Terms Of Use

caregrade.com (the Website) offers this web site to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms of Use"). Your use of the Website constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms of Use, you may contact us at info@caregrade.com. We may amend these Terms of Use at any time; changes or amendments will be posted at the bottom of this page for public view. We recommend that you check this Terms of Use statement frequently so that you are kept up to date with any changes which may occur. Once any change has been posted to the web site, it is enforceable within 30 days of being posted.

Authorized Users – An authorized user as defined herein refers to individuals who are above the age of 18 and can form legally binding contracts under applicable law and are either consumers using this site for their own personal use, or businesses or professionals working with seniors who’s services are being reviewed on this site. Professionals who provide services to seniors and who are using this site simply as a resource for their clients or patients to obtain information are not considered Authorized Users and are not subject to any of the terms of use.

Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively " Material") that users see or read on the Website is owned by the Company or is used with permission. This Material is protected in all forms, media and technologies now known or hereinafter developed. The company owns all Material as well as the coordination, selection, arrangement and enhancement of such Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Use of Material," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Website without the Company’s prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users termination from the use of the Website or civil or criminal penalties. In addition, the Website contains material protected by the domestic and international laws of copyright, patents and other proprietary rights and laws. Any use of such Material, other than as permitted therein, is expressly prohibited without the prior permission of the Company and/or the relevant right holder.

Caregrade.com Services

Caregrade.com is only a venue. This Website serves solely and exclusively as a venue for (i) individuals looking to rate, review and locate senior service providers and facilities (Consumers) (ii) professionals and businesses who service seniors who wish to advertise or be reviewed (Business)

The Company uses its best efforts to only allow individuals who are genuinely interested in posting honest reviews. However, because user authentication on the Internet is difficult, caregrade.com cannot and does not confirm the accuracy and truthfulness of the identity given by persons who use this Website or the authenticity of their reviews, it is ultimately the responsibility of each consumer to do their own research in addition to information found on our website

The Company does not perform, and is not responsible for, any of the services requested by any Authorized Users. Your rights under contracts you enter into with any service provider or facility or with any consumers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Each Person using this Website assumes all risks associated with his or her dealings with other users of the Website and person or business who may be contacted directly or indirectly by way of the Website.

Because the Company does not and cannot be involved in user-to-user dealings or control the behavior of participants on caregrade.com, if you have a dispute with one or more users, you understand that you should address all disputes directly with the other party as the company does not get involved with and disputes arising between users of caregiverdirect.com. Furthermore, you waive any claims arising out of or in any way connected with such disputes that might otherwise be asserted against the Company and, as a further condition to your use of this Website, You release the Company (and its agents and employees) from claims, demands and damages (actual and consequential, direct and 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. If You are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Information Provided to Us.

Authorized Users, to qualify as such, will be required to provide the Company with certain information including, without limitation, such person’s or entity’s user name, password and valid e-mail address (“your Information”). This information is required in order to validate each authorized user. For complete details on our use of your information, please see our privacy statement.

You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. The Company is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of the Company services (or any portion thereof) by you. You are responsible for any use of the Company services by persons to whom you intentionally or negligently allow access to your password.

Authorized Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public areas on the Website (including, without limitation, posting on bulletin boards or chat-collectively referred to herein as "Public Areas"). Authorized Users hereby grant the Company an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute in any and all communications media and forms, including without limitation, print, any information or materials they post in Public Areas. As set forth in the Website’s Privacy Policy, any submissions to Public Areas will be public, and the Company will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

Your Use of the Caregrade.com Services

You acknowledge and agree that your use of the Website services is for your personal use and not for any commercial or advertising purposes. You also agree that you are entitled to create only one unique profile

You agree that all of the content and information posted on the Company Web site, including but not limited to Ratings & Reviews (including any ratings and reviews provided by you), is the sole and exclusive property of the Company, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing and any unauthorized use could result in significant damages, and you agree that you are liable to the Company for any such damages, and will indemnify the Company in the event of any third party claims against the Company based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Company Web site and services at any time. All information about authorized users is confidential and for your personal use only. If it is determined or suspected by the Company in its sole discretion that you are misusing or attempting to misuse or circumvent the Company services or system, or are using or attempting to use them for any unauthorized use as listed above including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, the Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO CAREGRADE AND ITS AUTHORIZED USERS, PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REVIEW OR OTHER COMPANY INFORMATION, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL, PHONE NUMBER OR OTHER FALSE INFORMATION YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO CAREGRADE FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

Permitted Use of the Material.

Authorized Users may view and download the Material on the Website solely for their own personal, noncommercial use. Professionals involved in senior services may utilize the website as a service for individuals to assist them in making informed decisions about senior service providers.

Acceptable Site Use.

Authorized Users may not use the Website in order to transmit, distribute, store or destroy any kind of material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Authorized Users may not put contact information in open text fields. Contact information found by the Company in these fields will be removed. Any User who violates this rule is subject to suspension, termination, or deactivation of such User’s account.

Authorized Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any and all Persons who may be involved in such violations.

Specific Prohibited Uses.

The Website may be used only for lawful purposes by: (i) individuals seeking employment as caregivers or domestics and (ii) employers seeking to employ one or more caregivers or domestics for personal use. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following purposes:

Posting any incomplete, false or inaccurate biographical information or information which pertains to any Person.

Deleting or revising any material posted by any other Person.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this website.

Taking any action which imposes an unreasonable or disproportionately large load on this Website’s infrastructure.

Disclosing to or sharing with a Person who is not an Authorized User a password by which such non-Authorized User may gain access to any non-public area of this Website.

Using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Company on this Website and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising, available on, or in any way making up a part of the Website.

Aggregating, copying or duplicating in any manner any of the Website Content.

· Framing of or linking to any of the Website Content

Notice Specific to Documents and Information Available on this Website.

Permission to use documents from the Website (such as press releases, datasheets, content, informational items and FAQs) requires written permission from the company. Unauthorized use of this information is strictly prohibited. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company Web site or any other the Company owned, operated, licensed or controlled site. Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any the Website may be copied or retransmitted unless expressly permitted by the Company .

CAREGRADE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CAREGRADE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAREGRADE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

Links to Third Party Sites.

The links in the Website will let you leave the Website. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site.

Indemnification.

YOU AGREE TO INDEMNIFY CAREGRADE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE CAREGRADE SERVICES OR IN CONNECTION WITH THE WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

General Provisions.

You acknowledge and agree that the Company services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and the Company 's sole obligation to you or any third party for any claim arising out of your use of the Company services or the Company Web site, is that you are free to discontinue your use of the Company services or the Company Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CAREGRADE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT CAREGRADE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF CAREGRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of the Company 's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Company services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey and between New Jersey residents. You agree to submit to jurisdiction in New Jersey and that any claim arising under these Terms and Conditions will be brought solely in a court in Mount Laurel, New Jersey.

Privacy
The Company’s Privacy Statement located on the Website as modified by the Company from time to time shall govern any disclosure or use of an Authorized Users personal information.

Limitation of Liability
Under no circumstances will the Company or its Affiliates be liable to an Authorized User for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the aggregate liability of the Company or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by an Authroized User in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Wilmington Delaware and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Wilmington Delaware, necessary to protect the rights of property for you or the Company pending the completion of arbitration.