Read this Terms of Service (“Agreement”) carefully and be sure you understand it before proceeding. There are important sections that may limit your rights under applicable law and create obligations upon you if you enter into this Agreement, so review it fully. This Agreement creates a legally-binding electronic agreement between KingdomCare, LLC, a Pennsylvania limited liability company, and you. You may accept or reject the terms of this Agreement, upon the following conditions:
- IF YOU ACCEPT, OR ARE DEEMED TO HAVE ACCEPTED, THIS AGREEMENT BY YOUR CONTINUED USE AND ACCESS TO THE KINGDOMCARE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT. FURTHER YOU ACKNOWLEDGE THAT YOU HAVE READ IT COMPLETELY, UNDERSTAND IT, ACKNOWLEDGE THAT IT IS A LEGALLY BINDING AGREEMENT, AND VOLUNTARILY AGREE TO BE BOUND FULLY BY IT.
- KingdomCare provides a venue and platform for communication between individuals that are: (a) parents or guardians seeking child-sitting and/or nanny services for minors (“Parents”), and (b) individuals that wish to offer and provide such child-sitting and/or nanny services (“Providers”). For example, KingdomCare allows you (“User”), as one of those individuals, to do things such as creating a profile and login, offering child-sitting and nanny services, soliciting child-sitting and nanny services, exchanging communications with other Users about these matters, providing reviews and posts, and other related interactions. KingdomCare provides these services via its website(s), application(s), and/or other technology and services that it may choose to offer from time to time (collectively the “KingdomCare Services”).
- KingdomCare recognizes the emphasis and importance that parents and guardians might place on the moral and faith-based beliefs of a child-sitter or nanny, entrusted with the responsibility of caring for a loved one. Therefore, KingdomCare encourages and requests some information related to these personal beliefs so that Parents and Providers may make decisions that they deem in the best interest of themselves and their children. However, nothing related to the KingdomCare Services is intended to discriminate, and KingdomCare does not limit or restrict access to KingdomCare Services in any way based on religion, faith, or any other factors legally protected by applicable law.
- KingdomCare is not an employment or temporary employee agency, nor does it employ child-sitters or nannies, and it does not provide referrals or placement services. It merely provides a venue for communication between Parents and Providers, who are free to enter into employment or service arrangements for child-sitting and nanny services.
- KingdomCare is not responsible for screening, verifying, or checking of the experience, skills, employability, representations, statements, qualifications, backgrounds, profiles, locations, or identities of Providers or Parents. KingdomCare cannot and does not warrant the accuracy or completeness of information provided or posted by Users. It is User’s responsibility to conduct its own screening, verification, and/or checking of any Users with whom he/she choose to communicate, meet, or otherwise interact through or as a result of KingdomCare Services. You are assuming the risk of associating or interacting with other Users and you agree to take all reasonable precautions when doing so.
ACCESS AND UTILIZATION OF KINGDOMCARE SERVICES
- In order to access and utilize the KingdomCare Services, you will be required to register and create an account (“User Account”) with a unique login and password.
- To create a User Account, you will also be required to provide to KingdomCare certain information about yourself (“User Information”). You will be required to create a profile (“User Profile”) with information about you that will help facilitate interaction with other Users related to the child-sitting and nanny services. Because other registered Users may view it, your User Profile should not contain any personal on confidential information, nor any identifying information, telephone numbers, email addresses, home addresses, or other such personal information since it may be viewed by other Users.
- Your active User Account will allow you to communicate directly with other Users (and other Users to communicate with you) (“User Communications”) on the subjects of child-sitting and nanny services through the KingdomCare Services without revealing your private contact information unless and until you elect to do so. It will also allow you to search User Profiles and to have your User Profile searched by other Users, and will allow you and other Users to make public posts, such as threads and message boards, and post review on the same subject matter.
- You agree and consent to receive such User Communications.
- You also agree and consent to receive communications, including but not limited to emails, application notices, and text messages, from KingdomCare. These communications may be transactional or relationship communications relating to the KingdomCare Services, such as administrative notices and service announcements or changes, or communications containing commercial offers, promotions or special offers from us or third-party partners.
