For purposes of these Terms and Conditions, and except to the extent expressly excluded below, the “site” or “sites” or “website(s)” shall mean www.bubbiecare.com and any other websites, web pages, mobile applications, and/or mobile websites operated by CareSearch, Inc. d/b/a BubbieCare, ( “CARESEARCH” or “we” or “us”) in the United States, and the “Referral Services” shall mean any of the various services that CARESEARCH provide through the site(s) or any other channels, including, without limitation, over the telephone.
These Terms and Conditions of Use (the “Terms and Conditions” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the CARESEARCH website(s) and/or services (the “Referral Services”). Certain Referral Services are subject to additional policies, rules and terms and conditions, with which a CareSearch prospective or actual client (“Client”) of a provider of the Referral Services (“Provider”) (either singly or collective “You” herein) may be required to agree to as a condition of using the Referral Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Referral Services materials relating to those Referral Services.
These Terms and Conditions are subject to change by CARESEARCH at any time, subject to the following notification process. We will notify You about material changes in these Terms by sending a notice to the email address registered with CARESEARCH, or by placing a prominent notice on our Site, so that You can choose whether to continue using our Referral Services. Material changes will go into effect no less than thirty (30) days after we notify You. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check these terms. Any use of the Referral Services by Client after the effective date of any changes will constitute Your acceptance of such changes. These Terms and Conditions supersede all prior versions of the Terms and Conditions.
Please read these all these Terms and Conditions and any applicable Additional Terms before using the Referral Services. By using the Referral Services, You hereby represent, warrant, understand, agree to, and accept these Terms and Conditions and any applicable Additional Terms in their entirety.
- Description of Services; Limitations; User Responsibilities
- Referral Services
CARESEARCH offer various services to assist an individual seeking care services (“Client”) in finding individuals and entities who provide care services (“Providers”) and to assist Providers to find jobs.
We also offer optional services to help Client manage the services provided by Providers.
- Limitations of Our Services
We do not provide, and our Referral Services do not include, any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license. Further, we are not an employment agency, and we do not secure or procure employees for any Client, nor do we secure or procure opportunities for CareSearch employment for any Provider. Provider is not a CareSearch employee, agent, or representative. Client will be employing Provider as a Client employee, and not as an independent contractor, at a mutually agreed rate (the “Provider Fee”), to which Client and Provider have agreed, plus applicable employer related payroll taxes for which Client are solely responsible (the “Payroll Taxes”). Provider will be billing Client for services rendered to Client and Client is solely responsible for all payments to Provider for such services. Except where specifically provided in these Terms and Conditions or in any applicable Additional Terms, Client is responsible for compliance with all applicable employment and other laws in connection with any employment relationship Client establishes with a Provider (such as payroll, tax, and minimum wage laws).
We are not responsible for the conduct, whether online or offline, of any Provider, Client, or other user of Referral Services. We do not, and will not, control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of any services delivered by Provider, nor do we require Provider to accept or work any jobs or deliver any services at all. We do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Provider or Client. We do not assume and expressly disclaim any liability that may result from the use of information provided on our site or in the course of utilizing our Referral Services.
We may offer certain Client or Provider the opportunity to verify certain information such as an email address, cell phone number. If we indicate that certain information has been verified, it only means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Client or Provider who supplied it.
CARESEARCH EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE CARESEARCH FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF A CLIENT, PROVIDER, OR CARESEARCH, INCLUDING ITS EMPLOYEES AND AGENTS, ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY CARE SERVICES BY ANY PROVIDER.
- User Responsibilities
Client acknowledges and understands that CareSearch does not in any manner endorse, assume responsibility for, and/or recommend the use of any Provider described on or offered via the Referral Services. Client further acknowledges that:
CareSearch has made, and makes, no guarantee to Client about the qualifications of a Provider and/or of the nature, quality, and/or results of Client hiring Provider;
Client has been given an opportunity to review Provider’s background information provided to Client by CareSearch and to make whatever other independent background checks Client desires regarding Provider (if the Referral Services include a link providing direct access to third party websites, Client further acknowledges that Client understands that CareSearch has not participated in the development and/or maintenance of any such other websites, neither monitors nor exerts any editorial or content control whatsoever over those sites, and has no interest in, custody of, or control over those sites);
Client reviewed or chose not to review Provider background information provided to Client by CareSearch; and
Client has the right to cancel a Contract if the Provider’s background information does not meet Client’s approval.
