Last updated August 2011
2. The Site Offers a Venue. The Site offers a venue to connect those seeking home care services and housing with those seeking to provide such services. User understands and agrees that ELS has no control over the acts or omissions of any User on or off the Site and that ELS makes no representations or warranties about the quality of the services. User understands and agrees that ELS is not responsible for the performance or conduct, whether on or off the Site, of any User. As such, ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site.
3. Transactions are Between Users; Release. Users transact between themselves. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users.
By using the Site, User understands and agrees that ELS may rely on the above certifications as true. User understands and agrees that ELS may change the eligibility conditions from time to time and require new conditions and certifications and that User will abide by same or discontinue using the Site.
User understands and agrees that ELS may not independently verify that any or all of the eligibility conditions are met by any other Users. User understands and agrees to make its own decisions and assessments about persons to engage. If ELS becomes aware of violations to the eligibility conditions by any other User, it may terminate and/or suspend such User’s use of the Site with or without notice. Each such terminated and/or suspended User agrees to make no further use of the Site after termination or during suspension. ELS reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against User for violating the eligibility conditions and/or continuing to use the Site after termination or during suspension, and User agrees that ELS may recover its reasonable attorney fees and court costs from User for such actions. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (1) any inaccuracy, untimeliness or incompleteness of a User’s eligibility conditions certification; or (2) any inaccuracy, untimeliness or incompleteness in any criminal background check, sex offender registry check, motor vehicle records check, identification verification or other information or service provided by a Verification Service (defined below), or (3) misstatements and/or misrepresentations made by any Users.
5. Third Party Verification Services. ELS may utilize third party service providers that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks and identification verifications (“background checks”). ELS does not endorse or make any representations or warranties regarding the reliability of such background checks or the accuracy, timeliness or completeness of any information provided by such service providers. ELS does not independently verify information in the background checks. User hereby grants ELS access to the information in the background checks. User understands and agrees that ELS may, in its sole discretion, review and rely on the information in the background checks in deciding whether to terminate and/or suspend a User’s use of the Site or to investigate a complaint about a User, but that ELS shall not be responsible or liable in any way in the event that any information provided in the background checks about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of background checks may contact the service provider to dispute the accuracy, timeliness or completeness of such information. ELS reserves the right to terminate and/or suspend any User’s use of the Site based on information in the background checks or for any other reason in ELS’s sole discretion.
Records not available to background check service providers are not included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. Offenses for minors may not appear in the public record and are therefore not included in the results. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
6. Use of the Site. User understands and agrees to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that ELS, in its sole discretion, finds inappropriate and/or offensive may result in termination and/or suspension with or without notice. ELS reserves the right to terminate and/or suspend with or without notice any User’s use of the Site at any time in its sole discretion, whether for any reason or no reason at all. User understands and agrees not to, and not to permit anyone else to:
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect of the Site;
Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site, except where sponsored or created by ELS;
Impersonate another person or allow any other person or entity to use your account;
Post the same content repeatedly or spam - spamming is strictly prohibited;
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site;
Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
Restrict or inhibit any other User from using and enjoying the Site.
ELS reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to ELS in its sole discretion. User may report any alleged improprieties by any User to ELS by email at support@ELS.com.
7. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify ELS of any unauthorized use of accounts or any other breach of security.
9. COPPA Compliance. The Site is intended for people 18 and older. ELS will not knowingly collect any information from children under the age of 13. User must identify their age during the registration process. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. ELS reserves the right to terminate and/or suspend the use of the Site of any User with or without notice who it believes have provided false information when registering for and/or using the Site and each User agrees to make no further use of the Site after termination and/or during suspension.
User represents and warrants that it is the owner or licensee or otherwise has the right to provide such User Information and User grants to ELS an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.
