Terms of Use

This Agreement governs the use of the services (the "Service") offered by CareFamily LLC ("CareFamily ") at the CareFamily Web Site (the "Site"). Please read these Terms of Use ("Terms of Use" or "Agreement") before using or continuing to use the Site. Use of the Site constitutes an agreement by you to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to, and accept all terms and conditions contained in this Agreement without modification. If you object to anything in this Agreement or the Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by CareFamily at any time, effective upon posting of the revised version on the Site, and your use of the Service after such posting, or your failure to terminate your account before the effective date of the revised version, will constitute acceptance by you of the revised Terms of Use.

General Terms
CareFamily Connects Care Providers and Care Coordinators

CareFamily is a communication platform that enables individuals seeking services ("Care Coordinators") to hire individuals seeking to provide services ("Care Providers") (Care Coordinators and Care Providers are collectively referred to herein as "Users"). CareFamily does not employ, recommend, or endorse any of the Care providers listed on the Site. The Care Coordinators select the Care Providers they seek to engage, and the Care Coordinator and the Care Provider are responsible for negotiating the final rate of pay, the work schedule, and the work responsibilities of the Care Provider. CareFamily provides the Care Coordinators and the Care Providers the tools to facilitate the relationship between them. CareFamily does not supervise, schedule or assign duties to any Care Provider(s). CareFamily does not hire, fire, or discipline Care Providers. These decisions are the exclusive responsibility of the Care Coordinator who engages them. CareFamily provides management tools that enable Care Coordinators and Care Providers to mutually determine whether the Care Coordinator will supervise, schedule, and assign duties to the Care Provider.

CareFamily is not liable for the performance of the Care Providers. Care Providers are responsible for the quality and the delivery of their services. Care Coordinators are responsible for paying the Care Providers they engage. CareFamily requires the use of its automated tool designed to facilitate timely payments between Care Coordinators and Care Providers. Care Coordinators and Care Providers are responsible for complying with all applicable laws in connection with the employment relationship they establish. CareFamily provides Care Coordinators with a payroll and tax processing service that handles all facets of employment related tax requirements, including withholding for Social Security, Medicare, Federal and State income and unemployment taxes. At no time does CareFamily assume any tax responsibility. CareFamily does cover each Care Provider with a $25,000 surety bond. CareFamily does not provide Workers’ Compensation insurance. Care Coordinators are responsible for determining whether they are obligated to provide Workers’ Compensation coverage by the state in which the services are provided.

CareFamily facilitates, through a third party, a $1million aggregate liability policy on behalf of each Care Provider ($500,000 general/$500,000 professional). CareFamily does provide voluntary training opportunities for both Care Coordinators and Care Providers through its online educational partners. Users hereby represent, understand, and expressly agree that CareFamily does not have any liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Care Coordinators. CareFamily does not provide medical advice, diagnosis or treatment advice or engage in any conduct that requires a professional license. Users hereby expressly agree to hold CareFamily (and or its agents, assigns, representatives, advertisers or employees) harmless from any liability for any instruction, advice, act, omission, or services delivered which originated through the Site and CareFamily expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

Transactions

Users of the Site contract between themselves. In no way is CareFamily involved in transactions for care services to be rendered by any User. If there are any issues concerning advice and/or service(s) received or payment due, Users must deal directly with the other User to resolve any disputes. CareFamily will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise from any disputes between Users. By using this Site, you do hereby represent, understand, and expressly agree to hold CareFamily harmless from any liability arising from any claim or controversy that may arise from any disputes between Users of the Site. CareFamily reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to CareFamily. By using this Site, you do hereby agree to report any alleged improprieties of any Users to CareFamily immediately by notifying CareFamily of the same via electronic correspondence at support@carefamily.com.

