Posted Dec 1, 2014 and effective immediately for anybody accessing MyCareMatch.com on or after Dec 1, 2014.
The MyCareMatch.com Terms of Use which follow govern the terms and conditions between Users of this Site and the MyCareMatch.com Site and/or the Services offered by MyCareMatch.com, as detailed below. Furthermore, some Services offered by MyCareMatch.com are subject to additional terms, conditions, rules, and policies. These additional terms are set forth in the printed or online material relating to those relevant Services. By accessing, viewing and/or using this Site, regardless of whether or not you register with the Site and/or its Services, you agree that you understand and accept the following Terms of Use and any additional terms, conditions, rules and policies. These Terms include the Privacy Policy incorporated herein by this reference. Please read these Terms of Use and the Privacy Policy carefully along with the Additional Terms related to any other Services provided by MyCareMatch.com before using this Site or its Services. If you object to anything in these Terms of Use or otherwise don’t understand or agree to be bound by these Terms of Use, do not access, view or use the Site and exit MyCareMatch.com immediately.
Definitions
For the purposes of this Agreement, the following Terms will be defined as follows:
“Terms” or “Agreement” refers to the terms, rules, policies and conditions set out in this document.
“Additional Terms” refers to those terms, rules, policies and conditions pertaining to Services offered by MyCareMatch.com, but not explicitly set out in this document. For details of the “Additional Terms” please see the printed or online material associated with their corresponding Services.
“Site” refers to MyCareMatch.com and all related webpages, Services, and activities, including MyCareMatch.com branded websites, web pages, mobile applications, and mobile websites offered by MyCareMatch, LLC, a Delaware limited liability company.
“MyCareMatch.com” and “we” and “us” refers to MyCareMatch, LLC, a Delaware limited liability company, as well as the terms defined by “Site” above.
“Services” refers to all services provided by MyCareMatch.com through the Site and related channels, including but not limited to services offered through MyCareMatch.com mobile applications and any telephone services offered by us.
“User,” “Registered User”, “Visitor” and “you” refers to those individuals residing in the United States who register with MyCareMatch.com and/or view, access or use the Site and/or Services offered by MyCareMatch.com.
“Care Seekers” are those individuals seeking private care providers, care agencies or care communities, or corporate care providers seeking to hire an individual care provider.
“Care Providers” are individuals and entities who provide care services.
Changes to Terms
These Terms may be modified or updated at our sole discretion; however, we will notify all Registered Users of any change to our Terms via the email address you have provided to us. We cannot be held liable for any damages sustained because you have failed to receive or read the modified Terms. We will also place a notice on our Site whenever these Terms are changed and, if the changes are major ones, then those changes will not go into effect until 30 days after the posting of such a notice. If the changes are minor, then those changes will go into effect immediately. We encourage you to read our Terms periodically and whenever they have been updated. Your continued use of our Site and/or Services means that you understand and agree to be bound by any modified Terms that may come into effect in the future. You have the option of not agreeing to any changes in Terms by canceling your registration and ceasing use of the Site.
Agreement to Arbitrate
The Agreement to Arbitrate, included below, is very important and we encourage all Users to read through it thoroughly. This Agreement governs the process that will take place if a dispute arises between you and us and limits your ability to pursue any claims against us to binding arbitration with few exceptions. The Agreement also means that you may not pursue any claims against us as part of a class-action lawsuit and that any relief you seek from us must be pursued on an individual basis.
1. Services; Limitations; User Responsibilities
1.1 Services We Offer
MyCareMatch.com is a Site that offers its Users a venue to help coordinate quality care between Care Seekers and Care Providers. Some of the Services we offer include, but are not limited to, the following:
We enable Care Seekers to post profiles and care needs on the Site for the purpose of seeking out senior care, special needs care services, and/or the hiring of care providers for home care agencies and senior living facilities. We also enable Care Providers to post profiles on the Site and to apply for jobs posted by Care Seekers.
Our Site enables Care Seekers and Care Providers to search for other Care Seekers and Care Providers that they would like to meet based on their individual preferences and needs. The Site also offers a communication platform that allows Care Seekers and Care Providers to communicate with one another without revealing any sensitive contact information.
We offer a discussion platform on the Site for Users with common interests to communicate with one another and share information.
MyCareMatch.com may offer a payment facilitation service for Care Providers and Care Seekers to make payments for products and services offered by us via credit card.
MyCareMatch.com provides Users a directory for finding Care Providers and senior service professionals that Users may contact and request information. These Care Providers include in-home caregivers, in-home care agencies and senior care housing companies. MyCareMatch.com provides a venue to locate professional services specializing in senior clients as well.
We provide a number of tools and features to help Users make safe and informed decisions regarding care services. These tools include (i) our Safety Center, which includes safety suggestions and resources, and (ii) a Service for Care Seekers to run a background check on individual Care Providers so long as the Care Provider consents to such a background check.
In the future, MyCareMatch.com may offer additional or modified Services not detailed here. To keep up to date about new Services and updates, please consult our Site.
1.2 User Responsibilities
While we do provide helpful advice to our Users about how to safely contact one another concerning their care needs and services and we also provide access to Background Checks to further improve the safety of our Users, all Users should nonetheless be aware that they are ultimately responsible for any decisions they make regarding any of the Services we offer and their care choices. Users are responsible for conducting background checks, qualification verifications, interviews and determination of suitability of any Care Provider or service professional registered with MyCareMatch.com. We cannot be held liable in any way for a User’s failure to properly verify the background and information provided by other Users with whom they enter into any care agreement or any other arrangement. Users must also comply with all US, state, and other laws applicable to them, including employment and tax laws, when entering into any contract with other Users of our Site and/or Services.