12. Fair Credit Reporting Act. If Verification Services that are governed by the Fair Credit Reporting Act, 15 USC 1681 ("FCRA") are used, User hereby represents and warrants that it will comply with the FCRA, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov. ELS provides a summary of FCRA rights for Users who authorize such Verification Services, and ELS also provides notice when ELS elects to terminate Users based on information provided by such Verification Services. User agrees to comply with any applicable provisions of the FCRA relevant to them at all times. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the use and sharing of any information provided by Verification Services.
13. Billing and Payment Policy. ELS reserves the right, at any time, to modify its fees and/or billing methods. Upon registration for either the subscription program or the pay per lead program, User agrees to pay ELS at the prices, frequency and method chosen by User, and User authorizes ELS to charge its chosen payment provider in connection therewith. Any questions or issues regarding payments or payment obligations must be submitted in writing within seven (7) calendar days of such payments being made or payment obligations coming due, otherwise such payments and/or payment obligations shall be deemed accurate and final and accepted as such by User. For further information about billing and payment policies, please contact ELS by email at firstname.lastname@example.org. ELS reserves the right to correct any payment errors even if it has already requested and/or received payment.
ELS may use third party payment processing services to process credit card information. While ELS will use commercially reasonable efforts to protect the privacy of all personal and financial information, ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to ELS’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about ELS’s use of payment processing services, please contact ELS by email at email@example.com.
14. Term, Termination and Cancellation. SUBSCRIPTION PROGRAMS AND PAY PER LEAD PROGRAMS WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE TERM ORIGINALLY SELECTED UNTIL USER REQUESTS A CANCELLATION. TO CANCEL, USER MAY CONTACT ELS BY PHONE AT 888-213-2731, BY EMAIL AT INFORMATION@ELDERLIVINGSOURCE.COM, OR BY CHANGING USER’S ACCOUNT SETTINGS. If User cancels its subscription program or pay per lead program, User will have access to the benefits until the end of the then-current term. User will not be eligible for a refund of any portion of the subscription program or pay per lead program fees paid for the then-current subscription program or pay per lead program period. ELS is not responsible for and will not reimburse any fees incurred by Users from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by ELS.
15. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site, including without limitation blogs or other social media sites, are for informational purposes only. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site, including without limitation on any blogs or social media sites.
17. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site is owned by ELS or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. ELS also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without ELS's prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to termination and/or suspension from the Site and/or civil and/or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of ELS and/or the relevant right holder.
The service marks, trademarks, logos and trade names appearing on this Site are owned by ELS or are appearing on the Site with permission of the respective owners and User acknowledge the rights of ELS and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
18. Copyright Complaints and Copyright Agent. It is ELS’s policy to terminate any User who infringes the rights of others upon receipt of notification to ELS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, ELS will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site in a way that constitutes copyright infringement, please provide ELS’s designated agent with the following information:
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site where the material the User claims is infringed is located. Include enough information to allow ELS to locate the material;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
ELS's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail firstname.lastname@example.org, with the subject line “DMCA” or by mail, General Counsel and Copyright Agent, ELS, 20 West Kinzie Street #1500, Chicago, IL 60654.
19. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by ELS, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov in the whitepaper entitled Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.
21. U.S. Export Controls. The Site is subject to United States export controls. No part of the Site may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
24. Modifications to the Site. ELS reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that ELS shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof.
27. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. ELS DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; AND, (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS. ELS DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. ELS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. ELS SHALL NOT BE LIABLE FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE.
28. Assumption of Risk. User assumes all risks when using the Site, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users.
29. Limitation of Liability. Under no circumstances will ELS be liable to User or any OTHER USER OR third party for any DIRECT, indirect, incidental, consequential, special, punitive or exemplary damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, the aggregate liability of ELS will not exceed the total amounts paid by User in the twelve (12) months prior to the event giving rise to the claim or cause of action or one thousand dollars, whichever is greater.
30. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
34. Contact. ELS may be contacted at:
By phone: (888) 213-2731
By mail: Elder Living Source, 20 West Kinzie St. #1500, Chicago, IL 60654