Public Areas

If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant, and proper to the applicable forum. Any usage of the Site by any User that CareFamily finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. CareFamily reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:

Eligibility Certification; User Obligations

ELIGIBILITY CERTIFICATION: By becoming or attempting to become a Care Provider or Care Coordinator, or by using this Site, every User certifies that the User meets and will continue to meet the following conditions (“Eligibility Conditions”) for as long as the User uses the Site or service:

 

Each User makes the above certification and agrees that (a) CareFamily may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Users acknowledge that CareFamily does not have actual knowledge that the Eligibility Certification is true. Also, the background checks may not include information regarding traffic violations and CareFamily does not make decisions based on traffic violations or infractions. Accordingly, if driving will be part of a Care Provider's services, the Care Coordinator may wish to ask the Care Provider to obtain and share a current copy of the provider's driving record from the relevant department of motor vehicles.

Care Providers and Care Coordinators agree to make their own decisions and assessments about persons they employ. Care Providers are responsible for the content of their profile on CareFamily. CareFamily does not independently verify any of the information in any Care Provider profile. It is up to Care Providers who are the subject of the reports to ensure their accuracy by exercising their rights under laws applicable to the credit agencies furnishing reports or to discuss with their potential employer or employee lawful details relevant to employment.

If CareFamily becomes aware (such as through a background check) that an Eligibility Condition is not met or appears not to be met, CareFamily may terminate the Care Provider without notice or refund and each Care Provider agrees to make no further use of the Site or Service after termination. CareFamily reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. CareFamily hereby disclaims, and each User agrees CareFamily shall have not have, any liability whatsoever for: (1) any inaccuracy of a Care Provider’s Eligibility Certification or any information or inaccuracy in any background check report, other consumer report, identity report or other report from a Verification Service, or (2) misstatements and/or misrepresentations made by any User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold CareFamily harmless from and against the foregoing.

Links and Account Information

All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account. CareFamily has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any User suspect that any unauthorized party may be using their account, User does hereby agree to contact CareFamily immediately. Links (such as hyperlinks) from CareFamily to other sites on the Web do not constitute the endorsement by CareFamily of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that CareFamily does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation external websites that are framed by the CareFamily Site as well as any advertisements displayed in connection therewith) does not mean that CareFamily endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by CareFamily's Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. CareFamily expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All users do hereby agree to hold CareFamily harmless from any liability that may result from the use of links that may appear on the Site.

COPPA Compliance

CareFamily is intended for people 18 or older. We have also made an effort to specifically limit CareFamily’s appeal to people of age 18 or older. CareFamily will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. CareFamily takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, CareFamily does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Site. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.

Non-Solicitation

The Site and Service is designed for Care Coordinators to find, select, and hire Care Providers for the purpose of receiving or providing care services through CareFamily and the services it offers. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with CareFamily. Should CareFamily find that you violate the terms of this section or any terms stated herein, CareFamily reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Commercial Use Prohibition

The Site is for the use of individual Users only and may not be used in connection with any commercial endeavors (other than the direct employment of a Care Provider by a Care Coordinator) without the express written consent of CareFamily in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and may not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from CareFamily is obtained in advance. CareFamily reserves the right to take appropriate legal action may be taken, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of CareFamily. CareFamily reserves the right to terminate your use of this Site at its sole discretion at any time.

Specific Terms and Conditions
CareFamily is only a Venue.

CareFamily is a communications platform for enabling the connection between Users. CareFamily does not take part in the interaction between Users. CareFamily does not have control over the quality, timing, or legality of services actually delivered by its Users. CareFamily makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, CareFamily does not confirm that each User is who they claim to be; however, CareFamily has established a forum for Users to provide references and to conduct some screening activities. CareFamily does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. CareFamily does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or in a background check report or other consumer report or identity report.

Release

In the event that you have a dispute with one or more Users, you release CareFamily (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) 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.

Information Provided by Users

Users are responsible for providing accurate, timely, and complete information to CareFamily in connection with their registration for and use of the Site. CareFamily is not responsible for any claims relating to any inaccurate, untimely, or incomplete information, including but not limited to Eligibility Certifications, provided to us. 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. Users hereby grant CareFamily an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in CareFamily's Privacy Policy, any submissions to Public Areas will be public, and CareFamily will not be responsible for the action of Users with respect to any information or materials posted in Public Areas.

Your Information

"Your Information" is defined as any information you provide to CareFamily or other Users through the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information, you hereby represent and warrant to CareFamily that Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate, or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for CareFamily or cause CareFamily to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable CareFamily to use Your information, so we are not violating any rights you might have in that information, you hereby grant us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. CareFamily will also use Your Information in accordance with our Privacy Policy.

Payment and Refund Policy for Individual Care Coordinators

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

CareFamily charges a one-time refundable fee to Care Coordinators for full access to the Site. When a Care Coordinator hires a Care Provider, the fee is applied to the Care Coordinator’s invoice(s). If a Care Coordinator does not hire a Care Provider through CareFamily, the fee is not refunded. CareFamily may offer Care Coordinators limited-time free access to Care Providers from time-to-time in the sole discretion of CareFamily. Care Coordinators who sign up for CareFamily on a free trial basis may have limited access to the features of the Site.

No refunds or credits will be provided for account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At CareFamily's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by CareFamily.

Payment and Refund Policy for Individual Care Providers

The basic services of CareFamily are free for individual Care Providers (though some premium services are offered for a fee).

When Care Providers register on our site your background check is provided free of charge. An up to date background check is required to maintain a Care Provider’s profile posting on the CareFamily site.

Care Providers have the opportunity to utilize the CareFamily University to improve their skill base. Videos with skill tests are available through the CareFamily University. A fee of $8.00 will be charged for each video selected. Once the video has been viewed and the testing successfully completed, the skill portion of your profile will automatically be updated to reflect this achievement. No refunds will be provided for any videos viewed through CareFamily. CareFamily may offer Care Coordinators and Care Providers limited-time free access to the CareFamily University courses from time-to-time.

No refunds or credits will be provided to Care Providers or program cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At CareFamily's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by CareFamily.

Payment and Refund Policy for Company/Agency Care Providers

Companies and agencies that sign up as Care Providers are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Care Providers agree to pay CareFamily all charges at the prices then in effect for any use of the Site. In addition, these Care Providers authorize CareFamily to charge their chosen payment provider for use of the Site. CareFamily reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of companies and agencies that sign up as Care Providers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To cancel your subscription, contact CareFamily Member Care or edit your account settings.

No refunds or credits will be provided to Care Providers for subscription or program cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At CareFamily's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by CareFamily.

Referral Program for Commercial Care Providers

CareFamily may provide certain types of commercial Care Providers with the option to receive requests for information or phone calls from Care Coordinators who review the Care Provider's profile and request more information about their services. Additional details regarding the relationship between CareFamily and such Commercial Care Providers is contained in separate terms and conditions.

No refunds or credits will be provided to Care Providers for subscription or program cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At CareFamily's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by CareFamily.

Third Party Verification Service

CareFamily may make a third-party verification service available to Care Coordinators and Care Providers. Care Coordinators and Care Providers 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 CareFamily 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. In addition, you understand that CareFamily may review the information provided by the third-party verification service and that CareFamily retains the right to terminate your CareFamily membership based on the information.

Fair Credit Reporting Act

Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice CareFamily, Inc. notifies you that if you choose to participate in our third-party verification service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless CareFamily from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. CareFamily does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.

Billing and Payment Policy

All Care Coordinators are obligated to pay for the services of the Site, unless specifically notified otherwise. The fee structure may change from time to time. There are add-on features available to all Users for an additional fee. Pricing may be altered by any promotion selected at the time of registration. For all fees, CareFamily will charge the User's credit card or issue a bank draft according to the agreed-upon fee between User and CareFamily for use of the services of the Site. While CareFamily will use reasonable commercial efforts to ensure the privacy of all credit card, bank account, and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User hereby agrees to hold CareFamily harmless from any damages that may result therefrom. CareFamily may use a third party service to process credit card and bank account information. For further information regarding that service, please contact CareFamily to request information about CareFamily's credit card processing company.

