Terms and Conditions
Effective: April 1, 2018
PLEASE TAKE NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION WHICH REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
OVERVIEW OF COMPANY’S SERVICES
Great Generations will match service seekers with one or more of our highly qualified, vetted service providers to provide the requested service at the times scheduled by seeker. If seeker wants a permanent placement, Great Generations will provide profiles of qualified service providers interested in a permanent placement. Fees and payment terms for services and placements are described on the Company Rate Sheet.
USE OF GREAT GENERATIONS SITE
Great Generations does not assume any responsibility for the accuracy or reliability of any information provided by, to or between Service Providers, Seekers, or other Users. Great Generations does not assume and expressly disclaims any liability that may result from the use of this or any information provided. Great Generations is not responsible for the conduct, whether on-line or offline or in-person of any User. Whether you are a Service Seeker, Provider, or other User, you hereby expressly agree not to hold Great Generations (or Great Generations’ officers, directors, investors, subsidiaries, agents, assignees, representatives, independent contractors, corporate partners, employees or assigns) liable for any instruction, advice or services delivered which originated through the Site and expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise therefrom, whether known or unknown.
You understand and agree that Company does not control the acts or omissions of any User, whether on or off the Site and that Company makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Company is not responsible or liable for the performance or conduct, whether on or off the Site or the Services, of any User. Company expressly disclaims, and every User expressly releases Company from, 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, or any Services provided or performed by you or any other Users or third parties, including without limitation any acts and/or omissions of you or other Users on or off the Site or Service.
By using this Site or any Services, you hereby agree to report any alleged improprieties of any Users therein to Great Generations immediately by notifying Great Generations of the same via electronic correspondence. Great Generations expressly disclaims, and you and each other User expressly releases Great Generations from, any and all liability for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users or arising from the conduct of you or other Users on or off the Site or Services.
Each User represents and warrants that he or she meets and will continue to meet the following eligibility conditions for as long as you use the Site or Services:
You are at least 18 years of age or older. If you are not at least 18 years old, you may not register to use the Site or the Services or seek to provide services;
Service Providers must comply and continue to comply with all laws and regulations, including without limitation being legally authorized to work, in the jurisdiction in which you seek to provide services;
Neither you, the client, nor anyone at the location where Services are provided.
Is currently the subject of a restraining order
Has been convicted of a crime, including any felony or misdemeanor involving violence, abuse, neglect, fraud, larceny, sexual, child abuse or domestic violence offenses or any offense that involves endangering the safety of others;
Has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and
Is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges involving violence, abuse, neglect, fraud, larceny, sexual, child abuse or domestic violence offenses or any offense that involves endangering the safety of others.
By using the Site or any Services, you agree that Great Generations may rely on the above representations and warranties as true and correct. Great Generations may revise or change the Eligibility Conditions and any revisions will become effective upon positing on the Site. You agree to abide by any revised Eligibility Conditions or discontinue using the Site or Services or providing any Services.
If Great Generations becomes aware of violations to the Eligibility Conditions by you or any other User, it may, but is not obligated to, suspend and/or terminate your use of services or ability to provide service with or without notice. If suspended and/or terminated, User agrees to make no further use of the Site or Services. Great Generations reserves the right to keep the suspensions or terminations permanent or for a predetermined period of time depending on the violation. Great Generations expressly disclaims, and you and each User expressly releases Great Generations from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to inaccuracy or incompleteness of a User’s Eligibility Conditions; inaccuracy or incompleteness of information in any of the background checks; and/or misstatements and/or misrepresentations made by any Users.
You understand and agree that Great Generations does not independently verify that any or all of the Eligibility Conditions are met by any Users, except to do background checks for Service Providers, where so indicated.
AGE RESTRICTIONS/COPPA COMPLIANCE
The Site and Services are intended for people 18 and older. Great Generations does not and will not knowingly collect any information from children under the age of 13. Users are required to provide their age prior to registration or use of any services. Great Generations expressly disclaims, and you each User expressly releases Great Generations from, 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 or inaccuracies regarding the age of any User.
