Welcome to www.homecare4u.com (the “Site”) operated by Euro-American Homecare, LLC (“Homecare”) and Euro-American Connections, LLC (“Connections” and collectively with Homecare referred to as “Euro-American”, “We”, “Us” or “Our”). We provide Our caregivers and Site users (collectively, “You” or “Your”) with an online job board, at www.jobs.homecare4u.com, to help You find employment and placement opportunities (the “Job Board”) at Euro-American to provide caregiving and other services for persons looking for such services (Our “Clients”).
USE OF SITE/UPDATES TO SITE
This Site as well as the Job Board are offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and are not a person barred from using the Site or using or receiving the services of the Job Board under the laws of the United States or other applicable jurisdiction. By using this Site or the Job Board, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or use the Job Board.
EURO-AMERICAN HOMECARE, LLC IS AN EMPLOYEE-BASED AGENCY
All caregivers engaged by Homecare are employees of Homecare. As the employer of a caregiver, Homecare is liable to the employee for all wages and has all employer responsibilities, including employment taxes and workers’ compensation, under state and Federal law.
EURO-AMERICAN CONNECTIONS, LLC IS A REFERRAL REGISTRY
Connections is a referral registry that connects independent caregivers and other workers with persons that need home care and other services. You will be working directly for a Client, and Connections (1) will not be your employer, (2) will not be the one paying you for your services, and (3) will have no responsibility for any governmental or regulatory filings in connection with the services provided. Depending on the relationship between you and the Client, you will either be a household employee or an independent contractor of the Client. You should consult your tax advisor regarding your tax and filing requirements and recommendations for structuring this relationship to achieve the intended results for tax and regulatory purposes. You should consult with your legal counsel regarding your legal obligations with respect to this relationship.
OWNERSHIP OF INTELLECTUAL PROPERTY
You understand and acknowledge that the trademarks, service marks, trade names, and trade dress on and copyrights to the content of this this Site, as well as the software, code, proprietary methods and systems used to provide the Site Job Board (collectively “Our Intellectual Property”) are: (a) copyrighted by Us and/or Our licensors under United States and international laws; and (b) owned by Us or Our licensors. Our Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Our prior written permission and the prior written permission of Our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Intellectual Property. Your use or misuse of any Intellectual Property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited.
RULES REGARDING INFORMATION AND OTHER CONTENT
When You access the Site or the Job Board, You may obtain access to various kinds of information and materials, all of which We call “Content.” Content includes information and materials posted to the Site and the Job Board by You, other Members and/or Us. You are entirely responsible for each individual item of Content that you submit, email or otherwise make available on the Job Board. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
• violates the privacy, publicity, or other rights of Members, us or other third parties;
• violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising; or
• is discriminatory, false, or harmful in any way
GENERAL RULES OF USER CONDUCT
It is Our goal to make access to Our Site and Job Board a good experience for you and all Members. Information provided for or to You, Us and other Members is for the sole purpose of assisting Members to find appropriate assignments. If You receive the personal information of any Client or Member through the use of the Job Board, You may use the information solely as necessary for the purposes intended. You may not use another Member’s personal information for any other purpose. You agree not to, and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or the Job Board, use of the Site or Job Board or access to the Site or Job Board for any purposes other than for which the Site and Job Board are being provided to You, or do any of the following:
• Recruit, solicit or contact any Member for employment or contracting for a business not affiliated with Euro-American;
• Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• Attempt to gain access to secured portions of the Site to which You do not possess access rights;
• Remove any copyright, trademark, or other proprietary rights notices from the materials contained in or on the Site or transfer the materials to another person or “mirror” the materials on any other computer or server;
• Restrict or inhibit any other user or Members from using and enjoying the Site or the Job Board;
• Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
• Impersonate, or otherwise misrepresent an affiliation, connection or association with, any person or entity.
Use of the Site and the Job Board is currently free of cost for its Members. Euro-American reserves the right, at any time, to modify its fees.
RESOLUTION OF DISPUTES
In the event that a Client complains about the quality of the services rendered by You, breakage, theft, or any other problem occurring in or on the premises where you are rendering service, it is solely your responsibility to resolve the matter directly with the Client and not with Us. If any such complaints are received by Us, We agree to promptly inform you in order for you to be able to resolve the matter directly with the Client. You hereby release Us, its owners, officers, directors, employees and agents from any and all liability and/or damages claimed or incurred in relation to or as a result of your provision of services pursuant to any assignment under this Agreement.
NO PROFESSIONAL ADVICE
All information, materials, content and/or advice on the Job Board is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Euro-American expressly disclaims, and You expressly release Euro-American from, any and all liability from any reliance place on such materials through the Job Board. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the Job Board is at your sole risk. The Job Board is provided by Us on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. We make no warranty that the Job Board will meet your requirements, or that the Job Board will be uninterrupted, timely, secure, or error free; nor do We make any warranty as to the results that may be obtained from the use of the Job Board, or that defects in the Job Board will be corrected.
Infringement Notification Procedure. If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counternotice is received by Euro-American, Euro-American may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at Euro-American’s sole discretion.
LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.
You agree that the materials provided by Euro-American on this Site (including any products, graphics, software, recommendations or other materials) and any materials, products are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Euro-American disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Euro-American does not warrant or make any representations regarding the use or the results of the use of the materials on this Site or the Job Board in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Site and in the Job Board could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Euro-American undertakes no obligation to verify or maintain the currency of such information.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site and the Job Board are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or Member, or by anyone who may be informed of any of its contents.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, THE JOB BOARD OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, LOST REAL ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), BREACH OF CONTRACT, WARRANTY, STATUTE OR OTHERWISE, EVEN IF FORESEEABLE.
We will not be liable for any damages arising from the transactions between you and third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to Our Job Board. In no event will We be liable to you or any third party in connection with any act or omission of any member. If you are dissatisfied with any portion of this Job Board, your sole and exclusive remedy is to discontinue use of the Job Board.
NO THIRD PARTY BENEFICIARIES
You understand and agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
You acknowledge that You are not legally affiliated with Euro-American in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by Your use of the Site or the Job Board or by this Agreement.
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS