Terms Of Service
Effective February 25, 2020
This Terms of Service (“Terms”) is an agreement between you (the “User”, “You” or “Your”) and CareKeepr, Inc. (“CareKeepr”, “we”, “us” or “our”).
A “User”, “You” or “Your” are each person that accesses or utilizes the site or services, including but not limited to Caregivers, Care Seekers, registered and non-registered Users.
The “CareKeepr Services” or “Service” means any websites, applications, and other services under the control of CareKeepr, whether partial or otherwise, in connection with providing an online platform or digital content to enable Users to market, manage and share information in relation to Caregiving Services, search for Caregivers and communicate between Users.
A “Caregiver” and “Caregiving Services” relates to the profession or activity of a person who regularly looks after a sick, elderly, or disabled person.
A “Care Seeker” relates to a person or entity that seeks Caregiving Services for candidate employment which involves the care of a sick, elderly, or disabled person.
We reserve the right to change the Terms at any time and will notify you via notice on the CareKeepr site, through email and/or by other means.
If you use the Service in any way after a change to the Terms is effective, then this means you agree to all of the changes.
Please read the following Terms of Service carefully. These Terms govern your access and use of CareKeepr, it’s Services and Collective Content (defined below) and constitute a binding legal agreement between you and CareKeepr.
You acknowledge and agree that, by accessing or using the CareKeepr Services, or by downloading, uploading or posting any content from or on CareKeepr or through the CareKeepr Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms whether or not you have registered on CareKeepr. If you do not agree to these Terms, then please do not use CareKeepr Services.
If you do not agree to these Terms then you may not access CareKeepr Services.
CareKeepr offers an online platform service to connect Care Seekers with Caregivers and provides the tools and resources to do so.
CareKeepr enables Caregivers to create a personal Profile (defined below) to help you store and manage information provided by you and make your Profile accessible to other Users on the CareKeepr website as a means of obtaining employment. Other services provided enables you to engage with other Users and Third Party Services (defined below.)
CareKeepr cannot guarantee that employment will be obtained through use of its Service.
CareKeepr enables Care Seekers to perform a narrowed search based on their needs and preferences and message Caregivers through private messaging and Third Party services (defined below) as a means of seeking candidates to employ for Caregiving Services. CareKeepr cannot guarantee that a Caregiver will be available, communicate with you or be suitable for hire by you or that employment will be obtained through use of its Service.
Third Party Services include but are not limited to products, services, websites, advertisers, applications, information, and content which is made available to you solely for convenience such as but not limited to use of email.
You understand and agree that use of Third Party Services is at your own risk and that CareKeepr is not responsible for the privacy, business practices, charges or other policies of Third Party Services.
Ownership and Use of Content
The contents of the CareKeepr Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “CareKeepr Content” or “Content”). All CareKeepr Content and the compilation (meaning the collection, arrangement, and assembly) of all CareKeepr Content are the property of CareKeepr, Inc or its licensors and are protected under copyright, trademark, and other laws.
CareKeepr logos, products and services are or may be Trademarks and copyright and can not be used or reproduced without our prior written permission. For permission requests please contact us at firstname.lastname@example.org.
We grant you license, subject to these Terms, authorized use and access of the CareKeepr Services and content for your personal and non commercial purposes, at our discretion. We have the right to revoke this license at any time without notice and with or without cause.
By making available any Content on or through the CareKeepr Services, you agree to grant to CareKeepr a perpetual, non-exclusive, transferrable, irrevocable, royalty-free license to use such Content to access, use, copy, reformat and download only on, through or for the means of the CareKeepr Services and for the limited purpose to make Content available to you and your authorized third party users. You acknowledge that CareKeepr cannot control use of content by third party users and you are solely responsible for the same and any liability of such access.
When you register with us for access to the CareKeepr Services and successfully complete the account registration process you will become a “Member” of the CareKeepr Service.
As a Member, you will have the opportunity to create a personal profile (“Profile”) and to add information including but not limited to your company or work history, demographic data, and images to your Profile (“Collective Content”) as well as the ability to delete, distribute and edit the same. Your completed Profile will become publicly accessible and users will be able to view the Profile you create and message you through your profile.
For all Members, including Caregiver and Care Seeker Members, registration creates an account. When an account is created we collect and store demographic information including but not limited to your name, a valid email address and allow you to create a user account password. We will ask for an optional photo of your self and payment information as applicable for certain Feature benefits and/or Paid Memberships (defined below.)
In creating an account, you may NOT impersonate someone else or partake in unauthorized use of any payment methods. Doing so violates the Terms of this agreement.
You are responsible for maintaining the confidentiality of your account password. Information contained within your account is as accurate as the data supplied by the User. Therefore, we recommend you consider carefully whether to permit any other User access to your Profile and/or account information. CareKeepr, Inc does not assure the accuracy, reliability, confidentiality or security of information.
All Members are responsible for monitoring the collective content uploaded or added to their Profiles, whether uploaded by the Member or by other Users including Third Party Services. You agree to notify us immediately of any unauthorized use of your account at email@example.com. We reserve the right to close your account at any time for any or no reason without prior notice to you including any reason that we deem warrants such action, which includes your breach of any provision of this agreement. We assume no liability for closing your account for any or no reason.
Please note that you, and not CareKeepr, are responsible for maintaining and protecting your account and collective content. Although we strive to protect the privacy of your personal information, unfortunately we cannot guarantee complete security.
We do not claim ownership rights in the collective content posted on your profile via the CareKeepr Services or Third Party Services. CareKeepr will not be liable to you for any loss or corruption of your account and collective content, or for any costs or expenses associated with backing up or restoring your collective content or accounts.