We shall confirm Provider’s care credentials and work with a third party to conduct a background check, but Client, as a user of our site or Referral Services, is solely responsible for interviewing, verifying information provided by, and selecting an appropriate Provider for themselves or their family. Client understands that CARESEARCH obtains background information through products provided by various third-party sources “AS IS,” and therefore is assessing the information “AS IS.” CARESEARCH makes no representation or warranty whatsoever, express or implied, including, but not limited to, implied warranties of merchantability or fitness for particular purpose, and implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports. CARESEARCH expressly disclaims all such representations and warranties.
Client is responsible for complying with all applicable employment and other laws in connection with any employment relationship Client establish with Provider, including verifying the age of the Provider they select as well as that Provider’s eligibility to work in the US, and Client is solely responsible for maintaining (i) workers’ compensation coverage for Provider and Provider’s employees and subcontractors to the extent required by applicable law and (ii) all other insurance required to operate his or her business in conformance with applicable law and industry standards.
- Eligibility to Use the Referral Services
By requesting to use, registering to use, and/or using the Referral Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms and Conditions and that You agree and commit to abide by all of the Terms and Conditions specified herein. Client also represents and warrants that Client meets the following eligibility criteria:
Client intends to use the Referral Services solely for the purpose of finding care.
Provider intends to use the Referral Services solely for the purpose of finding or managing care or care-related jobs.
Our Services are available only to individuals who are eighteen (18) years of age or older. If You do not meet this age requirement, do not register with CARESEARCH to use the Referral Services.
The Referral Services are currently available only to individuals who reside legally in the United States. If You reside outside the United States, visit our site homepage for a listing of other countries where our subsidiaries or affiliates offer similar services.
If You are registering to be a Provider, You must be permitted to legally work within the United States.
- Rules for User Conduct and Use of The Referral Services
- Registration and Content
The following rules pertain to all the material, documents, communications, data, and information that any You upload, transmit, post, publish, or display (hereinafter, “provides”) through the site or in relation to the Referral Services, whether to CARESEARCH or to Client or to other Providers, including without limitation any content, messages, photos, audios, videos, reviews or profiles (the “Content”):
Any Content that You Provide through Referral Services is solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care;
You are responsible for providing accurate, current and complete information and in connection with Your registration for use of the Referral Services;
You will register with CARESEARCH in Your own legal name, even if You are seeking care for another individual or family member;
You are solely responsible for Your Content and You will not provide any Content that is defamatory, abusive, obscene, profane, or offensive, or that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
You will not provide inaccurate, misleading, defamatory or false Content to CARESEARCH or to any Client or Provider, and all opinions stated as part of Content must be genuinely held; and
Without limiting the foregoing, You represent and warrant to us that You have the right and authority to provide Your Content, whether about yourself or others, including without limitation that You have authorization from a parent or guardian of any minor who is the subject of any Content to provide such Content.
You understand and agree that CARESEARCH may, in its sole discretion, review, edit, and delete any provided Content.
You have the right, and hereby grant, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to CARESEARCH, its Affiliates, licensees and successors, to use, copy, perform, display, reproduce, adapt, modify and distribute Your Content, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
Your use of the Referral Services, including but not limited to the Content You provide, must be in accordance with any and all applicable laws and regulations. You therefore further represent and warrant that use of Your Content by CARESEARCH will not infringe or violate any rights of any third party.
As Content is primarily generated by You, except as expressly described, we do not vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by You, including any Content that may include misstatements or misrepresentations. You hereby represent, understand and agree to hold CARESEARCH harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them.
Opinions, advice, statements, offers, or other information or content made available on the site or through the Referral Services, but not directly by CARESEARCH, are those of their respective authors and such authors are solely responsible for such content. CARESEARCH does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the site or available through the Referral Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the site or through the Referral Services. Under no circumstances will CARESEARCH or its Affiliates be responsible for any loss or damage resulting from Your reliance on information or other content transmitted to or by any user of the site or Referral Services.
