Terms of Use-Privacy Policy

TERMS OF USE FOR

WWW.CAREGIVERJOBSSANDIEGO.COM

Last Modified: 5/30/2024

1)       ACCEPTANCE OF THE TERMS OF USE

SAN DIEGO HOME CAREGIVERS, LLC (referred to as “Company”, “we,” “us” or “our”) provides a website connecting caregivers seeking job placements (“referred to as job seeker-users”) with businesses and individuals seeking caregivers (“referred to as agency employer-users”). These Terms of Use govern and apply to all persons who access or use (referred to as “User,” “you” or “your”) our services, which consist of the website www.caregiverjobsinsandiego.com (the “Website”), as well as any content, features, software, functionality, other services or products offered through the Website (referred to as the “Services”).

Please read our Terms of Use, Terms of Sale and Privacy Policy before using any of our Services. By accessing our Website, registering a user account, or otherwise using any of the Services, you acknowledge you have read these Terms of Use, our Terms of Sale, and Privacy Policy, and that you understand them and agree to abide by them, together with any policies they expressly incorporate by reference (collectively the “Terms”). If you do not agree to all of the Terms, you must not access or use the Services.

You must be at least 18 years of age or older to use the Services. By creating an account or using the Services, you represent and warrant that you are 18 years of age or older and can enter into legally binding agreements under applicable law. If you do not meet these requirements, you must not access or use the Services. If you allow any minors under the age of 18 to access or use the Services, you shall be solely responsible for their uses of the Services, and you (or your legal parent or guardian, as applicable) shall indemnify us against any losses, claims or damages that may result.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THE DISPUTE RESOLUTION DETAILS IN SECTION 20 BELOW.

2)       ADDITIONAL POLICIES (IMPORTANT)

Privacy Policy: Our Privacy Policy explains our practices for collecting and using information. All information we collect through the Services, including information you provide during registration, or otherwise, is subject to and governed by our Privacy Policy, which is incorporated into this document by this reference. By accessing, installing or otherwise using the Services, you agree to be bound by the Privacy Policy, and consent to all actions taken by us relating to your information pursuant to the Privacy Policy.

Terms of Sale  : Our Terms of Sale explains the process and terms by which agency employer-users may purchase listing services from us, and how such transactions are conducted. All sale transactions, including the purchase of any products, services or other features, are subject to and governed by our Terms of Sale, which is incorporated into this document by this reference. By accessing, installing, or otherwise using the Services, you agree to be bound by the Terms of Sale, and consent to all actions taken by us relating to your purchases in compliance with the Terms of Sale.

3)       AGENCIES & CAREGIVER DISCLAIMERS

No Employment or Caregiver Services: WE DO NOT PROVIDE EMPLOYMENT OR PLACEMENT FOR ANY CAREGIVERS. WE ARE NOT CAREGIVERS AND DO NOT PROVIDE ANY CAREGIVER SERVICES. SAN DIEGO HOME CAREGIVERS, LLC (including the Website and Services) does not itself provide any jobs, employment, placement, training, instruction, background checks or screening, employment advice or professional consultations, of any kind. We are solely a software provider, and provide technology by which job seeker-users may find job information and connect with agency employer-users seeking caregivers. Any products or services offered or available through the Services are NOT provided by us. Such products, services, jobs, employment or other placement, are only provided by the agency employer-user, job seeker-user or other third party offering such products, services, jobs, employment or other placement.

No Endorsement of Users: We are not affiliated with and do not endorse any agency employer-users, whether they are companies, caregiver agencies, families, individuals, or any other kind of person or business, that use our Services. We are not affiliated with and do not endorse any job seeker-users that use our Services. We do not warrant the accuracy, completeness or usefulness of any information or services provided by such agency employer-users, or any information provided by any job seeker-users. Any services, employment or other working relationship conducted between an agency employer-user and job seeker-user, is solely conducted between that agency employer-user and the job seeker-user, and we have no involvement with such relationship in any way. We disclaim all liability and responsibility arising from any reliance placed on such information or services by you or any other users.

