Nurse Mother Caregiver TERMS OF USE

Please read these Terms of Use, together with any documents they expressly incorporate by reference, ("Terms", "Terms of Use") carefully before using the Nurse Mother Caregiver website (the “Website”) operated by There’s No Place Like Homecare, Inc.

You agree to follow and be bound by these Terms and the Privacy Policy, which is hereby incorporated into these Terms. The following Terms govern your access to and use of the Website and the Services, including any content, functionality and services we offer. In these Terms the words "you" and "your" refer to each visitor or user; "we", "us", "our"; "Nurse Mother Caregiver" refer to the Website and There’s No Place Like Homecare, Inc.; and "Services" refers to all services provided by us through the Website.

You understand and agree that your access to or use of the Website is governed by the Terms effective at the time of your access to or use of the Website. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Website prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications. If at any time you find these Terms unacceptable or if you do not agree to, or cannot comply with, these Terms, please do not use this Website, or the Services. If you have any questions about these Terms, please contact us at contact@nursemothercaregiver.com.

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.

YOU AGREE THAT BY USING THE WEBSITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

1. Who We Are

Nurse Mother Caregiver allows you to find the home care, hospice and medical equipment organizations throughout the United States, to learn about the latest innovations in home care, hospice and medical equipment and to find local businesses offering products and services related to home care. We are attempting to make a difference in the caregiver world. We want caregivers and all those who require home care to have an easy place to find relevant information.

Our Services allow you to post, and otherwise make available certain, information, text, images, graphics, reviews, comments, communications, and other material ("User Content"). You are responsible for the User Content that you post on or through the Website or the Services, including its legality, reliability, and appropriateness.

Certain content, and services available via the Website may include materials from third parties and Advertisers, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Website. Nurse Mother Caregiver may provide links to third-party and Advertisers websites as a convenience to you. You agree that Nurse Mother Caregiver is not responsible for examining or evaluating the content or accuracy of, and Nurse Mother Caregiver does not warrant and will not have any liability or responsibility for, any third-party or Advertiser materials, mobile applications or websites, or for any other materials, products, or services of third parties. There’s No Place Like Homecare, Inc. has no control over, and assumes no responsibility for the privacy policies, or practices of any third party or Advertiser mobile applications, web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party and Advertiser applications, web sites or services that you visit.

You agree that you will not use any third-party or Advertiser materials in a manner that would infringe or violate the rights of any other user and that Nurse Mother Caregiver is not in any way responsible for any such use by you. You use the Website and the Services at your own risk.

Nurse Mother Caregiver does not pre-screen users, or Advertisers or the User Content, content or information provided by users. Nurse Mother Caregiver has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Website, to investigate any reported or apparent violation of this Terms, and to take any action that Nurse Mother Caregiver in its sole discretion deems appropriate, including, without limitation, termination hereunder and deletion of all your content without prior notification.

We have the right, in our sole and absolute discretion, to:

Re-categorize any User Content to place it in a more appropriate location; and

Delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms, including but not limited to, User Content containing offensive language and advertisements. We reserve the right to refuse service to anyone and to cancel user access at any time.

All right, title and interest in and to the materials provided on the Website, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned or licensed by There’s No Place Like Homecare, Inc. Any rights not expressly granted herein are reserved by There’s No Place Like Homecare, Inc.

Except as may be expressly stated in these Terms, none of the Materials and User Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing in this Website shall be understood as conferring any license under any of There’s No Place Like Homecare, Inc.’s intellectual property rights, whether by estoppel, implication or otherwise.

2. Rights and Responsibilities of Nurse Mother Caregiver.

Nurse Mother Caregiver respects the intellectual property of others, and we ask our users to do the same. If you are suspected to be a repeat-infringers your access to the Services may be prohibited and your User Content permanently removed from the Website, in appropriate circumstances. Such decision is within our sole discretion.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(i)         An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii)        A description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii)       A description of where the material that you claim is infringing is located on the Website;

(iv)       Your address, telephone number, and email address;

(v)        A 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;

(vi)       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

There’s No Place Like Homecare, Inc.

P.O. Box 651

Baldwin, NY 11510-3162

By email: Legal@nursemothercaregiver.com with the subject line: "Copyright Infringement".