We welcome Your feedback and questions about the Referral Services. However, You agree that any comments, ideas, messages, questions, suggestions, or other communications ou You d You send to us or share with us through any channel (including, without limitation, the site, email, telephone, surveys, in-person, and our social media accounts) shall be and remain the exclusive property of CARESEARCH and we may use all such communications, all without notice to, consent from, or compensation to You.
- License; Exclusive Use
CARESEARCH grants You a non-transferable, non-exclusive, revocable, limited license as follows:
If You are a Client, You may use Your account only to find care for yourself, your parents, your children, your grandchildren, individuals for whom You are otherwise the legal guardian, or children of another Client with whom You are entering a shared child care arrangement.
If You are a Provider, You may use Your account only to find care jobs for yourself. You are responsible for all activity on and use of Your account, and You may not assign or otherwise transfer Your account to any other person or entity.
- Prohibited Uses
By using Referral Services of CARESEARCH, You agree that You will not under any circumstances:
use CareSearch websites, the Referral Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
use Referral Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by CARESEARCH;
harass, abuse or harm another person or group, or attempt to do so;
use another user’s CARESEARCH account;
provide false or inaccurate information when registering with CARESEARCH, using the Referral Services, or communicating with other Clients or Providers;
attempt to re-register with CARESEARCH if we have terminated Your account for any or no reason or terminate Your registration and re-register to prevent any Content from being associated with You;
interfere or attempt to interfere with the proper functioning of the Referral Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any measures we take to restrict access to the Referral Services or use any software, technology, or device to scrape, spider, or crawl the Referral Services or harvest or manipulate data (whether manually or through automated means);
use the communication systems provided by or contacts made on CARESEARCH for any commercial solicitation purposes other than those expressly permitted by CARESEARCH; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions. Should CARESEARCH find that You violated any Terms and Conditions stated herein, CARESEARCH reserves the right, at its sole discretion, to immediately terminate Your use of the Referral Services.
In order to protect the integrity of the Referral Services, CARESEARCH reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the site.
Client agrees that, if Client decides to hire a Provider Client finds via the Referral Services within one (1) year of locating such a Provider via the Referral Services, or one year from the date such a Provider last provided services to Client, whichever is later, Client will only hire such Provider(s) through CareSearch pursuant to these Terms and Conditions, and, further, that IF CLIENT HIRES ANY PROVIDER CLIENT FINDS VIA THE REFERRAL SERVICES THOUGH ANY MEANS OTHER THAN THE REFERRAL SERVICES, CLIENT WILL PAY CARESEARCH TWO THOUSAND FIVE HUNDRED DOLLARS NO CENTS ($2500.00) AS A FINDERS’ FEE WITHIN FIVE (5) BUSINESS DAYS OF A DEMAND MADE TO CLIENT FOR SUCH PAYMENT BY OR ON BEHALF OF CARESEARCH FOR EACH SUCH PROVIDER CLIENT SO HIRES.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Referral Services (“CARESEARCH IP”) are (or comprise): (a) copyrights owned by us and/or our licensors under United States and international copyright laws; (b) subject to intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. CARESEARCH IP may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright, patent, and/or trademark notices, information, or restrictions contained in or attached to any CARESEARCH IP. Nothing in these Terms grant You any right to receive delivery of a copy of CARESEARCH IP or to obtain access to CARESEARCH IP except as generally and ordinarily permitted through the Referral Services according to these Terms and Conditions. Except as expressly provided herein, nothing in these Terms and Conditions will be deemed to grant, by implication, estoppel, or otherwise, a license to You with respect to the CARESEARCH IP. Certain of the names, logos, and other materials displayed on the site or in the Referral Services constitute trademarks, tradenames, service marks, or logos (“Marks”) of CARESEARCH or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
- Background and Verification Checks
- Background Checks.
CARESEARCH shall confirm Provider’s credentials and may conduct a background check (“Background Checks”). Background Checks may be regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services may be considered “consumer reports” under FCRA. Consumer reports may contain information on Your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. Client are responsible for making sure that the email address Client provide to CARESEARCH is correct, knowing that sensitive information will be sent to it. If Client are a Provider and Client have authorized a Background Check on Yourself from a third-party consumer reporting agency through CARESEARCH, we may indicate in Your profile that Client have completed that check. However, we will not share the results with others without Your specific authorization.
