Member eligibility & accounts.
Eligibility. By using the Site, You represent and warrant that:
o You are at least 18 years old;
o You are and will continue to be a United States citizen and/or a person legally authorized to work in the United States;
o You have the right, authority and capacity to enter into this Agreement;
o You will abide by all the terms and conditions of this Agreement;
o Neither You, nor anyone in Your household (A) has been the subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offense or (B) has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
Member Verification by Members.
You are responsible to make Your own decision regarding the other Members that You engage through the Site. New Century may make a third-party verification service available to Members. Members may use this service to verify information of other Members 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 New Century 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 New Century may review the information provided by the third-party verification service. If You use the third party verification service, and such verification is governed by the Fair Credit Reporting Act (the “FCRA”), You represent and warrant that You will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. New Century expressly disclaims any and all liability that may result from the use of the information provided by the third party verification service. New Century expressly disclaims, and You expressly release New Century from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to (a) any misstatements and/or misrepresentations made by any Member or (b) THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY BACKGROUND CHECK provided to you in connection with the site or the services.
Optional Member Verification by New Century.
You understand and agree that New Century has the right, but not the obligation, to independently verify any statement made by any Member on the Site or verify that any Member meets any of the eligibility criteria set forth above. In the event that New Century chooses to verify the representations and warranties or any information provided by You through Your use of the Site, You hereby authorize New Century, either directly or through our vendors or service providers, to attempt to verify such information, which verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credential verification checks, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.
New Century is a Venue
The Site is a venue designed to connect home care providers (“Care Providers”) with care seekers and their families looking for home care services (“Care Seekers”). New Century does not provide or arrange for home healthcare services. New Century does not participate in the interaction between Care Providers and Care Seekers except to process payments on behalf of Care Providers and collect payments from Care Providers who use any of the New Century Premium Services (defined below). New Century does not provide any healthcare billing services. Any disputes related to the services received by Care Seeker or payment due to Care Provider must be resolved directly between Care Seeker and Care Provider. You understand and agree that New Century has no control over and is not responsible for the acts or omissions of any Members on or off the Site. You also understand and agree that New Century makes no representation or warranty regarding the quality of any services provided by any Member. New Century is not responsible for the accuracy or reliability of any information provided by any Member on the Site
MYALLAMERICANHOSPICE EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE MYALLAMERICANHOSPICE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF MEMBERS ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY CARE SERVICES BY ANY CARE PROVIDER.
Rules Regarding Information and other Content
When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call “Content.” Content includes information and materials posted to the Site or through the Services by You and other Members. You are entirely responsible for each individual item of Content that You post, email or otherwise make available on the Site or the Services. As between You and us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sub-licenseable, worldwide license, under any and all of Your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sub-licensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our Visitors and Members. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
o Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
o Violates the privacy, publicity, or other rights of third parties, including other Members;
o Violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
o Is false or inaccurate or becomes false or inaccurate at any time;
o Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
o Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
o Misrepresents Your identity in any way;
o Contains any 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;
o Contains any advertising or solicitation for anything other than home care services offer through the Site;
o Advocates or encourages any illegal activity; or
o Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
General Rules of User Conduct
It is our goal to make access to our Site and Services a good experience for Visitors and all of our Members. Correspondence between Members is for the sole purpose of connecting Care Seekers, Care Providers and other Members for purposes relating a Care Seekers home care. If You receive the personal information of any other Member through the use of the Services, You may use the information solely as necessary to conduct a transaction through the Site and Services. You may not use another Member’s personal information for any other purpose. You agree not to, and represent and warrant that You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
o Recruit, solicit or contact any Member for employment or contracting for a business not affiliated with New Century;
o Harass, intimidate or otherwise engage in illegal or offensive behavior with respect to any other Member;
o Conduct or promote any illegal activities while using the Site or Services;
o Upload, distribute or print anything that may be harmful to minors;
o Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
o Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
o Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
o Use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
o Use the Site or Services to stalk, harass or harm another individual;
o Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
o Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
o Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; and New Century reserves the right, in its sole discretion, to terminate Your use of the Site or assess a $10,000 daily penalty fee for violation of this provision;
o Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
o Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
o New Century follows an equal opportunity employment policy and employs personnel without regard to race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, disability status, veteran status, military obligations, and marital status.
o New Century is committed to serving all clients, their caregivers and family members, regardless of race, ethnicity, sex, age, religion, national origin, mental or physical ability, sexual orientation, gender identity and expression, ancestry, military discharge status, marital status, source of income, housing status or other protected classification.
The Site and basic Services of New Century, including access to the New Century social network and New Century Forum, are free for Members. Premium services, including secure messaging, shift scheduling, time management, invoicing and payment processing services (collectively,”Premium Services”) are available to Care Seekers for a fee. By using our Premium Services, Care Seeker agrees to pay New Century at the fees then in effect unless specifically notified otherwise. New Century reserves the right, at any time, to modify its fees and/or billing methods. In exchange for the Premium Services, Care Seeker authorizes New Century to deduct the then-current fee from all payments processed by New Century or a third party service provider on Care Provider’s behalf.
