1. Accepting the Terms
By using the information, tools, features and functionality located on CareGiverHub.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the CareGiverHub.com website) or you are a "Member" (which means that you have registered with CareGiverHub.com). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to JoyLife Therapeutics. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with JoyLife Therapeutics.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
For information about JoyLife Therapeutics' data protection practices, please read JoyLife Therapeutics' Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how JoyLife Therapeutics treats your personal information when you access CareGiverHub.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of the Service
The Service is a caregiver marketplace service in the that allows Members to find caregivers or caregiver jobs in their local area on CareGiverHub.com. Based on such interactions, the Service may also present information relating to third party products or services ("JoyLife Therapeutics Offers").
The Service as provided to you by JoyLife Therapeutics is meant as an aid to assist you in finding caregivers, finding caregiver jobs and managing this relationship. It is not intended to provide legal or medical advice.
4. JoyLife Therapeutics Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and display JoyLife Therapeutics Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular JoyLife Therapeutics Offer is sponsored.
In connection with JoyLife Therapeutics Offers, the Service will provide links to other web sites belonging to JoyLife Therapeutics advertisers and other third parties. JoyLife Therapeutics does not endorse, warrant or guarantee the products or services available through the JoyLife Therapeutics Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and JoyLife Therapeutics is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
5. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify JoyLife Therapeutics immediately at the email address - security@CareGiverHub.com.
6. Your Use of the Service
Your right to access and use CareGiverHub.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use CareGiverHub.com for lawful purposes.
Accurate records enable JoyLife Therapeutics to provide the Service to you. You must provide true, accurate, current and complete information about your caregiver experiences and/or needs, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of CareGiverHub.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of CareGiverHub.com or other actions that JoyLife Therapeutics, in its sole discretion, may elect to take.
7. Online and Mobile Alerts
JoyLife Therapeutics may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your JoyLife Therapeutics account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. JoyLife Therapeutics may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for CareGiverHub.com. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You may also be able to choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your CareGiverHub.com Login ID and some information about your accounts.
8. Rights You Grant to Us
By submitting information, resume data, experience, training certifications and other information, materials and other content to JoyLife Therapeutics through the Service, you are licensing that content to JoyLife Therapeutics solely for the purpose of providing the Service. JoyLife Therapeutics may use and store the content, but only to provide the Service to you and for the proper functioning of the marketplace. By submitting this content to JoyLife Therapeutics, you represent that you are entitled to submit it to JoyLife Therapeutics for use for this purpose, without any obligation by JoyLife Therapeutics to pay any fees or other limitations.
9. JoyLife Therapeutics' Intellectual Property Rights
The contents of CareGiverHub.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of CareGiverHub.com belong or are licensed to JoyLife Therapeutics or its software or content suppliers. JoyLife Therapeutics grants you the right to view and use CareGiverHub.com subject to these terms. You may download or print a copy of information provided on CareGiverHub.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from CareGiverHub.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
10. Access and Interference
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor CareGiverHub.com or any portion of CareGiverHub.com, without JoyLife Therapeutics' express written consent, which may be withheld in JoyLife Therapeutics' sole discretion; The sole exception to this granted to Google, Yahoo & Bing;
2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots or intelligent agents) to navigate or search CareGiverHub.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer, Firefox, Safari, Chrome);
3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of CareGiverHub.com or the Service; or
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of CareGiverHub.com or the Service.
11. Rules for Posting
As part of the Service, JoyLife Therapeutics allows Members to post content on bulletin boards, blogs and at various other publicly available locations on CareGiverHub.com. These forums may be hosted by JoyLife Therapeutics or by one of our third party service providers on JoyLife Therapeutics' behalf. You agree in posting content to follow certain rules.
1. You are responsible for all content you submit to CareGiverHub.com.
2. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with CareGiverHub.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through CareGiverHub.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of CareGiverHub.com and under this Agreement.
3. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
5. You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of CareGiverHub.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
6. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
7. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of CareGiverHub.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with JoyLife Therapeutics or CaregiverHub.com.
8. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
9. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
12. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH CAREGIVERHUB.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. JOYLIFE THERAPEUTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF CAREGIVERHUB.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
JOYLIFE THERAPEUTICS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON CAREGIVERHUB.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. JOYLIFE THERAPEUTICS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
13. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. JoyLife Therapeutics does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that JoyLife Therapeutics shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
14. Limitations on JoyLife Therapeutics' Liability
JOYLIFE THERAPEUTICS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO CAREGIVERHUB.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF JOYLIFE THERAPEUTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, JOYLIFE THERAPEUTICS' LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $0.00 (ZERO UNITED STATES DOLLARS).
15. Your Indemnification of JoyLife Therapeutics
You shall defend, indemnify and hold harmless JoyLife Therapeutics and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
16. Ending your relationship with JoyLife Therapeutics
This Agreement will continue to apply until terminated by either you or JoyLife Therapeutics as set out below. If you want to terminate your legal agreement with JoyLife Therapeutics, you may do so by closing your account for the Service.
To close your account please email us at email@example.com and put "Close Account" in the subject line - you must send this email to us from the email account associated with your CaregiverHub.com account or we will not respond.
JoyLife Therapeutics may at any time, terminate its legal agreement with you:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if JoyLife Therapeutics in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
JoyLife Therapeutics may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the CareGiverHub.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
18. Governing Law and Forum for Disputes
This Agreement, and your relationship with JoyLife Therapeutics under this Agreement, shall be governed by the laws of the State of Colorado without regard to its conflict or choice of laws provisions. Any dispute with JoyLife Therapeutics, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Colorado within the county of Boulder, Colorado, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case JoyLife Therapeutics may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, JoyLife Therapeutics is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with JoyLife Therapeutics, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if JoyLife Therapeutics does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which JoyLife Therapeutics has the benefit of under any applicable law), this will not be taken to be a formal waiver of JoyLife Therapeutics' rights and that those rights or remedies will still be available to JoyLife Therapeutics.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and JoyLife Therapeutics regarding the subject matter of the same, and supersedes all other previous agreements.