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Terms of Service

It is important that you read the following terms and conditions carefully before using this website.

Your use of this website constitutes an exceptance of the below "employer agreement terms and conditions", "caregiver services agreement terms and conditions" and "rules of conduct"

Employer Agreement Terms And Conditions

It is important that you read the following terms and conditions carefully before using this website.

Scope of Agreement. This Employer Agreement Terms and Conditions ("Agreement") is a legal agreement between yourself and Mundo Sourcing Limited, the owner and operator of www.Myhomecaregivers.com (the "Website"). This Agreement states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, text, images, computer software and code (the "Content") and the Access Services (as hereinafter defined) to the Myhomecaregivers.com database (the "Database") offered by Myhomecaregivers.com through the Website.

Acceptance. By browsing, accessing and using the Website, the Content or the Database in any way, you are indicating your acceptance to be bound by the terms and conditions of this Agreement, including without limitation, the full terms and conditions of the Myhomecaregivers.com "Privacy Policy" provided at www.Myhomecaregivers.com/privacypolicy, the "Myhomecaregivers.com Rules of Conduct" provided at www.Myhomecaregivers.com/termsofservice and all other applicable terms, conditions and disclaimers provided in the pages of the Website.

If you do not accept these terms and conditions, you must not use the website.

Myhomecaregivers.com may revise this Agreement at any time by updating this posting and will provide notice of material changes on the home page of the Website. Use of the Website after such notice is posted will signify your acceptance of any revised terms and conditions. The most current version of the Agreement can be found at www.Myhomecaregivers.com/termsofservice

Conflicting Terms. This Agreement shall be read together with any terms, conditions and disclaimers provided in the pages of the Website, including the Privacy Policy and the Myhomecaregivers.com Rules of Conduct, which are included herein by reference. In the event of any conflict between the terms and conditions in this Agreement and any other terms and conditions found elsewhere on the Website, the terms and conditions provided in this Agreement shall prevail over such other terms and conditions to the extent of the conflict.

Use of the Website. Myhomecaregivers.com authorizes you to access and use the Website, the Content and the Database for your personal non-commercial use in accordance with the terms and conditions of this Agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website, the Content, the Database and the Access Services.

Access Services. Access services are free to those who are or represent a potential employer of a Caregiver, or are otherwise interested in viewing the content of this Website. Myhomecaregivers.com hereby agrees to provide you with access to the Database and the "Caregiver Profiles" containing certain biographical, personal, or other information pertaining to a nanny, senior caregiver, or other Caregiver that provides care-giving services ("Caregiver") that are maintained in the Database (the "Access Services"). You agree and understand that that the Access Services are not intended to replace the care, professional opinion, services or judgement of a professional care provider, including without limitation a physician or nurse.

Non-Solicitation of Foreign Caregivers If a user receives the contact information (telephone number, email or address) of a foreign caregiver they may not try to solicit that caregiver for the purpose of employment without the expressed consent of Myhomecaregivers.com.

No Monitoring of Content. You acknowledge and agree that all Caregiver information or other Content provided by a Caregiver to Myhomecaregivers.com or appearing on the Website is the sole responsibility of that Caregiver.

No Endorsement of Content. You acknowledge and agree that Myhomecaregivers.com does not endorse the content of any Caregiver Profile or other Content contained on the Website, or in the Database, and is not responsible or liable for any content, even though it may be unlawful, harassing, libellous, privacy invading, abusive, threatening, discriminatory, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of any Person. You further acknowledge and agree that Myhomecaregivers.com and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Caregiver Profile content or other Content that is publicly available via the Website.