1.3 Limitations of Services
MyCareMatch.com is only a venue to connect Care Seekers and other users to Care Providers and service professionals. You understand and agree that MyCareMatch.com is not an employer and does not recommend or endorse Care Providers or service professionals on the Site. Our Site and Services are only meant to help Users find and coordinate care options.
While MyCareMatch.com facilitates communication between Care Providers and Care Seekers, we cannot guarantee the quality, suitability, legality, integrity, responsibility or timing of either Care Seekers or Care Providers. Our responsibility is not to refer or recommend any of the potential services offered by any of the Care Providers or Care Seekers who use our Services. Further, we do not make any representation of the accuracy, integrity, actions or responsibilities of Care Seekers or Care Providers made in public, private or offline interactions.
As the information and content about specific Care Seekers and Care Providers is provided by the User, we generally cannot control or vet the accuracy of such User generated content nor do we take responsibility for the accuracy of any information provided by Care Seekers or Care Providers either on our Site or offline. While we do offer a Service for some Users to validate certain information, such as contact details, any indication we provide that a User has validated such information only means that that User has complied with the validation process we have established. We cannot guarantee nor take responsibility for the accuracy or reliability of such validated information or content.
Users understand and agree that Care Providers are the potential employees of the Care Seekers. As the potential employers, it is the responsibility of Care Seekers to act in compliance with all relevant employment and other laws applicable to the relationship between them and the Care Provider(s), including but not limited to any payroll, tax and minimum wage laws.
You understand and agree that MyCareMatch.com makes no assurances or warranties regarding the quality or suitability of any Care Providers or service provider listed on the Site. MyCareMatch.com is not responsible for the performance or conduct of any of its Site’s and Services’ Users, including but not limited to Care Seekers and Care Providers, either on or off the Site. MyCareMatch.com does not assume and expressly disclaims any liability that may arise from the use of information or content provided on the Site or by our Services. By using this Site, all Users, including Care Seekers and Care Providers, expressly agree not to hold MyCareMatch.com (or our officers, directors, owners, subsidiaries, employees, other affiliates, assignees, successors, agents, attorneys, marketing partners, advertisers, representatives, independent contractors, recruiters, licensors, corporate partners or resellers, hereinafter collectively referred to as “Affiliates”) liable for any advice, instruction, information or Services that originated through our Site or for the actions or inactions of any Care Seeker, Care Provider, User or third party. Further, MyCareMatch.com hereby expressly disclaims any liability for damage, suits, controversies, injuries, loss, harm and/or claims that may arise or have arisen therefrom, whether known or unknown, to the full extent of the law. You understand and agree that by accessing, viewing and using our Site and Services that you do so at your own risk and responsibility.
2. Eligibility to Use the Site and Services; Representations and Warranties
2.1 Eligibility
The use of our Site and/or Services is limited to: those who reside in the United States or Puerto Rico, who are over the age of eighteen, are legally entitled to work in the United States, have not been convicted of any felony, are not currently being charged with a felony, are not currently being charged with nor have been convicted of any offense involving abuse, larceny, neglect, violence, drugs, negligence, or endangering the safety of others, are not registered or required to register with any sex offender registry, and are not competitors with us or offer Services that in any way could be construed as being competitive with the Services we offer. Anybody who does not meet any of these requirements is not permitted to use our Site and/or Services and is encouraged to leave our Site immediately.
2.2 Representations and Warranties
Using our Site and/or Services in any way, either as a Visitor or as a Registered User, means that you represent and warrant that you have the right to enter into these Terms and that you will comply with all rules and conditions set out in these Terms, the Privacy Policy and Additional Terms. You also represent and warrant that you are authorized and capable of understanding and accepting these Terms through your continued use of our Site and/or Services.
Your use of our Site and/or Services means you represent and warrant that neither you nor anyone in your home or other location where care will be administered are registered nor required to register with any sex offender registry nor been charged, arrested, convicted, or been the subject of a complaint or any other legal action involving any charge related to larceny, violence, assault, abuse, neglect, fraud, dishonesty, drugs, or any other charge linked to endangering or compromising the safety of other people.
3. Use of Services
3.1 Registration, Posting, and Content Restrictions
Content is defined as any picture, video, audio, material, data, or information that is uploaded or transmitted through our Site and/or Services, such as through forum postings, profiles, job ads, and messages (herein referred to as “Content”). Use of our Site and/or Services means you represent and warrant that all Content uploaded or transmitted by you legally complies with all relevant US and other laws, is in English, is accurate, complete, and it fully represents the views and opinions held by you. When posting Content you must use your legal name and, if posting on behalf of another party, you must be authorized to do so. If any of your Content includes information about or is relevant to any minor, you must be authorized by that minor’s parent or guardian to post Content pertaining to that minor. Your Content must not include language that could be construed as abusive, racist, harassing, sexist, obscene, or in any other way offensive to any other User of our Site and/or Services. Your Content may not infringe on the rights of any other User or third party, including protections provided by copyright laws. Furthermore, you are not allowed to represent yourself as posting Content that is endorsed by or represents the opinions of our Site and/or Services, unless explicitly authorized to do so by us in writing. You are responsible for all Content uploaded and transmitted through our Site and/or Services and we cannot be held liable in any way for the Content posted by any User. We reserve the right to delete or modify any Content posted by you at our sole discretion and without notice. Any Content you upload or transmit through our Site and/or Services may be used by us, our Affiliates, related agencies, or successors. You grant us the right to an irrevocable, perpetual, non-exclusive, fully paid, worldwide license for your Content, including the right to grant sublicenses for your Content. This right authorizes us, our Affiliates, and authorized third parties to copy, manipulate, use, display, and reproduce any Content you post to our Site and/or Services.