Agency Employer-Users: Any agency employer-user must be duly authorized to retain, provide or otherwise solicit the caregiver services being sought in their job listing, and must maintain at all times any licenses or permits necessary for retaining such services. By using the Services as an agency employer-user, you represent and warrant that all information provided in your User Contributions is accurate, free from material defect, and does not contain any material errors or omissions. You also represent and warrant that you are duly authorized to retain, provide or otherwise solicit the services described to job seeker-users.

Job-Seeker-Users. Any job-seeker-user must have sufficient experience and qualifications to provide their caregiver services, must maintain at all times any license for such services as required by law, and be duly authorized to provide such services and information to agency employer-users through the Services. By responding to or providing any information in connection with any job opening, you represent and warrant that you meeting the foregoing criteria.

Ongoing Compliance & Liability. If your authority or license (if any) becomes invalid for any reason after registering up for the Services, or responding to any job openings, you must immediately discontinue any and all uses of the Services, and any information or services provided to any other user. If you do not meet these requirements, you must not access or use the Services. If you use the Services as an agency employer-user or job seeker-user and do not meet these requirements, you shall be solely responsible for your uses of the Services, and you shall indemnify us against any losses, claims or damages that may result. 

4)       CHANGES TO OUR POLICIES & SERVICES

Changes to Policies: We may revise and update these Terms from time to time in our sole discretion. We shall notify you when such changes are made, and all changes are effective immediately when we post them. Any changes to the Dispute Resolution provisions will not apply to any disputes for which the parties have actual notice prior to the date the change is posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this Privacy Policy to check for any changes, as they are binding on you.

Changes to Services: We reserve the right to withdraw or amend the Services, and any services, products or materials we provide or offer through the Services, in our sole discretion without notice. We may discontinue some or all of the Services, or any features, functionality or platforms, at any time. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. We may update content on the Services from time to time, but any of the content on the Services may be out of date at any given time, and we are under no obligation to update such content.

5)       ACCESS TO SERVICES & ACCOUNT SECURITY

Availability: Services may be interrupted from time to time, for maintenance, repairs, upgrades, or network or equipment failures.

Access & Data Plan: You are responsible for obtaining all necessary devices, and data connections for using the Services, for making all arrangements necessary for you to have an Internet connection, and access to the Services, and for all fees, taxes, or carrier data plans associated with your use of the Services. We do not provide any such services or devices.

No Access to Emergency Services: The Services do not provide connection or access to any emergency service providers, such as fire departments, police departments, hospitals, or other public safety entities. If you are experiencing any type of emergency, please contact your local fire department, police department, hospital or other public safety entities directly.

Contact Information: It is a condition for agency employer-users to use the Services that all contact information provided is correct, current and complete. For purposes of using the Services, you must provide an accurate and up-to-date name, email address, financial information for billing, phone number, country and age. You further agree to provide us with any further documents we may request from time-to-time to verify your identity or as necessary to complete a purchase or sale.

Third-Party Access: If any other person accesses the Services through your Internet connection, you are responsible for ensuring that all such persons are aware of these Terms and comply with them.

6)       AUTHORIZED & PROHIBITED USES

Authorized & Non-Commercial Uses: Agency employer-users agree to use the Services only for the purpose of receiving information from job seeker-users seeking employment. Job seeker-users agree to use the Services only for purposes of connecting to agency employer-users. You may use the Services only for lawful, authorized, and acceptable purposes, and in accordance with these Terms. Responding to agency employer-users on the Website with knowingly false or fraudulent information is strictly prohibited. These Terms permit you to use the Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or materials available through the Services.

Unauthorized & Prohibited Uses: You agree not to use the Services:

•         In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export or trade of data or software to and from the US or other countries).

•         In any way that violates, misappropriates, or infringes the rights of the Company, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.

•         To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set forth in these Terms.

•         To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “bulk messaging,” “auto-messaging,” “spam” or any other similar solicitation.

