Terms of Use

Effective: October 12, 2017

Welcome to the Reciprocare Website, owned and operated by Reciprocall Health, Inc., a Delaware Corporation doing business as “Reciprocare” (“Reciprocare,” “ReciproCare,” “we,” or “us”) to provide online services and information for long-term care professionals (“Job Seekers”) and home care, hospice and staffing agencies (“Employers”) related to supply and demand for the local long-term care professional market. The online services and information are collectively called (the “Services”) at  (collectively, the “Website”) to our users (“Users” or “You”) under the following Terms and Conditions of Use Agreement (these “Terms” or the “Agreement”).

1. ACCEPTANCE.

This Agreement applies to this Website, the App (as defined below) and our online Services. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THIS SITE AND/OR THE SERVICES. As a ReciproCare User, Users agree to be bound by this Agreement, whether You are a “Visitor” (which means that You simply browse the Website) or a “Registered User” (which means that You have registered with the Website or Services).

You also acknowledge and agree that we may modify this Agreement at any time, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this Website. You agree that You will review this Agreement regularly, so that You are aware of and agree to any and all modifications made to this Agreement. If You object to any such changes, Your sole recourse will be to cease using the Website and Services. Use of our Website or Services after updates are posted and effective constitutes acceptance of any changes.

2. CHILDREN.

The Website is not directed to children. You must be at least 18 years of age to use our Website or Services. If we later obtain actual knowledge that we have collected personal information from an individual under the age of 18 years old, we will take steps to remove any of that User’s personal information from our databases.

3. USERS.

If You submit or otherwise provide information to ReciproCare, such information must be true, accurate, current, and complete, and You shall maintain and promptly update such information to keep it true, accurate, current, and complete, and the truth, accuracy, currency, and completeness of such information is a condition to Your use of the Website and Services. You may not sign up using a false identity, and you may not sign up or submit information on behalf of any third party. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your use of the Website or Services (or any portion thereof).

a. VISITORS. You do not have to register with us to browse our website, however certain areas of the website is restricted to Registered Users. Visitors may browse the Website in accordance with this Agreement.

b. REGISTERED USERS. You may become a Registered User by creating an account through our Website. When You sign up, You will be required to enter Your name, residential address, email address, phone number and other contact information. You must also select whether you are a Job Seeker (e.g. Caregiver) or an Employer (e.g. Home care, hospice or staffing agency), and will be provided additional fields to complete your profile accordingly. There are two main classes of ReciproCare Users: Job Seekers and Employers. Job Seekers are individual long term care professionals who access ReciproCare’s Website and Services to post information about their professional skills, credentials, preferences and availability to seek a job with a home care, hospice or staffing agency. Employers are agencies that access ReciproCare's Website and Services to seek to fill agency openings and needs for specialized workers.


After you have completed the Registration process, you will be permitted access to the Services.

4. ACCESS RIGHTS.

We hereby grant to You a limited, non-exclusive, non-transferable license to access the Website and use the Services only as permitted under this Agreement (“Access Rights”). You agree not to use of the Website or Services or access to the Website or Services for any purposes other than those for which the Website or Services are being provided to You. Use of the Website requires that You comply with further acceptable use policies we may establish from time to time.

 

You understand and acknowledge that the Website and Services are the property of Reciprocare, and You may not prepare derivative works of, modify, distribute, sell, lease, rent, sublicense, crawl, scrape, assign, export, or transfer in any other manner the Services, information displayed on the Services, the Website, or any underlying software, technology, or other information, including any printed materials of the same, unless expressly authorized hereunder. Any use of third party software provided in connection with the Website or Services will be governed by such third parties’ licenses and not by this Agreement.

We reserve the right, in our sole discretion, to deny use of the Website or Services to anyone for any reason. You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate Your or any other party’s access to all or part of the Website or Services, or change or discontinue any aspect or feature of the Website or Services (including, without limitation, discontinuing the Website in its entirety). If You object to any such changes to our Website or Services, Your sole recourse will be to cease using the Website and Services. Without limitation of any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the Website, Services, and this Agreement.

5. YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE SITE AND SERVICE.

ReciproCare is not an employment agency, nor a residential services agency, nor a staffing agency, nor a home healthcare agency, nor a background check service. ReciproCare provides a platform for Users to create profiles, search for, and connect with others in the Eldercare industry. Employers may post jobs and Job Seekers may apply for jobs. ReciproCare We provide a venue to connect Employers (those seeking employees to provide skilled and non-skilled care services to the Employer’s clients) with Job Seekers (individuals seeking to provide skilled and non-skilled care services to the Employer’s clients). In addition, ReciproCare may in the future launch and/or operate one or more mobile applications providing similar functionality via mobile devices (the "App"). Neither the Website nor the App is intended to allow individuals to find care for themselves or loved ones, and use of the Site or Application in that manner is prohibited. Users represent and warrant that the ReciproCare Website and Services shall be used in compliance with all applicable local, state, national or international laws and regulations, including but not exclusive to those related to privacy, employment, and health and human services and home care agency requirements. You further represent and warranty that the ReciproCare Website and Services shall not be used in a way that violate the rights of any third party. Use of the Website or Services for any illegal purpose is strictly prohibited and a violation of these Terms.

You agree not to use the Website or Services in any manner that: (a) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another individual; (b) collects or stores personal data about other Users without their consent, or otherwise prepares, compiles, uses, downloads or copies any User information and/or usage information or any portion thereof, or transmits, provides, or otherwise distributes (whether or not for a fee) such information to any third party without the User’s consent; (c) impersonates any person or entity, misrepresents Your affiliation with a person or entity, or otherwise creates a false identity for the purpose of misleading others; (d) infringes someone else’s patent, trademark, trade secret, copyright, or other intellectual property or other rights; (e) is vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive or abusive; (f) advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party; (g) promotes sexually explicit or pornographic material; (h) discriminates on the based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age; (i) constitutes unsolicited or unauthorized advertising, junk or bulk email (spam), chain letters, or any other unsolicited commercial or non-commercial communication; or (j) transmits any material or communications that contain a charity request, petitions for signatures, chain letters, or letters relating to a pyramid scheme.

You may not interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, interfere with or disrupt or inhibit others’ use of the Website or Service, including through the upload or other transmission of any software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment or use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website, products and/or Services. Further, You may not (a) use any Reciprocall Health, ReciproCare or Reciprocare Solutions domain name as a pseudonymous return email address; (b) attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the Services and/or the Website; (c) change, modify, adapt, or otherwise alter the site, or change, modify, or alter another Website so as to falsely imply that it is associated with this site; (d) inject content or code, or otherwise alter or interfere with the way any page from the site is rendered or displayed in another User’s browser or device; (e) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Website or access to the Website; (f) systematically (including manually) collect, scrape, or use any content from the Website or Service, including through the use of any data mining or similar data gathering and extraction methods; (g) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders, or scripts); (h) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; or (i) assist, encourage, or enable violations of this Agreement. You may not disobey any requirements, procedures, policies, or regulations of networks connected to the Website or Services.

6. USER COMMUNICATIONS.

The Website may contain job boards, bulletin boards, messaging, or other certain interactive features (collectively, “Interactive Services”) that allow Users to communicate with other Users (collectively, “User Communications”) on or through the Website or Services. All communications must comply with these Terms.

Unless otherwise set forth on this Website, any non-personal information, communications, and/or material You send to or through this Website, or to us by email or other means, is provided on a non-confidential and non-proprietary basis, and You grant us and other Users a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, sub-licensable and transferable right and license to use, reproduce, create derivative works of, distribute, or publicly display any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose, including developing, manufacturing or marketing products. We are also free to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to this site constitutes a violation of their intellectual property rights, or of their right to privacy.

You represent and warrant that: (a) You own or control all rights in and to the User Communications and have the right to grant the license granted above; and (b) all of Your User Communications do and will comply with these Terms.

