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Terms Of Services


Cottage Home Care Services owns and operates the website located at www.cottagehomecareservice.com (the Site). These Terms of Use state the terms and conditions under which you may use our service which is available through the Site (the Service). Please read these Terms of Use carefully. By clicking I ACCEPT, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and you represent and warrant that you are at least 18 years old or older. If you do not agree to any of these terms, then you are not permitted to use the Service.

We may also allow third-party companies that are presenting advertisements on the Site to set and access their own cookies. Such third-party cookies are not governed by this Privacy Policy, but by the privacy policies of such third party.


THE SERVICE

Through the Service, we offer an online marketplace that connects individuals seeking care services (each a Care Seeker) with individuals who are willing to provide such services (each a caregiver). Care Seekers can search for caregivers based on the Care Seekersí needs and preferences and determine whether to hire a particular caregiver. If a Care Seeker is interested in hiring a caregiver, the parties may enter into a contract and finalize the transaction.


We also offer a back up service (the Cottage Home Care Servicesíve Got You Covered) that may enable Care Seekers to have access to periodic emergency Back-up care services in situations where a caregiver they have contracted with is not available to provide its services. Although Cottage Home Care Services may provide Care Seekers with a list of caregivers available to provide Back-up care services, Cottage Home Care Services is not a party to any transaction between such caregivers and Care Seekers. Cottage Home Care Services shall use commercially reasonable efforts to find caregivers to provide such emergency Back-up care services but will not be liable if such caregivers are not available to satisfy your requirements.


WAIVER AND RELEASE

Although you are able to find information about caregivers and Care Seekers through our Service and we may from time to time help facilitate payment by Care Seekers to caregivers, we are not a party to any transaction between a caregiver and a Care Seeker. Accordingly, we shall have no liability to any party in connection with such transaction. We do recommend, however, that in connection with each transaction, the Care Seeker and caregiver reduce their agreement to writing, to the extent possible. We or the Care Seeker may use a third party service provider to provide payroll and tax processing services. You acknowledge and agree that we shall have no liability in connection with such services. Furthermore, Care Seekers and caregivers acknowledge and agree that they are solely responsible for determining their own tax reporting requirements in consultation with their own tax advisors, and Cottage Home Care Services cannot, and does not, offer tax advice to any Care Seeker or caregiver.


In addition:

YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, FAMILY MEMBERS, PARTNERS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE RELEASING PARTIES), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT LEANONWE AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, CLAIMS) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH THE SERVICE, YOUR INTERACTION WITH OTHER CARE SEEKERS AND/OR CAREGIVERS, ANY TRANSACTION, AND YOUR EXPERIENCE AS A CARE SEEKER OR A CAREGIVER.


YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS THE INTENTION OF THE PARTIES THAT THE FOREGOING RELEASE AND DISCHARGE SHALL BE EFFECTIVE AS A BAR TO ALL CLAIMS OF WHATEVER CHARACTER, NATURE, AND KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, HEREINABOVE SPECIFIED TO BE SO BARRED. IN FURTHERANCE OF THIS INTENTION, THE RELEASING PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON THEM BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.


ELIGIBILITY

You hereby authorize Cottage Home Care Services to verify your representations and warranties herein, and you acknowledge that Cottage Home Care Services reserves the right, but not the obligation, to undertake such verification, which may include, without limitation, conducting criminal background checks and using other available public records, and to take action it deems appropriate in its sole and absolute discretion, including but not limited to terminating your account, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Use.


REGISTRATION

If you would like to use the Service, you will need to register as a caregiver or a Care Seeker by creating an account. During the registration process, you will have to provide your name, email address, physical address and telephone number and any other information required to complete the registration process. You will also need to create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. We are under no obligation to accept any individual as a caregiver or a Care Seeker, and may accept or reject any registration in our sole and absolute discretion. Registration as a caregiver does not imply acceptance by Cottage Home Care Services.


