Terms of Use

Effective date: May 1st, 2021

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the all-caregivers.com site and/or the all-caregivers.com/allcaregivers site and/or company Services (as defined below). Certain allcaregivers Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.

Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against allcaregivers to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”) no later than 30 days after the date you first use the allcaregivers Site or Services. Unless you opt out: (1) you will only be permitted to pursue claims against allcaregivers on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
These Terms include the all-caregivers.com/allcaregivers company Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
These Terms are subject to change by allcaregivers at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check http://www.all-caregivers.com/termsandservices for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean http://www.all-caregivers.com and any other websites, web pages, mobile applications and mobile websites operated by Allcaregivers, LLC. (“Allcaregivers” or “we”) in the United States, and the “Services” shall mean any of the various services that Allcaregivers provides through the Site or any other channels, including without limitation, over the telephone. The “Site” and “Services” also includes the Allcaregivers mobile applications on iOS and android, to the extent explicitly described in these Terms.

However, the terms “Site” and “Services” do not include or involve the following:

Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Allcaregivers which have separate terms of service that do not expressly incorporate these Terms by reference.
Third-party entities such as caregiver agencies, in-home care agencies, child care centers, nanny agencies, and other corporate care providers that may use the Allcaregivers Site or Services to market their services and/or recruit employees.

Description of Services; Limitations; User Responsibilities
1. 1.1 About Our Services
  Allcaregivers offers various Services to help its users find, coordinate, and maintain quality care. The Services we offer include, among others:
  - We provide a platform for individuals seeking care services (such as individual or shared senior care, special needs, child care, and corporate care providers seeking to hire individual care providers (such as child centers, in-home care agencies, and senior living facilities) (each “Care seeker” or “client”) to post jobs on the Site, and to search for, narrow, find, and communicate with individuals and entities who provide care services (“Caregivers” or “care providers”), and for Care Providers to post profiles on the Site and browse, search, and apply to jobs. We also provide functionality that allows Care Seekers to message Care providers after initiation of a job to help facilitate communication for the services.
  - We provide tools and information to help Care Seekers and Care Providers make more informed decisions, such as (i) verification dashboards on Care Provider profiles, which enable Care Seekers to check the status of a Care Provider’s various verifications, and (ii) a process for Caregivers to obtain background check reports through GoodHire, a third-party consumer reporting agency on individual Care Providers who consent to the running and sharing of those reports. A star is included on the caregiver’s profile to indicate that they have passed the background check. Allcaregivers is not responsible for any mistake during the background check process by GoodHire and Goodhire.com.
  - We offer through Braintree, a paypal service, (“Braintree”), a third party service that facilitates the payment of Care Providers by Care Seekers via credit card or debit card. These payment processing services are provided by Braintree.com and are subject to the Braintree payment services agreement. By agreeing to these Terms, Care Providers that use the payment service also agree to be bound by the Braintree payment services agreement, as the same may be modified by Braintree from time to time. As a condition of Allcaregivers enabling payment processing services through Braintree, you agree to provide Allcaregivers accurate and complete information about you, and you authorize Allcaregivers to share it and transaction information related to your use of the payment processing services provided by Braintree. Allcaregivers assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
  - Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
2. 1.2. Limitations of our Services
  We offer Services to help our users find, coordinate, and maintain care for their families. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself.
  - Except for Backup Care Providers employed by our subsidiaries, we do not employ any Care Providers and are not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider, or other user of the Site or Services. Care Seekers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
  - Care Seeker and Care Provider content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
  - We do not refer or recommend Care Seekers or Care Providers nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private or offline interactions. Any screening of a Care Seeker or Care Provider and his, her or its information by Allcaregivers is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider.
  - We are not an employment agency, and we do not secure or procure employees for any Care Seekers, nor do we secure or procure opportunities for employment for any Care Providers.
  - We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Care Providers, nor do we require Care Providers to accept or work any jobs or deliver any services at all.
  - We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
  - We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or their state license information. If we indicate that certain information has been verified, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.
3. Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears in Section 9 below for important limitations on Allcaregiver’s liability to which you are agreeing by using the Site and Services.
4. 1.3. User Responsibilities
  Although Goodhire performs background checks on all caregivers, registered Users are also responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.
Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
1. You intend to use the Site and Services solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
2. Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
3. The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico.
4. If you are registering to be a Care Provider, you must be permitted to legally work within the United States or Puerto Rico.
5. Neither you nor any member of your household may have ever been:
  - the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
    - any felony;
    - any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or
    - any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
  - registered, or currently required to register, as a sex offender with any government entity.
6. You must not be a competitor of Allcaregivers or using our Services for reasons that are in competition with Allcaregivers.
7. If you are an individual Care Seeker you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
8. If you provide child care services in the State of Kansas, you must not be a licensed day care provider or provide your services outside the child’s home.
Rules for User Conduct and Use of Services
1. 3.1. Registration, Posting, and Content Restrictions
  The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material,certifications, data, and information that you upload or transmit through the Site or Services, whether to Allcaregivers or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”):
  - Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
  - You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
  - You will register your account in your own legal name, even if you are seeking care for another individual or family member.
  - Unless otherwise permitted by Allcaregivers, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
  - You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Allcaregivers where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Allcaregivers or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
  - You understand and agree that Allcaregivers may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Allcaregivers violates these Terms or which Allcaregivers determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
  - You have the right, and hereby grant, to Allcaregivers, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Allcaregivers will not infringe or violate the rights of any third party.
  - Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
  - We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Allcaregivers and we may use all such communications, all without notice to, consent from, or compensation to you.
