Use of the Site
The Site provides information regarding individuals providing professional caregiver services who have completed the 50-hour Dementia Care Training for Professionals, as further described below (“Professional Caregivers”), to connect with individuals seeking such services (“Families”). Professional Caregivers and Families, together with any other individuals accessing, using, viewing, transmitting, posting, caching, storing, or otherwise utilizing the Site or any of the content or information on the Site, are herein collectively referred to as “Users”. Users of the Site contract between themselves. By accessing or using the Site, Users certify that they are at least thirteen (13) years of age. By entering into a transaction with another User through the Site, Users certify that they are at least eighteen (18) years of age and have the capacity to enter a binding contract. Users acknowledge that the CaringKind and its officers, directors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, employees, or local chapters, hereinafter its “Affiliates”) are in no way involved in transactions for services to be rendered by any User. If there are any issues concerning advice and/or service(s) received from any User or payment due to any User, Users must deal directly with the other User to resolve any such issues or disputes. Subject to the foregoing and to the disclaimer of liability set forth below, each User does hereby agree to report any alleged improprieties of any Users to CaringKind immediately. If the Site contains profiles, job postings, forums, communities and/or other message or communication facilities (“Public Areas”) that allow a User to communicate with any other User, Users do hereby agree to use such Public Areas only to communicate information that is lawful, relevant, and proper to the applicable forum. Any usage of the Site by any User that CaringKind finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use the Site.
Restrictions on Use of the Site
By viewing or using the Site, Users agree, without limitation, not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful content.
- Use the Site for any purpose which is in violation of local, state, national, or international law.
- Advertise or offer to sell any goods or services for any commercial purpose on the Site, other than the legitimate services of Professional Caregivers as contemplated by the Site.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters using the information of Users on the Site.
- Impersonate another person or pretend to be a representative of any entity, whether actual or fictitious, or allow any other person or entity to use your identification for purposes of the foregoing.
- Post the same note repeatedly (referred to as ”spamming”), use the Site for junk mail, solicitations of any sort which are not relevant to the services offered by Professional Caregivers on the Site, or bulk communications of any kind, or use the information of Users on the Site for any of the foregoing. Spamming is strictly prohibited.
- Restrict or inhibit any other User from using and enjoying the Public Areas.
- Take any action that imposes any unreasonable or disproportionately large load on CaringKind’s infrastructure.
- Use any robot, spider, other automatic device, or manual process to monitor or copy Site or the content or information contained therein without the prior express written permission of CaringKind.
- Use any device, software, or routine, including, without limitation, any viruses, Trojan horses, worms, bugs, bots, or malware to damage, expropriate data, interfere with, or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.
- Copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the prior express written consent of the CaringKind and any appropriate third parties or, with respect to User Information (defined below) only, the applicable User.
- Create liability for CaringKind or cause CaringKind to lose, in whole or in part, the services of CaringKind ISPs or other suppliers.
- Share with, transfer to, or otherwise permit use of any password or account username for accessing the Site (“Passwords”) by any party other than the User to whom the Passwords were issued by CaringKind.
The CaringKind reserves the right to revoke or suspend the privilege of any User to use or view the Site at any time and at its sole discretion whether for any reason or no reason at all.
Proprietary Rights and Restrictions on Use of Content and Information
Excluding User Information, all content and information contained in the Site is the property of CaringKind, its Affiliates and its licensors. No content or information from the Site or any website owned, operated, licensed, or controlled by CaringKind or its Affiliates may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way other than as required for appropriate use of the Site in accordance with this Agreement. Use of any such content or information on any other web, Internet, intranet, extranet, or other site or computer environment is prohibited.
All copyrights, trademarks, logos, service marks, trade names, trade dress, and any other intellectual property rights in and to the content and information contained in the Site, other than User Information, are proprietary to the CaringKind. No license or right to or in any such proprietary content or information is granted to or conferred upon any User. Users may not frame or utilize framing techniques to enclose any such proprietary content or information (including, without limitation, images, text, page layout, or form) without the prior express written consent of CaringKind Users may not use any meta tags or any other hidden text utilizing CaringKind proprietary content or information without CaringKind prior express written consent in each case. Unauthorized use of the Site or the content or information contained on the Site may violate applicable trademark, copyright, or other intellectual property laws.
The trademarks, logos, service marks, trade names, and trade dress displayed on the Site (collectively, the “Trademarks”) are registered and common law Trademarks of CaringKind, its Affiliates and various third parties. Any reproduction or use of any of the Trademarks displayed on the Site without CaringKind’s prior express written consent of the CaringKind in each case is prohibited. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without our prior express written consent of CaringKind in each case.
The Site, including all of the content and information on the Site except for User Information, is the property of CaringKind and protected by a variety of copyrights. Users are permitted to browse the Site and to reproduce extracts from the Site for their personal, non-commercial purposes only. The Site and the content and information provided on the Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted, incorporated in any other work, publication or website, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, in any way other than as required for permitted use of the Site under this Agreement without the prior express written consent of CaringKind in each case.