No Liability

Users agree not to hold CareFamily, CareFamily's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release CareFamily and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.

Indemnification

By agreeing to the terms of this Agreement, Users agree to indemnify, defend, and hold harmless CareFamily, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "CareFamily") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by CareFamily and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site 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.

CareFamily 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 CareFamily. Users further agree to hold harmless CareFamily and Affiliates, as well as, if applicable, the User's employer or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site. You may request to see if your company is on the list of employers that subscribe to the Service on behalf of their employees by submitting an inquiry via company email account addressed to support@carefamily.com.

Term of Agreement

This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by CareFamily as provided hereunder. CareFamily 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 the User or Users' this notice may be included in or accompany notices of "adverse action" given when termination is based on information in a consumer report (such as a background check). Furthermore, CareFamily may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of CareFamily as posted on the Site from time to time. If CareFamily terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused fees. All decisions regarding the termination of accounts shall be made in the sole discretion of CareFamily. Except as required by law, CareFamily is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, CareFamily 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 membership or subscription 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.

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 "Proprietary Material") that users see or read on the Site is owned by CareFamily Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. CareFamily owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary 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 Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the CareFamily Site without CareFamily'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 liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of CareFamily and/or the relevant right holder.

Notice of Trademark Rights

The service mark and trademark CAREFAMILY and the CareFamily logo are service marks owned by CareFamily. 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 CareFamily 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.

Notice of Availability of Filtering Software

We do not believe that the Site contains materials that would typically be the subject of filtering software and the Site is not intended for children. Nevertheless and pursuant to the Communications Decency Act, all Users are hereby informed by CareFamily, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

Privacy

CareFamily's Privacy Policy located on its Site as modified by CareFamily from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to that policy.

Copyright Complaints and Copyright Agent

CareFamily respects the intellectual property of others, and asks Users to do the same. CareFamily is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, CareFamily asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide CareFamily's Copyright Agent with the following information:

  1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow CareFamily to locate the material, and explain why you think an infringement has taken place;
  3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CareFamily's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, CareFamily, 240 Clearfield Avenue, Suite 300, Virginia Beach, VA 23462. CareFamily will terminate access to the Site of those who engage in repeated acts of infringement.

Limited License

CareFamily grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.

Modifications to the Site

CareFamily reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that CareFamily shall not be liable to User or any third party for any modification or discontinuance of the Site.

User account, password and security

Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or CareFamily for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify CareFamily of any unauthorized use of a User’s password or account or any other breach of security.

No Joint Venture

Users are not legally affiliated with CareFamily in any way merely by virtue of their membership or usage of CareFamily's Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by this Agreement. CareFamily is not an employment service and does not serve as an employer of any User that may use this Site. CareFamily is only a venue for connecting Users. As such, CareFamily expressly disclaims any liability that may arise between Users of its Site.

Limitations on Use

In the interest of maintaining the performance and availability of the site and in enforcing these Terms of Use, CareFamily reserves the right to place certain limitations on User's access to the site and certain site features. These limitations may include (but are not limited to) the number of messages sent through the system, the number of background checks performed and the number of additional products that may be purchased through the site. User acknowledges that this term supersedes any specific offer made by CareFamily and that these limitations may be enforced at CareFamily's sole discretion. If User feels that these limitations are interfering with legitimate use of CareFamily in keeping with the Terms of Use, User agrees to refer this concern to CareFamily Customer Service and abide by the determination of the Customer Service Representative.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER CAREFAMILY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. CAREFAMILY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. CAREFAMILY INC. AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. CAREFAMILY CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD CAREFAMILY LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

Limitation of Liability

Under no circumstances will CareFamily or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement. Furthermore, the aggregate liability of CareFamily or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by any 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 an alleged breach of this Agreement or the operation of this 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 Virginia Beach, Virginia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CareFamily may seek any interim or preliminary relief from a court of competent jurisdiction in Virginia Beach, VA, necessary to protect the rights of property for you or CareFamily pending the completion of arbitration.