2. As Care Seeker and Care Provider Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Care Providers or Care Seekers on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Allcaregivers harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.
  Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Allcaregivers, are those of their respective authors. Such authors are solely responsible for such content. Allcaregivers does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Allcaregivers or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.
  You agree that Allcaregivers has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
3. 3.2. Exclusive Use
  If you are a Care Seeker, you may use your account only to find care for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian, or children of another Care Seeker with whom you are entering a shared child care arrangement. If you are a Care Provider, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
4. 3.3. Prohibited Uses
  By using the Site or Services of Allcaregivers, you agree that you will not under any circumstances:
  - use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  - use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by Allcaregivers;
  - harass, abuse or harm another person or group, or attempt to do so;
  - use another user’s Allcaregivers account;
  - provide false or inaccurate information when registering an account on Allcaregivers, using the Services or communicating with other Registered Users;
  - attempt to re-register with Allcaregivers if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
  - interfere or attempt to interfere with the proper functioning of Allcaregivers’s Services;
  - make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  - bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
  - use the communication systems provided by or contacts made on Allcaregivers for any commercial solicitation purposes other than those expressly permitted by Allcaregivers;
  - publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
5. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
  Should Allcaregivers find that you violated the terms of this Section or any terms stated herein, Allcaregivers reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Allcaregivers may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Care Provider or Care Seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights Allcaregivers may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, Allcaregivers reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Background and Verification Checks
1. 4.1 Care Providers Can undergo Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members
  Allcaregivers offers to individuals who have registered as Care Providers one or more background check services from third-party consumer reporting agencies (“Background Checks”). Background checks may be made available for purchase by Care Seekers. All background checks require payment of a separate fee by the Member who is initiating the background check request and are subject to the consent of the Care Provider on whom the check is being performed.
  Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. 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.
  Allcaregivers will receive a copy of each Background Check you order or authorize through Allcaregivers. See Section 4.4 below for information regarding Allcaregivers’s use of these Background Checks. You are responsible for making sure that the email address you provide to Allcaregivers is correct, knowing that sensitive information will be sent to it.
2. If you are a Care Provider and have authorized a background check, a star will appear on your page to show care seekers that you have passed a background check. However, they will not receive a copy of your detailed background check unless they contact Allcaregivers to request it.
  If you are a Care Provider and you have ordered a Background Check on yourself from a third-party consumer reporting agency through Allcaregivers, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific authorization. You consent to Allcaregivers sharing your background check with care seekers who have requested it.
3. 4.2. Allcaregivers May Review and Use Background Checks You Order or Authorize About Yourself
  By registering for and using the Site or Services as an individual Care Provider, and subject to your authorization, you acknowledge and agree that Allcaregivers may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and its users, which may, in the case of certain Care Providers, be considered an employment purpose pursuant to the FCRA. Allcaregivers reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.
  If Allcaregivers terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Allcaregivers does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Allcaregivers.
4. 4.3 Allcaregivers May Order and Use Background Screenings About You
  By registering for and using the Site or Services as a Care Seeker or Care Provider, you hereby acknowledge and agree that Allcaregivers has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users (“Preliminary Membership Screens”), which may, in the case of certain Care Providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Care Provider, Allcaregivers may order these screenings when you register with Allcaregivers and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
  These Preliminary Membership Screens may also be regulated by FCRA, and the background reports resulting from these services may be considered “consumer reports” under FCRA.
  You understand and agree that Allcaregivers may review the information provided by the third-party consumer reporting agency and that Allcaregivers retains the right to terminate your Allcaregivers registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Allcaregivers terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Allcaregivers does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Allcaregivers) within the time period specified in your notice. Notwithstanding this, you agree that Allcaregivers is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
  BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW Allcaregivers TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE Allcaregivers.
5. 4.4. Allcaregivers May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
  By registering as a Care Provider or Care Seeker, and, if applicable to you as a Care Provider, subject to your additional authorization, you authorize Allcaregivers, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Allcaregivers reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
  You agree that Allcaregivers may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Allcaregivers.
  You also hereby represent, understand and expressly agree that Allcaregivers does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
  BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW ALLCAREGIVERS TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE ALLCAREGIVERS.
6. 4.5 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
  SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.
  This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through Allcaregivers; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
  In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
  If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Allcaregivers from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
  You expressly acknowledge that Allcaregivers has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Allcaregivers performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Termination
Allcaregivers reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Allcaregivers Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Allcaregivers, with or without notice for any reason or no reason in its sole discretion, including without limitation if Allcaregivers should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Allcaregivers shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any individual’s use of the Site or the Services, Allcaregivers has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
Privacy
Allcaregivers uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy below. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
Links To External Sites
Links from the Site to external sites (including external sites that are framed by Allcaregivers) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by Allcaregivers of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience. Allcaregivers does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or Allcaregivers’ Privacy Policy.
Allcaregivers expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Allcaregivers harmless from any liability that may result from the use of links that may appear on the Site.
ALLCAREGIVERS FEES & PRICING
In order to utilize some Allcaregivers Services or product offerings, the user of such Services or product offerings must pay Allcaregivers a fee with each transaction. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.