Registration. To use certain features of the Website, including the Access Services, you may be asked to register with the Website and provide certain biographical, personal, contact or other information pertaining to yourself ("User Content"). You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Myhomecaregivers.com has reasonable grounds to suspect that such User Content is untrue, inaccurate, not current or incomplete, Myhomecaregivers.com has the right to suspend or terminate your access to and use of the Website or any portion thereof. Myhomecaregivers.com's use of any personally identifying information you provide as part of the registration process is governed by the terms of the Myhomecaregivers.com "Privacy Policy" provided at www.Myhomecaregivers.com/privacypolicy

Licence to Myhomecaregivers.com for User Content. By submitting User Content to the Website, you grant a non-exclusive, royalty-free license in the User Content, including worldwide, translation, reprint and reproduction rights, and all electronic and online rights to modify (for purposes of formatting, maintenance, or Website administration only) and reproduce such User Content to Myhomecaregivers.com. You also grant the right to distribute and publicly display such User Content for the purpose for which such User Content was submitted to the Website. This license will be in effect until such User Content is removed from the Website.

DISCLAIMER OF WARRANTY. The Website, the Content, the Database and the Access Services are provided "AS IS" and "AS AVAILABLE" without representation, warranty or condition of any kind, expressed or implied, to the fullest extent permitted by law. While Myhomecaregivers.com tries to provide information that is correct, valid accurate, current, and timely, Myhomecaregivers.com makes no representations, warranties, covenants or guarantees, express or implied, regarding the Website, the Content, the Database and the Access Services, including without limitation, any representation, warranty or covenant that (i) the Website, the Content, the Database or the Access Services will meet your needs of requirements; (ii) the Website, the Content, the Database or the Access Services will always be accurate, valid, complete, valid, current, reliable, or timely; (iii) that the operation of the Website will always be uninterrupted or error-free; (iv) that defects or errors in the Website, the Content, the Database or the Access Services, be it human or computer errors, will be corrected, (v) that the Website, the Content, the Database or the Access Services will be free from viruses, harmful components or any other contaminating or destructive properties; or (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that no advice or information, whether oral or written, obtained by you from Myhomecaregivers.com, its agents or representatives, or from the Website, the Content, the Database or the Access Services shall create any representation or warranty if not also expressly stated in this Agreement.

DATABASE UP-TO-DATEDNESS. Myhomecaregivers.com doesn't guarantee that the caregivers registered on this website have up-to -date profiles/accounts. Users understand that Myhomecaregivers.com reminds caregivers by e-mail that they have to keep their profiles up-to-date by changing the information in their profiles to properly reflect their employment situation or to remove themselves from the database. Users also understand that if a caregiver chooses to ignore our e-mail reminders Myhomecaregivers.com is not responsible for any inconvenience.

LIMITATION OF LIABILITY. In the event of a breach of this Agreement by Myhomecaregivers.com, you agree that Myhomecaregivers.com shall not be responsible or liable to you, to anyone claiming through you or to any third party for any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest, or any cause of action whatsoever resulting howsoever from or in connection with this Agreement, the provision of the Access Services, or any interruption in the use of or access to the Website, the Content, the Database or the Access Services, howsoever caused, or resulting from the negligence of Myhomecaregivers.com or its service providers, directors, officers, managers, employees, agents, subcontractors or representatives. For greater certainty and without limiting the foregoing, in no event shall Myhomecaregivers.com be liable to you or any third-party for any indirect, special, incidental or consequential damages in connection with or arising out of the performance or non-performance of this Agreement howsoever caused including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Myhomecaregivers.com has been advised of the possibility of such damages), resulting from (i) the use of or the inability to use the Access Services, the Database or the Website; (ii) the cost of getting substitute goods and services resulting from any products, data, information or Access Services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) the download or upload of any material through the Website; (iv) unauthorized access to or alteration of your or a Caregiver's data or transmissions; (v) statements or conduct of any Person using the Website, the Database or the Access Services; (vi) your reliance on or use of information, the Content, the Database or the Access Services provided under this Agreement or that result from mistakes, omissions, interruptions, deletion or corruption of files, defects, delays in preparation or transmission or any other failure of performance of the Web.

