"Affiliates" refers to companies and divisions under the ownership of the Companyor that own the Company.
"Company" or "My AdultDayCare" or "we" or "us" or "our" means My AdultDayCare LLC, the owner and operator of the Services.
"Content" includes all Text, Graphics, design, video, information, Programming and other content, including the Intellectual Property,used on or in the Services.
"Graphics" includes all logos, buttons, and other graphical elements on the Services, including the color combinations and the page layout of the Services, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
"Profile" means a User profile containing personal or professional information about that User.
"Text" includes all text on every page of the Website or used for the Services, whether editorial, navigational, or instructional.
"User" means a user of the Services, whether as an individual (an "Individual User") or on behalf of a corporate entity or other organization or as a recruiter (a "Corporate User").
"User Content" means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by any User via the Services. All User Content and Submissionsare the sole responsibility of the User from which such User Content originated.
The Services are designed to facilitate professional and personal networking as well as employment opportunities among Users. A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to participating in the Services, unless otherwise authorized by the Company in writing. The Services may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth therein. Except as provided herein, you are not permitted to download (other than page caching), copy or change any portion of the Services, unless you have our express written consent.
We attempt to ensure that information on the Services is complete, accurate and current. Despite our efforts, the information contained in the Services may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currency of any information on the Services, including but not limited to the Content and the User Content.
Certain functions of the Services may require registration, such as creating a Profile or browsing other Profiles, contacting other Users,responding to surveys or participating in other promotions or contests.You may only create and use an Individual User account for your own personal use. If you would like to utilize the Services as a company, organization, entity, employer or recruiter, you must create a Corporate User account. Profiles may not contain any hyperlinks, or any misleading, inaccurate, false or unrelated content. The Services may be used only by individuals seeking employment and/or career information and for permitted professional and personal networking purposes, and by employers seeking employees. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account.
If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other nonpublic information relating to your account confidential. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. Without limiting the foregoing, you shall only use the Services in accordance with all applicable privacy and data protection laws, and you agree not to disclose any of the User Content to any third party, unless you are authorized in writing by the Company to do so as a Corporate User who is an authorized recruiting or staffing agency for employment purposes. If you delete your account, we may still need to retain certain information, including your Profile data and User Content, for record keeping, administrative, legal and technical purposes. However, we may not be able to recover any information from a deleted account if you later change your mind. Accounts and profiles may be deleted after a certain period of inactivity. By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial and transactional/relationship content. You may unsubscribe at any time.
Corporate Users are solely responsible for the User Content that they post or submit to the Website and any employment decisions that they make as a result of using the Services. Corporate Users may use the services only as an employer seeking employees. Corporate Users may not post job opportunities or descriptions that do not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property, or other User Content that is intended to sell, promote or advertise products or services. All pertinent information pertaining to a job opportunity or description must be clearly identified, including but not limited to commission only, distributorship, or multi-level marketing jobs. All job opportunities must represent bona fide employment opportunities, which generally is indicated by the employer's use of IRS forms W-2 or 1099. The Company reserves the right to remove any job posting, Profile or other User Content at its discretion, for any or no reason at all.
Sweepstakes, Contents and Promotions
Access to the Services by Employer Users (“Employer Access”) requires Employer User account registration and the payment of an access fee (the “Employer Access Fee”). Payment of the Employer Access Fee entitles an individual Employer User to access the Services for the calendar month in which the Employer Access Fee is paid. From time to time, the Company may offer special pricing for the pre-purchase of several months of Employer Access at a discounted rate.You must pay the Employer Access Fees before the Company will grant you Employer Access to the Services. The Employer Access Fees will be prorated for your first month, and charged on the first day of each calendar month for which you will have Employer Access thereafter.
Cancellation of Employer Access
You must provide and maintain at all times a valid method of payment in order to continue receiving Employer Access. If your payment method is not honored, your Employer Access will be terminated until another valid method of payment is provided to the Company. By providing the Company with a payment method, you represent with respect to the payment method selected: (i) represent that any credit information supplied is true, complete and that you are authorized to use the payment method that you provided; (ii) authorize the Company to charge you for the Employer Access Fee using your payment method; and (iii) agree to pay all Employer Access incurred, including any charges incurred for dishonored payments. You agree to pay one percent (1%) compounding interest on any outstanding balance you may incur, as well as any costs of collection and reasonable attorneys’ fees.
Use of theServices is a privilege. We reserve the right to suspend or terminate your access to the Services for any reason at any time, in our sole discretion. The Services and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, actions taken and information submitted via the Services.
If you choose to provide any personal information via the Services, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Services, as described in our Privacy Notice.
If you submit audio/video/digital media of yourself (the "Media") you hereby permit My AdultDayCare to use the Media either separately or together, either wholly or in part, in any way and in any medium or format (now existing or existing in the future), for whatever lawful purpose (including advertising), with or without any reasonable retouching or alteration, provided that in the event the Media is edited, it will not mischaracterize any of your words, actions or statements. Provided your words and actions are not mischaracterized, you agree that you shall not prosecute or institute any legal proceedings, arbitration demands, or claims or demands against either My AdultDayCare, or any of its officers, directors, members, owners, employees, agents or assigns with respect to the use of any or all of the Media, and hereby waive and release any and all claims or damages of any kind or sort in connection with the Media or use thereof by My AdultDayCare or its assignees.
In order to facilitate communications between you and us, we offer you the ability to contact us via the Website and Services. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email
Limitations on Information Submitted
We do not seek to receive any confidential or proprietary information or trade secrets of thirdparties through the Services. Any information you send to us, including inventions, creative ideas, suggestions, information posted to any Profile and other User Contentor Media ("Submissions") will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide nonexclusivelicense to use, modify, reproduce, adapt, transmit, sell, license and sub-license,adapt, create derivative works from,publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no additional payment or other compensation to you, subject to the Privacy Notice, so long as the Submissions are not misrepresented or distorted.
You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We do not assume any obligation to review or monitor the content or other information submitted to the Website by Users or otherthird-parties, including the User Content. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may,at our discretion, review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.
The Company owns any and all intellectual property rights relating to the My AdultDayCarebrand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the Company'sbrand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property").
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by thirdparties should be sent to our designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Services, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Services; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached at:
My AdultDayCare, LLC
200 Broadway 3rd FL,
New York NY 10038
Attn: Designated Copyright Agent.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly-infringing material re-published on the Services. Should that occur you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a United States federal court.
Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Services. Your use of the Services, and the obligations and liabilities of us in respect of your use of the Services, is expressly limited as follows:
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE SERVICES AND THEIR CONTENTIS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRDPARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND SERVICES, AND/OR RELIANCE ON ANY OF ITS CONTENT, INCLUDING THE USER CONTENT IS AT YOUR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU, AND NOT THE COMPANY, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SERVICES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE.
NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID THE COMPANY FOR SERVICES OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.
Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with your use of the Services or information, including the Submissions submitted thereto.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County, New York. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Viruses and Transmission of Sensitive Information
We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.
We do not represent that materials and Content on the Website and Services are appropriate or available for use in your location. Persons who choose to access the Services do so on their own initiative and at their own risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.