8.1 Fee and ACH Authorization Agreement

This Fee and ACH Authorization Agreement (this “Agreement”) is between you and Allcaregivers LLC. This Agreement provides information on the fees Allcaregivers LLC and its Affiliates charge for use of the Site’s communication, invoicing, dispute resolution and payment services, including Payment Protection, and includes eligible Users’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”). This Agreement is part of the Terms of Service.

By clicking to accept the Terms of Service on the Site or by continuing to use the Site or the Site Services on or after the effective date noted above, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. However, we will provide advance notice of any increase in prices or fees affecting current Users. Please check the Site often for updates.

8.1.1. PARTIES

You are entering into this Agreement with Allcaregivers LLC (also referred to as “we” and “us”).

If you reside in the United States, you are entering into this Agreement with Allcaregivers LLC.

8.1.2. FEES CHARGED TO CARE PROVIDERS

Pursuant to the User Agreement, we charge Care Providers a Service Fee for each payment their Care Seeker makes to the Care Provider on a Service Contract. Depending on certain features of the Service Contract, the Service Fees will be charged as “straight” pricing, as discussed in further detail in this Section 2. Where applicable, Allcaregivers LLC may also collect taxes on Service Fees.

Additionally, the use of various Payment Methods offered through the Site and the Site Services may incur added fees or charges. All Payment Methods will be posted on the Site along with any associated fees or charges, which we may update from time to time at our sole discretion. You hereby authorize us to charge to you and to collect from you (consistent with this Agreement, the User Agreement, or elsewhere in the Terms of Service) any fees, charges, or taxes described in this Section 8.

8.2. Caregivers accepting work

If you are a Care Provider with a Service Contract entered into with a Care seeker, the Service Fee rate is 15% of the Care Provider Fees.

The Service Fee is a flat 10% unless other rates for Alternate Pricing are expressly communicated to you, including by communications through the Site.

CONTRACT TYPE	SERVICE FEE	Care Provider FEES	SERVICE FEES
Total Price of Care	15%	$500	$75
Hourly	15%	$50 per hour	$7.5 per hour

Note: Examples in this Agreement are provided for illustrative purposes only and are not binding. Because of rounding, the Service Fees charged may differ slightly.

8.3. CARE SEEKER MEMBERSHIP FEES

Allcaregivers LLC currently only offers free membership to all care seekers and care providers. Membership on All-caregivers.com is free and does not require a monthly membership fee.

Allcaregivers LLC reserves the right to change membership fees, change the features and services included in each care seeker Membership Plan, change the membership fees or fees for certain premium services or options, or institute new fees at any time, in each case upon reasonable notice posted in advance on the Site for existing Users. No refunds of fees already paid will be given. If Allcaregivers LLC exercises its right to cancel a membership, Allcaregivers LLC will not refund the membership fee already paid unless otherwise required by law. Fees for Care Seeker Membership Plans, if any, will at that time, automatically renew until they are cancelled as described on the Site and this Agreement.