Caregiver services agreement terms and conditions

Scope of Agreement. This Caregiver Services Agreement Terms and Conditions ("Agreement") is a legal agreement between yourself and Mundo Sourcing Limited, the owner and operator of www.Myhomecaregivers.com (the "website"). This Agreement states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, text, images, computer software and code (the "Content") and the Listing Services (as hereinafter defined) to the Myhomecaregivers.com database (the "Database") offered by Myhomecaregivers.com through the Website.

Acceptance. By browsing, accessing and using the Website, the Content or the Database in any way, you are indicating your acceptance to be bound by the terms and conditions of this Agreement, including without limitation, the full terms and conditions of the Myhomecaregivers.com "Privacy Policy" provided at www.Myhomecaregivers.com/privacypolicy, the "Myhomecaregivers.com Rules of Conduct" provided at www.Myhomecaregivers.com/termsofservice and all other applicable terms, conditions and disclaimers provided in the pages of the Website.

If you do not accept these terms and conditions, you must not use the website.

Listing Services and Registration. Registration with Myhomecaregivers.com is free if you are a nanny, senior caregiver, or other Caregiver that provides care-giving services ("Caregiver") and are looking for work in the area of child-care or senior citizen care. Upon request and at the sole discretion of Myhomecaregivers.com, Myhomecaregivers.com may provide you with one free personal profile listing account containing your biographical, personal, and other information ("Caregiver Profile") that you submit to Myhomecaregivers.com. The Website may then display some or all of your Caregiver Profile on the Website, and to maintain your Caregiver Profile in the Database to allow access by Clients of Myhomecaregivers.com (the "Access Services").

Registration. In posting, uploading, inputting or submitting your Caregiver Profile to the Website, you may be asked to register with the Website and provide certain biographical, personal, contact or other information pertaining to yourself, including all text, photos, images and graphics ("Caregiver Content"). You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Myhomecaregivers.com has reasonable grounds to suspect that such Caregiver Content is untrue, inaccurate, not current or incomplete, or violates this Agreement, any law or regulation or the rights of any Person, Myhomecaregivers.com has the right to suspend or terminate your access to and use of the Website or any portion thereof and to remove your Caregiver Profile from the Website. Myhomecaregivers.com's use of any personally identifying information you provide as part of the registration process is governed by the terms of the Myhomecaregivers.com "Privacy Policy" provided at www.Myhomecaregivers.com/privacypolicy/

Licence to Myhomecaregivers.com for Caregiver Content. By submitting Caregiver Content to the Website, you grant a non-exclusive, royalty-free license in the Caregiver Content, including worldwide, translation, reprint and reproduction rights, and all electronic and online rights to modify (for purposes of formatting, maintenance, or Website administration only) and reproduce such Caregiver Content to Myhomecaregivers.com. You also grant the right to distribute and publicly display such Caregiver Content for the purpose for which such Caregiver Content was submitted to the Website. No compensation will be paid to you for the use of your Caregiver Content as provided herein. This license will be in effect until such Caregiver Content is removed from the Website.

DISCLAIMER OF WARRANTY. The Website, the Content, the Database and the Listing Services are provided "AS IS" and "AS AVAILABLE" without representation, warranty or condition of any kind, expressed or implied, to the fullest extent permitted by law. While Myhomecaregivers.com tries to provide information that is correct, valid accurate, current, and timely, Myhomecaregivers.com makes no representations, warranties, covenants or guarantees, express or implied, regarding the Website, the Content, the Database and the Listing Services, including without limitation, any representation, warranty or covenant that (i) the Website, the Content, the Database or the Listing Services will meet your needs of requirements; (ii) the Website, the Content, the Database or the Listing Services will always be accurate, valid, complete, valid, current, reliable, or timely; (iii) that the operation of the Website will always be uninterrupted or error-free; (iv) that defects or errors in the Website, the Content, the Database or the Listing Services, be it human or computer errors, will be corrected, (v) that the Website, the Content, the Database or the Listing Services will be free from viruses, harmful components or any other contaminating or destructive properties; or (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that no advice or information, whether oral or written, obtained by you from Myhomecaregivers.com, its agents or representatives, or from the Website, the Content, the Database or the Listing Services shall create any representation or warranty if not also expressly stated in this Agreement.

