Thank you for using one of our products, which may include without limitation (i) our website, www.HHAeXchange.com; (ii) our mobile application(s); (iii) any desktop or other computer based application(s) or portal(s); or (iv) any other medium through which we offer access to our services to you (collectively, the “Products”). These terms of use (“Terms of Use”) are entered into between you and Homecare Software Solutions, LLC d/b/a HHAeXchange, including our assigns, officers, directors, agents, investors, subsidiaries, and employees (“Company,” “we,” or “us”). These Terms of Use set forth the terms and conditions which govern your use of the Products, including any content, functionality, or services offered on or through the Products. Please read these Terms of Use and the Privacy Policy before using the Products. Please note that by accessing and using the Products, or (if applicable) by clicking or confirming that you agree to the Terms of Use when this option is made available to you, you agree to be bound by these Terms of Use and our Privacy Policy, found at https://hhaexchange.com/privacy-policy/ (the “Privacy Policy”), incorporated herein by reference, whether or not you create an account with the Company. If you are using the Products on behalf of a company or other legal entity, you agree to be individually bound by these Terms of Use regardless of any agreement your company may have with us. Should you have any objections to any terms contained herein, please do not use the Products or, if applicable, please delete your account. These Terms of Use are subject to change at any time and all changes are effective when they are posted on the Products. Your continued use of the Products after changes are posted will constitute your acceptance of the revised Terms of Use.
Eligibility
You, as a user of the Products, represent and warrant that you are at least eighteen (18) years of age, that you reside in the United States, that you have never been convicted of a felony, and that you have the right, authority, and capacity to enter into this agreement and comply with all terms and conditions of these Terms of Use. We make an effort to advertise to individuals who are at least eighteen (18) years of age or older and will not knowingly collect any information from children under the age of eighteen (18). We are not responsible for any misrepresentations related to a user’s age, and we reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users. If you do not meet all of these requirements, you must not access or use the Products.
Access
You are responsible for:
To access the Products or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Products that all the information you provide on the Products is correct, current, and complete. You agree that all information you provide to register with the Products or otherwise, including, but not limited to, through use of any interactive features on the Products, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Rules for Participation
Prohibited Activities
You may use the Products only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Products in any manner, or share, provide, produce, display, publish or disseminate to others content, that:
Additionally, you agree not to:
Company reserves its rights to:
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.
Term
These Terms of Use become effective immediately upon your use of the Products and remain in full force and effect during the duration of your use of the Products including the duration your account is open, regardless of your activity thereon. You may terminate your account at any time by following the instructions regarding how to delete your account on the “My Account” page. If for some reason you are unable to terminate your account, please contact us at support@hhaexchange or send written notice of termination to Homecare Software Solutions, LLC d/b/a HHA eXchange, Attn: Termination of Account, One Court Square, 44th Floor, Long Island City, NY 11101. You may be asked to provide a reason for your termination. We may terminate your membership at any time and will notify you of such termination via the most recent email address you have provided to us. Such notification is not required to be sent prior to termination of your account. You will not be entitled to any refunds of applicable fees if we terminate your account due to your breach these Terms of Use, our Privacy Policy or any other Company policy as same may be amended from time to time. All account termination decisions are in Company’s sole discretion and we are not required to give reason for termination. After termination, these Terms of Use remain enforceable against the user and, when possible and applicable, all terms and conditions of these Terms of Use shall survive termination.
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.
Release
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.
Links
If the Products contain links to websites and other resources provided by third parties, we do not control and are not responsible for the content of such websites, nor do we endorse any such websites, and you acknowledge that any links in our Products are provided for your convenience only. It is your responsibility to evaluate the content on such websites, and you enter all third party websites at your own risk. All such websites are governed by the privacy policies and terms and conditions of those sites and not by these Terms of Use or our Privacy Policy. You hereby agree to hold the Company harmless from any liability that may result from your use of links that appear in the Products.
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:
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:
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.
Your Rights
We hereby grant you a limited, revocable license and right to access, view information on, and use the Products. You may not assign or sublicense such license or rights. Any violation of these Terms of Use, our Privacy Policy, any other policy or our general purpose and mission is strictly prohibited. Your license to the Products may be revoked if we suspect you have breached these Terms of Use or our Privacy Policy. All rights not expressly granted in these Terms of Use are expressly reserved by Company without limitation.