IF YOUR USE OF THE SERVICES IS PROHIBITED BY APPLICABLE LAWS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the User from whom such content originated, and you access all such information and content at your own risk. CareKeepr is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services and actions you took in regards to the content. We can’t guarantee the identity of any registered or unregistered Users with whom you interact with from using the Services and are not responsible for which registered or unregistered Users gain access to the Services.
ANY USE OF OUR SERVICES FOR ANY UNLAWFUL OR INAPPROPRIATE CONDUCT OR ANY ACT OR OMISSION BY YOU CONSTITUTES AN ACTUAL OR ALLEGED VIOLATION OF THESE TERMS.
Users of our Services are NOT employees of CareKeepr.
CareKeepr does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users. CareKeepr is not responsible or liable in any manner for the performance or conduct of any Users or other Third Party Services online or offline.
You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging or employing another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE AND EXCLUSIVE RISK AND HEREBY EXPRESSLY RELEASE CAREKEEPR FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICES OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ONLINE OR OFFLINE.
We recommend that you protect your privacy and refrain from providing any private or sensitive information that will be publicly displayed within your Profile such as home address or phone number. Your Profile and other Users you engage with are your responsibility. CareKeepr has no control over, and assumes no responsibility for your Profile or any interaction with other Users or any Third Party Services. You agree that you will comply with all applicable laws and regulations related to your Profile and other Users. If you collect or possess any personal information of other Users you must comply with all applicable data protection, security and privacy laws and regulations.
The Site and CareKeepr Services are intended solely for persons who are age 16 years of age or older. Any access to or use of the CareKeepr Services by anyone under age 16 is expressly prohibited. By accessing or using the CareKeepr Services you represent and warrant that you are 16 years of age or older. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the CareKeepr Service.
Access to certain services and features of the Service require a paid membership (“Paid Membership”) which may include but not limited to a 2 week (14 day) term membership, monthly subscriptions and/or Feature benefits. Upon registration for a Paid Membership, you agree to pay CareKeepr the applicable Paid Membership charges and fees at the prices and term then in effect, and you authorize CareKeepr to charge your chosen payment method in connection therewith. We use third-party payment processors, Stripe (stripe.com) to bill you through a payment account linked to your account on our Services. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe (https://stripe.com/us/privacy). In addition to these Terms. We are not responsible for error by Stripe. By choosing to use our services, you agree to pay us, through Stripe, all charges and Fees at the prices then in effect for any use of such Services in accordance with the applicable payment terms, and you authorize us, through Stripe, to charge your chosen payment provider (for example, a credit or debit card you provide). You agree to make payment using Stripe. We reserve the right to correct any errors or mistakes that the Stripe makes even if it has already requested or received payment.
If available, when you select and purchase a recurrent monthly subscription as your Paid Membership option, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period.
We may store and continue billing your payment method (e.g. credit card) to avoid interruptions in your Services and to use to pay other Services you may buy in the future unless you cancel services.
If you cancel a monthly subscription service, you will have access to the Feature benefits until the end of the then current subscription term. Monthly subscription and/or Feature benefit will not be renewed after that term expires.
If you wish to cancel your Paid Membership and avoid future charges, cancel before the renewal date. You will not be eligible for a refund of any portion of the Paid Membership, subscription and/or Feature fees paid for the then-current Paid Membership, subscription and/or Feature benefit period.
2 Week (14 day) Memberships expire at the end of the 2 week term with no automatic renewal of service.
CareKeepr is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by CareKeepr.
If you choose to close your account you may go to your “My Account” page to delete your account. After you close your account, you will not be able to sign in to access any of your information. However, you can open a new account at any time. If you close your CareKeepr account, we have no obligation to retain your information and may delete any or all of your account information without liability. Information will be moved out of our active databases, but may still be retained in our systems. You acknowledge that if you have provided or shared information to third party users, retention of that information will be subject to those third parties policies and practices as described in these Terms.
We reserve the right, at our sole discretion, to modify, discontinue or terminate the CareKeepr Services or replace these Terms at any time. If we modify these Terms, we will post the modified Terms and alert you to the modified Terms on the Service or through email. By continuing to access or use the CareKeepr Services after we have posted a modification through the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the CareKeepr Services.
However, each time that you use the Service, you should check the date of the Terms (set forth above) and review any changes that have been made since you last utilized the Service. By continuing to utilize the Services after any such changes are posted, you will agree and consent to any such changes.
Warranties and Dispute Resolution
CAREKEEPR MAKES NO WARRANTY THAT CAREKEEPR SERVICES OR CAREKEEPR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE CAREKEEPR SERVICES IS AT YOUR SOLE RISK, AND THE CAREKEEPR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CAREKEEPR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING, ARISING OUT OF OR RELATED TO ANY CAREKEEPR CONTENT OR ACCOUNTS AND RECORDS CREATED BY YOU, OTHER USERS, YOUR USE AND RELIANCE OF THIRD PARTY SERVICES AND/OR YOUR BREACH OF THESE TERMS.
You also acknowledge and understand that if such disputes arise with CareKeepr regarding your use of the CareKeepr services or these Terms:
- You are giving up your right to have a trial by jury.
- You are giving up your right to serve as a representative, as a private attorney general, or any other representative capacity, or to participate as a member of a class of claimants in any lawsuit involving such disputes and
- You must file a claim within 1 (one) year after such claim arose or it is forever barred.
If you have any questions about these Terms, please contact CareKeepr at firstname.lastname@example.org
Or by mail at:
PO Box 18532
Atlanta, GA 31126