- As will be communicated in greater detail through the KingdomCare Services from time to time, Users may select fee-based services, such as KingdomCare subscriptions, memberships, or passes (collectively “Subscriptions”), which are detailed on the KingdomCare website and/or application, and which may be changed or terminated by KingdomCare from time to time without notice.
- If selected, you agree to pay KingdomCare for such fee-based Subscriptions, and authorize KingdomCare to charge your chosen payment method. KingdomCare reserves the right to correct errors or mistakes in such billing as needed. All such fees are nonrefundable and nontransferable, regardless of any later changes to the Subscriptions offered by KingdomCare (except to the extent arising from an error by KingdomCare, to be determined in KingdomCare’s sole discretion).
- Subscriptions will continue and auto-renew until cancelled by the User. At the end of each such Subscription period, the Subscription will automatically renew and be billed for the same Subscription period at the then-current Subscription rate, unless you cancel your Subscription prior to renewal. For any automatic renewal, you authorize KingdomCare to charge your chosen payment method the then-current applicable fee.
- If you purchase a Subscription, use KingdomCare’s Online Payment Service, or otherwise use any fee-based KingdomCare Services, you agree to KingdomCare storing your chosen payment information. You are responsible for maintaining current and accurate payment information. KingdomCare may terminate a User’s Subscription and/or User Account if the User’s payment information is expired or is otherwise invalid.
- To cancel your Subscription, you should complete the cancellation form available here, and thereafter the cancellation will be effective at the end of your then current Subscription term. If you cancel your Subscription, you will continue to have access to your services associated with your Subscription until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits if you cancel your Subscription and/or User Account. All services cease when your Subscription cancellation becomes effective and your Subscription will not renew thereafter. Upon the effective cancellation of your Subscription, you will no longer have access to such services. Cancelling your Subscription will not delete your User Account. You can delete or deactivate your User Account on your My Account page.
ONLINE PAYMENT SERVICE
To help facilitate a Parent’s payment to a Provider for Services, KingdomCare may offer an online payment service. The online payment service may be subject to availability based on geographic area, Subscription enrollment or other bases, as determined by KingdomCare from time to time hereunder. If available, Providers must accept payments through the online payment service and Parents booking with Providers may choose to make payments online to Providers. KingdomCare will take its fees for services from these online transactions, where available. Additional information is available here.
As Providers are not employees or contractors of KingdomCare, Providers will not receive any 1099s or W-2s from KingdomCare. It is the Providers’ responsibility to maintain their records for tax purposes and to report any taxable amounts accurately to taxing authorities.
You agree to comply with the terms and conditions of any online payment service provider used by KingdomCare or otherwise used for KingdomCare Services.
For individual transactions, Parents may pay Providers through a third-party online payment processor or by cash. When utilizing the payment processor, Parents will be charged a percentage set by the payment processor on their transactions. To determine the third-party processor’s percentage, you should consult the processor’s terms and conditions. Kingdomcare separately charges Providers a percentage of the transaction fee being paid by Parents to Providers when utilizing the payment processor. The percentage charged to Providers by KingdomCare is 3% of the underlying transaction.
USER CONTENT AND BEHAVIOR
- You will not post or transmit any User Account, User Profile, User Information, or User Communications using the KingdomCare Services, nor make any contact or communication to other Users, that:
- Contain inappropriate photographs or photographs of people from whom you do not have consent or permission;
- Contain another party’s intellectual property from which you do not have consent or permission;
- Reveal another party’s personal information from whom you do not have consent or permission;
- Attempt to collect or solicit information for unlawful purposes;
- Contain illegal, immoral offensive, defamatory, derogatory, obscene, profane, sexually-oriented, annoying, intimidating, threatening, harassing, or otherwise inappropriate material;
- Misrepresent or mislead;
- Transmit or communicate “junk” mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
- Contain malware such as viruses, trojan horses, bots, worms or other harmful, or disruptive codes, components or devices, or otherwise uses scripts, bots or other automated technology; or
- Provide reviews or opinions that are inaccurate, out-dates, exaggerated, speculative, offensive, or untrue.
- KingdomCare reserves the right, but shall not be required, to monitor User Account, User Profile, User Information, or User Communications, and may remove any such material that, in KingdomCare’s sole discretion, is inappropriate or otherwise in violation of this Agreement.