•         To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

•         To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company, or users of the Services, or expose them to liability.

•         In any manner that is fraudulent or illegal, or that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Harm to Software: Additionally, you agree not to:

•         Use any device, software or routine, or otherwise use the Services in any manner, that could disable, overburden, damage, interfere, impair or disrupt any part of the Services, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

•         Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.

•         Use any robot, spider or other automatic device, process or means to access, retrieve, crawl, scrape, or otherwise index, any portion of the Services for any purpose, including but not limited to posted items, user profiles, names, addresses or photos.

•         Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

•         Collect the information of or about our users in any impermissible, unauthorized or prohibited manner.

•         Implement or introduce any viruses, trojan horses, worms, logic bombs, denial-of-service attacks, distributed denial-of-service attacks, or other material that is malicious or technologically harmful.

•         Otherwise attempt to interfere with the proper working of the Services in any way.

7)       INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP

Intellectual Property Ownership: The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, documents, images, illustrations, photographs, graphics, domains, logos, slogans, video, audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other respective providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“Intellectual Property”). You may not use any such Intellectual Property without our express authorization, and in accordance with these Terms.

Trademarks: The Company name CAREGIVER JOBS IN SAN DIEGO  , and all related names, logos, product and service names, designs and slogans (“trademarks”) are trademarks of the Company. You must not use such trademarks without the prior written permission of the Company. All other trademarks appearing on the Services are the trademarks of their respective owners.

License: We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services in accordance with these Terms. This license is for the sole purpose of allowing you to access or use the Services as authorized, and no other rights or licenses are granted by implication or otherwise.

Prohibited Uses. You must not reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, alter, publicly display or perform, republish, download, store, extract, sell, resell, rent or transmit any Intellectual Property, or other material on the Services. You must not delete or alter any copyright, trademark or other proprietary rights notices on the Services.

Infringement: If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Services or any content on the Services is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

8)       USER CONTRIBUTIONS

Contributions: The Services may contain personal web pages or profiles, job listings, chat messaging threads, other internal messaging systems, forums, bulletin boards, or other interactive features (“Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or persons (“post”) content or materials (collectively “User Contributions”) on or through the Services. You are responsible for any User Contributions, and any other data, text, code, information, screen names, graphics, photos, profiles, audio, video, and links that you submit, post or display on the Services.

License: Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant the Company and its licensees, successors and assigns a worldwide, non-exclusive, fully paid, royalty-free, sub-licensable and transferable, license to use, reproduce, modify, perform, display, create derivative works of, distribute, and otherwise disclose to third parties any such material.

Compliance: We do not claim ownership for any User Contributions. However, all User Contributions must comply with the User Content Standards set out in these Terms.

Representations & Warranties: You represent and warrant that all of your User Contributions do and will comply with these Terms, and that you own or control all rights to the User Contributions and have the right to grant the license above.

Responsibility: You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Posting Personal Information: While it is not expressly prohibited, we highly recommend you do no post or display any personal information by which you, or anyone else, may be identified. Our Privacy Policy does not extend to information that you publicly post or display on or through the Services.  

9)       USER CONTENT STANDARDS

These user content standards apply to all User Contributions and use of Interactive Services. User Contributions in their entirety must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

•         Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

•         Post or promote sexually explicit, suggestive or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

•         Impersonate any person, misrepresent your identity or affiliation with any person or entity, give the false impression they emanate from or are endorsed by us or any other person or entity, or otherwise be likely to deceive any person in any way.

•         Promote any illegal activity, or advocate, promote or assist any unlawful act.

•         Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

•         Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

•         Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms, our Privacy Policy or our Terms of Sale, which are incorporated into this document by reference.

•         Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

10)      RELIANCE ON INFORMATION POSTED

General Purposes: The information we present on or through the Services is for general informational purposes only, and any referenced resources may change from time to time. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other users, or anyone who may be informed of any of its contents.