Premium Memberships may be automatically extended for successive renewal periods of the same duration as the membership originally selected (as indicated at the time of sign-up). IF YOU SIGN UP FOR A MEMBERSHIP THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH MEMBERSHIP OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM. BY CALLING NEW CENTURY HOME CARE AT 1-215-974-0000, BY EMAILING AT firstname.lastname@example.org, OR THROUGH YOUR ACCOUNT SETTINGS. Upon automatic renewal, you authorize New Century to charge your selected payment method the then current applicable fee in accordance with membership plan you selected. Upon cancellation, you will have access to the membership benefits until the end of the then-current membership term, and the membership will not be renewed after that term expires. You will not be eligible for a refund of any portion of the membership fees paid for the then-current membership period. New Century is not responsible for and will not reimburse any fees incurred by you from you bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by New Century.
If Care Provider uses our Premium Services to manage their home care services, then:
o At the end of each billing period, an invoice is created for each Care Seeker to whom the Care Provider provided care during such period;
o Each invoice is made available to the applicable Care Seeker through the Site and an email with the invoice will be sent to the Care Seeker for review.
o The Care Seeker reviews the invoice and, if approved, provides his or her credit card information to pay the invoice;
o Upon New Century’s receipt of (i) approval of the invoice from Care Seeker, (ii) credit card information to pay the invoice from Care Seeker and (iii) authorization from Care Seeker for New Century or its service provider to charge their credit card for the invoiced payment amount, then New Century, or a third party service provider, will (i) charge the Care Seeker’s credit card for the approved amount and (ii) deposit the amount charged less the applicable New Century fee into a New Century account.
o Care Provider’s funds will be scheduled to be automatically deposited into Care Provider’s bank account according to the bank details provided by Care Provider, if the Care Seeker payment is made before 2:00pm Pacific Time. If the payment is made after 2:00pm Pacific Time then the funds will be scheduled to deposited into the Care Provider bank account on the following business day. The time it takes for the funds to show in the Care Providers bank account will be typically 1-2 business days, depending on their financial institution.
o Care Seeker’s credit card will be automatically charged in subsequent billing periods upon Care Seeker’s approval of each invoice or the expiration of the review period. The Care Seeker has a review period of 4 days after invoice submission date to review and reject each Invoice submitted by their Care Provider. If the Care Seeker doesn’t reject the invoice within the 4-day review period, then the outstanding Invoice is considered Approved and the Care Seeker authorizes New Century to automatically charge their card for the amount due to their Care Provider and applicable New Century fees.
o Care Provider is solely responsible for the accuracy of his or her bank details, including Care Provider’s bank account number and bank routing number. New Century expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details submitted by Care Provider.
New Century is not responsible for and will not reimburse any fees incurred by Care Provider or Care Seeker from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by New Century.
New Century reserves the right to correct any errors in the payment of New Century fees even if it has already requested and/or received payment. Care Provider will remain responsible for the New Century fee and any other applicable fees in connection with any refund or chargeback of a Care Seeker’s payment.
New Century may use third party payment processing services to process credit card information. New Century expressly disclaims any and all liability for any claims or damages related to New Century’s use of third party payment processing services, including without limitation any damage that may result should any such information be released to any third parties.
For purposes of clarity, the Premium Services provided by New Century to Care Provider do not include any services related to submitting claims for reimbursement from any third party payer. In addition, no Care Provider may make any claim for reimbursement from any third party payer, including any private or governmental insurance provider, in connection with the services provided to any Care Seeker by such Care Provider.
New Century may send Members SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from New Century is voluntary. By deciding to receive SMS text messages from New Century, You give New Century express permission to send SMS text messages to Your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that New Century does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages from New Century.
New Century Forum
New Century Members may use the New Century Forum Service designed to facilitate communication between Care Seekers and their families with Care Providers and other Members that the Care Seeker wishes to share information with, such as their healthcare providers. The New Century Forum includes discussion forums, document sharing, posting announcements, scheduling events and related Services. Your use of the New Century Forum is governed by this Agreement.
No Professional Advice
All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. New Century expressly disclaims, and You expressly release New Century from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any time.
Modifications to the Sites and Services
We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
Third Party Content and Other Websites.
You agree that we, in our sole discretion, may immediately suspend or terminate Your access to the Site and Services at any time, for any reason, without notice or refund. YOU AGREE THAT NEW CENTURY HOME CARE LLC WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR CONTENT. SUSPENSION OR TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO NEW CENTURY HOME CARE LLC OR A THIRD PARTY.
Disclaimer of Warranties
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST REAL ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.WE reserve the right, but haVE no obligation, to monitor, or take any APPROPRIATE action regarding, disputes that You may have with MEMBERS, service providers or other customers.Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties.
We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
o An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
o a description of the copyrighted work that You claim has been infringed;
o a description of where the material that You claim is infringing is located on the Site or Services;
o Your address, telephone number, and email address;
o 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; and
o a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site or Services can be reached by directing an e-mail to email@example.com.
No Third Party Beneficiaries
You understand and agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
You acknowledge that You are not legally affiliated with New Century in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by Your use of the Site or Services or by this Agreement. New Century is not an employment service or agency and does not secure employment for Members.
Notice; Contact Information