- KingdomCare reserves the right to investigate, suspend, limit, and/or terminate your User Account, User Profile, User Information, or User Communications, and/or ability to utilize the KingdomCare Services in general if you have misused them or behaved in a way the KingdomCare, in its sole discretion, regards as inappropriate or contrary to this Agreement, including behavior outside of the KingdomCare Services but that involves Users you meet through the KingdomCare Services. While not an all-inclusive list, with respect to your access and utilization of the KingdomCare Services, you shall not directly or indirectly engage in or allow any behavior contrary to the following rules and regulations:
- All User Account, User Profile, User Information, or User Communications that you submit or transmit by or through KingdomCare Services and/or to other Users shall be true, correct, current, and complete.
- User shall restrict access to his/her User Account solely to him/herself, and will not cause, allow, or permit any unauthorized access to his/her Account.
- No one other than a registered User may utilize the KingdomCare Services.
- User shall utilize the User Account and KingdomCare Services only and exclusively for KingdomCare’s authorized and intended purposes, i.e. Providers seeking to provide child-sitting or nanny services and Parents seeking to retain the services of Providers. Likewise, to the extent User obtains User Account, User Profile, User Information, or User Communications from or about other Users, User shall utilize such information only and exclusively for the proper and intended purpose of the KingdomCare Services.
- In the course of utilizing KingdomCare Services, User shall comply with all applicable laws, rules, and regulations. KingdomCare Services shall not be used for any illegal, immoral, offensive, harassing, or otherwise inappropriate behavior.
- User shall take no less than reasonable care to assure the security of his/her User Account, login, and password information.
- User shall not use the KingdomCare Services to circumvent KingdomCare fees or Subscriptions.
- User voluntarily provides User Account, User Profile, User Information, or User Communications upon the terms and conditions here, and hereby assumes all risks and liabilities associated with his/her decision to use of the KingdomCare Services, to provide User Account, User Profile, User Information, or User Communications, and to contact, communicate, meet, retain, or otherwise interact with other Users by or through the KingdomCare Services.
- User will report any unauthorized or improper use of the KingdomCare Services that contradict the terms and conditions set forth in this Agreement.
- User will comply in full with this Agreement. In the event of any breach or failure to comply with this Agreement, User will immediately cease any further use of the KingdomCare Services.
- User will not impersonate any other person or entity.
- User will not “stalk,” harass, intimidate, threaten, or otherwise annoy any other User or related persons.
- User will not express or imply that he/she is endorsed by KingdomCare without our specific prior written consent.
- User will not use a robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the KingdomCare Services, website(s), applications, or other services hereunder.
- User will not collect other User identities or contact information for the purpose of sending unsolicited communications.
- User will not interfere with or disrupt KingdomCare Services, nor interfere with other Users’ access or use of the KingdomCare Services.
- User will not email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- User will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the KingdomCare Services (either directly or indirectly through use of third party software).
- User will not “frame” or “mirror” any part of the KingdomCare Services without the Company’s prior written authorization.
- User will not use meta tags or code or other devices containing any reference to KingdomCare or KingdomCare Services (nor any trademark, trade name, service mark, logo or slogan of KingdomCare) to direct any person to any other website for any purpose.
- User will not post, harvest, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the KingdomCare Services other than solely in connection with your use of same in accordance with this Agreement.
- User will not attempt to violate any security features of the KingdomCare Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test vulnerability, or to breach security or authentication measures; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the KingdomCare Services to send unsolicited communications including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any communication or in any posting using the KingdomCare Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by KingdomCare in providing the KingdomCare Services.
- Users may have the option to list certain school or local group affiliations as part of their Profile biography. KingdomCare may add Users into these groups from time to time. Unless expressly stated, KingdomCare claims no affiliation with such schools or groups.