We are not responsible, or liable to any third party, for the content or accuracy of any User Communications posted by You or any other User of the Website.

7. MONITORING AND ENFORCEMENT

We have the right to:

a. Remove or refuse to post any User profile or User Communications for any or no reason in our sole discretion.

b. Take any action with respect to any User profile or User Communications that we deem necessary or appropriate in our sole discretion, including if we believe that such User profile or User Communications violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Website or the public or could create liability for ReciproCare.

c. Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.

d. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

e. Terminate or suspend Your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS RECIPROCARE AND ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8. ADDITIONAL TERMS.

Certain Services available through our Website may have their own terms and conditions that apply to Your use of those Services. These Terms do not alter in any way the terms or conditions of any of those other written or online terms and conditions or agreements You may have or will have with ReciproCare. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to Services You have purchased or You use or to which You subscribe, those other terms and conditions or agreements will govern.

9. PRIVACY.

As part of the registration process, You will be asked to provide certain personal information to us. All information we collect on the Website, including through the registration process, will be treated in accordance with our Privacy Policy and incorporated by this reference into this Agreement. If You use the Website and/or Service, You are accepting the terms and conditions of our Privacy Policy, and consent to all actions we take with respect to Your information consistent with our Privacy Policy. If You do not agree to have Your information used in any of the ways described in the Privacy Policy, You must discontinue use of the Website and the Services, and do not provide us with any personal information.

10. SECURITY. 

We will take steps to help secure Your personally identifiable information. However, You understand and agree that such steps do not guarantee that use of the Website is invulnerable to all security breaches, and that ReciproCare makes no warranty, guarantee, or representation that use of any portion of our Website is protected from viruses, security threats, or other vulnerabilities. In no event and under no circumstances shall ReciproCare be held liable for any liabilities or damages resulting from or arising out of any compromise of the confidentiality of any User Information.

 

11. PRODUCT AND SERVICE INFORMATION.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that any information, graphic depictions, product and service descriptions, or other content of the Website are accurate, complete, reliable, updated, current, or error-free. Any reliance You place on such information and other content is strictly at Your own risk.

12. THIRD PARTY CONTENT, OFFERINGS OR SERVICES.

Much of the information on this Website is derived from User submissions, and there may be other third party content or links available on or from this Website. Further, parties other than ReciproCare may offer and provide content, products, and Services on or through the Website or Services, or we may provide links to third party websites or content for your convenience. Our provision of a link to any other Website or location does not signify our endorsement of or affiliations with any third party individual, site or entity. ReciproCare does not operate, control, or endorse any third party content, products, or Services on the Website or accessible through the Website or Services in any way. ReciproCare is not responsible for examining or evaluating, and ReciproCare does not warrant the offerings of, services of or information provided by, any third party. ReciproCare does not assume any responsibility or liability for the information provided by or the actions, products, services and/or content of any User of the Website or any other third parties. Access to any other Websites linked to the Website or use of any offerings, services or information of any third party is at Your own risk.

13. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS ON USE.

Certain of the names, logos, and other materials displayed on the Website or in the Services may constitute trademarks, trade names, service marks, or logos (“Marks”) of ReciproCare or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

The Website, the software, code, proprietary methods, and systems used to provide the Website or Services and all content, features, and functionality (including all text, displays, images, video and audio, and the design, selection, and arrangement thereof) (collectively, “our Technology and Content”) are (1) copyrighted by ReciproCare and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by ReciproCare or its licensors. None of our Technology and Content may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Technology and Content. Nothing in these Terms grants You any right to receive delivery of a copy of or obtain access to our Technology and Content except as generally and ordinarily permitted through the Website according to this Agreement. Notwithstanding the foregoing, You may download or print single copies of Materials for Your personal, non-commercial use only, provided You keep intact all copyright and other proprietary notices.