8.3.1 Taxes

Where applicable, Allcaregivers LLC may also collect taxes on membership fees and the cost for premium services or features, as set forth in the User Agreement.

8.4. PAYMENT PROCESSING FEES CHARGED TO CARE SEEKER

Regardless of the type of Payment Method used and Membership Plan selected, we charge Care seekers a Payment Processing Fee (defined below) as described in this Section 8.

Allcaregivers LLC charges Care seekers a payment processing and administration fee of 3% on each payment made by the Care seeker through Allcaregivers LLC (the “Payment Processing Fee”).

8.5. AUTHORIZATION FOR ACH DEBITS AND CREDITS AND OTHER TRANSACTIONS

If and to the extent permitted by Allcaregivers LLC in its sole discretion, Users may pay Care Provider Fees, Membership Fees, fees for Care Seeker Membership Plans, Payment Processing Fees, and other fees owed under the Terms of Service from their designated bank accounts. Subject to Allcaregivers LLC’s eligibility requirements, if you elect to pay Care Provider Fees or any other amounts owed under the Terms of Service via ACH transfers from your designated bank account, you hereby authorize us to electronically debit and, if necessary, electronically credit your designated bank account via ACH for such amounts pursuant to the Terms of Service, and you agree to comply with the ACH rules issued by the National Automated Clearing House (“NACHA”) and all applicable laws, including, but not limited to, the federal Bank Secrecy Act, the U.S.A. Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC). Your authorization for ACH transfers contained in this Section 8 will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank account information from your profile or by contacting Customer Support. You understand that we require at least one (1) business day’s prior notice in order to cancel your authorization for ACH transfers contained in this Section 8.

You must notify us of any change in your designated bank account’s information at least five (5) business days before any such change by updating your bank account information in your Profile or by contacting Customer Support. If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any ACH debit or credit transfer performed pursuant to your authorization provided in this Section 8. However, we assume no responsibility for our failure to do so.

You may view a history of your Account transactions through your bank statement. You are solely responsible for promptly reconciling your transactions with care providers with the transaction records for your bank account. You must notify us of any errors or discrepancies (each, an “Error”) within 30 days of the charge. If you do not notify us of an Error within 30 days of when the charge occurred through Allcaregivers LLC you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or the NACHA rules.

Subject to the foregoing notice requirement: (a) if and to the extent an Error is caused by us, we will correct the Error and (b) if an Error is caused by you, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds returned to your bank account.

8.6. Care Seeker Charge

Care seekers will be automatically charged daily after receiving care from care seekers. The charge will occur at 12am EST for the previous 24 hours of care. At the end of every week of care provided through Allcaregivers LLC, we will send an invoice outlining charges for the past week and seeking approval from the care seeker. The care seeker has 3 days after the invoice has been sent to them, to accept or dispute the invoice and the care provider’s hours. If no action is taken within 3 days, the care provider will be automatically paid. If there is a dispute, Allcaregivers LLC will try but is not obligated to resolve the dispute. During resolution, the care provider and care seeker are responsible for responding to messages through their Allcaregivers account, their email posted on their Allcaregivers account, and/or the phone number they have on their Allcaregivers account. Resolution of disputes includes but is not limited to; Refunds to the payment method used for payment, Allcaregivers credit or any other method of resolution decided by Allcaregivers as appropriate.

8.7. Penalty for hiring care Providers outside Allcaregivers

By using Allcaregivers, Care seekers agree to pay a sum of $15,000 in damages if they should find, meet or establish a connection with any care provider on Allcaregivers but then hire them outside of the website.

8.8. Disbursement to Care Providers

Care providers will be paid on the 15th and 30th of each month. All approved time logs between the 30th of the previous month and 14th of that month will be paid out on the 15th, and all approved time logs and/or invoices approved between the 15th and the 29th of the month will be paid out on the 30th of the month. Caregivers have the opportunity to choose how they would like their payments to be disbursed. Some options include direct payment to their bank account, payment by zelle, Cashapp or Venmo. These are all third-party accounts and are not operated by Allcaregivers LLC. These third-party accounts and/or applications may come with fees which caregivers agree to the responsible for. Caregivers who accept jobs from care seekers who were found or initially contracted on Allcaregivers, will be liable to pay a $15,000 fine for violating these terms and conditions.

Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Allcaregivers (and Allcaregivers’ officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in Allcaregivers through your employer, (“Affiliates”)) harmless from any claim or controversy that may arise out of:
1. the actions or inactions of, or the relationship between, you and any Care Seeker, Care Provider or other user(s) of the Site; and
2. any information, instruction, advice or services created by any Care Seeker, Care Provider, or other third party that appeared on, or was communicated through, the Site
Allcaregivers and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
Age Restrictions
Allcaregivers is intended for people 18 or over. Allcaregivers will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
Disclaimers; Limitations; Waivers; Indemnification
1. 11.1. No Warranty
  The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Allcaregivers, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Allcaregivers DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ALLCAREGIVERS; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALLCAREGIVERS EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
  IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, ALLCAREGIVERS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.
  WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, ALLCAREGIVERS OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL ALLCAREGIVERS OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
2. 11.2. Assumption of Risk
  While Allcaregivers takes certain steps to help promote the safety of our Site and Services, finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Care Seekers or Care Providers, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps Allcaregivers may take to vet or screen Care Providers or Care Seekers and/or their Content, or otherwise to promote the safety of the Site and Services.
3. 11.3. Limitation of Liability
  Incidental Damages and Aggregate Liability. In no event will Allcaregivers be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Allcaregivers, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL ALLCAREGIVERS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID ALLCAREGIVERS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
  No Liability for non-Allcaregivers Actions. IN NO EVENT WILL ALLCAREGIVERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
  In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Allcaregivers makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
4. 11.4. Indemnification
  By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Allcaregivers and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Allcaregivers and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Care Seeker or Care Provider using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Allcaregivers and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Allcaregivers. Users further agree to hold harmless Allcaregivers and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
Copyright Notices/Complaints
It is Allcaregivers’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Allcaregivers’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Allcaregivers’s agent for copyright issues relating to this Site is as follows:
Copyright Agent
Allcaregivers, Inc.
Attn: Legal Department

1508 Lunday Dr

Cedar Park, TX 78613

contactus@all-caregivers.com

Phone: (267) 713-2395

In an effort to protect the rights of copyright owners, Allcaregivers maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.

Agreement to Arbitrate
1. 13.1 Agreement to Arbitrate
  This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Allcaregivers or a Allcaregivers Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. 13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
  YOU AND ALLCAREGIVERS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND ALLCAREGIVERS EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST ALLCAREGIVERS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ALLCAREGIVERS USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
3. 13.3 Pre-Arbitration Dispute Resolution
  Allcaregivers is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at Allcaregivers, Inc., Attn: Legal Department, 1508 Lunday Dr, Cedar Park, TX 78613
  contactus@all-caregivers.com

Phone: (267) 713-2395

13.4 Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against Allcaregivers, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Allcaregivers, Inc., Attn: Legal Department, 1508 Lunday Dr, Cedar Park, TX 78613. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Allcaregivers may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Allcaregivers subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Allcaregivers, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Allcaregivers users, but is bound by rulings in prior arbitrations involving the same Allcaregivers user to the extent required by applicable law.
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Allcaregivers will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Allcaregivers will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Allcaregivers for all fees associated with the arbitration paid by Allcaregivers on your behalf that you otherwise would be obligated to pay under the JAMS rules.
13.6 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.7 Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Allcaregivers users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. You must mail the Opt-Out Notice to Allcaregivers, LLC, Attn: Legal Department, 1508 Lunday Dr, Cedar Park, TX 78613. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Allcaregivers account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Allcaregivers will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Upon receipt of a valid Opt-Out Notice, Allcaregivers will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
13.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Allcaregivers prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Allcaregivers prior to the effective date of removal.

Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Allcaregivers must be resolved exclusively by a state or federal court located in the State of Delaware.
You and Allcaregivers agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
Consent to Electronic Communication
By using the Site or Services of Allcaregivers, you agree to allow Allcaregivers to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Allcaregivers via the Allcaregivers Site, mobile application, online messaging platform, or e-mail. You also agree to check your Allcaregivers account, alerts, and messages, and the e-mail account reflected on your Allcaregivers on a reasonably regular basis to stay apprised of important notices and information about your account.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, 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. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will incur to the benefit of the legal representatives, successors and assigns of the parties hereto.
Severability
If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
Contact Information
If you have any questions or need further information as to the Site or Services provided by Allcaregivers, or need to notify Allcaregivers as to any matters relating to the Site or Services please contact Allcaregivers at:
Copyright Agent
Allcaregivers, Inc.
Attn: Legal Department
1508 Lunday Dr Cedar Park, TX 78613

contactus@all-caregivers.com

Phone: (267) 713-2395

Share this:

Like this: