This website is operated by Kindly Care, Inc. Throughout this document and throughout our website, the terms “we”, “us” and “our” refer to Kindly Care, Inc.
Kindly Care, Inc. offers this website, including all information, tools and services available from this site (collectively, the “Services”) to users of the site. Your use of the Services is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
To the extent that any ultimate recipient of any Services described in these Terms is legally, mentally, or physically not capable of giving consent to receive Services, and/or is the ward of a conservator, guardian, healthcare agent, or other individual authorized to act on such person’s behalf (“Authorized Representative”), such person’s Authorized Representative must read and execute these Terms on the such individual’s behalf, and must provide documentation within seven (7) days of agreeing to these Terms of his/her authority to represent such person and authority to bind the ultimate recipient of the Services into a binding contract. For the purposes of these Terms, “You” shall include any such Authorized Representative as well the person on whose behalf the Authorized Representative executed these Terms.
We offer various Services for Users: (i) We help certain users (individuals and entities who provide home care services, or “Caregivers”) find opportunities with clients seeking in home care, and help some of Our Users (those seeking Caregivers, or “Care Seekers”) find qualified Caregivers. Based on information provided to us by Caregivers, we provide Care Seekers with screened and available Caregiver profiles. We also arrange introductory meeting between Care Seekers and Caregivers. We also provide tools and information to help Care Seekers and Caregivers make informed decisions, such as access to (i) resumes, references, and profiles of Caregivers, (ii) credentials showing background check status, and licensing verification, and (iii) a process for Care Seekers to obtain background check reports on individual Caregivers who consent to the running and sharing of those reports.
Our Services are intended to provide Users with access to a platform that allows Care Seekers to find Caregivers that meet their home care needs. Our platform supports consumer-directed home-care arrangements by empowering families to self-manage their home care. We are not a provider of home care. We do not employ, monitor or supervise any Caregivers.
Except as set forth below or as required by law, Care Seekers are potential employers of Caregivers and are solely responsible for compliance with any and all applicable laws, including but not limited to, employment, insurance, and other laws in connection with any employment relationship they establish with Caregivers, including unemployment, workers compensation, work authorization, payroll, tax, minimum wage, overtime, benefits, and any other applicable laws.
We will not evaluate compliance with any term or condition relating to any Caregiver’s performance of services for a Care Seeker. Our functions are in all respects ministerial and administrative on behalf of and in support of the parties to a contractual relationship created pursuant to the Site and Services.
As between any Caregiver and Us, the Caregiver will be solely responsible for providing any and all tools, supplies, equipment, transportation and insurance for the Caregiver and the Caregiver’s personnel, if any (including, but not limited to, health, life and disability) that the Caregiver elects to maintain, and for all expenses the Caregiver incurs in connection with the operation of the Caregiver’s business and the performance of services, e.g., fuel, repairs and motor vehicle insurance, expenses of any equipment used to provide home care services (e.g., blood pressure cuff). We have no obligation to reimburse any Caregiver for any expenses of any kind or nature, to provide any Caregiver with any tools, equipment, supplies or transportation, or to assist any Caregiver in any way in his or her performance of services. Caregivers will be solely responsible for obtaining and maintaining any licenses or certificates that are required by law to provide the Caregivers’ services. To the extent that an applicable law bars us from referring a Caregiver that has failed to maintain any required license or credential and/or take any other action with respect to such Caregiver, we will comply with that law and cease such referrals.
We also do not provide any medical, diagnostic, assessment, treatment or clinical service, engage in any conduct that requires a professional license, and/or that constitutes the providing of home care.
Care Seekers ultimately are solely responsible for verifying the credentials of each Caregiver they deem acceptable before hiring or engaging them, and for ascertaining their compliance with local, state and federal laws. Any issues concerning the foregoing must be resolved directly between the Care Seeker and the Caregiver.
IMPORTANT: Any screening of a Care Seeker or Caregiver and his, her or its information by us is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or Caregiver, or an individual’s willingness or ability to pay for any services provided by an Caregiver. Care Seekers are solely responsible for interviewing, and performing verification checks on, confirming work authorization/I-9 of, verifying information provided by, and selecting a Caregiver for themselves or their family members. Each Care Seeker is also responsible for complying with all applicable tax, employment and other laws in connection with any employment relationship they potentially may establish with the Caregiver, including verifying the Caregiver’s age and eligibility to work in the U.S.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on our website or through our Services is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
The Services, including any information and materials contained on our website, such as text, graphics, information, links or other items are provided “as is” and without any warranties of any kind, including, without limitation, any express warranties, warranties of merchantability, warranties of fitness for a particular purpose, warranties of workmanlike quality, or any other implied warranties. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
If you choose to register on our website and provide your email address, we will use our best efforts to email you about changes we believe are significant concerning the use of the Services or these Terms.