USER REPRESENTATIONS AND WARRANTIES
Each User hereby represents and warrants: (1) he/she is an individual no less than eighteen (18) years of age, or is between the ages of fourteen (14) to seventeen (17) and has his/her parent’s permission and participation in the use of the KingdomCare Services; (2) he/she has attained the legal age of majority in the state in his/her state of residence, or is between the ages of fourteen (14) to seventeen (17) and has his/her parent’s permission and participation in the use of the KingdomCare Services; (3) he/she resides in the United States and will only utilize the KingdomCare Services therein; (4) neither he/she, nor any member of his/her household, has ever been convicted of or is currently charged with any felony, criminal offense involving violence, abuse, assault, sexual assault or other similar sexual offenses, stalking, harassment, neglect, fraud or larceny, or any offense that involves endangering the safety of others; (5) neither he/she, nor any member of his/her household, has been or is currently required to register as a sex offender with any government entity; (6) use of the KingdomCare Services is not prohibited or otherwise illegal in his place of residence; (7) his/her use of the KingdomCare Services is and will be in full compliance with applicable law and this Agreement; and (8) he/she has the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and intends to be legally bound by this Agreement. Each Provider also represents and warrants that he/she has the legal right to work in the United States.
TERM AND TERMINATION
- This Agreement will remain in full force and effect for so long as you utilize or access the KingdomCare Services and for the duration of any User Subscriptions.
- KingdomCare may terminate or suspend your User Account, and your utilization or access to the KingdomCare Services, at any time without prior notice if KingdomCare, in its sole discretion, believes you have used the KingdomCare Services in an inappropriate manner or have otherwise breached this Agreement. Upon such termination or suspension, KingdomCare may remove or hide your User Profile, User Information, and/or User Communications. In such case, you will not be entitled to any refund of Subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. KingdomCare shall not be required to disclose the reason for the termination or suspension. Further, you may not re-register under the same or a new User Profile. KingdomCare may send a notice of the termination or suspension to other Users you have interacted with.
- You may terminate your account at any time by going to My Account and then Settings and then clicking on “Deactivate my account.” You may re-register at any time, but your previous information and activity, including any fee credits and any User Profile or User Communications that you may have previously created, may no longer be available.
- After your User Account or Subscription is terminated or expires for any reason, all terms of this Agreement survive such termination or expiration, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
- KingdomCare may offer, on a limited basis, certain promotions, credits, awards, trial periods, or discounts (“Promotions”) at its sole discretion. Such Promotions may be modified or terminated at any time by KingdomCare without advance notice to you. Such Promotions are non-refundable, non-transferrable, and not redeemable for cash.
- KingdomCare reserves the right to amend this Agreement in whole or in part at any time with or without advance written notice to you.
THIRD-PARTY BACKGROUND SERVICES
- KingdomCare may make available access to third-party background services that will allow Providers to provide verification of their own information, for example, name, social security number, and criminal background.
- As may be permitted by law, KingdomCare will receive and review a copy of each background check that a Provider orders via the KingdomCare Services, although KingdomCare shall not be responsible for the accuracy, completeness, or interpretation of such background check results, which will be provided via the third-party verification service. If the third-party verification service reports that a Provider has cleared its background check, at KingdomCare’s discretion, this information may be included on the Provider’s User Profile along with the date the Provider cleared that background check, which information may remain on the User Profile for a period of up to twelve (12) months from the background check date; thereafter, Provider must reinitiate, if the Provider chooses, a new background check in order to continue to include the result in the User Profile).
- KingdomCare retains the right, but shall not be required, to take action with respect to the Provider’s User Account based on information revealed in the background check report, including, but not limited to, terminating the Provider’s User Account.