FEES

Care Seeker agrees to pay Cottage Home Care Services the appropriate fee for Cottage Home Care Services services based on the services needed and as outlined to the Care Seeker. The Care Seeker further agrees to pay the caregiver the mutually agreed upon salary for services rendered by the caregiver (the Fees). In exchange for using the Service, caregivers and Care Seekers shall also pay the applicable service fee (the Service Fee) to Cottage Home Care Services. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you. All fees paid to Cottage Home Care Services are non-refundable, unless we determine in our sole discretion that a refund is warranted due to extraordinary circumstances.


USE OF PERSONAL DATA

Your use of the Site and/or the Service may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such personally-identifiable information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.


TAXES

Care Seekers and caregivers are responsible for ensuring that they comply with any obligations to pay, collect, and/or remit any sales, use, or other taxes or governmental charges in connection with any transaction they may enter into through the Service.


THIRD PARTY VERIFICATION SERVICE

Cottage Home Care Services may make one or more third party verification services (each a Verification Service) available to Care Seekers and caregivers for the purpose of authenticating certain information that may include, but is not limited to, name, social security number, address, and criminal background (collectively, Background Information). If you choose to use Background Information provided by a Verification Service made available by Cottage Home Care Services, you represent and warrant that you fully understand and agree that Cottage Home Care Services is merely a passive conduit for the Verification Service and does not have actual or implied control over, nor assumes any responsibility for, the accuracy, reliability or quality of the Background Information provided by the Verification Service. Moreover, you acknowledge and agree that we may review the Background Information provided by Verification Services and that we reserve the right, but not the obligation, in our sole and absolute discretion, to terminate your account based on the Background Information.


FAIR CREDIT REPORTING ACT

By this notice, pursuant to the Fair Credit Reporting Act (the "FCRA"), Cottage Home Care Services notifies you that if you decide to engage a Verification Service made available by Cottage Home Care Services, the Verification Service may obtain a consumer report about you from one or more consumer reporting agencies. Such consumer reports may contain information on your character, personal characteristics, general reputation, and mode of living, including but not limited to, to the extent applicable, consumer credit, criminal history, workers' compensation, motor vehicle, employment, military, civil, and educational data and reports. If you decide to engage a Verification Service made available by Cottage Home Care Services, you represent and warrant that: (i) you will use such information only for a purpose permitted under, and in compliance with all applicable provisions of, the FCRA (available at http://www.ftc.gov/os/statutes/fcrajump.shtm), as well as any other applicable consumer reporting law, and (ii) if you choose to access, use, or share Background Information provided by the Verification Service with any other party, you agree to do so in compliance with all federal, state, and local statutes, rules and regulations, and to indemnify, defend, and hold harmless Cottage Home Care Services from any loss, damage, liability, or costs that may arise from such access, use, and/or sharing of this Background Information, regardless of the cause. Cottage Home Care Services does not assume and expressly disclaims any liability that may arise from the use of Background Information provided by a Verification Service.


INTELLECTUAL PROPERTY

(a) Cottage Home Care Services Content. The Site and the Service contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Cottage Home Care Services (collectively referred to as the Cottage Home Care Services Content). The Cottage Home Care Services Content may be owned by us or our licensors, and is protected under both United States and foreign laws. The Cottage Home Care Services Content may include, without limitation, trademarks, service marks, and logos of Cottage Home Care Services used and displayed on the Site, which are registered and/or unregistered trademarks or service marks of Cottage Home Care Services. Except as otherwise provided in these Terms of Use, you have no rights in or to the Cottage Home Care Services Content.


UNSOLICITED INFORMATION

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, Unsolicited Information) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.


MISCELLANEOUS

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Cottage Home Care Services Disclaimers and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through the Site shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Cottage Home Care Services to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules (the Rules) of the American Arbitration Association (AAA) then in effect. All arbitration proceedings shall take place in New York, New York. These Terms of Use contain the entire agreement of the parties concerning the Site and the Service, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.