Last Modified 12/5/16.
Please read these Terms before using the Site or the Services. By using the Site or Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you submit an application to be a MyCare Pro (as defined below), become a Customer (as defined below) or are otherwise a user of the Site and/or Services ("Users").
The "Services" shall mean any of the various services that MyCare provides through the Site or any other channels, including over the telephone, and including providing information to and about qualified men who provide care services (individually a “MyCare Pro” or collectively, "MyCare Pros"), and to and about individuals seeking child care from MyCare (each a "Customer"), ordering and providing results for background checks on MyCare Pros, and all other actions taken by MyCare to connect MyCare Pros and Customers.
MyCare offers various Services to help place MyCare Pros with interested Customers. The Services include, among others:
These Services may be done automatically (through MyCare’s “Standard Service”) or manually (through MyCare’s “Agency Service”). Please see the costs and details of the Standard and Agency Services at www.MyCare.com. The Services continue to grow and change. Please refer to the Site for further information about the Services MyCare provides.
MyCare offers a variety of Services to help Users find, coordinate, and maintain quality care from MyCare Pros. However, MyCare does not employ any MyCare Pros. Customers are the potential employers of MyCare Pros and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
Further, MyCare does not have control over the quality, timing, or legality of the services actually delivered by MyCare Pros, nor of the integrity, responsibility or actions of Customers or MyCare Pros. MyCare recommends Customers and MyCare Pros to one another based strictly on geographic location and the information available to us from Customer and MyCare Pro applications and background checks. MyCare does not guarantee or make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by MyCare Pros or the integrity, responsibility or actions of Customers or MyCare Pros whether in public, private or offline interactions.
Customer and MyCare Pro content is primarily user generated, and MyCare does not control or vet user generated content for accuracy as a general matter. MyCare does not assume any responsibility for, nor does MyCare guarantee or warrant as to, the accuracy or reliability of any information provided by MyCare Pros or Customers on or off this Site.
MyCare is not responsible for the conduct, whether online or offline, of any Customer, MyCare Pro or other user of the Site or Services. Moreover, MyCare does not assume and expressly disclaims any liability that may result from the use of information provided on the Site. All users, including Customers and MyCare Pros, hereby expressly agree not to hold MyCare (or MyCare's officers, members, employees, independent contractors, subsidiaries, other affiliates, successors, assignees, or agents, hereinafter "Affiliates") liable for the action or inaction of any Customer, MyCare Pro or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, MyCare 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 any Customer, MyCare Pro or other third party.
MyCare conducts background checks and other basic vetting of MyCare Pros. However, information obtained by MyCare about MyCare Pros should not be taken as complete, accurate, up-to-date or conclusive of the MyCare Pro's suitability as an employee or care provider. Customers are responsible for interviewing, performing any additional background and reference checks on, and verifying information provided by MyCare Pros, and ultimately selecting an appropriate MyCare Pro for themselves and their family. Similarly, the information obtained by MyCare about Customers is extremely limited and should not be taken as complete, accurate, up-to-date or conclusive; and it is the sole responsibility of each MyCare Pro to determine and verify additional information and make an informed decision about Customers for which it will provide service.
Each Customer is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the MyCare Pro they select as well as that MyCare Pro's eligibility to work in the United States.
To be eligible to use the Services, you must meet the following criteria:
By applying 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.
In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
For purposes of this Article 3, "Content", means any communications, images, sounds, videos, material, data, and information that you provide or transmit to another in connection with MyCare's Services, including without limitation all information included in your application. By providing any Content while using the Services, you agree, represent and warrant as follows:
MyCare does not: (i) guarantee the accuracy, completeness, or usefulness of any information obtained by a third party through or in connection with the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will MyCare or its Affiliates be responsible for any loss or damage resulting from your reliance on information or other content transmitted to or by any user of the Site or Services.
To the maximum extent permitted by law, MyCare disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site or Services. Users do hereby represent, understand and agree to hold MyCare harmless for any misstatements and/or misrepresentations made by or on behalf of them in any venue.
If you are a Customer, you may use MyCare only to find care for your children, grandchildren or individuals for whom you are otherwise the legal guardian. If you are a MyCare Pro, you may use MyCare only to find jobs for yourself. You are responsible for all activity on and use of the Site and the Services, and you may not assign or otherwise transfer your profile, or other use of the Site or Services to any other person or entity.
By using the MyCare Site or Services, you agree that you will not under any circumstances:
To protect Users from prohibited activity, MyCare reserves the right to take appropriate actions, including but not limited to restricting the number of profiles a Customer may view or the number of job postings a MyCare Pro may receive, or any other action as MyCare deems appropriate in its sole discretion. Should MyCare find that you violated the Terms, MyCare reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Further, in order to protect the integrity of the Site and the Services, MyCare reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MyCare, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Site for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except to store files automatically cached by your web browser for display or print a reasonable number of pages of the Site for a permitted use.