LIMITATION OF LIABILITY. You acknowledge and agree that Myhomecaregivers.com shall not be responsible or liable to you, to anyone claiming through you or to any third party for any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest, or any cause of action whatsoever resulting howsoever from or in connection with this Agreement, the provision of the Listing Services, or any interruption in the use of or access to the Website, the Content, the Database or the Listing Services, howsoever caused, or resulting from the negligence of Myhomecaregivers.com or its service providers, directors, officers, managers, employees, agents, subcontractors or representatives. For greater certainty and without limiting the foregoing, in no event shall Myhomecaregivers.com be liable to you or any third-party for any indirect, special, incidental or consequential damages in connection with or arising out of the performance or non-performance of this Agreement howsoever caused including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Myhomecaregivers.com has been advised of the possibility of such damages), resulting from (i) the use of or the inability to use the Listing Services, the Database or the Website; (ii) the cost of getting substitute goods and services resulting from any products, data, information or Listing Services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) the download or upload of any material through the Website; (iv) unauthorized access to or alteration of your or a Client's data or transmissions; (v) statements or conduct of any Person using the Website, the Database or the Listing Services; (vi) your reliance on or use of information, the Content, the Database or the Listing Services provided under this Agreement or that result from mistakes, omissions, interruptions, deletion or corruption of files, defects, delays in preparation or transmission or any other failure of performance of the Website, the Content, the Database or the Listing Services; or (vii) any other matter relating to the Website, the Content, the Database or the Listing Services. You acknowledge and agree that your access to and use of the Website, the Content the Database and the Listing Services is entirely at your own risk and liability.

INDEMNIFICATION. You agree to indemnify and hold Myhomecaregivers.com and its service providers, directors, officers, managers, employees, agents, subcontractors or representatives harmless from and against any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest, or any cause of action whatsoever, including without limitation, the personal injury, death, property damage or other damage suffered by any Person resulting howsoever from: (a) your wrongful act or omission in connection with the use of the Listing Services or the Website; (b) the infringement of any patent, copyright, trademark or design or unauthorized use of proprietary technical information by you in connection with the use of the Listing Services or the Website; or (c) the content of any communications transmitted or received by you using the Listing Services or the Website, including without limitation, in connection with claims of copyright infringement, defamation, passing off or acts of unfair competition.

Intellectual Property. Myhomecaregivers.com assumes full ownership of its trademarked logo appearing on the Website. All text, images, graphics, animation, HTML, database coding, and other materials on the Website are subject to all copyright and other intellectual property rights of Myhomecaregivers.com. These materials may not be reproduced, distributed, modified or reposted to other websites without the express written permission of Myhomecaregivers.com.

Internet Links to Independent Websites. Internet links provided on the Website may lead to websites operated by independent website owners. You understand and agree that Myhomecaregivers.com has no control or responsibility for the content of such independent websites and provides these links to you strictly for convenience purposes only and not as an endorsement by Myhomecaregivers.com of any independent website or the content thereof. You further agree and understand that Myhomecaregivers.com does not own, control or operate any independent website and makes no representation or warranty of any kind regarding any independent website, including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, validity, reliability, completeness, timeliness or suitability of any content on such independent websites; (ii) any representation, warranty or covenant regarding the merchantability, fitness for a particular purpose and/or non-infringement of any independent websites or material, content, software, goods, or services located at or made available through such independent websites; or (iii) any representation, warranty or covenant that the operation of such independent websites will be uninterrupted or error free, that defects or errors in such independent websites will be corrected, or that such independent websites will be free from viruses, harmful components or other contaminating or destructive properties. Neither Myhomecaregivers.com nor its service providers, officers, directors, employees, agents, licensors, nor their respective successors and assigns, are responsible for any damages or losses caused by any delays, defects, or omissions that may exist in the services, information or other content provided in such independent website.

