This is a binding legal agreement, governing your viewing and use of CaringKind, The Heart of Alzheimer's Caregiving. (the “CaringKind”)
professional caregiver-family link web site (the “Site”). Please read these
accessing, using, viewing, transmitting, posting, caching, storing, or otherwise
utilizing the Site or any of the content or information on the Site, you
understand, agree to and accept all terms and conditions in this Agreement at
the time it is made available to you without modification. If you object to
referenced below), do not use the Site. The CaringKind reserves the
right to modify or remove portions of this Agreement at any time without notice,
such changes effective immediately upon posting of the revised version on the
Site unless otherwise indicated, and your use of the Site after such posting or
effective date of the revised version, or your failure to terminate your account
before such posting or the effective date of the revised version, will
constitute acceptance by you of the revised Agreement. Notwithstanding the
foregoing, any such modifications to the Arbitration provision of this
Agreement, below, shall not apply to any disputes which the parties had notice
of prior to the effective date of such modification. You hereby represent and
warrant that you have the legal right, power, and authority to agree to this
Agreement and that you have formed, executed, entered into, accepted the terms
of and otherwise authenticated this Agreement. You acknowledge and agree that
this Agreement is completely valid, has legal effect, is enforceable, and is
binding on and non-refutable by you. In addition to this Agreement, by using the
Site, you hereby understand, and agree that you have reviewed and agreed to, any
which is hereby incorporated by reference into this Agreement and is located at
http://www.caringkindnyc.org/privacypolicy (the “Privacy
Use of the Site
The Site provides information regarding individuals providing professional
caregiver services who have completed the 50-hour Dementia Care Training for
Professionals, as further described below (“Professional Caregivers”), to
connect with individuals seeking such services (“Families”). Professional
Caregivers and Families, together with any other individuals accessing, using,
viewing, transmitting, posting, caching, storing, or otherwise utilizing the
Site or any of the content or information on the Site, are herein collectively
referred to as “Users”. Users of the Site contract between themselves. By
accessing or using the Site, Users certify that they are at least thirteen (13)
years of age. By entering into a transaction with another User through the
Site, Users certify that they are at least eighteen (18) years of age and have
the capacity to enter a binding contract. Users acknowledge that the
CaringKind and its officers, directors, subsidiaries, agents,
assignees, representatives, advertisers, marketing partners, licensors,
independent contractors, recruiters, corporate partners, employees, or local
chapters, hereinafter its “Affiliates”) are in no way involved in transactions
for services to be rendered by any User. If there are any issues concerning
advice and/or service(s) received from any User or payment due to any User,
Users must deal directly with the other User to resolve any such issues or
disputes. Subject to the foregoing and to the disclaimer of liability set forth
below, each User does hereby agree to report any alleged improprieties of any
Users to CaringKind immediately. If the Site contains
profiles, job postings, forums, communities and/or other message or
communication facilities (“Public Areas”) that allow a User to communicate with
any other User, Users do hereby agree to use such Public Areas only to
communicate information that is lawful, relevant, and proper to the applicable
forum. Any usage of the Site by any User that CaringKind finds
inappropriate and/or offensive in its sole discretion may result in immediate
suspension or revocation of the privilege to use the Site.
Restrictions on Use of the Site
By viewing or using the Site, Users agree, without limitation, not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory,
infringing, obscene or unlawful content.
- Use the Site for any purpose which is in violation of local, state, national, or
- Advertise or offer to sell any goods or services for any commercial
purpose on the Site, other than the legitimate services of Professional
Caregivers as contemplated by the Site.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters using
the information of Users on the Site.
- Impersonate another person or pretend to be a representative of any
entity, whether actual or fictitious, or allow any other person or entity to use
your identification for purposes of the foregoing.
- Post the same note repeatedly (referred to as ”spamming”), use the Site for junk
mail, solicitations of any sort which are not relevant to the services offered
by Professional Caregivers on the Site, or bulk communications of any kind, or
use the information of Users on the Site for any of the foregoing. Spamming is
- Restrict or inhibit any other User from using and enjoying the Public Areas.
- Take any action that imposes any unreasonable or disproportionately large load
on CaringKind’s infrastructure.
- Use any robot, spider, other automatic device, or manual process to
monitor or copy Site or the content or information contained therein without the
prior express written permission of CaringKind.