Modifications to the Site
The CaringKind reserves the right in its sole discretion, but has no obligation, to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to Users. Each User has the same rights with regard to User Information posted by such User, provided that any such changes are in compliance with this Agreement. Users agree that CaringKind and its Affiliates shall not be liable to User or any third party for any modification or discontinuance of the Site or any content or information on the Site.
User account, password and security
All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account. The CaringKind has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Users are responsible for maintaining the confidentiality of Passwords, and bear the risk of all activities that occur under such User's Password or account. Users will use Passwords only in accordance with this Agreement. Each User agrees to immediately notify the CaringKind of any unauthorized use of or access to a User’s Password or account or any other breach of security. The CaringKind may in its sole discretion revoke any access rights in connection with such Passwords from User at any time and without cause.
Users are responsible for providing accurate, timely and complete information to CaringKind in connection with their registration for and use of the Site. The CaringKind is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided by a User to the Site.
Each User understands and acknowledges that any User Information is freely provided by such User, that each User is solely responsible for their respective User Information, such User Information will be accessible to the public through the Site, and CaringKind acts as a passive conduit only with respect to Users’ online distribution and publication of User Information. Users hereby represent, warrant and covenant to CaringKind that all User Information is accurate, legal, reliable, appropriate and not misleading and complies with the terms and conditions of this Agreement. Users understand and acknowledge that CaringKind does not undertake to review User Information before it is posted to the Site and cannot ensure prompt removal of objectionable material after it has been posted, and accordingly assumes no liability for any action or inaction regarding any User Information. The CaringKind reserves the right to, but is not obligated to, remove or refuse to post any User Information for any or no reason in its sole discretion and take any action with respect to such User Information that it deems necessary or appropriate in its sole discretion, to disclose a User’s identity or other information about a User to any third party who claims that any User Information posted by such User violates such party’s rights, or disclose information about Users, including a User’s identity and other personal information, to law enforcement authorities.
If any User believes that any User Information violates their copyright, please see the copyright policy (accessible here) for instructions on sending the CaringKind a notice of copyright infringement. It is the CaringKind’s policy to terminate repeat infringers’ accounts.
CaringKind Dementia Care Training for Professional Caregivers
Professional Caregivers participate in CaringKind's Dementia Care Training for Professional Caregivers program (“Training Program”) which prepares direct care staff in all aspects of dementia care. Topics include understanding the disease process, enhancing communication, a positive physical approach, person centered care, self-care, and more.
A Professional Caregiver’s participation in or completion of the Training Program does not constitute a recommendation or endorsement by CaringKind of the Professional Caregiver’s ability, competence, knowledge, quality, timing, legality, or any other aspect whatsoever of the services actually delivered by the Professional Caregiver. Users are urged to conduct their own investigation and research when selecting a Professional Caregiver.
For more information about the Dementia Care Training for Professional Caregivers Program, please click here.
No Joint Venture
The CaringKind is not an employment service and does not serve as an employer of any User that may use or access the Site. The CaringKind is only a passive venue for connecting Users. Users are not employed by, sponsored or endorsed by, or legally affiliated with CaringKind or its Affiliates in any way merely by virtue of their membership or usage of the Site. Users acknowledge that no agency, independent contractor, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by this Agreement.
Assumption of Risk
Users expressly agree that their access to and use of the Site is at the User’s sole risk, and Users hereby assume all risk of accessing and using the Site, including but not limited to all of the risks associated with any online or offline interactions with other Users. Each User agrees to take all necessary precautions when interacting with others Users.
Disclaimer of Warranties
THE SITE, AND ANY RELATED INFORMATION, CONTENT, OR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE CaringKind AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT, AND ANY OTHER WARRANTIES, INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
NO ORAL ADVICE, WRITTEN CORRESPONDENCE, OR INFORMATION PROVIDED BY THE CaringKind, ITS AFFILIATES OR ANY USER WILL CREATE A WARRANTY OF ANY KIND, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE CaringKind AND ITS AFFILIATES DO NOT WARRANT THAT THE INFORMATION OR CONTENT (INCLUDING WITHOUT LIMITATION USER INFORMATION AND PROFESSIONAL CAREGIVER PROFILES) CONTAINED IN THE SITE ARE ACCURATE, CURRENT, COMPLETE, UPDATED, RELIABLE, OR USEFUL. THE CaringKind AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE OR ANY INFORMATION, CONTENT OR SERVICES CONTAINED IN OR OFFERED THROUGH THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CaringKind AND ITS AFFILIATES DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
USE OF OR VISIT TO THE SITE DOES NOT CONSTITUTE AN OFFER OF GOODS AND SERVICES BY THE CaringKind OR ITS AFFILIATES.
