CareFamily Connects Care Providers and Family Employers
CareFamily is a communication platform that enables individuals seeking services ("Family Employers") to hire individuals seeking to provide services ("Care Providers") (Family Employers and Care Providers are collectively referred to herein as "Users"). CareFamily does not employ, recommend, or endorse any of the Care providers listed on the Site. The Family Employers select the Care Providers they seek to engage, and the Family Employer and the Care Provider are responsible for negotiating the final rate of pay, the work schedule, and the work responsibilities of the Care Provider. CareFamily provides the Family Employers and the Care Providers the tools to facilitate the relationship between them. CareFamily does not supervise, schedule or assign duties to any Care Provider(s). CareFamily does not hire, fire, or discipline Care Providers. These decisions are the exclusive responsibility of the Family Employer who engages them. CareFamily provides management tools that enable Family Employers and Care Providers to mutually determine whether the Care Coordinator will supervise, schedule, and assign duties to the Care Provider to facilitate care. Care Providers are the employee of the Family Employer.
CareFamily is not liable for the performance of the Care Providers. Care Providers are responsible for the quality and the delivery of their services. Family Employers are responsible for paying the Care Providers they engage. CareFamily requires the use of its automated tool designed to facilitate timely payments between Family Employers and Care Providers. Family Employers and Care Providers are responsible for complying with all applicable laws in connection with the employment relationship they establish. CareFamily provides Family Employers access to a payroll and tax processing service that handles all facets of employment related tax requirements, including withholding for Social Security, Medicare, Federal and State income and unemployment taxes. At no time does CareFamily assume any tax responsibility. CareFamily does cover each Care Provider with a $25,000 surety bond. CareFamily does not provide Workers’ Compensation insurance. Family Employers are responsible for determining whether they are obligated to provide Workers’ Compensation coverage by the state in which the services are provided. Third party options may be made available to users to Family Employers but that is an independent decision of a Family Employer.
CareFamily facilitates, through a third party, a $1million aggregate liability policy on behalf of each Care Provider ($500,000 general/$500,000 professional). CareFamily does provide voluntary training opportunities for both Family Employers and Care Providers through its online educational partners. Users hereby represent, understand, and expressly agree that CareFamily does not have any liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Family Employers. CareFamily does not provide medical advice, diagnosis or treatment advice or engage in any conduct that requires a professional license. Users hereby expressly agree to hold CareFamily (and or its agents, assigns, representatives, advertisers or employees) harmless from any liability for any instruction, advice, act, omission, or services delivered which originated through the Site and CareFamily expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Third Party representatives (Care Coordinator) may utilize the CareFamily platform to assist Family Employers in identifying certain Care Provider candidates based on care needs defined by the Care Coordinator. CareFamily may give access to potential Care Provider candidates to Family Employers or Care Coordinators based on requested skills. Family Employers are solely responsible for selecting a Care Provider and are under no obligation to select one of the Care Providers suggested by CareFamily. CareFamily is not responsible for the performance, timeliness, professionalism, or any other quality measure of the Care Provider or the advice or guidance of the Care Coordinator. Third Party representatives (Care Coordinators) do not represent or act in anyway on behalf of Carefamily. CareFamily is not liable for the performance of Third Party representatives (Care Coordinators). Third Party representatives (Care Coordinators) are responsible for the quality and the delivery of their own services.
Users of the Site contract between themselves. In no way is CareFamily involved in transactions for care services to be rendered by any User. If there are any issues concerning advice and/or service(s) received or payment due, Users must deal directly with the other User to resolve any disputes. CareFamily will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise from any disputes between Users. By using this Site, you do hereby represent, understand, and expressly agree to hold CareFamily harmless from any liability arising from any claim or controversy that may arise from any disputes between Users of the Site. CareFamily will make a good faith effort if a background check report indicates that the Care Provider does not meet the Eligibility Conditions and CareFamily reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to CareFamily. By using this Site, you do hereby agree to report any alleged improprieties of any Users to CareFamily immediately by notifying CareFamily of the same via electronic correspondence at email@example.com.
If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant, and proper to the applicable forum. Any usage of the Site by any User that CareFamily finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. CareFamily reserves the right to revoke or suspend the privilege of any user of this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Use the Site for any purpose that is in violation of local, state, national, or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer.
• Advertise or offer to sell any goods or services for any commercial purpose on the Site which are not relevant to the services offered on the Site.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
• Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
• Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
• Restrict or inhibit any other User from using and enjoying the Public Areas.
