Last Modified: 11/19/2020
THE ONLINE SERVICES COMPRISE OF AN ONLINE MARKET PLACE THROUGH WHICH SENIOR CARE PROVIDERS MAY CREATE AN ACCOUNT IN ORDER TO FIND INDIVIDUALS AND FAMILIES THAT MAY LEARN ABOUT THEM AND BOOK THEIR SERVICES DIRECTLY WITH THEM. YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SENIOR CARE PROVIDERS AND INDIVIDUALS,FAMILIES, OR BUSINESSES. COMPANY HAS NO CONTROL OVER THE CONDUCT OF THE SENIOR CARE PROVIDERS AND INDIVIDUALS, FAMILIES, OR BUSINESSES AND COMPANY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU REGISTER AN ACCOUNT IN THE APP, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH COMPANY IS LIMITED TO BEING A USER AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER, OR A PARTNER OF COMPANY FOR ANY REASON AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT AND NOT ON BEHALF OF OR FOR THE BENEFIT OF COMPANY.
You are expected to check this page each time you access the Online Services so you are aware of any changes as they are binding on you.
How the Online Services Work
Contractual Relationship Between Caregiver and Client
You acknowledge and agree that an Engagement is comprised of the following (as applicable):
You acknowledge and agree that a legally binding contract is formed when you enter into an Engagement with either a Senior Care Provider or a Careseeker. EFINDCARE is not a party to any Engagement or any related agreements or terms formed between the Users and does not create an employment relationship between EFINDCARE and the Senior Care Provider and/or the Careseeker .
EFINDCARE provides the platform that enables the connection between and allows the Careseekers and Senior Care Providers to communicate with one another in our web based messaging system . You agree to only use the messaging system provided by EFINDCARE in our Online Services to communicate with other Users and to create and enter into any Engagements.
Senior Care Provider’s Use of Care Provider Assistants
Careseekers are solely responsible for confirming with their Senior Care Provider whether any Care Provider Assistants are Registered Care Providers in the Online Services. Careseekers understand that they are entering into a separate Engagement with the Senior Care provider and each of its Care Provider Assistant.
Efindcare.com Account Registration and Eligibility
The Online Services are intended solely for persons who are 18 years or older. Any access to or use of the Online Services by anyone under18 years old is expressly prohibited. By accessing or using the Online Services you represent and warrant that you are 18 years or older. If you are a Careseeker, you may use your Account only to find care for yourself, your parents, your children, your grandchildren, for individuals for whom you are the legal guardian of, or for another Careseeker with whom you are entering into a shared care arrangement with. If you are a Senior Care Provider, you may use your Account only to find care jobs for yourself or if a company, for the company itself. You are responsible for all activity on and for the use of your Account, and you may not assign or otherwise transfer your account to any other person or entity.
Account Registration for Senior Care Providers
Account Registration for Careseekers
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases. As a Senior Care Provider, by creating your Account, you authorize Company, directly or through third parties, to use the information provided in your Account to conduct a background check and to make any inquiries necessary to validate your identity and confirm the information provided by you in your Account.
Reliance by Company
You authorize Company to rely on your Account username and password to identify you when you use the Online Services and as a signature authorization for any payment made using the Online Services. You acknowledge and agree that you are responsible for all payments you make using the Online Services and for paying any and all associated late charges or penalties.
You must treat your username and password as confidential information, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Online Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You also agree to ensure that you log out and exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer, so that others are not able to view or record your username, password, or other personal information.
Company is committed to protecting the security and confidentiality of information about you and your Account. Company uses, and may in the future use, several different security methods to protect your Account, including:
- You can only access the Online Services with certain browsers that have high-security standards.
- The Online Services will automatically log off if prolonged periods of inactivity occur.
- We use challenge-response authentication (CAPTCHA) testing to prove that you are human and not a computer trying to break into a password-protected Account .