Commercial Use Prohibition
These Terms of Use permit you to use the Products for your personal, non-commercial use only, and any use in connection with any commercial endeavors without the express prior written consent of Company is strictly prohibited. Businesses may only use the Products as users or advertisers and not for any illegal or unauthorized purpose.
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.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Products, including, but not limited to, your user contributions, any use of the Products’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Products.
You also agree to indemnify, defend, and hold harmless the Company from and against all claims, loss, expense or demand of liability (including attorneys’ fees) and costs incurred by us in connection with any claim by a third party arising out of (a) your failure to comply with these Terms of Use in any way, (b) your submission of materials or content on the Products, or (c) any activity in which you engage on or through the Products. You further agree that you will reasonably cooperate in the defense of any such claims.
Intellectual Property Rights
Company owns and retains all right, title, and interest in and to the Products. All software, text, typefaces, graphics, layouts, content, data, formatting, designs, HL, graphs, photographs, videos, designs, sounds, images, look and feel, and other content (collectively, the “Proprietary Material”) on the Products, and the coordination, selection, arrangement and enhancement of such Proprietary Material are owned by the Company, 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. All Proprietary Material is protected in all forms and through all media and technologies now known or hereinafter developed. In addition to the termination of your account, violation of these Terms of Use may result in copyright, trademark or other intellectual property rights violations and liability, and civil or criminal penalties. Users are prohibited from reproducing, copying, downloading, modifying, creating derivative works of, redesigning, reconfiguring, transmitting, distributing, publicly displaying or performing, or storing any of the Proprietary Material without Company’s prior express written permission, except as follows:
Trademarks
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.
Copyright Infringement
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:
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.
Privacy
Please read our full Privacy Policy which is hereby fully incorporated into these Terms of Use by reference and governs, among other things, the treatment of all information you submit to us. You acknowledge that your submission of any content, material, or information in any form is completely voluntary. By using the Products, you hereby represent and agree that you have reviewed and agree to the Privacy Policy.
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
We reserve the right to place limitations on your account in order to maintain the performance and availability of the Products and to enforce these Terms of Use. Such limitations may include the number of reviews posted, the number of messages sent through the system, and the number of applications. Such limitations supersede all special offers made by us and the limitations may be enforced at our sole discretion. You agree to contact our Customer Service department with any concerns you have over the limitations on your use and you agree to abide by any determinations made by the Customer Service Representative.
Notifications of Acts Contrary to Terms of Use
Should you believe that you are entitled or required by law to act contrary to these Terms of Use, you agree to provide Company with a detailed and authenticated explanation of your reasoning in writing at least thirty (30) days before you act contrary to these Terms of Use. Such advanced notice will allow us to evaluate whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to provide such alternative remedy.
Notifications and Service Messages
In order to alert you to certain changes, such as modifications to these Terms of Use, we may place a notice at the top of these Terms of Use or a banner notice across the Products. In the alternative, we may email you, at the email address associated with your account, to alert you of certain changes. You further agree that we may communicate with you regarding your account and all Products via your account or through certain other means including email, mobile number, telephone, or via delivery services including the postal service. You agree that we have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the Products.
Geographic Restrictions
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.
Disclaimers
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.
Non-Solicitation
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
These Terms of Use and any dispute between you and the Company shall be governed by the laws of the State of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
By using the Products in any way, you agree that any claim or controversy arising out of the use of the Products or relating to an alleged breach of these Terms of Use shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator taking place in New York, NY. You agree to give up your right to go to court to assert or defend any claims between you and the Company and your right to participate in a class action or other class proceeding. Claims and controversies must be arbitrated on an individual basis and may not be consolidated with any other claims or controversies. Judgment on the arbitration award may be entered into any court or competent jurisdiction. You or the Company may seek any preliminary or interim relief from a court of competent jurisdiction in New York, NY that is necessary to protect the rights of property pending the completion of arbitration. In the event that this agreement is held to be unenforceable, any litigation against the Company may be commenced only in federal or state courts located in New York, NY and you hereby irrevocably consent to the jurisdiction of those courts for such purposes.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Customer Service
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.
General Provisions
No waiver by the Company of any term or condition set out in these Terms of Use 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 by the Company to enforce any provisions of these Terms of Use shall not be construed as a waiver of such provision or right. These Terms of Use, together with the Privacy Policy and any other related Company policy, constitute the entire agreement between you and HHAeXchange with respect to the Products. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of the Company, its successors, and assigns. Any notice or communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
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