Eligibility Certification; User Obligations
ELIGIBILITY CERTIFICATION: By becoming or attempting to become a Care Provider or Care Coordinator, or by using this Site, every User certifies that the User meets and will continue to meet the following conditions (“Eligibility Conditions”) for as long as the User uses the Site or service:
• Will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
• Will not publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Will not restrict or inhibit any other User from using and enjoying the Public Areas.
Each User makes the above certification and agrees that (a) CareFamily may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Users acknowledge that CareFamily does not have actual knowledge that the Eligibility Certification is true. Also, the background checks may not include information regarding traffic violations and CareFamily does not make decisions based on traffic violations or infractions. Accordingly, if driving will be part of a Care Provider's services, the Care Coordinator may wish to ask the Care Provider to obtain and share a current copy of the provider's driving record from the relevant department of motor vehicles.
Care Providers and Family Employers agree to make their own decisions and assessments about persons they employ. Care Providers are responsible for the content of their profile on CareFamily. CareFamily does not independently verify any of the information in any Care Provider profile. CareFamily does look at background check reports on Care Providers who authorize CareFamily to obtain a background check report. CareFamily's review of the background check report is limited to the information in the report, which CareFamily does not control and may be ambiguous. Users agree that CareFamily may rely on the reports and that CareFamily does not undertake to conduct its own independent investigation or inquiry. It is up to Care Providers who are the subject of the reports to ensure their accuracy by exercising their rights under laws applicable to the credit agencies furnishing reports or to discuss with their potential employer or employee lawful details relevant to employment.
If CareFamily becomes aware (such as through a background check) that an Eligibility Condition is not met or appears not to be met, CareFamily may terminate the Care Provider without notice or refund and each Care Provider agrees to make no further use of the Site or Service after termination. CareFamily reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. CareFamily hereby disclaims, and each User agrees CareFamily shall have not have, any liability whatsoever for: (1) any inaccuracy of a Care Provider’s Eligibility Certification or any information or inaccuracy in any background check report, other consumer report, identity report or other report from a Verification Service, or (2) misstatements and/or misrepresentations made by any User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold CareFamily harmless from and against the foregoing.
Links and Account Information
CareFamily is intended for people 18 or older. We have also made an effort to specifically limit CareFamily’s appeal to people of age 18 or older. CareFamily will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. CareFamily takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, CareFamily does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Site. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.
The Site and Service is designed for Family Employers to find, select, and hire Care Providers for the purpose of receiving or providing care services through CareFamily and the services it offers. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with CareFamily without express written and contractual agreement with CareFamily. Should CareFamily find that you violate the terms of this section or any terms stated herein, CareFamily reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Please note that the Lump Sum Referral Fee does not apply when the Client is utilizing services from the Company. Client understands that the Company has made a large financial investment in sourcing, screening and referring the best possible Care Provider(s) to provide care to Client and that protecting this investment is a legitimate business interest of the Company. Client agrees to pay a lump-sum referral fee of $5,000.00, plus the cost of collection, litigation and attorney’s fees and costs charged to the Company, if Client without the consent or knowledge of the Company, directly or indirectly hires any Care Provider referred by the Company to the Client. This fee is only payable if Client hires such Care Provider:
a. during the time that services are being provided to the Client or family member of Client by the Care Provider referred by the Company, or for one year following the end of services being provided to Client or a family member of the Client by the referred Care Provider, or if services were never provided by the Care Provider to Client or and family of Client, then for one year after the Company’s referral of said Care Provider to Client;
b. for the purpose of the Care Provider providing in-home health care, assistance with the activities of daily living, companionship, or other services for which the Company referred such Care Provider to Client, or a family member of Client; and
c. for the purpose of the Care Provider providing said services at a location less than 50 miles from the address provided to CareFamily during account registration as the location were such services were to be rendered to Client.
Client acknowledges that this Referral Fee is inherently reasonable because it is limited to the places or locations where the Care Provider was referred to provide home came service to Client or family member of Client. Client understands that he or she is free to directly contract with such Care Provider, that the amount of the Company’s investment in sourcing, screening and referring and particular Care Provider is difficult to determine with precision, and that the amount above fairly estimates the damage to Company by the Client’s breach of this provision. Client further agrees that such damages are not intended to be and shall not be construed as a penalty. This paragraph shall survive the termination of this Agreement.