In order to utilize the MyCare Services, the user of such Services or product offerings must pay MyCare a fee in the amount set forth on the page which describes the Standard and Agency services and in accordance with the provisions below. In addition, the Customer is responsible for any state or local sales taxes associated with the Services purchased.
MyCare uses a third-party payment processor to bill you for paid services. All MyCare Pros and Standard Service Families must pay for paid services through MyCare's third-party payment processor. MyCare Pros are charged a processing fee of five percent (5%) of the paid services and Standard Service Families are charged a processing fee of five (5%) percent of the paid services. MyCare will delete the account of any MyCare Pro or Standard Service user who does not use MyCare's third-party payment processor. MyCare's policy is to suspend or delete accounts of all users whose accounts are inactive for two months after beginning a MyCare Pro/ family relationship.
You agree to make payment using that selected payment method. MyCare reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your payment method.
If MyCare, through the payment processor, does not receive payment from you, you agree to pay all amounts due to MyCare on demand. MyCare's third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to MyCare's third party payment service provider at the election of your credit card issuer. MyCare is not responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
If the amount to be charged to your payment method varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and MyCare shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges.
Your non-termination or continued use of a paid service reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.
Except as set forth below, all Fees and payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. MyCare does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account. The applicable Fee is payable to MyCare regardless of any issues that may arise between an individual MyCare Pro and Customer.
MyCare procures certain background check services for MyCare Pros from consumer reporting agencies in MyCare's discretion (collectively "Background Checks"). Customers and MyCare Pros may always obtain additional background checks on MyCare Pros or on themselves (with consent and in accordance with applicable law) in Customers sole discretion. MyCare is not responsible for and shall not maintain records of any background checks obtained by a MyCare Pro or Customer.
Background Checks are regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from the Background Checks are considered "consumer reports" under the FCRA. Consumer reports may contain information on a person's 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.
MyCare will receive a copy of each Background Check ordered or authorized through MyCare. See Section 4.3 below for information regarding MyCare's use of these Background Checks. If a Background Check does not come back clean, you will be emailed a copy of the results. You are responsible for making sure that the email addresses you provide to MyCare is correct, knowing that sensitive information will be sent to it.
If a Background Check comes back clean or with information that does not result in MyCare suspending or terminating a MyCare Pro from using the Site and Services, the Background Check report will be forwarded to any Customer who requests it in accordance with your authorization at the time you applied to MyCare. The results of any Background Check that results in MyCare suspending or terminating you from use of the Site or Services will not be shared with other Users.
If a Customer orders background check pursuant to a MyCare Pro's written authorization, the consumer reporting agency that performed the check will provide the results directly to the Customer who ordered it, regardless of its contents, based on the MyCare Pro's authorization that the Customer obtains the check.
Customers may request and receive a copy of a Background Check on a MyCare Pro via written authorization and agreement outside of these Terms, subject to the MyCare Pro's explicit instructions about who may have access to such a report.
If you receive a copy of a background report, you warrant that you will use such information only for a purpose permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws.
Your responsibilities in using the information contained in the background check can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies MyCare uses.
If there is negative data in a background check you receive, and you choose to take "adverse action" (i.e. choose to pass on that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm.These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
By using the Site or Services as a Customer or MyCare Pro, you hereby acknowledge and agree that MyCare 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 checks on you for the legitimate business purpose of protecting the safety and integrity of the Site and its Users ("Additional Background Checks"). MyCare may order these checks when you apply to MyCare and thereafter in connection with your continued use of the Services and/or interaction with the 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 Additional Background Checks are also regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the 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.
You understand and agree that MyCare may review the information provided by the third party consumer reporting agency and that MyCare retains the right to terminate your MyCare application and use of the Site and Services based on the information it receives from these checks, even if such information was subsequently dismissed. If MyCare terminates your membership or access to the Site on the basis of information in a background report, it will notify you and provide you the name and contact information of the consumer reporting agency that created the report. MyCare 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 MyCare 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 MyCare) within the time period specified in your notice.
BY AGREEING TO THESE TERMS AND USING THE SITE, YOU AGREE TO ALLOW MYCARE TO PERFORM THESE ADDITIONAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE MYCARE SITE OR SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
By applying as a Customer or MyCare Pro, you authorize MyCare, and acknowledge that for purposes of promoting the safety and integrity of its Site and Services, MyCare reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your application data is accurate and that the representations and warranties in Section 2.2 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 MyCare 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 use of the Site and Services.