Your account is for your personal use and you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Employment agencies are expressly prohibited to use the site, unless a prior approval by Great Generations is provided in writing. If you are seeking services, you may use your account only to find care providers for yourself, family members or for those individuals for whom you have the legal authority to make decisions. If you are a service provider, you may only use your account only to locate care opportunities for yourself.
NO PROFESSIONAL ADVICE – INFORMATION ONLY
Information, materials, and/or content on the Site or provided in any other format are intended for informational purposes only. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with a qualified professional. Great Generations expressly disclaims, and each User expressly releases Great Generations from, 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/or content on the Site or otherwise offered in any other format by Great Generations.
Our Site may contain or provide links to third party websites, which are provided solely for convenience or informational purposes. Great Generations does not control or endorse any third party websites, or any products and/or services that are made available by third parties or any advertisements displayed on or in connection with such third party websites and services. Great Generations expressly disclaims, and you and each User expressly releases Great Generations from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites and services.
It is further understood and expressly agreed to that Great Generations or any Care Provider does not provide any medical, diagnostic, clinical, or treatment service, or engage in any conduct that requires a professional license, and/or constitutes such care. Great Generations expressly disclaims, and each User expressly releases Great Generations from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such care.
If you use any Services from the Company, whether for yourself or for another individual, then during the performance of any services and continuing for one year (1) immediately thereafter the completion of services, you hereby agree, whether for yourself or any other individual or entity, not to, solicit, endeavor to entice away from Company, or otherwise interfere with the relationship of Company and any person, who is employed by or otherwise engaged to perform any services for Company, including without limitation any independent contractors, except for candidates for whom you have paid a placement fee in accordance with Company’s Rate Sheet. In the event you violate the foregoing terms, you agree to pay as liquidated damages, and not as a penalty, the sum of Four Thousand Dollars ($4,000) for each candidate, employee or service provider, which amount represents the result of a reasonable endeavor by Company and you to ascertain the fair compensation for any harm that Company will sustain as the result of each and every such violation.
If you perform any services for the Company, during the term of your performance of service, and for a period of one year (1) immediately thereafter, you hereby agree, whether for yourself or any other individual or entity, not to, solicit, endeavor to entice away from Company, or otherwise interfere with the relationship of Company and any person, who is employed by or otherwise engaged to perform any services for Company, including without limitation any independent contractors. Further, if you perform any services for the Company, for a period of one year (1) following the termination of your employment and/or your relationship with the Company, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of the Company or any other information pertaining to them. Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom You have called or with whom You became acquainted during the term of your employment, as the direct or indirect result of your employment with the Company. Any breach or threatened breach of the terms of this Section will result in irreparable injury to GREAT GENERATIONS, for which monetary damages could not adequately compensate GREAT GENERATIONS. Accordingly, in the event of such breach, GREAT GENERATIONS shall be entitled to seek injunctive relief for permanent or temporary restraint of any action by CONTRACTOR in violation of this Section, without any requirement to post a bond or other security.
In consideration of services rendered, Clients are obligated to pay the fees for the use of the Services in accordance with the pricing and payment terms in accordance with the Company’s Rate Sheet, as may be updated from time to time, unless specifically notified in writing otherwise. Clients authorize Great Generations to charge their chosen method of payment for use of the requested Services. Great Generations reserves the right to correct any payment or collections errors or mistakes that it makes even if it has already requested or received payment. Great Generations reserves the right, at any time, to modify its fees and/or billing methods.
Payment is due on receipt. A late charge and finance charge of 1.5% per month will be applied to all payments over fifteen (15) days past due.
No refunds or credits will be provided for account cancellation requests received after the account has been billed.
THIRD PARTY PAYMENT PROCESSORS
Great Generations may use third party payment processing services to process credit card or other payment information, and you expressly consent to the use of such third-party processors. Great Generations uses reasonable efforts to protect the privacy of all personal and financial information and Great Generations 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 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.
LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
To the maximum extent permitted under applicable law, in no event shall Great Generations, its affiliates, agents, directors, employees, suppliers or assigns be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use the site or services. Under no circumstances will Great Generations be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the site or service or your account or the information contained therein.
To the maximum extent permitted under applicable law, Great Generations, and its affiliates, agents, directors, employees, suppliers or assigns, is not liable for (i) for any loss and/or damage incurred from the use of any content posted, emailed, transmitted, or otherwise made available through the site or services; (ii) any personal injury or property damage, of any nature whatsoever, resulting from access to and/or use of the site or services; (iii) any unauthorized access to our servers and/or any and all personal information stored therein; (iv) any interruption of transmission to or from the site or service; (v) any computer virus, bug or similar that may be transmitted to or through our site or electronic communications; and/or (vi) any content, information or the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT SHALL GREAT GENERATIONS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GREAT GENERATIONS.
To the fullest extent permitted under applicable law, the site and the services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Great Generations in any medium or through the site or services will create any warranty not expressly stated herein.
Without limit to the foregoing provisions, Great Generations does not warrant that the content provided through the site or services is accurate, reliable or correct; that the site or service will meet your requirements; that the site or service will be available at any particular time or location, will be uninterrupted or secure; that any defects or errors will be corrected; or that the site or service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the site or service is at your own risk and you will be solely responsible for any damage to your system or devices or loss of data resulting from any such download or use of the site or services. Great Generations does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party.
GREAT GENERATIONS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OF PROFITS, LOST DATA, COST OF SUBSTITUTE SERVICES, PERSONAL INJURY, OR PROPERTY LOSS OR DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES.
COLLECTION AND DISCLOSURE OF INFORMATION
You hereby acknowledge and agree that Great Generations has the right, but not the obligation, to verify any representations and warranties made by any User, which may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks, reference checks, location checks, phone number checks, home value checks, and/or using available public records. You hereby agree and consent to any collection, use or disclosure of such information for such purposes as further described below.
Great Generations may utilize third party service providers that perform, without limitation, criminal background checks, sex offender registry checks, motor vehicle records checks, reference checks, and identification verifications.
You hereby represent, understand and expressly agree that Great Generations does not have control over or assume any responsibility for the accuracy, quality or reliability of the information included in the background check reports. Great Generations does not independently verify information from the background checks. Any inaccuracies or omissions in these background reports must be addressed with the issuing reporting agency and not Great Generations.
By agreeing to these terms and using our site or services, you expressly consent to the use, collection and disclosure of the information in the background checks. You understand and agree that Great Generations may review and rely on the information in the background checks in deciding whether to accept, suspend or terminate you or any User or to investigate a complaint about you or any User. You further understand and agree that not all arrest, 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. You further understand and agree that certain records, if not available to third party background check service providers will not be included in the results of the background checks. You understand and expressly agree that Great Generations does not assume any responsibility for any inaccuracies or omissions in these reports.
REFERENCE AND CREDIT CHECKS
By using this site and/or services you understand and agree that Great Generations may conduct background, credit and reference checks through the Site and by other means, including without limit third-party servicers. Pursuant to the Fair Credit Reporting Act (the “FCRA”), you are hereby notified that when you apply as a Service Provider, you will be asked to provide your social security number to Great Generations and you expressively consent to and authorize Great Generations report to obtain a consumer and/or credit check (not credit score) about you from a consumer reporting agency. Consumer reports may contain information on 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. Great Generations expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
Great Generations has the right, at its sole discretion, to suspend and/or terminate any User based on information in the background, credit or reference checks or for any other reason.