From time to time, we may also offer Content providing information, advice, offers, or statements by authorized third parties. This Content is not made by us and we cannot be held liable for the accuracy of such Content nor for any damages that arise as a result of the use of such Content. The authors of any Content posted through our Site and/or Services are solely responsible for that Content. We cannot endorse nor guarantee the accuracy, usefulness, or reliability of any Content posted to our Site and/or Services, even if such Content was authorized, but not authored, by us. If you suffer any damages or losses as a result of such Content, including Content posted by Users or by us, you agree that you will not hold us or any of our Affiliates liable for any such losses and damages.
We give Users the ability to write reviews about one another for the purpose of assisting other Users when trying to satisfy their care needs and expectations. If you disagree with a review that has been written about you, you are permitted to write one rebuttal to that review. However, we are in no way obligated to remove or modify any review that has been made about any individual or corporate entity on our Site and/or Services. Furthermore, you are not permitted to terminate your account and reregister with our Site and/or Services for the sake of disassociating yourself from a review you have received. Such behavior may result in your account and ability to use the Site being terminated.
We disclaim all liability to the full extent permitted by law for any misstatements and/or misrepresentations made by any User, whether as an individual or corporate entity, on our Site and/or Services. You agree to indemnify and hold MyCareMatch.com harmless for any and all misstatements and misrepresentation made by or on behalf of you on our Site or through any other means. You also will not hold us liable in any way for any misrepresentation made by or about MyCareMatch.com.
3.2 Prohibited Uses
Users and Visitors to our Site and/or Services are strictly prohibited from engaging in: actual or attempted harassment, abuse, or harm to any other party, promoting illegal activities, promoting or engaging in any activity that goes counter to purposes intended by us, making use of another party’s MyCareMatch.com account, making any comment or Content that could be construed as racist, sexist, abusive, defamatory, libelous, bigoted, or that could be construed in any other way as objectionable, making automated use of our system, imposing any action that could result in disproportionately large loads on our network infrastructure and servers, attempting or actually interfering with our Services, providing false or inaccurate information, terminating and reregistering an account to disassociate yourself from a review or other negative action, bypassing or compromising any restricted access to our Service, collecting data on our Users, publishing or linking to malware, viruses, or other harmful content, and using our Site and/or Services for purposes of commercial solicitation, such as spam messages.
In order to protect our Users from actions we deem inappropriate, we may limit the number of phone numbers a User may view or the number of emails a User may send in a 24 hour period. The number of phone numbers or emails we limit will be determined solely by us.
If you fail to comply with any of these Terms or are suspected of failing to abide by these Terms, we reserve the right at our sole discretion to terminate your account. You agree that you understand the Terms stated throughout this document and that your violation of any of these Terms may result in the termination of your account and permanent discontinuation of your use of our Site and/or Services. If you misuse or misappropriate any Content on our Site and/or Services or you manually or automatically scrape any of our Users’ information, you will be obliged to pay a $10,000 daily penalty. We reserve the right to impose this fee on top of any other rights we reserve under these Terms or the law.
We reserve the right to block any IP addresses at our sole discretion if we conclude that the User of such an IP address poses a threat to our Site and/or Service’s safety and integrity or because the User of that IP address has violated any of these Terms.
3.3 Exclusive Use
Users are not permitted to transfer use of their accounts to any other party and they take full responsibility for any activity that occurs on or through their accounts. If you are seeking care services, you may only use your account for seeking such services for yourself, your immediate family, or for any other person that you are the legal representative of. Anybody providing care services may only use their accounts to find employment for themselves and not for any other party.
4. Termination of Membership
MyCareMatch.com reserves the right to terminate a User’s membership and registration with our Site and Services for, but not limited to, the following reasons:
- Violation of these Terms and/or any Additional Terms.
- Unsuitability for participation as a User.
- Misuse or misappropriation of Site content.
- Ineligibility to use the Services.
- Any or no reason as determined at our sole discretion.
When terminating an account, we reserve the right to delete in whole or in part all profiles, content, information, posts, and related data made by the terminated User through use of our Site and/or Services. While we may provide notice of such deletion, we are not required to do so. Termination should not be construed as a judgment on, or stemming from, any information learned about a User’s lifestyle, characteristics, or reputation.
We reserve the right to terminate a User’s access to the Site and Services and to delete all information, content, and data associated with that User’s account, including, but not limited to, profile pages, posts, images, and information. We reserve the right to carry out a termination with or without any reason and with or without notice. Further, we reserve the right, although not the obligation, to notify any User who may have had correspondence with the terminated User about the latter’s account termination.