No Liability for Third-Party Content: The Services may include content provided by third parties, including User Contributions, or materials provided by job-poster-users, other users, bloggers, licensors, advertisers, or payment processors. We are not responsible or liable to you, or any third party, for the content or accuracy of any content or materials provided by any third parties or for any products, services or employment provided by any third party. All statements and opinions expressed in such content are solely the opinions and responsibility of the person providing it. Such content does not necessarily reflect the opinions of the Company.

11)      NOTICE & TAKEDOWN PROCEDURE FOR COPYRIGHT COMPLAINTS

DMCA: It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). The following instructions are intended to expedite the process of submitting notices of alleged infringement, while reducing the number of fraudulent or ambiguous notices we receive.

Notice & Takedown: It is expected that all Users of the Services will comply with applicable copyright laws. However, if we receive proper takedown notification of alleged copyright infringement, our response will be to remove or disable access to all such material. It is our policy to terminate the user accounts of repeat infringers. If we remove or disable any such access in response to a notice, we will make a good-faith effort to contact the account owner so they may make a counter notification.

Reporting Infringement: If you believe that any User Contributions violate your copyright, trademark or other intellectual property, please follow the instructions below for sending us a notice of infringement. Please note, you may be liable for damages (including costs and attorneys’ fees) for materially misrepresenting that material is infringing your intellectual property. If you are unsure whether online material constitutes infringement, we suggest you first contact an attorney.

Infringement Notification: If you believe any User Contribution constitutes infringement of your copyrighted work, or other violation of your intellectual property rights, please provide the following information in a written communication:

•         Identification of the copyright work or works claimed to be infringed.

•         Identification of the material claimed to be infringing, and that should be removed, and information reasonably sufficient to permit us to locate the material.

•         Information reasonably sufficient to permit us to contact you, such as an address, phone number and email address.

•         The following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner, or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

•         A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or person authorized to act on the owner’s behalf.

Designated Agent: All notices of copyright infringement claims should be sent by email to our designated agent at caregiverjobsinsandiego@gmail.com, and should include the email subject line of “NOTICE OF COPYRIGHT INFRINGEMENT.”

12)      ENFORCEMENT & TERMINATION

Enforcement: We have the right to:

•         Refuse service to anyone for any reason at any time.

•         Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

•         Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Content Standards, infringes any Intellectual Property right or other right of any person or entity, is unlawful, threatening, defamatory, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

•         Reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.

•         Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•         Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

•         Terminate, suspend or modify your access to or use of all or part of the Services at any time for any reason, including for any violation of these Terms, creating a risk of harm to the Company or its users.

No Liability: We do not have an obligation to monitor or review any User Contribution before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, User Contribution, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Law Enforcement: Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, AS A RESULT OF, OR CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR OTHER LAW ENFORCEMENT AUTHORITIES.

Content Storage: Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. We encourage you to maintain your own backup of your User Contributions and personal information. We will not be liable for any modification, suspension, discontinuation, or loss of any user information or content.

13)      INTEGRATION WITH THIRD PARTY SERVICES & POLICIES

Third-Party Policies: We may integrate or connect other third-party services, products or content, to work in connection with our Services (such as  data transfer, social sharing, cloud storage or payment processors). Please be advised that when you access or use third-party services, those services are governed by the third party’s terms of use and policies.

Third-Party Links: If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in agency employer-user biographies, job listings, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14)      LINKING TO THE SERVICES & SOCIAL MEDIA FEATURES

Linking: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Further, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the User Content Standards set out in these Terms.

Social Media: The Services may provide certain social media features that enable you to link to content on the Services, send communications with content or links through the Services, or display limited portions of content on other sites. You may use these features solely as provided, with respect to the content they are displayed with. Subject to the foregoing, you must not:

•         Establish a link from any website that is not owned by you.

•         Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

•         Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms of Use.

Removal: You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, and may disable all or any social media features and any links at any time without notice in our discretion.

15)      DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES, ITS CONTENT AND ANY MATERIALS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR   PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE ARE NOT RESPONSIBLE FOR CONTROLLING AND DO NOT CONTROL HOW USERS USE OUR SERVICES, OR THE ACTIONS, INFORMATION OR USER CONTRIBUTIONS OF USERS OR OTHER THIRD PARTIES. YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING ATTORNEYS’ FEES) YOU MAY HAVE THAT ARISE OUT OF OR RELATE TO SUCH USERS OR THIRD PARTIES. BY THIS RELEASE, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR APPLICABLE LAW OF ANY OTHER JURISDICTION, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL, DUE TO YOUR USE OF THE SERVICES, ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

16)      LIMITATION ON LIABILITY

THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT A CLAIMANT HAS PAID TO COMPANY FOR THE APPLICABLE SERVICES OR PURCHASES DURING THE IMMEDIATELY PRECEDING SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17)      INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to: (a) the violation of these Terms (or any policy referenced herein) by you or anyone using your account; (b) your use or misuse of, or access to the Services, including, but not limited to, your User Contributions, and your use of any information obtained from the Services; (c) your interaction with any agency employer-users, job seeker-users, or other users of any kind; (d) any sales or purchases made through the Services; (e) any jobs, employment or other work offered, provided, accepted or undertaken on or through the Services; and (f) any other uses other than as expressly authorized in these Terms.

18)      GOVERNING LAW & JURISDICTION

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the State of California, County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19)      GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the state of California in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Our services are not intended for use in any country where such use would violate local law or would subject the Company to the laws or regulations of another country. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit our Services in any country.

You agree to not download or use the Services if you are located in a restricted country, if you are listed on any US or non-US restricted-parties list, or for any reason prohibited by export and trade laws, and you agree not to disguise your location through IP proxy or other methods. You agree to not, directly or indirectly, export, provide or otherwise transfer our Services to any individual, entity prohibited by export and trade laws, to anyone on US or non-US government restricted parties’ lists, or for any purposes prohibited by export and trade laws, including nuclear, chemical or biological weapons, or missile technologies without the required government authorizations.

20)      DISPUTE RESOLUTION

Arbitration: For any dispute between you and the Company, arising from the use of these Terms or the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration in the State of California, County of San Diego, under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services. ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.

No Class Actions: You agree that you may only bring disputes against the Company on your own behalf, and not on behalf of any other person or entity, or any class of people. You agree not to participate in any class action, class arbitration, or consolidated disputes. In any dispute, neither you nor the Company will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Limitation On Time To File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21)      GENERAL TERMS

Amendments & Waivers: Any amendment or waiver to our Terms of Use requires our express consent.

Waiver: No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Severability: If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, such that the remaining provisions of the Terms of Use shall be unaffected and will continue in full force and effect.

Transferability: The Company may freely assign any of its rights and obligations under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights or obligations under these Terms without prior written consent from the Company.

Language: Our Terms are written in English. Any translated version (if any) is provided for your convenience. If any translated version of our Terms conflict with the English version, the English version shall control.

Entire Agreement: The Terms, and all other policies incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If any future Terms are agreed to, such future Terms shall govern.

22)      NOTICES

We may provide any notice to you under these Terms by: (a) sending a message to the email address you provide during registration; or (b) by posting to the Services. Such notices will be effective when the email is sent, or when posted. It is your responsibility to check the Website from time to time, and keep your email address current, so you can stay updated on changes.

To give us notice under these Terms, you must send written notice by personal delivery, overnight courier, or registered or certified mail, to: 3443 Camino Del Rio S, #202, San Diego, CA 92108. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

24) YOUR QUESTIONS & COMMENTS

We always welcome any feedback you may have about CAREGIVER JOBS IN SAN DIEGO, or our services. All feedback, comments, requests for technical support and other communications relating to the Terms or Services should be directed to: caregiverjobsinsandiego@gmail.com.