- Responsibilities of Users of Background Checks.
The use of Background Checks obtained through the site is governed by the FCRA and certain state laws. If Client orders or requests access to a Background Check, Client may be considered an end user of the check, which would require agreeing to a required End User Certification before the check will be processed. This End User Certification requires Client to certify that Client will comply with the FCRA and any applicable state laws and summarizes key legal obligations. A summary of Your responsibilities in using the information contained the background check can be found at: https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-employers-need-know. If there is negative data in a check Client receive, and Client choose to take “adverse action” (e.g., if Client choose to pass on that individual’s candidacy) on the basis of this negative data, Client must agree to take certain procedural steps, which can be found at https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-employers-need-know. These may include notifying the individual who is the subject of the report of Your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific background check Client order, CARESEARCH may provide a mechanism for Client to request that the consumer reporting agency who performed the check complete these steps on Your behalf. Where such a mechanism is not available, Client are responsible for making any required notifications Yourself. If the subject contests the report with the consumer reporting agency, Client are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
- Background Checks Client Order or Authorize.
Subject to Provider’s authorization, You acknowledge and agree that CARESEARCH may review and use any Background Checks Client has ordered or authorized about Provider for the purpose of protecting the safety and integrity of our Referral Services and its users which may, in the case of certain Providers, be considered an employment purpose pursuant to the FCRA. CARESEARCH reserves the right to terminate Your access to the Referral Services based on the information contained in a background report, even if such information was subsequently dismissed. If we do so, we will notify Client and provide Client the name and contact information of the consumer reporting agency that created the report. Client will also be provided with a copy of the report unless the consumer reporting agency has already provided Client a copy or access to it. Client hereby represent, understand and expressly agree that CARESEARCH does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not CARESEARCH.
- Preliminary Screenings.
By registering for and using Referral Services as a Client or Provider, Client hereby acknowledge and agree that CARESEARCH has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use Your personal information to run periodic background screenings on Client for the purpose of protecting the safety and integrity of our Referral Services and its users (“Preliminary Screens”), which may, in the case of certain Providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to Client as a Provider, CARESEARCH may order these screenings when Client register with CARESEARCH and thereafter in connection with Your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.). These Preliminary Screens may also regulated by FCRA, and the background reports resulting from these services may be considered “consumer reports” under FCRA. Client understand and agree that CARESEARCH may review the information provided by the third-party consumer reporting agency and that CARESEARCH retains the right to terminate Your access to Referral Services based on the information it receives from these checks, even if such information was subsequently changed or corrected. If CARESEARCH terminates Your access to Referral Services on the basis of information in a background report, Client will be notified and provided with the name and contact information of the consumer reporting agency that created the report. Client will also be provided with access to a copy of the report unless the consumer reporting agency has already provided Client a copy or access to it. Client hereby represent, understand and expressly agree that CARESEARCH does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not CARESEARCH) within the time period specified in Your notice. Notwithstanding this, Client agree that CARESEARCH is under no obligation to reinstate Client access to the Site or Service that CARESEARCH may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE OR SERVICES, AND, IF APPLICABLE TO CLIENT AS A PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO THE PERFORMANCE OF THESE PRELIMINARY SCREENS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE PRELIMINARY SCREENS TO BE PERFORMED, YOU SHOULD NOT USE CARESEARCH’S SITE OR SERVICES.
By registering as a Provider or Client, subject to Your additional authorization, You authorize CARESEARCH and acknowledge that, for purposes of promoting the safety and integrity of its site and Service, CARESEARCH reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that Your registration data is accurate and that the representations and warranties made herein are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, fraud watch lists, law enforcement reports, and other data. You agree that CARESEARCH may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating Your access to Referral Services, should it determine that Client have violated any representation or warranty or any other provision of these Terms, or are otherwise determined by CARESEARCH, it its sole discretion, to be unsuitable for Referral Services. Client also hereby represent, understand and expressly agree that CARESEARCH does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO CLIENT AS A PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, CLIENT AGREE TO ALLOW CARESEARCH TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF CLIENT DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, CLIENT SHOULD NOT USE CARESEARCH’S SITE OR SERVICES.
- Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Preliminary Screens, and Verification Checks
If Clients decide to access, use, or share information provided by a Background Check, Client agrees to do so in accordance with applicable law. Client also agrees to release, indemnify and hold harmless CARESEARCH from any loss, liability, injury, death, damage, or costs that may result from Client’s 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. Client expressly acknowledges that CARESEARCH has no obligation to perform Background Checks, Preliminary Screens, or Verification Checks on any users of our site or the Referral Services. To the extent CARESEARCH performs such checks on certain users of our site or the Referral Services, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the site or the Referral Services.
CARESEARCH reserves the right, in its sole discretion, to immediately terminate Your access to all or part of the CARESEARCH site or the Referral Services, to remove any content posted, and/or to terminate Your account with CARESEARCH, with or without notice for any reason or no reason in its sole discretion, including without limitation if CARESEARCH should determine that You are not eligible to use the site or the Referral Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Client or Provider, or have misused or misappropriated content. Upon termination, CARESEARCH shall be under no obligation to: (i) provide You with a copy of any content posted by or about You; or (ii) notify You of the reason, if any, for Your termination. You understand and agree that, following any termination of any of Your use of the Referral Services, CARESEARCH has the right, but not the obligation, to send a notice of such termination to other Clients or Providers with whom we believe You have corresponded. Our decision to terminate a registration and/or to notify other users of our site or the Referral Services with whom we believe You have corresponded does not constitute and should not be interpreted or used as information bearing on, Your character, general reputation, personal characteristics, or mode of living.
- Links to External Sites
- No Professional Advice
All information, materials, content and/or advice provided through the Referral Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. CARESEARCH expressly disclaims, and You expressly release CARESEARCH from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Referral Services. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
- Payment and Refund Policy
You are responsible for state or local sales taxes associated with the Referral Services You purchased, if any.
- Billing and Payment
If You sign up for a Referral Service that includes a recurring fee, You agrees to timely pay all charges associated with the Referral Service You choose. You also authorize CARESEARCH, or a third-party payment processor that works on our behalf, to charge Your chosen payment method according to the terms of Your chosen Referral Service. CARESEARCH 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 Referral Services we may offer for a non-recurring fee, You authorize CARESEARCH to charge Your chosen payment which You have provided for the Referral Services You purchased. You agree that if CARESEARCH 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 You purchase.
- Recurring Fees and Cancellation
ALL RECURRING FEE-BASED SERVICES WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU, AND YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE.
- Refund Policy
Except as set forth in these Terms or as described on the Site at the time Client make a purchase, all payments for Services made on or through Referral Services are non-refundable, and there are no refunds or credits, provided that in the event a Client does not engage any of the Providers referred to the Client by CARESEARCH, CARESEARCH will refund any initial deposit to the Client in full.
- Release of Liability
By using the Referral Services, You hereby represent, understand, and expressly agree to release and hold CARESEARCH (and CARESEARCH’s officers, directors, shareholders, employees, parents, subsidiaries, franchisees, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, (collectively, “Affiliates”)) harmless from any claim or controversy that may arise out of:
the actions or inactions of, or the relationship between, You and any Client, Provider, or other user(s) of Referral Services; and
any information, instruction, advice or services created by You, any Client, any Provider, or other third party that appeared on, or was communicated through, Referral Services.
CARESEARCH and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
- Age Restrictions
CARESEARCH’s Referral Services are intended for people 18 or over. CARESEARCH will not knowingly collect any information from individuals under 18. Should we determine that You do not meet the age requirements for using our site or the Referral Services, Your registration will be terminated immediately by CareSearch without provision of prior notice to You.
- Disclaimers; Limitations; Waivers; Indemnification
- No Warranty
The information and materials contained in or provided via the Referral Services, including text, graphics, information, links, or other items, are provided “as is,” “as available.” Further, Content, opinions, advice, statements, offers, or other information or content made available through the site or Referral Services, but not directly by CARESEARCH, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
CARESEARCH DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARESEARCH; (3) WARRANT THAT YOUR USE OF REFERRAL SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARESEARCH EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, CARESEARCH MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE OR SERVICES TO EMPLOY THE SERVICES OF A PROVIDER OR TO PROVIDE SERVICES AS A PROVIDER.