Disclaimer of Liability
IN NO EVENT SHALL THE CaringKind OR ITS AFFILIATES BE LIABLE TO ANY USER OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATING TO THE ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, THE PERFORMANCE OR NONPERFORMANCE OF THE CaringKind, ITS AFFILIATES, ANY USER, OR ANY THIRD PARTY PROVIDER OF CONTENT, INFORMATION, PRODUCTS, OR SERVICES THROUGH OR RELATED TO THE SITE, ANY INSTRUCTION, ADVICE, INACCURACIES, MISSTATEMENTS, SERVICES, ACTS AND/OR OMISSIONS MADE BY ANY USER (INCLUDING WITHOUT LIMITATION REGARDING A PROFESSIONAL CAREGIVER’S TRAINING COMPLETION), ANY UNAUTHORIZED HACKING OR THE INTRODUCTION OF HARMFUL CONTENT BY ANOTHER USER OR THIRD PARTIES TO THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM IS IN LAW OR EQUITY OR ASSERTED BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. USERS HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE CaringKind AND ITS AFFILIATES ARISING OUT OF, OR IN ANY WAY RELATED TO, THE FOREGOING, INCLUDING WITHOUT LIMITATION SERVICES OF PROFESSIONAL CAREGIVERS AND ANY INTERACTIONS OR DISPUTES BETWEEN USERS.
USERS HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT THE CaringKind AND ITS AFFILIATES DO NOT HAVE ANY LIABILITY FOR OR CONTROL OVER THE VERACITY OF USERS OR THE QUALITY, TIMING, LEGALITY OR ANY OTHER ASPECT WHATSOEVER OF THE USER INFORMATION OR THE SERVICES OFFERED OR DELIVERED BY ANY USER, NOR OF THE VERACITY, INTEGRITY, RESPONSIBILITY OR ANY OF THE ACTIONS OR REPRESENTATIONS WHATSOEVER OF ANY USER. USERS DO HEREBY EXPRESSLY AGREE TO WAIVE ANY AND ALL RIGHTS TO BRING CLAIMS AGAINST THE CaringKind AND ITS AFFILIATES IN CONNECTION WITH THE FOREGOING, AND THE CaringKind AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, THEREFROM.
THE LINKING OF THIRD PARTY WEBSITES TO THE SITE DOES NOT INDICATE ANY ASSOCIATION WITH OR ENDORSEMENT BY THE CaringKind OR ITS AFFILIATES. BY PROVIDING ANY LINKS, NEITHER THE CaringKind NOR ITS AFFILIATES ARE ENDORSING, SPONSORING, OR RECOMMENDING SUCH SITES OR THE MATERIALS DISSEMINATED BY OR SERVICES PROVIDED BY THEM. THE CaringKind AND ITS AFFILIATES DO NOT ASSUME RESPONSIBILITY OR LIABILITY OF ANY NATURE WHATSOEVER FOR THE ACTIVITIES CONDUCTED OR INFORMATION CONTAINED IN THE THIRD PARTY WEBSITES.
Users agree to indemnify, defend, and hold harmless CaringKind and its Affiliates from and against any and all allegations, claims, demands, liabilities, damages, fines, penalties, or costs of whatever nature (“Claims”), including attorneys' fees and costs incurred by CaringKind and its Affiliates, arising out of or in any way connected with (i) this Agreement, (ii) the posting, use, display, transmission, caching, storage, or other utilization of any User Information or other content or information on the Site, (iii) use of the Site in violation of this Agreement or any applicable law, and (iv) any interactions or disputes between Users or any third party arising from or relating to the Site or any services offered or provided by any User.
Term and Termination
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by CaringKind as provided hereunder. The CaringKind may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to such User. Furthermore, CaringKind may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of CaringKind as posted on the Site from time to time. All decisions regarding the termination of accounts shall be made in the sole discretion of CaringKind. Upon termination, terminated Users must cease use of the Site and destroy all materials obtained and copies thereof, whether made under the terms of this Agreement or otherwise. Except as required by law, CaringKind is not required to provide any User with notice prior to terminating the User's account. Except as required by law, CaringKind is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's account is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Users and the CaringKind may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York, necessary to protect the property rights of such User or CaringKind, respectively, pending the completion of arbitration.
Failure by CaringKind to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.
The CaringKind provides the Site for use only by persons located in the United States. The CaringKind makes no claims that the Site or any information or content herein is accessible or appropriate outside of the United States. Users who choose to access and use the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If access to or use of the Site or viewing or use of any information or content therein or services offered thereby violates or infringes any applicable law in a User’s jurisdiction(s), such User is not authorized to access or use the Site and must exit immediately.
This Agreement, and all other aspects of use of the Site and the content thereof, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any controversy or claim at law or in equity arising out of or relating to this Agreement, the Site or the information and content therein that is not subject to the Arbitration provision set forth Agreement above, other than action for a specific performance or for injunctive relief brought by CaringKind, shall be exclusively brought in the federal, state, or local courts located in New York City, New York; and, with regard to such claims and disputes, Users hereby irrevocably (i) consent to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.
I understand that a Professional Caregiver’s participation in or completion of the Training Program does not constitute a recommendation or endorsement by CaringKind of the Professional Caregiver’s ability, competence, knowledge, quality, timing, legality, or any other aspect whatsoever of the services actually delivered by the Professional Caregiver.
I acknowledge that CaringKind is not liable for inaccuracies, misstatements, omissions, or any act(s) by any professional caregiver.
This Agreement was last updated in April of 2019. If you have questions about this Agreement please send an e-mail to email@example.com.