Certain Services may be available exclusively online through the website.
We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. We reserve the right to discontinue any Services at any time. Any offer for any Service made on this site is void where prohibited.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You agree to provide current, complete and accurate information in any communications or transactions you make on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site (including advertisements) may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The inclusion of third party links or advertisements does not constitute an endorsement by us of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are solely for Users’ reference and convenience. Users access them at their own risk. It is the responsibility of each User to evaluate the content and usefulness of the information obtained from other sites. We do not control such sites, and are not responsible for their content. Links on our website to such sites does not mean that we endorse any of the material on such sites, or have any association with their operators. You further acknowledge that use of any sites controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by these Terms. We expressly disclaim any liability derived from the use and/or viewing of links that may appear on this website. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on our website.
We are not liable for any harm or damages related to the purchase or use Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example user profiles, photographs, or contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you generate, including and its accuracy. We take no responsibility and assume no liability for any content generated or posted by you or any third-party.
Profiles of Users and information posted by Users are to be regarded as primarily User-generated, and we do not have any obligation to control or vet user generated content for accuracy. We do not assume any responsibility for the accuracy or reliability of any information provided by Users on or off this website. We may offer certain Users the opportunity to verify certain information such as their email address. If we indicate that a User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, represent, or warrant the accuracy of such information. Nor can we guarantee, represent, or warrant that any user-generated content is free from computer viruses.
When registering on our website, you may be asked to enter your name, email address, mailing address, phone number, credit card information, medical conditions or other details to help you with your experience.
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.
We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders
- We may also send you additional information related to your product and/or service.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
- Help remember and process the items in the shopping cart.
- Understand and save user’s preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is slightly different, so look at your browser’s Help menu to learn the correct way to modify your cookie preferences.
If you disable cookies off, some of the Site’s features may be disabled.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners or other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We reserve the right to disclose and transfer your information, including your personal information: to a subsequent owner, co-owner, or operator of the website or successor database and in connection with a corporate merger, consolidation, the sale of substantially all of our membership interests and/or assets or other corporate change, including to any prospective purchasers.
We do not include or offer third party products or services on our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have implemented the following:
- Demographics and Interests Reporting
We along with third-party vendors, such as Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
Users are able to change their personal information:
- By calling us
- By logging in to their account
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
We do allow third party behavioral tracking and remarketing.
We do not collect any information from anyone under 13 years of age. This website is directed to people who are at least 13 years old or older. If you are under the age of 13, you are not authorized to use this website.
We do not specifically market to children under 18.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE / YOUR CALIFORNIA PRIVACY RIGHTS
California residents who use the website may request that we provide certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes. You can make such a request by e-mail to email@example.com.
Kindly Care, Inc.
305 Grant Ave, Fl. 8
San Francisco, CA 94108
You and we expressly agree that neither these Terms, nor any other agreement referred to or incorporated herein, constitutes an employment agreement. Nothing in these Terms creates an employment relationship between us and any User. No joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. Users have no authority to bind us, and you undertake not to hold yourself out as our employee, agent or authorized representative.
To the extent that any Users use our website or the Services to transact any business with other Users, such Users are solely responsible for determining whether the resulting relationship as between such Users is an employment relationship. Such Users assume full responsibility for compliance with any and all applicable laws, including but not limited to, employment, insurance, and other laws in connection with any employment relationship they may establish with other Users, including unemployment, workers compensation, work authorization, payroll, tax, minimum wage, overtime, benefits, and any other applicable laws.
We will not evaluate compliance with any term or condition relating to any User’s performance of any services for another User. Our functions are in all respects ministerial and administrative on behalf of and in support of Users searching and screening one another for the purposes of establishing contractual relationships with one another.
Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel any transactions if any information on our website or transmitted in connection with the Services is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on or website or in connection with the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or in connection with the Services, should be taken to indicate that all information therein has been modified or updated.
You agree that you will not under any circumstances:
- Use the Services, or any information or content contained therein, in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Use the Services for any unlawful purpose, or for the promotion of illegal activities;
- Harass, abuse or harm another person or group, or attempt to do the same;
- Use another User’s account unless you have the legal authority to make healthcare decisions on such user’s behalf;
- Provide false or inaccurate information when registering an account on with us, using the Services, or communicating with other Users;
- Attempt to re-register with us if We have terminated your account, or terminate your registration and re-register in order to prevent any content from being associated with your account;
- Interfere or attempt to interfere with the proper functioning of our Services, including without limitation the operation of our website;
- Make any automated use of our website or any of the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to our website or use any software, technology, or device to scrape, spider, or crawl our website or any part of our Services or harvest or manipulate data;
- Use the communication systems provided by, or contacts made through, our Services for any commercial solicitation purposes other than those relating to seeking a care providing referral with a client; or
- Publish or link to malicious content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt another user’s browser or computer or access to the Services.