- Use any device, software, or routine, including, without limitation, any
viruses, Trojan horses, worms, bugs, bots, or malware to damage, expropriate
data, interfere with, or attempt to interfere with the proper working of the
Site or any transaction being conducted through the Site.
- Copy, reproduce, alter, modify, create derivative works, or publicly display any
content from the Site without the prior express written consent of the
CaringKind and any appropriate third parties or, with respect to
User Information (defined below) only, the applicable User.
- Create liability for CaringKind or cause CaringKind to lose, in whole or in part, the services of CaringKind ISPs or other suppliers.
- Share with, transfer to, or otherwise permit use of any password or account
username for accessing the Site (“Passwords”) by any party other than the User
to whom the Passwords were issued by CaringKind.
The CaringKind reserves the right to revoke or suspend the
privilege of any User to use or view the Site at any time and at its sole
discretion whether for any reason or no reason at all.
Proprietary Rights and Restrictions on Use of Content and Information
Excluding User Information, all content and information contained in the Site is
the property of CaringKind, its Affiliates and its licensors.
No content or information from the Site or any website owned, operated,
licensed, or controlled by CaringKind or its Affiliates may be
copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or
distributed in any way other than as required for appropriate use of the Site in
accordance with this Agreement. Use of any such content or information on any
other web, Internet, intranet, extranet, or other site or computer environment
All copyrights, trademarks, logos, service marks, trade names, trade dress, and
any other intellectual property rights in and to the content and information
contained in the Site, other than User Information, are proprietary to the
CaringKind. No license or right to or in any such proprietary
content or information is granted to or conferred upon any User. Users may not
frame or utilize framing techniques to enclose any such proprietary content or
information (including, without limitation, images, text, page layout, or form)
without the prior express written consent of CaringKind Users
may not use any meta tags or any other hidden text utilizing CaringKind proprietary content or information without CaringKind prior express written consent in each case. Unauthorized use of
the Site or the content or information contained on the Site may violate
applicable trademark, copyright, or other intellectual property laws.
The trademarks, logos, service marks, trade names, and trade dress displayed on
the Site (collectively, the “Trademarks”) are registered and common law
Trademarks of CaringKind, its Affiliates and various third
parties. Any reproduction or use of any of the Trademarks displayed on the Site
without CaringKind’s prior express written consent of the
CaringKind in each case is prohibited. Nothing contained on the
Site should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any of the Trademarks without our prior express
written consent of CaringKind in each case.
The Site, including all of the content and information on the Site except for
User Information, is the property of CaringKind and protected
by a variety of copyrights. Users are permitted to browse the Site and to
reproduce extracts from the Site for their personal, non-commercial purposes
only. The Site and the content and information provided on the Site may not be
copied, reproduced, republished, uploaded, posted, modified, transmitted,
incorporated in any other work, publication or website, or distributed in any
form or by any means, including, without limitation, electronic, mechanical,
photocopying, recording, or otherwise, in any way other than as required for
permitted use of the Site under this Agreement without the prior express written
consent of CaringKind in each case.
Modifications to the Site
The CaringKind reserves the right in its sole discretion, but has
no obligation, to review, improve, modify or discontinue, temporarily or
permanently, the Site or any content or information on the Site with or without
notice to Users. Each User has the same rights with regard to User Information
posted by such User, provided that any such changes are in compliance with this
Agreement. Users agree that CaringKind and its Affiliates shall
not be liable to User or any third party for any modification or discontinuance
of the Site or any content or information on the Site.
User account, password and security
All Users do hereby agree to be the sole, authorized user of their account, and
to be responsible for all use of their account. The CaringKind has
no control over the use of any User’s account and expressly disclaims any
liability derived therefrom. Users are responsible for maintaining the
confidentiality of Passwords, and bear the risk of all activities that occur
under such User's Password or account. Users will use Passwords only in
accordance with this Agreement. Each User agrees to immediately notify the
CaringKind of any unauthorized use of or access to a User’s
Password or account or any other breach of security. The CaringKind
may in its sole discretion revoke any access rights in connection with such
Passwords from User at any time and without cause.