Nurse Mother Caregiver is not the publisher or author of the User Content. We disclaim all copyright and ownership in such works and all responsibility for them.

Although we cannot make an absolute guarantee of system security, Nurse Mother Caregiver takes reasonable steps to keep our services safe and secure. If you have reason to believe system security has been violated, contact us by E-MAIL at contact@nursemothercaregiver.com for help. If our technical staff finds that a user’s files or processes pose a threat to the proper technical operation of the system or to the security of other users, we reserve the right to delete those files or to stop those processes. If our technical staff suspects that a user name is used by an improper user, that user's access may be disabled in order to preserve system security. In all such cases, Nurse Mother Caregiver will contact the user as soon as feasible.

3. User Contents.

When posting User Content on the Website, and/or the Services, such contributions are made at your own risk and are subject to the Terms.

A. You represent and warrant that: (i) you have the necessary licenses, rights, consents, and permissions to publish your User Content; (ii) we will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights; and (iv) the content complies with this Agreement and all applicable laws.

B. Re-Posting Content: By posting Content on the Website, it is possible for an outside website or a third party to re-post that Content. You agree to hold Nurse Mother Caregiver harmless for any dispute concerning this use, distribution, public display, broadcast and/or copying.

4. Rights and Responsibilities of Nurse Mother Caregiver Users.

A. You Own And Are Responsible for Your Content: You shall be solely legally and ethically responsible for any User Content - writings, files, pictures, graphics or any other work - that you list, submit, post, or display using our Services or the Website and the consequences of submitting and publishing your Content on the Website. In posting User Content, you agree to honor the rights of others, including intellectual-property rights (copyright, patent and trademark).

You retain any and all of your rights to any User Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party posts on or through the Services. We do not claim ownership rights over the User Content.

We may use your User Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media").  By posting User Content, you hereby grant us a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, copy, reprint, distribute, modify, and create derivative works of your User Content for any and all purposes described in this paragraph, which shall be owned by There’s No Place Like Homecare, Inc. Finally, you irrevocably waive, and cause to be waived, against Nurse Mother Caregiver and its users and Advertisers any claims and assertions of moral rights or attribution with respect to Your Content.

B. Duration of Licenses: The above licenses will continue unless and until you remove your User Content from the Services, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that we have no control over such caching.

C. Re-Posting Content: By posting User Content on the Website, it is possible for an outside website or a third party to re-post that User Content. You agree to hold Nurse Mother Caregiver and its Advertisers harmless for any dispute concerning this use.

D. No Endorsement. Nurse Mother Caregiver does not endorse any User Content or Advertiser Content or any opinion, recommendation, or advice expressed therein, and Nurse Mother Caregiver expressly disclaims any and all liability in connection with the User Content and the Advertiser Content. Nurse Mother Caregiver does not permit copyright infringing activities and infringement of intellectual property rights on the Website. Nurse Mother Caregiver will remove all User Content if properly notified that it infringes on another's intellectual property rights. Nurse Mother Caregiver reserves the right to remove User Content without prior notice.

5. Prohibited Activities.

When accessing the Website or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any of the following:

Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Use any robot, spider, scraper or other automated means to access Nurse Mother Caregiver for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Nurse Mother Caregiver’s Terms or otherwise without Nurse Mother Caregiver’s prior express written permission.
Take any action that imposes or may impose, in Nurse Mother Caregiver’s sole discretion, an unreasonable or disproportionately large load on Nurse Mother Caregiver’s infrastructure.
Modify, adapt or hack Nurse Mother Caregiver or modify another website so as to falsely imply that it is associated with Nurse Mother Caregiver.
Appear to create liability for Nurse Mother Caregiver or cause Nurse Mother Caregiver to lose (in whole or in part) the services of Nurse Mother Caregiver's ISPs or other suppliers.
Be false, inaccurate or misleading by, among other things, impersonating any person;
Harass or stalk any other person;

Furthermore, you may not upload, post, or transmit (collectively, "submit") anything on the Website that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms.

6. Content Restrictions.

You may not submit User Content that:

Infringes any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights;
Contains sexually explicit content or pornography;
Contains hateful, or discriminatory content or incites hatred against a group;
Depicts or contains minors;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.