General Provisions

Failure by CareFamily to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by CareFamily, shall be exclusively brought in the federal, state, or local courts located in Virginia Beach, VA; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and CareFamily with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of CareFamily, its successors and assigns.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, 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 shall be interpreted in accordance with the laws of the State of Virginia (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Virginia Beach, VA. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between CareFamily and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by CareFamily with respect to the subject matter except as set forth herein.

Carefamily Privacy Policy
Overview

This privacy policy was last changed on February 4, 2014.

This privacy policy describes how Care Family LLC collects and uses the personal information you provide on our Web site: www.carefamily.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

If you have any questions about this policy, please contact us through the website or at:

CareFamily.Com
240 Clearfield Ave. Ste 300
Virginia Beach, Va. 23462
privacy@carefamily.com

CareFamily.com has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers only information that is collected through this Web site, www.carefamily.com. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@carefamily.com. If you are not satisfied with our response you can contact TRUSTe here .

Information We Collect And How We Use It

We may collect the following types of information:

In addition to the uses of specific information described above, we may use information you provide us to provide, maintain, protect, or improve our services, and develop new services; or to protect our rights or property or the rights or property of our users. If we use your information in a manner different than the purpose for which it was collected, we will ask for your consent prior.

Cookies

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

You can change settings in your browser to refuse cookies or to indicate when a cookie is being sent. If you refuse cookies, some features of our service will not work.

Third Party Cookies

The use of cookies by our partners, affiliates, tracking utility company, service providers is covered by our privacy policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers use session ID cookies to make it easier for you to navigate our site, in order for you to use the shopping cart, etc.

Web beacons

Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Sharing Information

We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

If we are involved in a merger, acquisition, or any form of sale of some or all of our assets, we will ensure the confidentiality of any personal information involved in the transaction and provide a notice before any personal information is transferred and becomes subject to a different privacy policy.

We may also disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Links to Other Web Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of CareFamily.com. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Facebook Connect

You can log in to our site using sign-in services such as Facebook Connect. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

Information security

We take appropriate security measures to protect against unauthorized access to or manipulation of your personal information. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to those of our employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Accessing and updating personal information

When you use our services, we provide you with access to your personal information so that you may update it or delete it. If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account page. If the information is incorrect, you may ask us to update it or delete it, and we will do so if it is not otherwise required to be retained by or for a legitimate business purpose. If you wish us to update or delete data, we will ask you to identify yourself and specify the data you wish changed before we process such a request. We may decline to process a request that is unreasonably repetitive or systematic, that requires technical effort disproportionate to the benefit to you of the modification, or that would be impractical. Because of the way we maintain certain services, after you delete your information, it may take a period of time for such changes to display on our active servers, and the information may remain in our backup systems.

Collection of Third Party Personally Identifiable/Health Information

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. CareFamily.com does not store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

If others give us your information, we will only use that information for the specific reason for which it was provided to us.

You or the third party may contact us at privacy@carefamily.com to request that we remove this information from our database.

Blogs

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.Torequest removal of your personal information from our blog or community forum, contact us at privacy@carefamily.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Social Media Widgets

Our Web site includes Social Media Features, such as the Facebook Like button [and Widgets, such as the Share this button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

SMS Messaging

If applicable, this website, www.carefamily.com may make available a service either directly or through third parties by which you can receive messages on your wireless device via short message service ("SMS Service"). Your provider's standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. Data obtained from you in connection with this SMS Service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. The use of this information will be in accordance with this Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. You may opt out of the SMS Service at any time by replying "STOP", "END", or "QUIT" to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering.

Changes to this policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Children’s Privacy

We not intentionally collect information from individuals under the age of thirteen. For more information related to safeguarding children’s privacy on the internet, please see the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

Your California Privacy Rights

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. You may do so at the email and physical addresses listed above.