You are responsible for:
Making all arrangements necessary for you to have access to the Products.
Company reserves its rights to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The Products are merely a platform for facilitating scheduling, time and attendance and the recording of duties and tasks. Any and all suits, claims, disputes or controversies must take place between the users and you expressly agree that we will not be held responsible or liable in any way whatsoever for any such suits, claims, disputes or controversies. You, as a user, agree to immediately report to Company any suspected misconduct or false information provided by other users of the Products.
The Products and Services are for the use of individual users only and any use in connection with any commercial endeavors without the express prior written consent of HHAeXchange is strictly prohibited. Businesses may only use the Products or Services as users or advertisers and not for any illegal or unauthorized purpose. HHAeXchange reserves the right to take any and all appropriate legal action. HHAeXchange reserves the right to terminate your use of the Products and Services in its sole discretion at any time and your use of the Products and Services is with the revocable permission of HHAeXchange.
You may create an account at no cost and you will have the ability to participate in all, of the features and services available on the Products and within the Services.
In the event that you become involved in a dispute with one or more other users, you hereby release HHAeXchange from all claims, demands, or damages of every kind, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, in any way connected with such disputes.
Users agree not to hold HHAeXchange liable for any services delivered which originated through the Products or Services or were otherwise provided by a user. Further, users release HHAeXchange from all claims, demands, and all actual or consequential damages of every kind, whether known or unknown, disclosed or undisclosed, arising out of or in any way connected with such disputes.
The Company name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Products are the trademarks of their respective owners.
If you, in good faith, believe that any materials in the Products infringe upon your copyrights, please provide our Copyright Agent with the following:
Homecare Software Solutions LLC
Attn: Copyright Agent
One Court Square, 44th Floor
Long Island City, NY 11101
You agree that the Company is not responsible for your reliance on any information or content made available through the Products, other than that provided directly by Company, and the authors of such information and content are solely responsible for such content. The Company does not guarantee the accuracy or completeness of any information on the Products or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any party that appears on the Products or Services. You agree that the Company will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Products.
HHAeXchange reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Products or any content or information thereon with or without providing notification to users. You agree that we are not liable to you or any third party for any modification or discontinuance of the Products. Additionally, you have the same rights with respect to any content that you post, share with, or introduce to the Products. However, any of the material on the Products may be out of date at any given time, and we are under no obligation to update such material.
We have no obligation to verify the identity of individual users, nor do we have any obligation to monitor the use of Products by other users. Therefore, we disclaim all liability for identity theft or other misuse of your identity or information. We are not responsible for the conduct, whether online or offline, of any user of the Products. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website. Such malfunctions further include damage or injury to your or any other person’s computer or device relating to or resulting from participation or use of our Products. You understand that we cannot and do not guarantee or warrant that the Products or any related information or files will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRODUCTS OR ANY MATERIAL CONTAINED THEREIN, OR LINKED THERETO.
THE PRODUCTS AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PRODUCTS OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PRODUCTS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS OR ANY CONTENT RELATED THERETO, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Other than connecting with users for the purpose of receiving or providing a position in the service industry, individuals and companies are prohibited from using the Products for the purpose of recruiting for another company or soliciting, advertising to, or contacting users for employment, contracting, or any other purpose for a business not affiliated with the Company without the express written consent of the Company.
HHAeXchange provides assistance to its users through its customer care representatives. Communications between you and our customer care representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our customer care representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our customer care representatives in any way.