Governing Law and Jurisdiction. The Website is operated by Mundo Sourcing Limited from its offices in the City of Calgary, Province of Alberta. You agree that this Agreement all matters relating to your access, or use of the Website and its Content shall be governed and construed in accordance with the domestic laws of the Province of Alberta and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree that any litigation based on this Agreement or arising out of or in connection your access and use of the Website and the Content shall be brought and maintained exclusively in the courts located in Alberta and the appellate courts thereof and you hereby irrevocably attorn to the jurisdiction of such courts for the purpose of any such litigation and irrevocably agree to be bound by any judgment rendered thereby in connection with such litigation.

Entire Agreement. This Agreement, along with the Privacy Policy, the Myhomecaregivers.com Rules of Conduct and other applicable terms, conditions and disclaimers provided in the pages of the Website constitutes the entire and final agreement and understanding between you and Myhomecaregivers.com with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force and effect.

Notice. Questions or comments regarding the Website should be directed by e-mail to the Webmaster at info@Myhomecaregivers.com

Termination. Myhomecaregivers.com may, in its sole discretion, delete or remove Caregiver Content and terminate or suspend your right to use the Website, any part of the Website, the Database or the Listing Services, at any time without notice. In the event of such termination, or suspension, you are no longer authorized to access, view or use the Website, any part of the Website, the Database or the Listing Services affected by such termination or suspension. The restrictions imposed on you by the disclaimers, indemnities and limitation of liability set forth in this Agreement, shall survive termination or suspension of this Agreement for any cause. Myhomecaregivers.com shall not be liable to you, to anyone claiming through you or to any other party for such termination or suspension.

Modification to Website. Myhomecaregivers.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, any part of the Website, the Content, the Database or any part thereof, with or without notice. You agree that Myhomecaregivers.com shall not be liable to you, to anyone claiming through you or to any third party for any modifications, suspension or discontinuance of the Website or any part thereof. Information on the price, availability, date, or location of the Listing Services or any other service offered through the Website is subject to change without notice. In the event that the Listing Services or any other service offered through the Website are listed at an incorrect price, date or location, due to a typographical error or other error, Myhomecaregivers.com, in its sole discretion, shall have the right to correct such errors and provide the Listing Services or other services at the corrected price, date or location to you without liability.

No Warranty Regarding Employment. Myhomecaregivers.com makes no representations, warranties, covenants or guarantees, express or implied, that you will secure employment through your use of the Website, the Content, the Database or the Listing Services.

No Employment Relationship. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed by the Parties that nothing in this Agreement shall be deemed to create any relationship of employment or agency between you and Myhomecaregivers.com. You understand and agree that your use of the Website, the Database, the Content or the Listing Services shall not constitute Myhomecaregivers.com as your employee with respect to any services provided by Myhomecaregivers.com in connection with this Agreement, including without limitation, your use of the Website, the Database, the Content or the Listing Services. You further understand and agree that you shall not hold yourself out as the agent, representative, or employee of Myhomecaregivers.com, nor shall you contract or incur obligations in the name of Myhomecaregivers.com or otherwise act in any way that may result in the perception that you are an employee of Myhomecaregivers.com.

Severability. In the event that any provision of this Agreement or part thereof shall be deemed void, invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, the Agreement shall continue in force with respect to the enforceable provisions and all rights accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision, shall, to the extent permitted by law, be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal or unenforceable provision.

Assignment. This Agreement and the rights, interests and obligations contained herein shall not be transferred, assigned or held in trust to the benefit of a third party by you without the prior written consent of Myhomecaregivers.com. This Agreement shall be binding upon and endure to the benefit of each Party's respective successors and assigns. Notwithstanding any assignment of this Agreement, the assigning Party shall remain bound by the provisions hereof.

No Waiver. Any failure on the part of Myhomecaregivers.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision or of any other rights or provisions contained herein.