Privacy Policy

PRIVACY POLICY FOR

WWW.CAREGIVERJOBSINSANDIEGO.COM

Last modified: 5/30/2024

1)       OUR PRIVACY POLICY

We value and respect your privacy and are committed to protecting it under this Privacy Policy. This Privacy Policy describes the types of information SAN DIEGO HOME CAREGIVERS, LLC (“Company”, “we,” “us” or “our”) may collect from you (“User,” “you,” or “your”) or that you may provide through communications with us or other third parties, or when you use or access our website www.caregiverjobsinsandiego.com (the “Website”). Please read this Privacy Policy carefully to understand our policies and practices for collecting, using, maintaining, protecting and disclosing your information.

By accessing or using our Services, you agree to this Privacy Policy, including the collection, use and sharing of your information as described herein. If you do not agree with our Privacy Policy, you must not access or use the Website. This Privacy Policy does not apply to information collected by us offline or through any other means, or by any other website, app or third party, including through any application or content that may link to or be accessible from the Website.

2)       CHANGES TO OUR PRIVACY POLICY

We may revise this Privacy Policy from time to time. We shall notify you when such updates are made, and all changes are effective immediately when we post them. The date the Privacy Policy was last revised is identified at the top of the page. All users are responsible for periodically visiting our Website and this Privacy Policy to check for any changes, and agency-users are also responsible for ensuring we have an up-to-date active and deliverable email address. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

3)       INFORMATION YOU PROVIDE

User Information: Information you provide to us on or through the Website may include:

•         Information you provide, including your name, phone number, email address, address, age, or other information by which you may be identified (“personal information”).

•         For caregiver job-seeker-users, information you provide by filling in forms on the Services, submitting job applications, and information or materials provided to other users and other sites.

•         Information you provide when you contact customer support or report a problem with the Services, including your email address, and records and copies of such correspondence.

User Contributions: You also may provide information to be posted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

4)       INFORMATION WE COLLECT AUTOMATICALLY

Types of Information: As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information related to your usage, diagnostic and performance reports, including:

•         Usage: Details of your visits to our Website, including traffic data, usage details, location data, online status, length of visit, log files and other communication data and the resources that you access and use on the Website.

•         Devices & Connection: Information about your computer, device and Internet connection, including your IP address, hardware model, operating system and browser type, and mobile network information.

Types of Technology: The information we collect automatically is statistical data and does not include personal information, however we may maintain it or associate it with personal information we collect in other ways or receive from third parties. Technologies we use to collect data automatically may include:

•         Analytics Tracking: Pages of the Website may contain tracking codes that permit the Company to count users who have visited those pages, and for other related website statistics (for example, tracking visits to certain content, site performance and page speed, and search terms used to find the Website).

•         Cookies: A cookie is a small file placed on your device when you use the Website, and is used to remember your choices and preferences, or track your usage on the Website. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you disable or refuse cookies, some parts of the Website may be inaccessible or not function properly.

•         Beacons: We may also automatically record certain information from your device by using technology such as “clear gifs” or “web beacons.” This automatically collected information may include your IP address, web browser, device type, the web pages you visit just before or after using the Website, pages or content you view or interact with on the Website, and the dates and times you visit, access, or use the Website. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message.

•         Geo-location: We may obtain information about your physical location, such as by use of GPS and other geo-location features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).

5)       THIRD-PARTY INFORMATION

Third-Party Advertisers: Some content or applications within the Services are served by third parties, including advertisers, ad networks and servers, content providers and application providers. We may use your information to display advertisements to our advertisers’ target audiences. Though we do not disclose your personal information for these purposes, if you click on or otherwise interact with an advertisement, the advertiser may assume you meet its target criteria. These third parties may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use the Website.

We do not control parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Third-Party Providers: Further, we may work with third-party service providers to help improve our Services. When you interact with third-party providers, you may be providing information directly to the third party. For example, caregiver job seeker-users may also provide personal information to agency employer-users.

Use of Information by Third Parties: We do not control third parties’ tracking technologies or how they may be used. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of their services. If you have any questions about such policies, you should contact the responsible provider directly.

Third-Party Users: Other users of the Services may provide us with information about you, such as your contact information, or may provide other information through their User Contributions.

6)       HOW WE USE YOUR INFORMATION

Purposes: Collecting this information helps us improve our Services and deliver a better, more personalized experience, by enabling us to:

•         Store information about your preferences, allowing us to customize our Services according to your individual interests, and recognize you when you return to the Services.

•         Present, improve, fix, troubleshoot, customize and analyze our Website and its contents.

•         Estimate our audience size and usage patterns, and improve performance and speed of the Website.

•         Carry out our obligations, and enforce our rights under our Terms of Use and Privacy Policy, including to investigate any violations of our Terms, or other suspicious activity.

•         Provide you with notices and updates to the Terms of Use or Privacy Policy, changes to the Services.

•         To communicate with you when you contact us, and provide you with information that you request from us.

•         To fulfill any other purpose for which the information is provided, or for any other purpose with your consent.

•         Contact you about goods or services that you may be interested in. If you do not want your information used for this purpose, you may opt-out through your online account or by clicking to ‘unsubscribe’ from newsletters.

7)       DISCLOSURE OF INFORMATION

User Disclosure: Certain information that you provide through the Services may be available to others who use the Services, including your name, profile, phone number, status or User Contributions. Other users that you communicate with may store or re-share your information with others.

Aggregated Data: We may disclose aggregated information (statistical data that does not identify any individual) about our users without restriction.

Company Disclosure: We may disclose personal information that we collect or you provide:

•         To buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, in which personal information held by the Company about our Services users is among the assets transferred.

•         To subsidiaries, affiliates, contractors, service providers and other third parties we use to support our business, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

•         If we reasonably believe disclosure is necessary or appropriate to enforce our Terms of Use, protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, credit risk reduction, billing and collection purposes.

•         To comply with any court order, law or legal process, including to respond to any government or regulatory request.

•         To fulfill the purpose for which you provide it, or any other purpose disclosed by use with you provide the information.

•         For any other purpose with your consent.

8)       MANAGING YOUR INFORMATION

Agency employer-users may also send us an email at caregiverjobsinsandiego@gmail.com to request access to, correct or delete any personal information that they may have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Account Deletion: Agency employer-users may delete their account at any time by sending us an email at caregiverjobsinsandiego@gmail.com. Please note that when you delete your account, all of your information may be deleted from our servers, except information we require to operate and provide the Services. However, deleting your account does not affect the information that has been stored or shared by other parties. Further, if you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

9)       DATA SECURITY

We, or through third-party service providers, have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. The information you share in public areas may be viewed by other users of the Website.

10)      GEOGRAPHIC RESTRICTIONS

Our Website is hosted in the United States, is only intended for users within the United States, and we make no claims that the Website, the Services, or any of its content are accessible or appropriate outside of the United States. Please note that many countries may have laws governing data collection and use that differ from U.S. law. If you choose to use the Services from any other country or region of the world, you should be aware that you are transferring your personal information outside of that country or region to the United States for storage and processing, and that we may also transfer your data from the U.S. to other countries or regions in connection with the storing and processing of the data, fulfilling your requests, and/or operating the Services. Further, by using the Services, you may provide your information to users or third parties in countries outside the United States, regardless of where you are located when using the Services. By providing any information, including personal information, on or through the Website, you consent to such transfer, use, storage, and processing.

11)      CHILDREN UNDER THE AGE OF 18

The Services are not intended for children under 18 years of age. No one under age 18 may provide any personal information on the Website, and we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Website, Services, or on any of its features, do not make any purchases through the Website, register on the Website, or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: caregiverjobsinsandiego@gmail.com.

12)      YOUR QUESTIONS & COMMENTS

We always welcome any feedback you may have about CaregiverJobsinSanDiego.com or our policies. To ask questions or comment about this Privacy Policy and our privacy practices, please contact us at:

Email: caregiverjobsinsandiego@gmail.com

Mail:   3443 Camino Del Rio S, #202, San Diego, CA 92108

Phone:            (619) 487-9000

These Services are operated by San Diego Home Caregivers, LLC, a California limited liability company.