REGULATION OF SITE CONTENT
Users are responsible for providing accurate, current and complete information in connection with your use of the Site and/or the Services. You are solely responsible for any content, including without limitation, information, materials messages, photos, videos, reviews or profiles that you post, upload, publish, display, provide, or otherwise make available to, or through, the Site or Services, or transmit to other Users. Great Generations is not responsible for any claims relating to any inaccurate or incomplete information provided by Users.
You will not post on the or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to Great Generations or to any other User. You understand and agree that Great Generations may review, but is not obligated to, edit and delete any Content that in its the sole judgement violates this Agreement or which might be offensive, illegal, inconsistent, irrelevant, or that might violate the rights, harm, or threaten the safety of Users.
You agree to defend, indemnify and hold harmless Great Generations and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of the Site and Services, including any data or content transmitted or received by you; (ii) your violation of any provision of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any information or content submitted through your account, whether submitted by you or not; (vi) any other party’s access and use of the Site or Service with your unique username, password or other appropriate security code; (vii) any services provided or performed by you, or (viii) your interactions with any other Users or individuals to whom you provide or receive services (ix) your lack of authority to bind the Recipient to this Agreement.
Your agreement to defend, indemnify and to hold Great Generations harmless applies regardless of the form of action, whether the claim is based on contract or tort (including strict liability). In addition you agree to indemnify, defend and hold harmless Service Provider from and against any claims resulting from your lack of adherence with the advice or recommendation(s) of such Service Provider. This indemnification section shall survive your termination of or cessation of use of the Application, Services and/or Site.
The Site and any information, materials and/or content contained within, including without limitation text, graphics, content, data, formatting, graphs, designs, code, photographs, music, sounds, images, software, videos, designs, typefaces or other content are Proprietary Materials and all intellectual property rights related thereto are exclusively owned by Great Generations.
Nothing in this Agreement shall be deemed to create a license in any such Proprietary Material or any intellectual property rights therein. Use of the Proprietary Material for any purpose not expressly permitted by this Agreement is strictly prohibited. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site or Services without prior express written permission. You expressly agree not to post, distribute or reproduce any Content that you do not own or have permission to use. Violation of this policy may result in intellectual property violations and liability, and subject you to termination or suspension from the Site and Services and/or civil and/or criminal penalties.
Nothing in this Agreement or any use of the Site or Services shall be construed as making any user, client, and/or provider a partner, joint venturer, agent, legal representative, employer, contractor or employee of Great Generations. Neither party shall have any right or authority whatsoever to incur any liability or obligation (express or implied) or otherwise act in any manner in the name or on the behalf of the other, or to make any promise, warranty or representation binding on the other
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Great Generations without restriction and without prior notice.
This agreement shall be governed by the laws of the State of New York, without respect to any conflict of laws principles. The Site and Services do not give rise to personal jurisdiction over Great Generations, either specific or general, in jurisdictions other than New York. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant Commercial Arbitration rules of the American Arbitration Association in effect at the time of the dispute. You agree and consent that White Plains, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GREAT GENERATIONS.
For any dispute with Great Generations, you agree to first contact us at 844-546-7222 and attempt to resolve the dispute prior to any legal proceeding. In the event that Great Generations has not been able to resolve the dispute after attempting to do so for sixty (60) days, the parties agree to resolve any controversy, claim, suit, injury or damage arising from or in any way related to the Site, the Services, this Agreement and/or any contract for services (excluding any claims for injunctive or equitable relief as described below) by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Great Generations.
Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Westchester County, New York and judgement of the arbitration award may be entered into any court having jurisdiction thereof. Each party shall assume its own costs of arbitration.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GREAT GENERATIONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Failure by Great Generations to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right set forth in this Agreement. This Agreement, together with any amendments and any additional agreements you may enter into with Great Generations, constitutes the entire agreement between you and Great Generations. If any provision of this Agreement, or any portion thereof, is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If you have any questions, need further information about the Site or Services provided by Great Generations, or need to notify Great Generations as to any matters relating to the Site or Services, contact Great Generations at 844-546-7222.
This Agreement was last modified on April 1, 2018