5.Background Verification Checks
5.1 Order and authorization of background checks by and about Care Providers and the sharing of such background checks with other Users
MyCareMatch..com offers through a third party provider consumer reporting party that provides criminal background checks, sex offender checks, motor vehicle records, identification verifications, license verifications and professional reference checks the following packages: Enhanced, Enhanced Plus, and Enhanced Premium background checks, as well as some “ala carte” options (herein referred to collectively as “Background Checks”) regarding all Care Providers who use our Site and/or Services. Such Background Checks can only be ordered and authorized by Care Providers themselves. However, we also give Care Seekers the ability to request a Background Check be run on a specific Care Provider with the Care Provider’s consent. While a Background Check can greatly increase a Care Provider’s employment prospects, such Care Providers are in no way obligated to grant a request for a Background Check to be run on them. A Background Check will only be run on a Care Provider with that Care Provider’s consent. Furthermore, a Care Seeker who requests and is granted consent for a Background Check to be run on a Care Provider is in no way guaranteed that they will necessarily be granted access to that Background Check or be refunded any fees associated with their request, especially if the Background Check includes damaging or embarrassing information about the Care Provider or results in the Care Provider’s account being terminated. In such event, the Care Seeker will be notified that the Care Provider’s account with us is being terminated.
Background Checks are subject to fees which vary depending on the type of Background Check being requested. The User requesting the Background Check is responsible for paying this fee. Unsatisfactory information contained in a Background Check or failure to grant access to a Background Check does not give the User requesting the Background Check the right to a refund.
In order for a Background Check to be performed correctly, the User who is subject to such a Background Check must provide accurate and complete information about him- or herself, including but not limited to contact details, birth date, and legal name. Users are responsible for providing all information required for running a Background Check. MyCareMatch.com is not responsible for the accuracy or completeness of the information provided by the Care Provider for processing a background check and is not obligated to provide a refund if the Background Check results are inaccurate based on flawed information.
After a Background Check has been completed, the report will be viewable to both the Care Provider who is the subject of the report and, if applicable, the Care Seeker who requested the report. A link to the report will be sent to the User(s) via email. These emails may contain sensitive information, making it vital for Users to make sure they have provided us with their correct email address and that their email account is secure. However, if a Background Check includes information that leads to the termination of a Care Provider’s account then the Care Seeker requesting the Background Check will not be given access to the report but instead will be notified that the Care Provider’s account with us is being terminated. You understand and agree that all Background Checks will be accessible and reviewable by MyCareMatch.com and we may use this information in determining whether to terminate your account.
After a Background Check has been completed and has not led to the termination of the Care Provider’s account, then that Care Provider will have an indicator on their profile showing that they have successfully passed a Background Check. This indicator is meant to make Care Providers more attractive to potential employers. However, the presence of such an indicator does not give any other User the right to view that Care Provider’s Background Check without consent. Only the Care Provider who is the subject of a Background Check can consent to the sharing of their Background Check with any other User or third party.
Background Checks are considered “consumer reports” and may contain sensitive information, including data taken from credit reports, education histories, military backgrounds, driving records, workers’ compensation claims, and any other available data that could pertain to a User’s character or reputation. Consumer reports, including all Background Checks, are governed and regulated by the Fair Credit Reporting Act (“FCRA”).
5.2 Responsibilities under the Fair Credit Reporting Act (FCRA)
Any Care Seeker who requests, obtains or has been given access to a Care Provider’s Background Check must fully comply with the rules and regulations laid out in the FCRA. Users understand and agree that they are responsible for complying with this legislation and all other laws pertaining to the use of consumer reports. As Background Checks may contain information that affects the employability of a Care Provider, Care Seekers who are considering taking adverse action against a Care Provider because of information in a Background Check are required to notify the Care Provider of the adverse action based on this information and notification of their rights. Furthermore, the Care Provider has the right to contest the accuracy of any information in a report and, if he or she does so, then the employment process must be suspended until the consumer reporting agency can further verify the accuracy of any information contained in the report.
For more information pertaining to the FCRA,the appropriate use of Background Checks, and your responsibilities in using consumer reports please visit http://www.ftc.gov/os/statutes/fcrajump.shtm, which includes the procedural steps that Care Seeks must take if they decide to take adverse action based on any negative information contained in the report.
5.3 Review and Use of Background Checks by MyCareMatch.com
Use of our Site and/or Services means you agree that you understand that we have the right to access, review, and use any information contained in a Background Check about you. Information contained in a Background Check may lead us to take certain actions against a particular User, including termination of that User’s account. We reserve these rights as a way of maintaining and improving the safety and security of our Site and Services. Furthermore, we may still take action against a User even if it is later learned that information contained in that User’s Background Check was inaccurate or incomplete. We have no control or influence over the accuracy or completeness of any Background Check. If a User is unsatisfied with his or her Background Check, he or she must take those concerns to the relevant consumer reporting agency and not to us. If a Background Check does lead us to terminate a User’s account, we will notify that User beforehand and provide him or her with a copy of the report, unless the consumer reporting agency has already done so, and the name and details of the consumer reporting agency that performed the Background Check.
5.4 Access to Background Checks by MyCareMatch.com
Users understand and agree that MyCareMatch.com reserves the right to run periodic Background Checks on any User of our Site and/or Services (“Internal Background Reviews ”) at our sole discretion. These Internal Background Reviews will be undertaken by a third party consumer reporting agency and not by us. As such, we are not responsible for the completeness or accuracy of any information contained in an Internal Background Review, but we may take actions against Users if their Background Checks reveal information that may compromise the safety, security, or integrity of our Site and/or Services, even if it is later discovered that such information was inaccurate or incomplete. We are not required to notify you if we choose to perform a Background Check on you. Your use of this Site and/or our Services means you understand and agree that we may order a Background Check on you at any time. We can order such Background Checks at our sole discretion and at any point, including during and after registration with our Site and/or Services. Likewise, we are in no way obligated to run a Background Check on any User of our Site and/or Services.
