledges that the Site and/or Application may be down from time to time for routine maintenance and/or any number of other reasons, and under no circumstances shall HomeCareDaily be responsible or liable in any way for any such downtime. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Site and/or the Application.
25. Disclaimer of Warranties. EACH OF THE SITE AND THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT, UPTIME, DOWNTIME, FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE RESULTS THAT USER MAY ACHIEVE ON ACCOUNT OF USING THE SITE AND/OR APPLICATION. USER EXPRESSLY AGREES THAT USE OF THE SITE AND APPLICATION IS AT USER’S SOLE RISK. HomeCareDaily DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE OR APPLICATIOIN WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE OR APPLICATION WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS OR ANY OTHER THIRD PARTY; AND (D) THE USE OF PHONE SUPPORT SERVICES. HomeCareDaily DOES NOT REPRESENT OR WARRANT THAT THE SITE OR APPLICATION IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. HomeCareDaily CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. HomeCareDaily SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES HomeCareDaily FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANYCONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE OR APPLICATION.
26. Assumption of Risk. User assumes all risks when using the Site and/or Application, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users. In addition, HomeCareDaily shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
27. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HomeCareDaily BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF HomeCareDaily TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. NO CLAIM MAY BE ASSERT MORE THAN TWELVE (12) MONTHS FOLLOWING THE DATE ON WHICH SUCH CLAIM FIRST AROSE.
28. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
31. All content, including the jobs contained on HomeCareDaily, may have been created by Users over whom HomeCareDaily exercises no control. HomeCareDaily assumes no responsibility for the content created by Users.
33. Contact. HomeCareDaily may be contacted at:
By email: [email protected]
By mail: 3220 Domain Street, Saint Charles MO 63301
By phone: 888-404-1513