You also hereby represent, understand and expressly agree that MyCare does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. MyCare does not typically communicate the results of a Verification Check to any third party, though MyCare reserves the right to do so for law enforcement or other safety-related purposes in its sole discretion.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW MYCARE TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE MYCARE. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
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 indemnify and hold harmless MyCare from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. MyCare does not assume and expressly disclaims, and you hereby agree to release MyCare from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that MyCare has no obligation to perform Additional Background Checks or Verification Checks on any Users. To the extent MyCare performs such checks on certain 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.
Should MyCare determine that you are not eligible to use the Services, have violated any terms stated herein or are not suitable for participation as a User, or have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored", competitive, or third party site, MyCare reserves the right, at its sole discretion, to immediately terminate your access to all or part of the MyCare Site, to remove your profile from the Site, and/or to terminate your application to MyCare, and your use of the Site and Services, with or without notice.
In any event, MyCare also reserves the right, in its sole discretion, to terminate your access to all or part of the MyCare Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your application to MyCare, for any reason or no reason, with or without notice. If MyCare terminates your use of the Site and Services, MyCare will have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, MyCare reserves the right to send a notice thereof to other Users with whom the individual may have corresponded.
MyCare's decision to terminate an individual's application and/or to notify other Users with whom it believes 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.
Links from the Site to external sites or inclusion on the Site of advertisements do not constitute an endorsement by MyCare 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 advertisements, but are for Users' reference and convenience only.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. MyCare does not control such sites, and is not responsible for their content. Just because MyCare has hyperlinks to such sites does not mean that MyCare endorses any of the material on such sites, or has any association with the operators of those sites.
MyCare is not an employer of MyCare Pros. Customers may seek the services of a MyCare Pro through the use of the Site or Services, and MyCare Pros may post profiles and submit proposals to Customers regarding their services. However, if a Customer agrees on the provision of services from an individual, the Customer identifies through any of those Services, such agreement is solely between the Customer and the MyCare Pro; MyCare is not a party to any such agreement. Any issues concerning the conduct of a Customer or MyCare Pro including, without limitation, the services received by the Customer or payment due to the MyCare Pro, must be resolved directly by the Customer and the MyCare Pro. MyCare will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or the Services, you do hereby represent, understand, and expressly agree to hold MyCare harmless for any claim or controversy that may arise from any disputes between you and any Customer, MyCare Pro or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Customers, MyCare Pros or other Users, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any Users therein to MyCare immediately by notifying MyCare of the same via e-mail to email@example.com.
MyCare is intended for people 18 or over. Customers and MyCare Pros should monitor children's use of the Internet and deny access to the Site to anyone under the age of 18. MyCare will not knowingly collect any information from individuals under 13. You must identify your age during the application process, and MyCare does not assume any responsibility for any misrepresentations regarding your age when using this Site. Should MyCare determine that you do not meet the age requirements for using the Site or Services, your application and use of the Site and Services will be terminated immediately.
You understand that MyCare cannot and does not guarantee or warrant that files available for downloading from the internet or the Site 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 the Site for any reconstruction of any lost data. MyCare 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 COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MYCARE NOR ANY PERSON ASSOCIATED WITH MYCARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MYCARE NOR ANYONE ASSOCIATED WITH MYCARE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MYCARE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MYCARE 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 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. You understand that opinions, advice, statements, offers, or other information or content of Users, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MyCare 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.
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with other Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site visitors or Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYCARE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, "MYCARE PARTIES") 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, 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, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE APPLIED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
UNDER NO CIRCUMSTANCES WILL MYCARE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SERVICES.
MYCARE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE. IN NO EVENT SHALL MYCARE OR ANY MYCARE PARTIES BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO ANY SUCH TREATMENT, ACTION BY OR EFFECT ON ANY PERSON.
By agreeing to these Terms, Users of the Site and Services agree to indemnify, defend and hold harmless MyCare and its Affiliates, and the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns of MyCare and its Affiliates, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees), including without limitation costs incurred by MyCare and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of or relating to (i) materials and content you submit, post, or transmit through the Site, (ii) any use of the Site's content, Services and products other than as expressly authorized in these Terms or in violation of any applicable law, or your use of any information obtained from the Site Users further agree that they will cooperate as reasonably required in the defense of such claims. MyCare 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 MyCare. Users further agree to hold harmless MyCare 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.
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of, shall be governed by the laws of the State of Tennessee without regard to principles of conflicts of law. You agree that any claim or dispute that has arisen or may arise between you and MyCare must be resolved exclusively by a state or federal court located in Hamilton County, Tennessee. You and MyCare agree to submit to the personal jurisdiction, and hereby waive any and all objections to the exercise of jurisdiction over you by, the courts located within Hamilton County, Tennessee for the purpose of litigating all such claims or disputes.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by MyCare of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MyCare to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
If you have any questions or need further information as to the Site or Services provided by MyCare, or need to notify MyCare as to any matters relating to the Site or Services please contact MyCare at:
MyCare, LLC firstname.lastname@example.org