Users are responsible for providing accurate, timely and complete information to
CaringKind in connection with their registration for and use of
the Site. The CaringKind is not responsible for any claims relating
to any inaccurate, untimely, or incomplete information provided by a User to the
“User Information” is defined as any information a User provides to the
CaringKind or other Users through the Site and includes, without
limitation, Professional Caregiver profiles. Users hereby represent, warrant and
covenant that they are the owner or an authorized licensee of or otherwise have
the right to provide any User Information that they post or transmit for use on
the Site, and hereby grant to CaringKind and its Affiliates a
non-exclusive, worldwide, non-revocable license to use, display, transmit,
store, reproduce, and create derivative works of such User Information. Users
acknowledge and understand that all User Information is governed by the Privacy
Policy and each User consents to all actions CaringKind and/or
its Affiliates take with respect to such User Information consistent with the
Each User understands and acknowledges that any User Information is freely
provided by such User, that each User is solely responsible for their respective
User Information, such User Information will be accessible to the public through
the Site, and CaringKind acts as a passive conduit only with
respect to Users’ online distribution and publication of User Information. Users
hereby represent, warrant and covenant to CaringKind that all
User Information is accurate, legal, reliable, appropriate and not misleading
and complies with the terms and conditions of this Agreement. Users understand
and acknowledge that CaringKind does not undertake to review
User Information before it is posted to the Site and cannot ensure prompt
removal of objectionable material after it has been posted, and accordingly
assumes no liability for any action or inaction regarding any User Information.
The CaringKind reserves the right to, but is not obligated to,
remove or refuse to post any User Information for any or no reason in its sole
discretion and take any action with respect to such User Information that it
deems necessary or appropriate in its sole discretion, to disclose a User’s
identity or other information about a User to any third party who claims that
any User Information posted by such User violates such party’s rights, or
disclose information about Users, including a User’s identity and other personal
information, to law enforcement authorities.
If any User believes that any User Information violates their copyright, please
see the copyright policy (accessible here) for instructions on sending the
CaringKind a notice of copyright infringement. It is the
CaringKind’s policy to terminate repeat infringers’ accounts.
CaringKind Dementia Care Training for Professional Caregivers
Professional Caregivers participate in CaringKind's Dementia Care Training for Professional Caregivers program (“Training Program”) which prepares direct care staff in all aspects of dementia care. Topics include understanding the disease process, enhancing communication, a positive physical approach, person centered care, self-care, and more.
A Professional Caregiver’s participation in or completion of the Training Program does not constitute a recommendation or endorsement by CaringKind of the Professional Caregiver’s ability, competence, knowledge, quality, timing, legality, or any other aspect whatsoever of the services actually delivered by the Professional Caregiver. Users are urged to conduct their own investigation and research when selecting a Professional Caregiver.
For more information about the Dementia Care Training for Professional Caregivers Program, please click here.
No Joint Venture
The CaringKind is not an employment service and does not serve as
an employer of any User that may use or access the Site. The CaringKind is only a passive venue for connecting Users. Users are not employed
by, sponsored or endorsed by, or legally affiliated with CaringKind or its Affiliates in any way merely by virtue of their membership or
usage of the Site. Users acknowledge that no agency, independent contractor,
partnership, joint venture, employer-employee or franchiser- franchisee
relationship is intended or created by this Agreement.
Assumption of Risk
Users expressly agree that their access to and use of the Site is at the User’s
sole risk, and Users hereby assume all risk of accessing and using the Site,
including but not limited to all of the risks associated with any online or
offline interactions with other Users. Each User agrees to take all necessary
precautions when interacting with others Users.
Disclaimer of Warranties
THE SITE, AND ANY RELATED INFORMATION, CONTENT, OR SERVICES, ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE CaringKind AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS AND, TO THE
MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HEREBY DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT, AND ANY OTHER WARRANTIES,
INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR THOSE ARISING FROM A
COURSE OF DEALING OR USAGE OF TRADE.
NO ORAL ADVICE, WRITTEN CORRESPONDENCE, OR INFORMATION PROVIDED BY THE
CaringKind, ITS AFFILIATES OR ANY USER WILL CREATE A WARRANTY OF
ANY KIND, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE CaringKind AND ITS AFFILIATES DO NOT WARRANT THAT THE
INFORMATION OR CONTENT (INCLUDING WITHOUT LIMITATION USER INFORMATION AND
PROFESSIONAL CAREGIVER PROFILES) CONTAINED IN THE SITE ARE ACCURATE, CURRENT,
COMPLETE, UPDATED, RELIABLE, OR USEFUL. THE CaringKind AND ITS
AFFILIATES DO NOT WARRANT THAT THE SITE OR ANY INFORMATION, CONTENT OR SERVICES
CONTAINED IN OR OFFERED THROUGH THE SITE WILL BE CONTINUOUSLY AVAILABLE,
UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CaringKind AND ITS AFFILIATES DO NOT WARRANT THAT ANY DEFECTS WILL
WHILE THE CaringKind AND ITS AFFILIATE TAKE COMMERCIALLY REASONABLE
THE CaringKind AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT
LIMITATION, USER INFORMATION AND OTHER PERSONAL INFORMATION) USERS MIGHT POST OR
TRANSMIT THROUGH THE SITE, GIVE THE CaringKind, ITS AFFILIATES,
ANOTHER USER, OR ANY THIRD PARTY, AS NO SECURITY SYSTEM OR SYSTEM OF
TRANSMITTING DATA OVER THE INTERNET CAN BE GUARANTEED TO BE ENTIRELY SECURE.
USERS HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE CaringKind AND
ITS AFFILIATES WITH RESPECT TO INFORMATION SECURITY ON THE SITE AND ANY LINKED
OR RELATED THIRD PARTY SITES.
USE OF OR VISIT TO THE SITE DOES NOT CONSTITUTE AN OFFER OF GOODS AND SERVICES
BY THE CaringKind OR ITS AFFILIATES.
Disclaimer of Liability
IN NO EVENT SHALL THE CaringKind OR ITS AFFILIATES BE LIABLE TO ANY
USER OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING OUT
OF OR RELATING TO THE ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE,
THE PERFORMANCE OR NONPERFORMANCE OF THE CaringKind, ITS
AFFILIATES, ANY USER, OR ANY THIRD PARTY PROVIDER OF CONTENT, INFORMATION,
PRODUCTS, OR SERVICES THROUGH OR RELATED TO THE SITE, ANY INSTRUCTION, ADVICE,
INACCURACIES, MISSTATEMENTS, SERVICES, ACTS AND/OR OMISSIONS MADE BY ANY USER
(INCLUDING WITHOUT LIMITATION REGARDING A PROFESSIONAL CAREGIVER’S TRAINING
COMPLETION), ANY UNAUTHORIZED HACKING OR THE INTRODUCTION OF HARMFUL CONTENT BY
ANOTHER USER OR THIRD PARTIES TO THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY
REGARDLESS OF WHETHER THE CLAIM IS IN LAW OR EQUITY OR ASSERTED BASED ON
CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. USERS HEREBY WAIVE
ANY AND ALL CLAIMS AGAINST THE CaringKind AND ITS AFFILIATES
ARISING OUT OF, OR IN ANY WAY RELATED TO, THE FOREGOING, INCLUDING WITHOUT
LIMITATION SERVICES OF PROFESSIONAL CAREGIVERS AND ANY INTERACTIONS OR DISPUTES
USERS HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT THE CaringKind AND ITS AFFILIATES DO NOT HAVE ANY LIABILITY FOR OR CONTROL OVER THE
VERACITY OF USERS OR THE QUALITY, TIMING, LEGALITY OR ANY OTHER ASPECT
WHATSOEVER OF THE USER INFORMATION OR THE SERVICES OFFERED OR DELIVERED BY ANY
USER, NOR OF THE VERACITY, INTEGRITY, RESPONSIBILITY OR ANY OF THE ACTIONS OR
REPRESENTATIONS WHATSOEVER OF ANY USER. USERS DO HEREBY EXPRESSLY AGREE TO WAIVE
ANY AND ALL RIGHTS TO BRING CLAIMS AGAINST THE CaringKind AND ITS
AFFILIATES IN CONNECTION WITH THE FOREGOING, AND THE CaringKind AND
ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGES,
SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN
OR UNKNOWN, THEREFROM.
THE LINKING OF THIRD PARTY WEBSITES TO THE SITE DOES NOT INDICATE ANY
ASSOCIATION WITH OR ENDORSEMENT BY THE CaringKind OR ITS
AFFILIATES. BY PROVIDING ANY LINKS, NEITHER THE CaringKind NOR ITS
AFFILIATES ARE ENDORSING, SPONSORING, OR RECOMMENDING SUCH SITES OR THE
MATERIALS DISSEMINATED BY OR SERVICES PROVIDED BY THEM. THE CaringKind AND ITS AFFILIATES DO NOT ASSUME RESPONSIBILITY OR LIABILITY OF ANY
NATURE WHATSOEVER FOR THE ACTIVITIES CONDUCTED OR INFORMATION CONTAINED IN THE
THIRD PARTY WEBSITES.
Users agree to indemnify, defend, and hold harmless CaringKind
and its Affiliates from and against any and all allegations, claims, demands,
liabilities, damages, fines, penalties, or costs of whatever nature (“Claims”),
including attorneys' fees and costs incurred by CaringKind and
its Affiliates, arising out of or in any way connected with (i) this Agreement,
(ii) the posting, use, display, transmission, caching, storage, or other
utilization of any User Information or other content or information on the Site,
(iii) use of the Site in violation of this Agreement or any applicable law, and
(iv) any interactions or disputes between Users or any third party arising from
or relating to the Site or any services offered or provided by any User.
Term and Termination
This Agreement will become effective immediately upon any use by any User of the
Site and shall remain effective unless terminated by CaringKind
as provided hereunder. The CaringKind may terminate this Agreement
by providing the affected User or Users with written or email notice of such
termination, which shall be effective immediately upon delivery of such notice
to such User. Furthermore, CaringKind may terminate this
Agreement immediately for any breach of this Agreement or any applicable policy
of CaringKind as posted on the Site from time to time. All
decisions regarding the termination of accounts shall be made in the sole
discretion of CaringKind. Upon termination, terminated Users
must cease use of the Site and destroy all materials obtained and copies
thereof, whether made under the terms of this Agreement or otherwise. Except as
required by law, CaringKind is not required to provide any User
with notice prior to terminating the User's account. Except as required by law,
CaringKind is not required to disclose, and may be prohibited
from disclosing, a reason for the termination of the User's account. Even after
the User's account is terminated, this Agreement will remain enforceable against
such terminated User. All terms that by their nature may survive termination of
this Agreement shall be deemed to survive such termination.
Any controversy or claim arising out of or relating to an alleged breach of this
Agreement or the operation of the Site shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association before a single arbitrator. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in New York City, New York and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Users and the
CaringKind may seek any interim or preliminary relief from a court
of competent jurisdiction in New York City, New York, necessary to protect the
property rights of such User or CaringKind, respectively,
pending the completion of arbitration.
Failure by CaringKind to enforce any provision(s) of this
Agreement shall not be construed as a waiver of any provision or right.
The CaringKind provides the Site for use only by persons located in
the United States. The CaringKind makes no claims that the Site or
any information or content therein is accessible or appropriate outside of the
United States. Users who choose to access and use the Site do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. If access to or use of the Site or viewing or
use of any information or content therein or services offered thereby violates
or infringes any applicable law in a User’s jurisdiction(s), such User is not
authorized to access or use the Site and must exit immediately.
This Agreement, and all other aspects of use of the Site and the content
thereof, shall be governed by and construed in accordance with the laws of the
State of New York, without regard to its conflict of laws rules. Any controversy
or claim at law or in equity arising out of or relating to this Agreement, the
Site or the information and content therein that is not subject to the
Arbitration provision set forth Agreement above, other than action for a
specific performance or for injunctive relief brought by CaringKind, shall be exclusively brought in the federal, state, or local courts
located in New York City, New York; and, with regard to such claims and
disputes, Users hereby irrevocably (i) consent to the exercise of personal
jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue
or inconvenient forum objections to such courts.
This Agreement, together with any applicable terms and conditions incorporated
herein or referred to herein (including, without limitation, the Privacy
Policy), constitutes the entire agreement between Users and CaringKind with respect to the subject matter hereof, and supersede any prior
understandings or agreements (whether oral or written) regarding the subject
matter. If any provision of this Agreement is found to be invalid or
unenforceable, the remaining provisions shall be enforced to the fullest extent
possible, and the remaining Agreement shall remain in full force and effect.
This Agreement inures to the benefit of CaringKind, its
successors and assigns.
This Agreement was last updated in June of 2013. If you have questions about
this Agreement please send an e-mail to