- IMPORANT NOTE: THE PROVIDER’S USE OF THE THIRD-PARTY VERIFICATION SERVICE IS VOLUNTARY AND AT PROVIDER’S SOLE RISK. PARENT’S RELIANCE UPON BACKGROUND OR VERIFICATION INFORMATION OBTAINED BY OR THROUGH KINGDOM CARE SERVICES IS AT PARENT’S SOLE RISK. KINGDOMCARE DOES NOT ENDORSE, WARRANT, GUARANTY, OR OTHERWISE CONTROL, NOR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION PROVIDED BY, THE THIRD-PARTY VERIFICATION SERVICE. THESE THIRD-PARTY VERIFICATION SERVICE RESULTS MAY BE INCOMPLETE, OUTDATED, AND/OR MAY NOT PROVIDE ALL INFORMATION ABOUT A PROVIDER THAT MAY BE RELEVANT TO YOU, FOR EXAMPLE, TRAFFIC VIOLATIONS, ADDRESS VERIFICATION, AND PENDING CRIMINAL AND/OR CIVIL COMPLAINTS. PARENTS SHOULD NOT RELY EXCLUSIVELY UPON ANY BACKGROUND CHECK OR VERIFICATION OBTAINED BY OR THROUGH KINGDOMCARE SERVICES, BUT INSTEAD SHOULD ESTABLISH THEIR OWN CRITERIA AND PERFORM THEIR OWN BACKGROUND CHECKS AND/OR VERIFICATIONS AT THEIR OWN DISCRETION. KINGDOMCARE DOES NOT WARRANT THAT THE BACKGROUND CHECK CRITERIA THAT MAY BE PROVIDED STANDARDS THAT IT USES ARE ACCORDINGLY, PARENTS AND/OR PROVIDERS MUST TAKE ALL SUCH ACTIONS AS THEY DEEM APPROPRIATE TO EVALUATE A PROVIDER’S BACKGROUND.
- To the fullest extent permitted by law, KingdomCare reserves the right, but shall not be required, to obtain from a third-party verification service, a background check on a Provider, and to use that service to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with this Agreement. By agreeing to this Agreement, each Provider consents to KingdomCare obtaining a background and/or verification checks on such Provider.
- FAIR CREDIT REPORTING ACT NOTICE:Pursuant to the Fair Credit Reporting Act (the “FCRA”), KingdomCare is hereby notifying you that the third-party verification service provider may be a consumer reporting agency subject to the FCRA and the reports issued by the service provider may be consumer reports subject to the FCRA. Consumer reports may contain information about 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. If KingdomCare takes adverse action with respect to your account based on information contained in a consumer report, KingdomCare will notify you and provide you the name and contact information of the service provider that created the report. KingdomCare will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it. If you use or access information provided by a third-party verification service, you represent that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA (see, e.g., www.ftc.gov) as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service, regarding any other User, you shall do so only in accordance with applicable law and shall indemnify, defend, and hold harmless KingdomCare arising from or related to your failure to abide by said laws.
KingdomCare Services may occasionally include links to third-party websites, applications, or advertisements, or may provide functionality to interact with third-party social media sites. KingdomCare does not represent that it has any affiliation with such third-parties nor does it constitute an endorsement by KingdomCare or the third-parties. Accordingly, KingdomCare is not responsible for any content, product, advertising, services, or other materials or information presented in or provided by such third-party sites, applications, or advertisements. Your use and access of those sites, applications, or advertisements is at your own risk, and is subject to the terms and conditions established by those third-parties.
INTELLECTUAL PROPERTY; COPYRIGHT PROTECTION
- KingdomCare owns and retains, or otherwise has the legal right to utilize and retain usage of, all intellectual property and proprietary rights in its website(s), applications, technologies, services, and the KingdomCare Services in general, along with all related content, trademarks, trade names, service marks and other intellectual property rights related thereto regardless of medium. The KingdomCare websites(s), applications, technologies, services, and KingdomCare Services in general contain copyrighted material, trademarks, and other proprietary material of KingdomCare. You agree not to, directly or indirectly, copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the KingdomCare websites(s), applications, and/or through the KingdomCare Services, without first obtaining the prior written consent of KingdomCare.
- By creating a User Account, User Information, User Profile, User Communications, or other such material by or through the KingdomCare Services, you hereby grant, and you represent and warrant that you have the right to grant, to KingdomCare, including its affiliates, assigns, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- Subject to the terms and conditions herein, you are being granted a personal, nonexclusive, nontransferable license to access KingdomCare Services, for personal, noncommercial use.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted via the KingdomCare Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located (and such description must be reasonably sufficient to enable the KingdomCare to find the alleged infringing material, such as a url); (4) your address, telephone number and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement should be provided to the KingdomCare’s Copyright Agent at firstname.lastname@example.org or the following address:
1176 North Irving Street
Allentown, PA 18109
Phone: (347) 395-1571
GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
Any disputes, causes of action, or claims arising from or related to this Agreement and/or the KingdomCare Services shall be governed by and subject to the laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of law.