- We also use precautions to protect the privacy of your username, password, and other Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your username, password, and Account information are encrypted using an SSL connection and while in transit, cannot be read in an intelligible form as they travel to the Online Services.
You, however, are ultimately responsible for protecting your username, password, and Account information from disclosure to third parties, and you are not permitted to circumvent the use of any encryption technologies we implement on the Online Services. You are required to take reasonable precautions to safeguard your username and password. You agree to never leave your computer unattended while using the Online Services and to always log out and exit out of your Account by clicking “Log Out.” You also agree to immediately notify the Company of any unauthorized use of your username, password, and/or your Account or any other breach of security by calling 1 (888) 563-4632 or by email at [email protected]
You are solely responsible for any activity that occurs with respect to your Account. While we implement certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure or that such transmissions are free from delay, error, interception, or interruption.
Email and Online Message Center
Usage of Electronic Communication
Intellectual Property Rights
You acknowledge and agree that the Online Services and any necessary software used in connection with the Online Services (“Software”) contain proprietary and confidential information that is the property of Company and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with the Online Services is provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Online Services or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Online Services or the Software, in whole or in part, at any time. You also acknowledge Company’s exclusive rights in the EFINDCARE.COM trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Online Services are the property of Company or the party that provided such intellectual property to the Online Services. Company and any party that provides intellectual property to the Online Services retain all rights with respect to any of their respective intellectual property appearing on the Online Services, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Online Services, or which, as determined by us, may harm the Company or Users of the Online Services, or expose them to liability.
Additionally, you agree not to:
- Use the Online Services in any manner that could disable, overburden, damage, or impair the Online Services or interfere with any other User’s use of the Online Services, including the ability to engage in real-time activities through the Online Services.
- Use any robot, spider, or other automatic devices, process, or means to access the Online Services for any purpose, including monitoring or copying any of the material on the Online Services.
- Use any device, software, or routine that interferes with the proper working of the Online Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Online Services; the server on which the Online Services is stored; or any server, computer, or database connected to the Online Services.
- Attack the Online Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Online Services.
The Online Services may contain message boards; chat rooms; personal web pages; or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users or other persons ( “Post”) content or materials (collectively, “User Contributions”) on or through the Online Services.
Any User Contribution you Post to the Online Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit, contribute, or Post, and you, not the Company, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by you or any other User of the Online Services.
These content standards (“Content Standards”) apply to any and all User Contributions and to the use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Senior Care Providers further represent and warrant the following:
- When using the Online Services, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity.
- You have any and all the insurance required to operate your business and provide your services.
- You have the unrestricted right to work in the jurisdiction in which you will be performing your services pursuant to the Engagement.
- If the Service that you agreed to provide is in a jurisdiction that requires you to have a business license or business tax registration, you have the required license or business tax registration.
- You are responsible for identifying and obtaining any required permits and licenses or registrations before offering services and undertaking a job.
- You will honor your commitments to the other Users in the Online Services, including responding to job invites promptly, performing the service as agreed upon in the Engagement with the Careseeker and providing timely, high quality service to the Careseekers.
You will only offer and provide services for which you have the necessary skills, experience, and expertise and provide these services safely and in accordance with the applicable laws and regulations.
Subscription, Billing, and Payment.
EFINDCARE allows the collection of payments via its third party payment provider in the Online Services. EFINDCARE disclaims any other authority to act on behalf of the Senior Care Provider and assumes no liability or responsibility for any acts or omissions of the Senior Care provider, whether within or outside the Online Services. Your access to or use of the Online Services shall be contingent upon your payment of all applicable fees as described on the Online Services (“Fees”). Upon creating an Account, you will be required to designate a valid payment method. You hereby authorize Company to charge to your designated payment method all Fees relating to all of your Engagements you entered into with other Users, and you agree to pay all such Fees in accordance with the applicable payment method terms and conditions.