Commercial Use Prohibition
The Site is for the use of individual Users only and may not be used in connection with any commercial endeavors (other than the direct employment of a Care Provider by a Care Coordinator) without the express written consent of CareFamily in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and may not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from CareFamily is obtained in advance. CareFamily reserves the right to take appropriate legal action may be taken, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of CareFamily. CareFamily reserves the right to terminate your use of this Site at its sole discretion at any time.
Specific Terms and Conditions
CareFamily is only a Venue.
CareFamily makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, CareFamily does not confirm that each User is who they claim to be; however, CareFamily has established a forum for Users to provide references and to conduct some screening activities. CareFamily does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. CareFamily does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or in a background check report or other consumer report or identity report.
In the event that you have a dispute with one or more Users, you release CareFamily (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Provided by Users
Third Party Verification Service
CareFamily may make a third-party verification service available to Family Employers and Care Providers. Family Employers and Care Providers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that CareFamily is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that CareFamily may review the information provided by the third-party verification service and that CareFamily retains the right to terminate your CareFamily membership based on the information.
Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice CareFamily, Inc. notifies you that if you choose to participate in our third-party verification service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless CareFamily from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. CareFamily does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
Billing and Payment Policy
All Family Employers and Members are obligated to pay for the services of the Site, unless specifically notified otherwise. The fee structure may change from time to time. There are add-on features available to all Users for an additional fee. Pricing may be altered by any promotion selected at the time of registration. For all fees, CareFamily will charge the User's credit card or issue a bank draft according to the agreed-upon fee between User and CareFamily for use of the services of the Site. While CareFamily will use reasonable commercial efforts to ensure the privacy of all credit card, bank account, and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User hereby agrees to hold CareFamily harmless from any damages that may result therefrom. CareFamily may use a third-party service to process credit card and bank account information. For further information regarding that service, please contact CareFamily to request information about CareFamily's credit card processing company.
Users agree not to hold CareFamily, CareFamily's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release CareFamily and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by CareFamily as provided hereunder. CareFamily may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users' this notice may be included in or accompany notices of "adverse action" given when termination is based on information in a consumer report (such as a background check). Furthermore, CareFamily may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of CareFamily as posted on the Site from time to time. If CareFamily terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused fees. All decisions regarding the termination of accounts shall be made in the sole discretion of CareFamily. Except as required by law, CareFamily is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, CareFamily is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by CareFamily Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. CareFamily owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the CareFamily Site without CareFamily's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of CareFamily and/or the relevant right holder.
Notice of Trademark Rights
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software and the Site is not intended for children. Nevertheless, and pursuant to the Communications Decency Act, all Users are hereby informed by CareFamily, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found here (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Copyright Complaints and Copyright Agent
CareFamily respects the intellectual property of others, and asks Users to do the same. CareFamily is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, CareFamily asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide CareFamily's Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow CareFamily to locate the material, and explain why you think an infringement has taken place;
3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
4. Your address, telephone number, and e-mail address;
5.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CareFamily's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, CareFamily, PO Box 66884, Virginia Beach, VA 23462. CareFamily will terminate access to the Site of those who engage in repeated acts of infringement.
CareFamily grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.
Modifications to the Site
CareFamily reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that CareFamily shall not be liable to User or any third party for any modification or discontinuance of the Site.
User account, password and security
Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or CareFamily for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify CareFamily of any unauthorized use of a User’s password or account or any other breach of security.
No Joint Venture
Users are not legally affiliated with CareFamily in any way merely by virtue of their membership or usage of CareFamily's Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by this Agreement. CareFamily is not an employment service and does not serve as an employer of any User that may use this Site. CareFamily is only a venue for connecting Users. As such, CareFamily expressly disclaims any liability that may arise between Users of its Site.
Limitations on Use
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER CAREFAMILY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. CAREFAMILY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. CAREFAMILY INC. AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. CAREFAMILY CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD CAREFAMILY LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Limitation of Liability
Under no circumstances will CareFamily or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement. Furthermore, the aggregate liability of CareFamily or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Virginia Beach, Virginia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CareFamily may seek any interim or preliminary relief from a court of competent jurisdiction in Virginia Beach, VA, necessary to protect the rights of property for you or CareFamily pending the completion of arbitration.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Virginia (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Virginia Beach, VA. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between CareFamily and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by CareFamily with respect to the subject matter except as set forth herein.