For all such disputes, causes of action, or claims, you agree and irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts of Northampton County, Pennsylvania. Further, you hereby waive any claim that such is an inconvenient forum or that the venue of that proceeding is improper.
CLASS ACTION WAIVER
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and not as a class action or other representative action. You and KingdomCare expressly waive your and its right to file a class action or seek relief on a class basis. YOU AND KINGDOMCARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
REVIEW THIS SECTION CAREFULLY BECAUSE IT LIMITS AND DISCLAIMS WARRANTIES OF KINGDOMCARE, AND LIMITS THE LIABILITY OF KINGDOMCARE. THESE PROVISIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- KINGDOMCARE PROVIDES THE KINGDOMCARE SERVICES, INCLUSIVE OF ITS WEBSITE(S), APPLICATIONS, OR ANY OTHER SERVICES HEREUNDER, ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE KINGDOMCARE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
- KINGDOMCARE MAKES NO GUARANTIES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO KINGDOMCARE SERVICES, THE WEBSITE(S), APPLICATIONS OR OTHER SERVICES HEREUNDER. KINGDOMCARE HAS NO RESPONSIBILITY FOR VERIFYING, CONFIRMING, OR OTHERWISE ENSURING THE ACCURACY OF USER PROFILES OR USER INFORMATION, AND DOES NOT WARRANT OR GUARANTY THE ACCURACY OF ANY BACKGROUND OR VERIFICATION REPORTS THAT MAY BE PROVIDED BY KINGDOMCARE, REGARDLESS OF WHETHER ORDERED BY USER OR KINGDOMCARE. KINGDOMCARE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. KINGDOMCARE DOES NOT WARRANT THAT USE OF THE KINGDOMCARE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, AVAILABLE, ACCURATE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. KINGDOMCARE MAKES NO WARRANTIES ABOUT CONNECTIVITY AND CONTINUED AVAILABILITY OF THE KINGDOMCARE SERVICES, WEBSITE(S), APPLICATIONS OR OTHER SERVICES PROVIDED HEREUNDER.
- YOU AGREE, FOR YOURSELF AND ON YOUR BEHALF, TO RELEASE KINGDOMCARE AND ITS AFFILIATED PARTIES, LICENSEES, ASSIGNEES, COTRACTORS, AGENTS, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, ATTORNEYS, AND REPRESENTATIVES (COLLECTIVELY THE “AFFILIATED ENTITIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE REGARDLESS OF THEORY, IN BOTH CONTRACT AND TORT, INCLUDING ATTORNEYS FEES, WHETHER KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE KINGDOMCARE WEBSITE(S), APPLICATIONS, OR SERVICES, (2) YOUR UTILIZATION OF THE KINGDOMCARE SERVICES, (3) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, AND/OR (4) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR KINGDOMCARE.
- KINGDOMCARE MAKES NO CLAIMS OR PROMISES ABOUT THE ACCURACY OR COMPLETENESS OF OPINIONS, ADVICE, STATEMENTS, REVIEWS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE ON THE KINGDOMCARE WEBSITE(S), APPLICATIONS, OR SERVICES, OR OTHERWISE THROUGH THE KINGDOMCARE SERVICES, WHETHER BY KINGDOMCARE OR BY USERS.
- IN NO EVENT WILL KINGDOMCARE OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, PUNITIVE, EXEMPLARY, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (1) INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, (2) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE KINGDOMCARE SERVICES, AND (3) REVIEWS OR COMMENTS MADE ABOUT YOU VIA THE KINGDOM CARE SERVICES BY OTHER USERS. FURTHER, YOU AGREE THAT NEITHER KINGDOMCARE NOR ITS AFFILIATED ENTITIES WILL HAVE ANY LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF PROFITS, (3) BUSINESS INTERRUPTION, (4) LOSS OF OR DAMAGE TO REPUTATION, OR (4) LOSS OF INFORMATION OR DATA.
- WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, THE MAXIMUM AGGREGATE LIABILITY OF KINGDOMCARE AND ITS AFFILIATED ENTITIES TO YOU, OR ON YOUR BEHALF, FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE KINGDOMCARE WEBSITE(S), APPLICATIONS, SERVICES, OR OTHERWISE RELATING TO THE KINGDOMCARE SERVICES, OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (1) THE AMOUNT PAID BY YOU TO KINGDOMCARE IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE ACTION GIVING RISE TO THE LIABILITY, OR (2) $100.
- YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF DISSATISFACTION WITH THE KINGDOMCARE WEBSITE(S), APPLICATIONS, OR SERVICES, OR OTHERWISE RELATED TO THE KINGDOMCARE SERVICES, OR ANY OTHER SUCH GRIEVANCE, SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You shall indemnify, defend and hold harmless KingdomCare and its Affiliated Entities (as defined above) from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by KingdomCare,its Affiliated Entities, and its licensees, assignees, contractors, agents, owners, members, managers, employees, attorneys, AND representatives in connection with any claim or threatened claim by or on behalf of a third-party (including an intellectual property claim) arising out of or related to the KingdomCare Services, including but not limited to: (1) your or another User’s use or misuse of, or inability to use, the KingdomCare Services, (2) any content you or another User submits, posts or transmits through the KingdomCare Services, (3) your or another User’s violation of this Agreement, (4) your or another User’s interactions with or conduct towards any other Users, (5) your or another User’s violation of any applicable law, rules or regulations, (6) the acts, omissions or breaches of you or anyone acting on your behalf, or (7) information contained in any background or verification report, regardless of whether ordered by a User or KingdomCare. You agree that you will cooperate as reasonably requested by KingdomCare or its Affiliated Entities in the defense of such claims. KingdomCare and its Affiliated Entities reserve the right, at their own expense, to assume the defense and control of any matter otherwise subject to indemnification by you. You shall not settle any claim or matter without the written consent of KingdomCare.
KINGDOMCARE DISCLAIMERS; RELEASE
- KINGDOMCARE SHALL HAVE NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. Nonetheless, KingdomCare reserves the right to conduct such checks and/or to verify User Account, User Information, User Profile, and/or User Communications, which may also include, without limitation, our using third-party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
- USER, FOR HIM/HERSELF AND ON HIS/HER BEHALF, RELEASES KINGDOMCARE AND KINGDOMCARE’S AFFILIATED ENTITIES FROM ANY CLAIMS OR CAUSES OF ACTIONREGARDING ANY MISTAKES, MISTATEMENTS, OR MISREPRESENTATIONS MADE BY ANY USERS, AND WAIVES THE RIGHT TO ANY SUCH CLAIMS OR CAUSES OF ACTION AGAINST KINGDOMCARE OR ITS AFFILIATED ENTITIES.
MODIFICATIONS TO SERVICE
KingdomCare reserves the right, at any time, to modify or discontinue, temporarily or permanently, the website(s), applications, services, the terms and conditions herein, or otherwise the KingdomCare Services in general, in whole or in part, with or without advance notice. If you do not agree with such revisions, you must stop using the service and close your account. Your continued use of this service is an agreement to be bound by any such revisions. You agree that KingdomCare shall not be liable to you or to any third-party for any such modification, suspension or discontinuance. Further, to protect the integrity of the KingdomCare Services, it reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the KingdomCare Services, website(s), applications, or other services hereunder.
- This Agreement contains the entire understanding between you and KingdomCare regarding the subject matter covered herein, and supersedes any prior agreement whether oral or written.
- Nothing herein, or as a result of your utilization of the KingdomCare Services, shall be construed as making either party a partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.
- KingdomCare is not an employment service or agency, and does not serve as an employer or referral source for any User.
- If any clause in this Agreement is found invalid or unenforceable, the remainder of this Agreement will not be affected and all other provisions of this lease will remain valid and enforceable. Furthermore, if any provision of this Agreement is deemed or held unenforceable, such provision will be modified by a court of competent jurisdiction to reflect the parties’ intention (i.e., blue-penciled), and all remaining provisions of this Agreement shall remain in full force and effect.
- KingdomCare may place certain limitations on your access to its services at any time and for any reason to maintain the performance, availability, and quality of KingdomCare Services. You acknowledge and agree that this supersedes any other specific offer made by KingdomCare, and that such limitations are at the sole discretion of KingdomCare.