To ensure uninterrupted service, all subscriptions to the Online Services are renewed automatically. You hereby authorize Company to charge subscription fees for the renewal period to the payment method on file in your Account. All subscriptions are renewed at the subscription level(s) and all applicable Fees in effect are owed at the time the then-current subscription term ends. You may cancel the subscription at any time by following the cancellation link in your Account. Subscription fees that are based on monthly periods will begin on the subscription start date and renew at each monthly anniversary thereafter; therefore, fees for Careseekers and Senior Care Providers subscriptions added in the middle of a monthly period will be charged for that full monthly period and the monthly periods remaining in the subscription term.
In addition, the user is responsible for payment for any othr services purchased from any third party through the Online Services along with the applicable state or local sales taxes.
Company makes the Online Services available to enable Senior Care Providers and Careseekers to find each other and secure their engagements themselves. Therefore, Company charges a fee when a Senior Care Provider finds a suitable client by entering into an Engagement with a Careseeker. Careseekers and Senior Care Providers are obligated to pay for the services made available for them by using the Online Services. In addition, Company does not charge any fee or dues for posting public feedback and composite or compiled feedback.
Users contract for services via Engagements directly with one another. EFINDCARE will not be a party to any Engagement. Payment for Engagements through the Online Services is made directly from the Careseeker to the Senior Care Provider via the third party payment provider and not by EFINDCARE. EFINDCARE is not obligated to compensate the Senior Care Provider for a Careseeker failing to pay for the services rendered under the applicable Engagement.
Service payments, platform fees, cancellation fees, and third party payment provider fees must be paid through the third party payment portal . Senior Care Providers are solely responsible for invoicing the Careseekers that they enter into Engagement with within 24 hours of the services under the Engagement being performed even if the service is not completed in its entirety or designated as “ongoing”. .
Careseekers will be solely responsible for paying the invoice for the services rendered to them via the Engagement, including (1) the total price invoiced by the Senior Care Provider, which was mutually agreed upon, including any revised pricing, (2) any agreed upon out of pocket expenses submitted by the Senior Care Provider, (3) the service charge for using the Online Services, including monthly plans, 4) the third party payment provider fees, and (5) 1 or 2 hour cancellation fees equivalent to the Senior Care Providers hourly rate , depending on the type of service chosen Senior Care Providers will be solely responsible for paying (1) the service charge for using the Online Services, (2) third party payment provider fees, (3) Premium monthly plans for using the Online Services ,if applicable, and
(4) re-payment of erroneous charges or payments.
EFINDCARE and the third party payment provider may validate an Account before activation and prior to each Engagement entered into on in the Online Services. As part of this validation, a temporary charge may be placed on the Account associated with the User and then refunded. Due to the difference in the third party payment providers and the User’s credit/debit card issuer requirements, this temporary charge may vary.
Careseeker agrees and authorizes the third party payment provider to automatically process any Senior Care Provider’s invoice(s) once the Careseeker receives confirmation via email that the services under the Engagement has been completed.
EFINDCARE reserves the right, but is not obligated upon written request from the Careseeker or Senior Care provider or upon notice of any potential fraud, unauthorized charges, or misuse of the Online services to (1) place on hold any Engagement payments, out of pocket expenses, or tips or gratuity or (2) provide credits or refunds or arrange for the third party provider to do so.
Payments Restricted Outside the Online Services
Our Online Services goes under great lengths to keep your personal information secure ,ensure the safety of all users, and being able to provide valuable services to our elderly/seniors that need to function and live optimally on a daily basis. As a Senior Care Provider in the Online Services, you agree not to violate the Online Services payment system by:
- Accepting payments for hours worked outside the Online Services
- Providing Careseekers withyour contact information (phone number, email address, website, social media accounts, etc.) for the purpose of providing services or receiving payment outside of the Online Services
- Improperly invoicing hours (invoicing for more or less hours than you actually worked)
- Invoicing for hours worked as reimbursements
- Cancelling a service that has been completed under the Engagement
- Any other action that circumvents EFINDCARE’S payment system
Monitoring and Enforcement; Termination; Refund Policy
Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Online Services are non-refundable, and Company will not prorate any Fees paid for a subscription and Online Services that is terminated before the end of its term.
You may cancel your subscription at any time. You can view cancellation instructions in your Account panel. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, and you may use the Online Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).
We have the right to do the following:
- Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Online Services.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Services.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is Posted on the Online Services and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party on the Online Services. We have no liability or responsibility to anyone for performance or nonperformance of the activities/services described in this section.
Company respects the intellectual property of others and we request our Users do the same. In certain circumstances and at its discretion, Company may, but is not obligated to disable, suspend, and terminate the Accounts of Users who may be infringing on the rights of others. If you believe that your content has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact Company as soon as practically possible at [insert contact information, email address and/or appropriate link to designated agent responsible for infringement claims] with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of where the material you claim is infringing is located on the Online Services;
- your name, address, telephone number, and email address;
- a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access thereto) from the Site of EFINDCARE.COM by sending us a notice and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Reliance on Information Posted
The information presented on or through the Online Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or User to the Online Services or by anyone who may be informed of any of its contents.
The Online Services includes content provided by third parties, including materials provided by other Users; bloggers; and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party on the Online Services.
Changes to the Online Services
We may update the content on the Online Services from time to time, but its content may not necessarily be complete or up-to-date. Any of the material on the Online Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Online Services
Online Purchases and Other Terms and Conditions
Linking to the Online Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Online Services may provide certain social media features that enable you to:
- Link from your own or certain third-party Online Services to certain content on the Online Services.
- Send emails or other communications with certain content, or links to certain content, on the Online Services.
- Cause limited portions of content on the Online Services to be displayed or appear to be displayed on your own or certain third-party Online Services.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any Online Services that is not owned by you.
- Cause the Online Services or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
- Link to any part of the Online Services other than the homepage.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Websites
The Online Services may provide, or third parties, including Users, may provide links to other websites or resources, which are not maintained by or related to Company. Links to such sites are provided as a service to our Users and are not sponsored by, endorsed, or otherwise affiliated with Company. Company has no control over these sites and their content and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials, or information contained on any such website. Therefore, you acknowledge and agree that Company is not responsible for the availability of such links, resources, and content and does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any content, goods, or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF COMPANY REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, [NAME OF WEBSITE] HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
The owner of the Online Services is based in the State of California in the United States. We provide the Online Services for use only by persons located in the United States. We make no claims that the Online Services or any of its content is accessible or appropriate outside of the United States. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Online Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Online Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE ONLINE SERVICES OR ON ANY ONLINE SERVICES LINKED TO IT.
YOUR USE OF THE ONLINE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR ONLINE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY; ITS AFFILIATES; OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, SUCH AS ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE ONLINE SERVICES, ANY ONLINE SERVICES LINKED TO IT, ANY CONTENT ON THE ONLINE SERVICES, OR SUCH OTHER ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR SUCH OTHER ONLINE SERVICES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
If there is any dispute about or involving the Company and/or the Online Services, you agree that any dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts located in San Francisco County, California.
YOU AND EFINDCARE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION, OR PROCEEDING. UNLESS BOTH YOU AND EFINDCARE EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST EFINDCARE AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted by a neutral arbitrator in accordance with the rules of Arbitration of the American Arbitration Association applying California law that are in effect at the time the arbitration is initiated (collectively referred to as the “AAA Rules”), as modified by this Arbitration Agreement, and excluding the AAA Class Action Procedures. For information on AAA, please visit its website, https://www.adr.org/Rules. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions of these Terms. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use our Online Services for the first time. You must mail the Opt-Out Notice to EFINDCARE at the following address:
Attn: Legal Department
Burlingame Business Center
533 Airport Blvd. Suite 400 Burlingame
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against EFINDCARE.COM prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted and shall not be effective as to any claim that was filed in a legal proceeding against EFINDCARE.COM prior to the effective date of removal.
Limitation on Time to File Claims
Your Comments and Concerns
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