Internal Background Reviews are also governed by the FCRA. You understand and agree that these Background Checks may uncover sensitive and even damaging information about you that will be viewable by us, including information about criminal history, driving history,, work history, education, and military service. If you do not consent to these Internal Background Reviews, do not make use of our Site and/or Services.
Internal Background Reviews may also include information that leads to the termination of your account. If we undertake such action, we will notify you via email and provide you with a copy of your Background Check unless the relevant consumer reporting agency has already done so. We will also provide you with the name and contact information of the consumer reporting agency that carried out the Background Check. While you have the right to contest the accuracy and completeness of any information contained in your report with the consumer reporting agency, we are in no way obligated to reverse our decision to terminate your account if it is later learned that your Background Check was inaccurate or incomplete in any way.
5.5 Verifications
We also have the right to perform verification checks (“Verification Checks”) on you at any time and at our sole discretion. Verification Checks are not the same as Background Checks. Verification Checks are performed by third party service providers and are meant to verify any information you have provided to us for the purposes of maintaining the security and integrity of our Site and/or Services. We are not required to notify you if we choose to run a Verification Check on you. Your use of our Site and/or Services means you understand and consent that such Verification Checks may be run on you at any time. Furthermore, the parties responsible for performing these Verification Checks may make use of records, including criminal records, sex offender registries, media archives, and watch lists, which may contain sensitive information about you.
Information contained in a Verification Check may be cause to terminate your account, especially if it is discovered that you have violated any of these Terms or have made false or misleading statements to us. We can in no way guarantee the accuracy or completeness of a Verification Check. If information in your Verification Check is later found to be inaccurate or incomplete, we are in no way required to reverse our decision to terminate your account because of this information. Verification Checks are performed by a third party and we are no way liable for damages or losses caused by information contained in a Verification Check. Furthermore, we may report information contained in your Verification Check to third parties for the purposes of law enforcement and public safety.
5.6 Liability Release (Background Checks, Internal Background Reviews, and Verification Checks)
Many factors go into determining the completeness and accuracy of a Background Check, including the third party agency conducting the Background Check and the jurisdiction in which the Background Check was performed. As such, the quality of Background Checks will vary considerably for each individual User of our Site and/or Services. In some cases, a Background Check may be incomplete or inaccurate. Users who access a Background Check hereby acknowledge these limitations and agree that the quality or accuracy of a Background Check cannot be guaranteed. Furthermore, the use of any information contained in a Background Check must be carried out in full accordance with all applicable laws.
You understand and agree, through your use of our Site and/or Services, that any damages or losses that result from information contained in a Background Check, Internal Background Review, or Verification Check that you are subject to are in no way the responsibility of MyCareMatch.com. You agree to indemnify and hold us harmless for damages, losses, or other consequences that may result from information contained in a Background Check, Internal Background Review, or Verification Check, including if the information is incomplete or inaccurate.
All Users agree and accept that we are in no way obligated to perform a Background Check, Internal Background Review, or Verification Check on any User. We will perform or request these checks based on our sole discretion.
6. External Links
Our Site and Services include links to external sites, often in the form of advertisements or hyperlinks. These links are included in our Site and Services for the purposes of advertisements, advice, promotions, and other services that may be of use to our Users. However, we can in no way guarantee the quality or safety of any external site that is linked to or through our Site and/or Services. The presence of a link to an external site on our Site and/or Services in no way means we endorse or are aware of the products and services that are offered by such external sites. We have no control over the content of these external sites and we cannot be held liable for any consequences or damages that result from the use of an external site linked to or from our Site and/or Services. You understand and agree that by accessing any external site you do so at your own risk. It is your responsibility to verify the accuracy, quality, and safety of any external site. Furthermore, external sites linked to or from our Site and/or Services are governed by their own Terms of Use and not by ours. These Terms only apply to our Site and Services and not to any external site. Furthermore, external sites have their own Privacy Policies and we cannot guarantee the safety or security of any User’s personal information when they make use of any external site. Your use of our Site and/or Services means you agree to hold us harmless for any damages or losses that result from accessing any external sites linked to or through our Site and/or Services.
7. Payment and Refund Policy
Some of our products and Services are subject to either an ongoing subscription fee or a one-time fee. Users are responsible for payment of additional state and local taxes for products and Services they purchase from us.
7.1 Billing and Payment
Some levels of access to MyCareMatch.com require you to pay a subscription fee. Because we offer different levels of membership, the cost and frequency of such fees will depend on the subscription plan chosen. By signing up for a subscription, you agree to pay us via the payment method of your choosing and you authorize us to withdraw money from your account via your elected payment provider. You agree to provide us with all correct and accurate information we require to process these payments. Furthermore, if we discover that there is an error in your payment information, even if the error was caused by us, we reserve the right to correct this error afterwards at our sole discretion. We may also offer other products and Services for a fee. Again, you agree that we may process payment for these products or Services when you purchase them and, if you have already provided your credit card information to us, we may use this information in order to process payment for any additional products and/or Services you have ordered.
7.2 Automatic Subscription Renewal and Cancellation
By purchasing a subscription, you agree that such a subscription will be automatically renewed and payment processed whenever the subscription plan comes to an end. The subscription will be renewed based on the original terms of the subscription, including for the same fee, period, and frequency. If you cancel a multiple month subscription early, you will still be required to pay for the entire term of your original subscription agreement. If you cancel your monthly subscription, then you will still be liable for the current month’s payment. By cancelling a subscription, you may be liable for paying early cancellation charges and these charges will be billed to the credit card you have provided to us. You will be notified of these fees when you take out a plan. In most cases, after you cancel your subscription you will still be allowed to access and make use of your account until the original subscription period comes to an end; however, your subscription will not be renewed and you will not be permitted to access your account once the subscription period ends. If you want to cancel your subscription, please visit “Update Billing Information” in your account settings.
7.3 Free Trial Offers
We may occasionally offer limited time free or discounted trial subscriptions for Users so that they can become familiar with our Site and Services before committing to a longer-term subscription plan. When signing up for a limited-time free or discounted trial subscription, Users will be asked to provide their payment information. At the end of the free or discounted trial period, the User’s credit card will then be charged for the subscription plan that was being promoted through the free or discounted trial offer. Users are not obligated to purchase this subscription plan, but they must cancel their subscription within 30 days of being charged. When the User cancels the subscription, his or her payment will be refunded to him or her, but only if that User has not used his subscription after his or her free or discounted trial period has come to an end.
7.4 Refund Policy
We do not offer refunds or credits for products or Services purchased from us except in limited situations. Even if you do not make use of the product or Service you have purchased, you will still not be permitted a refund for the purchased product and/or Service. If you cancel an automatically renewed subscription within 30 days of the most recent payment then we will refund you this last payment, but only if you have not used your subscription during the then-current renewal period. This refund will only apply to your most recent payment and not to any other payments you have made previously. Furthermore, once you have cancelled your subscription, we reserve the right to immediately close or downgrade your account. In only especially exceptional circumstances, we may offer refunds due to extenuating circumstances and only at our sole discretion. These refunds should not be construed as a part of our routine refund policy and we will only consider such refunds on a case-by-case basis.
8. Privacy
Please visit our Privacy Policy to learn about how your personal and non-personal information is used and handled by us. We take your privacy very seriously and have taken a number of steps to make sure your use of our Site and/or Services is as safe and secure as reasonably possible.
9. Age Restrictions
Our Site and Services are only for people 18 years of age or older. When you register for MyCareMatch.com, you will be asked to provide us with your age. You are required to answer this question honestly and we take no responsibility for Users who misrepresent their age. If we find that you have misrepresented your age, we reserve the right to terminate your account without notice. We never knowingly collect information about any User who is under 18 years of age. If you are not 18 years of age or older, please do not use our Site and/or Services.
10. Release of Liability and Indemnification for Conduct and Disputes
Agreements or arrangements entered into between Care Providers and Care Seekers are solely the responsibility of the people who are parties to such agreements. We are not an employer of Care Providers and we cannot be held liable for any disputes that arise between a Care Provider and Care Seeker. We only provide a venue and Services to make it easier for Care Seekers and Care Providers to find and communicate with one another. If such Users agree to enter into an employment agreement, they do so at their own risk. Users understand and agree that if any dispute, disagreement, or legal issue arises between a Care Seeker and Care Provider, MyCareMatch.com cannot be held liable in any way. We are not party to any agreement or arrangement between any Users of our Site and/or Services. Furthermore Users understand and agree that we are not liable for any damages or losses that may result from an agreement between Users of our Site and/or Services.
The use of this Site and its Services means that Users expressly agree, represent, and understand that they will indemnify and hold MyCareMatch.com harmless for any issue, including claims and controversies, that may result between Users of the Site, including, but not limited to, issues arising between Care Seekers and Care Providers. It is the responsibility of the User to ensure to the best of his or her ability the safety and reliability of other Users on this Site during all interactions with and between those Users. We provide a Safety Center to help Users make safe and informed decisions when seeking care Services and Users agree to use this Safety Center as a tool prior to making those decisions. Use of the Site and Services requires Users to report to MyCareMatch.com any alleged improprieties by any User.
11. Copyright Issues
We will do everything in our power to protect the rights of copyright owners, regardless of whether they are Users of our Site and/or Services or third parties. If we find that you have infringed on the copyright of another party, we reserve the right to terminate your account immediately. The Digital Millennium Copyright Act (“DMCA”) governs how we respond to allegations of copyright infringement and we encourage all Users to review this legislation. If you believe that your copyright has been infringed upon by any Content appearing on our Site and/or Services, please contact our copyright agent immediately. We will investigate your claim and, if we find that your copyright has been infringed upon, we will remove the offending material immediately. Our copyright agent can be contacted at:
Copyright Agent
Legal Department
MyCareMatch, LLC
18029 Calle Ambiente, Ste 518
P.O. Box 1749
Rancho Santa Fe, CA 92067
Phone: (858) 756-4200
Fax: (858) 759-3805
When contacting our copyright agent, please include your contact information, a description of the work whose copyright you claim has been infringed upon (including any URL or access to the original work), identification of the offending work on our Site and/or Services (including a URL to the offending work), a statement that includes the phrase “under penalty of perjury” to affirm that your statement is accurate and that you are either the holder of the copyright for the original work or are authorized to communicate on his or her behalf, and a statement of good faith that states you believe your copyright has been infringed upon by the allegedly offending material. Please include your signature, its electronic equivalent, or the signature of your legal representative at the bottom of the statement.
12. Disclaimers, Limitations, Waivers, and Indemnification
12.1 Risk Assumption
Use of our Site and/or Services means you understand and agree that you are solely responsible for any risks that may be present through use of our Site and/or Services. This assumption of risk extends to any interactions you may have with any other Users of our Site and/or Services. While we require you to visit our Safety Center to better protect yourself, we cannot be held liable for any losses or damages that may arise from any risks associated with our Site and/or Services.
12.2 No Warranty
Not all Content that appears on our Site and/or Services is directly authored by us. Since we are a primarily User-driven business, much of the Content, including advice, opinions, and information that appears on our Site and/or Services is not made by us nor by a representative of MyCareMatch.com. Furthermore, third-party Content that appears on our Site and/or Services, such as advertisements, advice, or promotion material, is not authored by us nor do we endorse any claims made by such Content. We make no warranties for any Content or other material that appears on our Site and/or Services that is not expressly authored by us. To the fullest extent permitted by applicable laws, we do not warrant the quality or accuracy of any material posted on our Site and/or Services by authors or others who are not authorized representatives of MyCareMatch.com, we do not accept or endorse any opinion or statement made by any party who is not an authorized representative of MyCareMatch.com, we do not warrant that access to our Site and/or Services will not be disrupted by any security or infrastructure problem nor do we guarantee access to our Site and/or Services, and we do not warrant the non-infringement of third-party rights. Furthermore, we make no representations or warranties concerning the quality, accuracy, or reliability of any User of our Site and/or Services. MyCareMatch.com expressly disclaims any liability for errors or inaccuracies found on our Site and/or Services and we exclude all warranties, conditions, and other items that may be implied by statute, common law, or the law of equity.
12.3 Indemnification
In the event of any third party claims, you agree to indemnify, defend, and hold harmless MyCareMatch.com and its Affiliates from such claims. These claims may also include liabilities, costs, and losses (including reasonable attorney’s fees) that arise out of a third party claim. Such third party claims may be connected to material posted or transmitted by a User through our Site and/or Services and/or violations of our Terms or the law by a User of our Site and/or Services. To the fullest extent permitted under the law, you agree to cooperate in any defense against a third party claim. Furthermore, you require our written consent before settling or concluding any claim or related case. We reserve the right to assume the defense of any legal matter that involves the indemnification of any of our Users at either our expense or the expense of our Affiliates. You shall indemnify and hold harmless MyCareMatch.com for any claim connected to a third party’s use of any Content or material posted through our Site and/or Services, whether by us or by a User.
12.4 Liability Limitation
You agree that MyCareMatch.com has no liability for any damages or losses that may result from your use of our Site and/or Services, including any inability to use our Site and/or Services. For example, damages may arise from loss of information or Content, the Site or Services being down, viruses, malware, malicious content, changes to the Site and/or Services, or any related action or consequence connected to the use of our Site and/or Services. Even in cases where we are aware that damages may result to Users because of changes or performance issues regarding our Site and/or Services, you still agree that we bear no responsibility for these damages and cannot be held liable for them in any way whatsoever. We also disclaim all liability for any damages that may result from your use of any third party links or Content that may appear on our Site and/or Services. Our aggregate liability is limited to the amount you have paid for a subscription or, if you have not paid for a subscription, then to $25.00.
We have little to no control over the behavior of the people who use our Site and/or Services. While we do everything in our power to make sure Users abide by these Terms, we cannot be held liable in any way for any damages or losses connected to the actions, behavior, statements, or opinions made by Users of our Site and/or Services. This limitation of liability extends to any instances of violence, fraud, negligence, abuse, misrepresentation, or other objectionable behavior on the part of Care Seekers, Care Providers, or any other User. We make no claims as to the reliability, accuracy, or quality of any information, representation, or claim made by any User on our Site and/or Services and we expressly disclaim all liability for damages and losses connected to any of our Users’ conduct, whether online or offline.
Any statements or claims made on our Site and/or Services, whether by MyCareMatch.com, our Users, or by any third parties, is meant for informational purposes only. We disclaim all liability for any damages or losses that may result in connection with any information, material, or advice that appears on our Site and/or Services. The material provided by us and third parties on our Site and/or Services should not be considered a substitute for advice received from qualified professionals, including in the fields of law, medicine, finance, health, and other areas. If any loss or damage occurs in connection to any material found on our Site and/or Services, you expressly agree that we shall not be held liable in any way whatsoever for these losses and damages. We make no representation or warranties in regards to any material found on or through our Site and/or Services.
13. Agreement to Arbitrate
13.1 Agreement to Arbitrate
This section governs your rights and responsibilities during any arbitration process (“Arbitration”) between you and MyCareMatch.com (“Arbitration Agreement”). Unless you opt out of this Arbitration Agreement, you will be bound by the terms of the Arbitration Agreement and your continued use of our Site and/or Services means you agree that any dispute or claim between you and us shall be decided through a process of Arbitration. Your acceptance of this Arbitration Agreement means that you shall not pursue claims against us through the courts, to the fullest extent permitted by law, and you will adhere to any decision reached through the Arbitration process and consider such decisions binding and final. A neutral arbitrator will exclusively determine your rights as a claimant and not a judge or jury. The only exception to this Arbitration Agreement is if you have a claim that qualifies to be made in small claims court. This section is governed by the Federal Arbitration Act.
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
Unless otherwise expressly consented to by us in writing, you agree that any claim made against us must only be pursued on an individual basis and that any rewards granted to you may only be rewarded on an individual basis as well. You may not pursue claims against us as part of a class or representative lawsuit nor may you attach your name to any claim against us made by another User. Any relief you receive as a result of your claims must not be allowed to affect any other Users of our Site and/or Services. The only time a User may pursue class or representative claims is if both we and the User expressly agree in writing to such a claim being pursued as part of a class or representative action.
13.3 Pre-Arbitration Claims and Dispute Resolution
Arbitration should be considered only as a measure of last resort and, in the vast majority of cases, we will attempt to resolve any disputes that may arise between us and a User without going to Arbitration. If you have a dispute or complaint with us, please email us first at careteam@mycarematch.com or at MyCareMatch, LLC, Attn: Legal Department, 18029 Calle Ambiente, Ste 518, P.O. Box 1749, Rancho Santa Fe, CA, 92067.
13.4 Procedures for Arbitration
A neutral arbitrator will conduct the Arbitration process in accordance with the rules and procedures provided by the American Arbitration Association (“AAA”) and their Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”). You can find more information about the AAA, AAA Rules, and fees associated with Arbitration at http://www.adr.org and http://www.adr.org/consumer_arbitration. Unless the arbitrator rules that doing so would be unfair to the Arbitration process, any conflict between this Arbitration Agreement and the AAA Rules will mean that this Arbitration Agreement will take priority. The arbitrator will conduct the Arbitration process in accordance with the rules laid out in these Terms. Any relief awarded by or decision made by an arbitrator is legally binding and can only be overturned by a court and only in limited circumstances.
When pursuing Arbitration, please submit a form to the AAA and a copy of that form to MyCareMatch, LLC, Attn: Legal Department, 18029 Calle Ambiente, Ste 518, P.O. Box 1749, Rancho Santa Fe, CA, 92067. We reserve the right to file a counterclaim against any User who files a claim against us.
Arbitration will be conducted by telephone and/or written submissions if the User is seeking relief of less than $10,000 unless we or the User choose to conduct the Arbitration in a different manner or the arbitrator rules that an in-person process is required. In most cases, Arbitration will take place in the county where the User resides. The specific location for Arbitration will be agreed to by both the User and us. Unless the arbitrator orders otherwise, we or the User may attend an in-person hearing via telephone. The decision of where and how Arbitration will be conducted is legally binding, unless ruled otherwise by the arbitrator.
Arbitration is governed by the laws of the State of California and without regard to its conflict of laws principles and the arbitrator will work in accordance with these laws. Any prior ruling involving a MyCareMatch.com User shall not be binding on the arbitrator, but the arbitrator is bound by previous arbitrations involving us and the User making the current claim.
13.5 Confidentiality
Arbitration is strictly confidential, including any and all awards of relief.
13.6 Costs
All costs associated with Arbitration are regulated by the AAA Rules, unless stated otherwise in this Agreement. In some circumstances, but only when ordered to do so by the arbitrator, we may pay for the arbitration costs (but not the attorneys’ fees) of the User who is bringing the claim against us. The payment of the User’s costs, either in whole or in part, by us will only be granted if the arbitrator rules the User cannot afford to pay the costs or paying the costs would present an unfair situation to the process or create an unfair burden on the User. Fees and costs not directly connected to Arbitration, including attorney’s fees, will be the responsibility of the party responsible for such fees. If the arbitrator decides that a claim against us is frivolous, then the User bringing the claim forward may be required to refund us any and all fees and costs that we were previously ordered to pay on the User’s behalf for the purposes of Arbitration.
13.7 Severability
Except for Section 13.2, any item in these Terms that is found to be invalid or unenforceable by a court shall be replaced by the court by an item that maintains the original intent of the removed or modified item. The removal or modification of any part of these Terms shall have no effect on the validity and enforceability of the rest of these Terms. If any part of Section 13.2 is found to be invalid, then the entirety of Section 13 shall be considered null and void.
13.8 General Release
The provisions of California Civil Code section 1542 set forth below are hereby expressly waived regarding all releases of MyCareMatch.com in this Agreement:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
13.9 Future Changes
Unless stated otherwise in these Terms, any change we make to this Arbitration Agreement will have no effect on any claim made against us prior to the effective date of the change, with the exception of changes to any notice address or links. Likewise, if we terminate this Arbitration Agreement, such termination will not affect any claim made against us before the Arbitration Agreement’s termination became effective. The termination of the Arbitration Agreement will go into effect 30 days after the Terms have been posted with this Arbitration Agreement removed.
14. Governing Law and Jurisdiction
These Terms and any claims between a User and us are governed by the laws of the State of California without regard to its principles of conflict of law and, in regards to Section 13, by the Federal Arbitration Act.
15. Miscellaneous
If any part of these Terms is found to be invalid or unenforceable, then any parties involved will agree to replace the offending piece of the Terms with language that maintains the original intention of the removed or modified item. Any new or modified part of these Terms will be considered valid and enforceable and they shall have no bearing on the rest of these Terms. In no way whatsoever does this Agreement make either party the partner, employer, employee, contractor, agent, legal representative, or joint venture of the other. This Agreement does not authorize any third party to bring claims or disputes against us unless authorized to do so by these Terms. Affiliates are considered third party beneficiaries and may enforce this Agreement against Users. This Agreement inures to the benefit of the parties, their legal representatives, assigns, and successors and is considered binding by all parties.
16. Contact Details
Please address any questions or concerns related to the Site and Services and/or these Terms to:
Legal Department
MyCareMatch, LLC
18029 Calle Ambiente, Ste 518
P.O. Box 1749
Rancho Santa Fe, CA 92067.