We reserve the right to terminate or delete your User Content permanently. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

The Nurse Mother Caregiver name, the Nurse Mother Caregiver logo, and other Nurse Mother Caregiver trademarks, service marks, graphics, and logos used in connection with the Music Services are trademarks or registered trademarks of There’s No Place Like Homecare, Inc in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

7. No Expectation of Privacy.

When you share information through the Website or the Services, consider the User Content to be publicly available indefinitely. You understand that we do not guarantee any confidentiality with respect to any User Content you submit.

8. Termination.

We may bar access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited as a result of your breach of one of the terms or condition set forth in the Terms.

We will terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.

We reserve the right to decide whether User Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such User Content and/or bar your access to the Services for submitting such material in violation of these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Changes to the Service.

Nurse Mother Caregiver’s Services are constantly evolving. We may modify, add, delete or terminate part of the Services or whole at any time, possibly without prior notice to you. We reserve the right to limit the use of certain features or functions to all or selected users.

Nurse Mother Caregiver will try its best to maintain and safeguard the information and content you shared or acquired through the Service. However, we cannot be hold responsible for any loss of information.

10. Indemnification.

You agree to defend, indemnify and hold harmless There’s No Place Like Homecare, Inc., its parent corporation, 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), resulting from or arising out of a) your use and access of the Services; b) a breach of these Terms, or c) Content posted on the Services. This defense and indemnification obligation will survive these Terms and your use of the Services.

11. Limitation Of Liability.

In no event shall Nurse Mother Caregiver, its parent corporation, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

YOU SPECIFICALLY ACKNOWLEDGE THAT NURSE MOTHER CAREGIVER SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Disclaimer.

THE WEBSITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NURSE MOTHER CAREGIVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NURSE MOTHER CAREGIVER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY MANNER OR OTHER ADVERTISING, AND NURSE MOTHER CAREGIVER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Nurse Mother Caregiver does not warrant or represent that any of the content available on the Website is accurate or complete. You assume full responsibility for the communications with any User, Advertiser or other provider you contact. Nurse Mother Caregiver shall in no event be liable to you for any decision made or action taken by you in the reliance on information accessible on our Website.

The use of our directories to verify the credentials of any entity is prohibited.

THE FOREGOING LIMITATION OF LIABILITY AND DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

NURSEMOTHERCAREGIVER.COM MAKES NO WARRANTY THAT:

(A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;

(B) THE WEBSITE, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;

(C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES;

(D) THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; and

(E) ANY ERRORS OR DEFECTS WILL BE CORRECTED;

OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE IS DONE ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK. NURSE MOTHER CAREGIVER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Nurse Mother Caregiver Services, and no warranties shall apply after such period.

The Services are controlled and offered by Nurse Mother Caregiver from its facilities in the United States of America. Nurse Mother Caregiver makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

None of the content available on our website is intended as a tool for verifying the credentials, accreditation, qualifications, or abilities of any user, advertiser or provider contained therein. Inclusion in our Website or any of our directory does not imply recommendation or endorsement.

13. Governing Law

You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Nurse Mother Caregiver, either specific or general, in jurisdictions other than New York. Any claim or dispute between you and Nurse Mother Caregiver that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York, United States of America. These Terms shall be governed and construed in accordance with the laws of New York, without regard to its conflict of law provisions.

Any action arising out of or relating to this Agreement or your use of the Services must be commenced in the state or federal courts located in New York, New York, United States of America (and you consent to the jurisdiction of those courts).  IN ANY SUCH ACTION, NURSE MOTHER CAREGIVER AND YOU HERETO IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with the Privacy Policy and any other legal notices published by Nurse Mother Caregiver on the Website, shall constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us concerning the Services.

14. Communications.

By sharing your email address with Us, you agree to receive certain electronic communications such as informational or legal notices, terms of use and privacy policy notice of change, newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

15. Timing.

YOU AND NURSE MOTHER CAREGIVER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Contact Us.

If you have any questions about these Terms, please contact us by email at legal@nursemothercaregiver.com.

Our team usually has a 24 hour response time.