You are responsible for:
Making all arrangements necessary for you to have access to the Products.
Rules for Participation
In any way violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
Is defamatory, abusive, obscene, profane, objectionable, offensive, libelous, sexually explicit or pornographic, threatening, harassing, or racially offensive;
Is illegal or infringes or violates another user’s rights, promotes illegal activity, including copying the copyrighted works of another user, or provides instructional information about illegal activities;
Is inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresentations of your current or previous employment and qualifications;
Is harmful or threatening to the safety of users;
Promotes racism, bigotry, hatred or physical harm against any individual or group of individuals;
Consists of “junk mail,” “chain letters,” or “spam”;
Contains any restricted, password only, or hidden pages or images;
Contains any material targeted at individuals under the age of eighteen (18), including material that exploits such individuals in a sexual or violent manner or solicits personal information from them;
Requests passwords, account information, or personally identifying information for any commercial or unlawful purposes from another user; and
Engages in commercial activities and/or sales without Company’s prior written consent, including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes.
Additionally, you agree not to:
Impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity or create an account for anyone other than a natural person;
Harass others in any way, including stalking;
Expressly state or imply that any statements you or others make are endorsed by Company unless you have the prior written consent of Company;
Use any software, application, program, device or process, including the use of any robot, spider, or other automatic device, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Products;
Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or intellectual property without obtaining the prior written consent of the owner of such property;
Use the Products in any manner that could disable, overburden, damage, or impair the Products, interfere with any other party’s use of the Products, or interfere in any way with any of the servers or networks connected to the Products;
Utilize or copy any information or content to provide any service that is competitive, in Company’s sole discretion, with Company or access the Products for any competitive purpose including monitoring availability, performance or functionality;
Introduce, share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus, Trojan horse, worm, logic bomb, or other material that is designed to disrupt, destroy or reduce the functionality of the Products;
Attack the Products via a denial-of-service attack or a distributed denial-of-service attack;
Share any non-user’s information without such non-user’s express permission;
Disguise the origin of any information transmitted via the Products;
Direct any person to the Products by using meta tags, code, or any other devices that include any reference to the Products for any reason whatsoever;
Remove, cover or otherwise obscure any form of advertisement included in the Products;
“Frame” or “mirror” any part of the Products without Company’s prior written authorization;
Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Products; or
Override or attempt to override any security component on the Products.
Company reserves its rights to:
Remove or refuse to post any user contributions for any or no reason in our sole discretion.
Investigate and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products.
Terminate or suspend your access to all or part of the Products if you violate the above provisions. The above list is not all inclusive as to activities for which an account may be suspended or terminated.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or though the Products. 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.
No Joint Venture
The Company does not serve as an employer of any user or any employers using our service and users are in no way legally affiliated with the Company other than as customers. You agree that neither you, nor the Company, intend to create an independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship and thus no such relationships are created. The Company expressly disclaims any liability arising between users of the Products.
Interactions with Other Users
The Products provide a platform for facilitating scheduling, time and attendance and the recording of duties and tasks. The Products include content provided by third parties, including materials provided by other users. All statements in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You, as a user, agree to immediately report to Company any suspected misconduct or false information provided by other users of the Products.
In the event that you become involved in a suit, claim, dispute or controversy with one or more other users of the Products, you hereby release Company 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. You expressly agree that we are not responsible or liable in any way whatsoever for any such suits, claims, disputes or controversies.
Linking to the Products and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Products may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Products.
Send e-mails or other communications with certain content, or links to certain content, on the Products.
Cause limited portions of content on the Products to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Products or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Link to any part of the Products other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Commercial Use Prohibition
Billing and Payment Policy
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. From time to time, we may restrict access to some parts of the Products, or all of the Products, to users, including registered users.
Intellectual Property Rights
Your devices may temporarily store copies of Proprietary Material in RAM incidental to your accessing and viewing such Proprietary Material.
You may store files that are automatically cached by your browser for display enhancement purposes.
You may download a single copy of our Product applications to your devices solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
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 the Products are the trademarks of their respective owners.
If you, in good faith, believe that any materials in the Products infringe your copyright, you may request removal of those materials (or access to them) from the Products by providing our Copyright Agent with the following:
A description of the copyrighted work that you believe has been infringed, why you think it has been infringed, and the exact location in the Products where such material is located;
A description of where the original or an authorized copy of the copyrighted work exists;
An electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner;
Your contact information including your full name, address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright agent or owner or the law; and
An additional statement by you, made under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the owner’s behalf.
Our Copyright Agent can be reached at:
Homecare Software Solutions LLC Attn: Copyright Agent One Court Square, 44th Floor Long Island City, NY 11101
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Content
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. 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.
Modifications to the Products
Company 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.
Limitations on Use
Notifications and Service Messages
The owner of the Products is based in the United States. We provide the Products for use only by persons located in the United States. We make no claims that the Products or any of its content is accessible or appropriate outside of the United States. Access to the Products may not be legal by certain persons or in certain countries. If you access the Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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 SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED THERETO.
YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK. 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.
Limitation of Liability
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.
Arbitration and Governing Law
Company 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.
Electronic Communications, Transactions and Signatures
Visiting the Products, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Products, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PRODUCTS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Last updated: July 19, 2022