In order to protect our Users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a User may view or the number of emails a User may send in any 24-hour period to a number which we deem appropriate in our sole discretion. Should we find that you violated these Terms, or for any reason, we reserve the right, at our sole discretion, to immediately terminate your access and/or use of the Services.
Further, in order to protect the integrity of the Services, we reserve the right at any time in our sole discretion to block Users from certain IP addresses from accessing our Website or any of our Services. It shall be a violation of these Terms to use any browser or technology which alters, conceals, or hides your IP address.
In no event will we be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use our website or the Services, including without limitation damages related to any information received in connection with the Services, removal of content from our website, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access our website or the Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or our representatives, are advised of the possibility of such damages, losses or expenses.
UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION(S) WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF $1,000.00.
This limitation of liability shall be construed broadly, and shall specifically include, without limitation, claims based upon negligence, claims arising out of the termination of any user’s account, claims based upon a determination of a user’s ineligibility to use our website or the Services (including claims arising under the Fair Credit Reporting Act), but shall not apply to intentional misconduct or claims for personal injuries.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kindly Care, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By agreeing to these Terms, you agree to defend, indemnify, and hold us, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, “Indemnified Persons”), harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of our website and/or use or participation in the Services, including but not limited to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party as a result of Your own interaction with such third party; (3) any allegation that any materials that you submit to, or transmit through, our Site or the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any Indemnified Person.
No User has actual or apparent authority to sign agreements on behalf of us or bind us into a contract. You hereby agree to promptly defend against any losses, claims, damages, liabilities or expenses connected with the Site and/or the Services, but will not settle without consulting us and obtaining its prior written consent. You will allow us to participate, through separate counsel, in the defense of any such loss, claim or other action.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by Us or Our licensors. No portion of our website nor any part of the Services may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to our website and the Services. Nothing in these Terms grant you any right to make or receive delivery of a copy of our website or the Services or to obtain access thereto except as generally and ordinarily permitted through the website according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to our website or the Services. Certain of the names, logos, and other materials displayed on the website or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of us, our affiliates or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with our website or the Services will be governed by such third parties’ licenses and not by these Terms.
It is our policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our website or the Services infringe your copyright, you may request removal of those materials (or access thereto) by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Site is as follows: Copyright Agent, Legal Department, Kindly Care, Inc., 305 Grant Ave #8, San Francisco, CA 94108.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users and other users of our website or the Services who are repeat infringers.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services by emailing us at firstname.lastname@example.org with the subject line “TERMINATION” or mailing us at Kindly Care, Inc., 305 Grant Ave., Fl. 8, San Francisco, CA 94108, in a letter with the word “TERMINATION” appearing conspicuously on the first page thereof.
If in our sole judgment you fail to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). We will take reasonable measures to provide you with notice as to the fact of termination as soon as is reasonably practicable, using any contact information that you provided to us during registration, but we cannot guarantee your receipt of such notice. Notice of any termination by either you or us shall be deemed effective at the time such notice is sent in accordance with this Section, regardless of whether, or when, such notice is received.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Each of our fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, successors, and assigns is expressly made a third party beneficiary of these Terms and may enforce these Terms directly against you. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
These Terms of Service supersede any and all prior Terms of Service, agreements and understandings, oral or written, express or implied. Specifically excepted from the scope of this provision are any agreements between You and Us entitled “Arbitration Agreement,” “Agreement for Independent Caregiver Referral” and/or “Agreement for Referral, Marketing and Administrative Services,” together with any addenda, if any, which may be incorporated into such agreements in accordance with the terms thereof (collectively, the “Related Agreements”), which shall be considered contemporaneous writings to be construed in tandem with this Agreement. This is a merger clause for purposes of the parol evidence rule, and is intended to completely integrate the entirety of the agreement between you and us, except as related to any of the Related Agreements and any addenda which may be incorporated into such agreements in accordance with the terms thereof.
Excepting the Arbitration Agreement incorporated herein, which is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., this Agreement and the Related Agreements, and all questions relating to their validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of Georgia, notwithstanding any conflicts of laws doctrines to the contrary, and without the aid of any canon, custom, or rule of law requiring construction against the draftsperson.
Questions about the Terms of Service should be sent to us at email@example.com.