- Assumption of Risk
Finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Clients or Providers, and we cannot guarantee that Your interactions with other Clients or Providers, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Referral Services, including but not limited to injury, illness, death, and all other risks associated with interactions with Clients and Providers. You also agree not to rely solely on steps CARESEARCH may take to vet or screen Providers or Client and/or their Content, or otherwise to promote the safety of the Referral Services. You further agree to take all necessary precautions when interacting with other users of CARESEARCH’s Referral Services, their families, and others associated with them.
- Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will CARESEARCH be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use Referral Services, including without limitation damages related to any information received from Referral Services, or in connection with any termination of Your ability to access Referral Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CARESEARCH, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
UNDER NO CIRCUMSTANCES WILL CARESEARCH’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT PAID BY CLIENT FOR SERVICES, OR, IF CLIENT HAVE NOT PAID CARESEARCH FOR THE USE OF ANY SERVICES, THE AMOUNT OF $50.00.
No Liability for non-CARESEARCH Actions.
IN NO EVENT WILL CARESEARCH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF CLIENT OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE REFERRAL SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR PROVIDED PURSUANT TO THE SERVICES, OR TRANSMITTED TO OR BY ANY CLIENT OR PROVIDER OR ANY OTHER INTERACTIONS WITH OTHER CLIENT OR PROVIDERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF CLIENT OR PROVIDERS WHO ARE USING REFERRAL SERVICES UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM CLIENT.
In addition to the preceding paragraphs of this Section and other provisions of these Terms and Conditions, any advice that may be offered or provided within or through Referral Services is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. CARESEARCH makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through Referral Services. If You have specific concerns or a situation arises in which You require professional, legal, financial, or medical advice, You should consult with an appropriately trained and qualified specialist.
By agreeing to these Terms and Conditions, You agree to indemnify, defend, and hold harmless CARESEARCH and its Affiliates from and against any and all claims, losses, expenses, or demands of liability, including reasonable attorneys’ fees and costs, incurred by CARESEARCH and/or its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) materials and content You submit (including Content), post, transmit, or provide through the site or in connection with the Referral Services, (ii) Your use of Referral Services in violation of these Terms and Conditions or in violation of any applicable law, or (iii) any relationship or agreement formed with and/or between a Client and/or a Provider using the Referral Services. You further agree that You will cooperate as reasonably required in the defense of such claims. CARESEARCH and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not, in any event, settle any claim or matter arising out of or related to the site or Referral Services without CARESEARCH’s written consent. You further agree to hold harmless CARESEARCH and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that You or other users post to the site.
- Consent to Electronic Communication
By using Referral Services, You agree to allow CARESEARCH to communicate with You electronically, and You consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks, Verification Checks, and Preliminary Screens) from CARESEARCH, whether via the site, mobile application, online messaging platform, or e-mail. You also agree to check Your accounts associated with the Referral Services on a reasonably regular basis to stay apprised of important notices and information about Your account.
- Governing Law and Jurisdiction
These Terms and Conditions replace any and all previous agreements between You and CareSearch on this matter, whether written or oral. These Terms and Conditions, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Texas, including Texas’ statutes of limitations governing Your claim, and of the United States of America without giving effect to its principles of conflicts of law. Any action or proceeding commenced regarding this Agreement shall be brought in a court of competent jurisdiction in Travis County, Texas. You and CARESEARCH agree to submit to the personal jurisdiction of such courts located within Travis County, the State of Texas for the purpose of litigating all such claims or disputes.
Nothing in these Terms and Conditions shall be construed as making You and/or CARESEARCH the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other party. No party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality, or unenforceability of any term or provision of these Terms and Conditions shall in no way affect the validity, legality, or enforceability of any other term or provision of these Terms and Conditions. Each affiliate or franchisee of CARESEARCH is expressly made a third-party beneficiary of these Terms and Conditions and may enforce the Terms and Conditions directly against You. These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The Terms and Conditions, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without CARESEARCH’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void ab initio.
If any portion of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect, and these Terms and Conditions shall be enforceable as so modified.
- Contact Information
If You have any questions or need further information as to Referral Services provided by CARESEARCH, or need to notify CARESEARCH as to any matters relating to Referral Services please contact us at (833) 476-CARE