Force Majeure. You acknowledge and agree that Myhomecaregivers.com shall not be held liable for any loss, detention, damage, default or delay performing its obligations under this Agreement caused by or resulting from an "Event of Force Majeure". For the purposes of this Agreement, "Event of Force Majeure" means any act or omission beyond the reasonable control of Myhomecaregivers.com, and includes any acts of God, nature, war (declared or undeclared), act or omission of government or any regulatory body, enactment of law, governmental regulation, riots, civil disturbance, power outage, acts of sabotage or terrorism, epidemics, fire or any other similar event; and also includes labour disputes, earthquakes or any other cause beyond the control and without the fault or negligence of Myhomecaregivers.com.

Headings. The use of headings in this Agreement is for convenience only and shall not affect its interpretation.

Good Faith. Each Party shall have a duty to act in good faith in the performance and enforcement of this Agreement.

Interpretation. Except as otherwise expressly provided in this Agreement, or as the context otherwise requires: (a) words in this Agreement that import the singular connotation shall be interpreted as plural, and words that import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require; (b) unless expressly defined herein, words having well known technical or trade meanings shall be so construed; (c) all listings of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context reasonably requires; (d) the term "Parties" refers to you and Myhomecaregivers.com and the term "Party" has a corresponding meaning; (e) the term "Person" means any individual, corporation, partnership, limited liability company, joint venture, association, joint-stock company, unincorporated organization, government or other agency or political subdivision thereof or any other entity; (f) any reference to "Dollars" or "$" means Canadian dollars; and (g) the term "Client" refers to a paying customer of Myhomecaregivers.com and the term "Clients" has a corresponding meaning.

You acknowledge that you are aware of your right to obtain independent legal advice before using the Website and entering this Agreement. You hereby acknowledge and agree that such advice has been obtained or that you do not wish to seek or obtain such independent legal advice. You acknowledge and agree that you have read this Agreement in its entirety and fully understand and agree to the terms of this Agreement and further agree that all such terms are reasonable and that you have entered this Agreement strictly voluntarily and without duress.

RULES OF CONDUCT

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

A) DISCLAIMER OF WARRANTY: THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, OTHER THAN THOSE MENTIONED. UNLESS AND UNTIL A RECRUITMENT SERVICES AGREEMENT HAS BEEN EXECUTED BETWEEN A USER AND MYHOMECAREGIVERS.COM , MYHOMECAREGIVERS.COM CANNOT IN ANY WAY BE HELD RESPONSIBLE FOR THE ACCURACY OR TRUTHFULNESS OF ANY OF THE INFORMATION PROVIDED IN ANY NANNY OT SENIOR CARE PROFILE. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, MYHOMECAREGIVERS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.

B) NO ENDORSEMENT OF USER CONTENT: YOU, THE USER ACKNOWLEDGE AND AGREE THAT MYHOMECAREGIVERS.COM DOES NOT ENDORSE THE CONTENT OF ANY USER AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, DISCRIMINATORY, HARMFUL, VULGAR, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER. YOU ACKNOWLEDGE THAT MYHOMECAREGIVERS.COM DOES NOT PRE-SCREEN ALL CONTENT, BUT THAT MYHOMECAREGIVERS.COM AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, EDIT, MOVE OR REMOVE ANY CONTENT THAT IS PUBLICALLY AVAILABLE VIA THE SERVICE.

C) LIMITATION OF LIABILITY: YOU, THE USER ACKNOWLEDGE AND AGREE THAT MYHOMECAREGIVERS.COM WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYHOMECAREGIVERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH AN MYHOMECAREGIVERS.COM SITE (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; (v) STATEMENTS OR CONDUCT OF ANYONE USING THE SITE OR ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

D) INDEMNIFICATION: YOU AGREE TO PROTECT AND FULLY COMPENSATE MYHOMECAREGIVERS.COM AND ITS SERVICE PROVIDERS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THE TERMS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE.