Come2UCaregivers.comTerms of Use

This Agreement contains all of the terms and conditions between ("Come2UCaregivers.com") and you ("Caregivers/Care Seekers and/or any other user") and governs the use of the service offered at the Come2UCaregivers.com Website (the "Site"). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a member of Come2UCaregivers.com ("Member"). If you wish to become a Member and make use of the Come2UCaregivers.com service (the "Service"), then please read this Agreement. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Come2UCaregivers.com Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Come2UCaregivers.com at any time, effective upon posting on the Come2UCaregivers.com Website, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Come2UCaregivers.com from time to time, such modifications to be effective upon posting by Come2UCaregivers.com on the Site. This Agreement includes the Come2UCaregivers.com Privacy Policy. By accessing the Site or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.

2. Come2UCaregivers.com IS A VENUE. The Site is a communications platform for enabling the connection between individuals seeking in-home healthcare services ("Care Seekers") and/or individuals providing in-home healthcare services ("Caregivers"). Come2UCaregivers.com does not take part in the interaction between Care Seekers and Caregivers except to collect payments on the behalf of Care Seekers and Caregivers for venue services through the Site. Users do hereby represent, understand and expressly agree that Come2UCaregivers.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Caregivers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Seekers. Come2UCaregivers.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Caregivers or Care Seekers through the Site whether in public, private or offline interactions. Come2UCaregivers.com does not assume any responsibility for the accuracy or reliability of any information provided by Caregivers or Care Seekers on this Site. Come2UCaregivers.com does not assume and expressly disclaims any liability that may result from the use of this information. Come2UCaregivers.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Care Seekers and Caregivers do hereby expressly agree not to hold Come2UCaregivers.com (or Come2UCaregivers.com's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site and Come2UCaregivers.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

3. ELIGIBILITY. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Caregiver or any other users of this Site are not the responsibility of Come2UCaregivers.com. Come2UCaregivers.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Caregivers and/or other users of this Site. Users do hereby represent, understand and agree to hold Come2UCaregivers.com harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.

4. RELEASE. Care Seekers may seek the services of a Caregiver through the use of the Site and Caregivers may submit proposals to Care Seekers regarding their services. Once a Care Seeker has accepted the terms of the service from the Caregiver and the Caregiver has accepted the terms of the payment from the Care Seeker, a binding contract is formed between the Care Seeker and the Caregiver. If there are any issues concerning the service received by the Care Seeker or payment due to the Caregiver, Care Seekers must deal directly with Caregivers and vice/versa to resolve any disputes. Come2UCaregivers.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using this Site, you do hereby represent, understand, and expressly agree to hold Come2UCaregivers.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Come2UCaregivers.com will use its reasonable efforts to monitor Caregiver and Care Seeker profiles, actions, comments, and general usage of the Site and suspend privileges to any Care Seeker or Caregiver not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. In addition, you agree to review the Come2UCaregivers.com Safety Tips prior to using the Service. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to Come2UCaregivers.com immediately by notifying Come2UCaregivers.com of the same via electronic correspondence at membercare@Come2UCaregivers.com.

5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Come2UCaregivers.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Come2UCaregivers.com or to any other user of the Site.

You understand and agree that Come2UCaregivers.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of Come2UCaregivers.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.

By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Come2UCaregivers.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Come2UCaregivers.com will not infringe or violate the rights of any third party.

In addition, if you post a video to the Site, you are required to agree to the terms of use of Fliqz, Inc., a third party that provides video services on the Site. The Fliqz Terms of Use at http://www.fliqz.com/FliqzAPI/terms.htm is hereby incorporated into this Agreement by reference.

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Come2UCaregivers.com, are those of their respective authors. Such authors are solely responsible for such content. Come2UCaregivers.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Come2UCaregivers.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.

7. PRIVACY. Come2UCaregivers.com will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

8. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by Come2UCaregivers.com) or inclusion of advertisements do not constitute an endorsement by Come2UCaregivers.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Come2UCaregivers.com does not control such sites, and is not responsible for their content. Just because Come2UCaregivers.com has hyperlinks to such sites does not mean that Come2UCaregivers.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Come2UCaregivers.com's Terms of Use and Privacy Policy. Come2UCaregivers.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Come2UCaregivers.com harmless from any liability that may result from the use of links that may appear on the Site.

9. COPPA COMPLIANCE. Care Seekers and Caregivers should monitor children's use of the Internet. Come2UCaregivers.com is intended for people 18 or over. Come2UCaregivers.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. Come2UCaregivers.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.

10. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Care Seekers or Caregivers for employment or contracting for a business not affiliated with Come2UCaregivers.com without express written permission from Come2UCaregivers.com. Should Come2UCaregivers.com find that you violated the terms of this paragraph or any terms stated herein, Come2UCaregivers.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Caregiver or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.

Although Come2UCaregivers.com cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

In order to protect the integrity of the Site and the Service, Come2UCaregivers.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

11. PAYMENT AND REFUND POLICY FOR Caregivers. The basic services of Come2UCaregivers.com are free for individual Caregivers.

Companies and agencies that sign up as Caregivers are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Caregivers agree to pay Come2UCaregivers.com all charges at the prices then in effect for any use of the Site. In addition, these Caregivers authorize Come2UCaregivers.com to charge their chosen payment provider for use of the Site. Come2UCaregivers.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

12. THIRD PARTY VERIFICATION SERVICE. Come2UCaregivers.com may make a third-party verification service available to Care Seekers and Caregivers. Care Seekers and Caregivers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Come2UCaregivers.com is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service.

13. FAIR CREDIT REPORTING ACT. If you decide to use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with the Fair Credit Reporting Act ("FCRA"), which can be found at http://www.ftc.gov/os/statutes/fcrajump.htm. Come2UCaregivers.com does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.

14. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". Come2UCaregivers.com DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

15. LIMITATION OF LIABILITY. In no event will Come2UCaregivers.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Come2UCaregivers.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Come2UCaregivers.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will Come2UCaregivers.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Come2UCaregivers.com EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Come2UCaregivers.com cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Come2UCaregivers.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

16. INDEMNIFICATION. By agreeing to the terms of this Agreement, users of the Site agree to indemnify, defend and hold harmless Come2UCaregivers.com, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Come2UCaregivers.com and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Come2UCaregivers.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Come2UCaregivers.com and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Come2UCaregivers.com. Users further agree to hold harmless Come2UCaregivers.com and Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

17. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Come2UCaregivers.com 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.

18. NOTICE OF TRADEMARK RIGHTS.The service marks and trademarks Come2UCaregivers.com and the Come2UCaregivers.com logo are service marks owned by Come2UCaregivers.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Come2UCaregivers.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

19. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Illinois, McHenry County, for the resolution of any such dispute.

20. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.