14. COPYRIGHT COMPLAINT NOTICE.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials appearing on the Website infringe Your copyright, You (or Your agent) may send ReciproCare a notice requesting that the material be removed, or access to it blocked. In addition, if You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. You acknowledge that if You fail to comply with all of the notice requirements of the DMCA, Your notice may not be valid. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, ReciproCare has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: Rachel Fuller

Address: ReciproCare

8120 Fenton Street, Suite 204

Silver Spring, MD 20910

E-mail: hello@reciprocarejobs.com

In accordance with the DMCA and other applicable law, we shall, in appropriate circumstances, terminate access, in our sole discretion, of any User that we find to be a repeat infringer of the copyrights of others. We may also, in our sole discretion, limit or fully terminate access to the Website of any User infringing the intellectual property rights of others, regardless of whether such User is a repeat offender or not.

15. TERMINATION.

ReciproCare may terminate Your use of the Website for any reason at any time. You understand that termination of this Agreement may involve deletion of Your information from our live databases as well as any content that You uploaded to the Website. Either party may terminate this Agreement upon material breach of the other party, if such material breach continues for thirty (30) days after written notice of such breach is provided to the breaching party. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION CONTENT UPLOADED BY YOU.

16. DISCLAIMER OF WARRANTIES.

 

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WHILE WE ATTEMPT TO INCLUDE ACCURATE AND UP TO DATE MATERIALS AND TO IDENTIFY VIRUSES WHICH MAY BE PLACED ON THE WEBSITE BY THIRD PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECIPROCARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, SECURITY, RELIABILITY, ACCURACY OF DATA AND SYSTEM INTEGRATION. RECIPROCARE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS); NOR DOES RECIPROCARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT MAKE ANY WARRANTIES THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RECIPROCARE OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL RECIPROCARE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, OR THE ACTIONS OR SERVICES OF ANY USER OF THIS WEBSITE OR ANY OTHER THIRD PARTY, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE AND EVEN IF WE AND/OR OUR LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF RECIPROCARE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE THOUSAND DOLLARS (U.S. $1000.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

18. INDEMNIFICATION.

To the extent permitted by law, You agree to indemnify, defend and hold harmless ReciproCare, its officers, directors, licensors, co-branders, suppliers, and other partners, employees, consultants and agents, together with all of their respective officers, directors, employees and consultants, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information You submit, post or transmit through the Website or Services, (b) Your use of the Website or Services, (c) Your violation of this Agreement, (d) Your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines input by You into the Services. We reserve the right to exclusively defend and control any such indemnification matters; and that You will fully cooperate with us in any such defenses.

 

19. GEOGRAPHICAL RESTRICTIONS.

Reciprocall Health, Inc. has offices in Silver Spring, MD and Washington DC in the United States and provides the Website for use only by persons located in the United States. ReciproCare makes no representation that all products, Services and/or material described on the Website, or the Services available through the Website, are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Website and the Services do so on their own initiative and are responsible for compliance with local laws. By using these Services, You agree to the transfer and processing of Your Personal information to ReciproCare in and subject to the laws of the United States.

20. MISCELLANEOUS.

Unless otherwise set forth in an agreement between You and ReciproCare, this Agreement and our Privacy Policy constitutes the entire, exclusive, and final statement of the agreement between You and us with respect to the subject matter hereof, and governs Your access to the Website and Your use of the Services, superseding any prior agreements or negotiations between You and us, both written and oral, with respect to the subject matter hereof. All matters relating to the Website or Services, this Agreement, the relationship between You and ReciproCare or any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims) will be governed by the laws of Delaware, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement or Your use of the Website or Services must be instituted exclusively in the federal or state courts located in Delaware and in no other jurisdiction.

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. CONTACT INFORMATION.

This Website is operated by Reciprocall Health, Inc. Except as otherwise set forth above, all feedback, comments, requests for technical support and other communications relating the Website or Services should be directed to hello@reciprocarejobs.com or may be mailed to us at: 8120 Fenton Street, Suite 204; Silver Spring, MD 20910.

22. WORKPLACE POLICY.

In furtherance of its mission to expand the capacity of the long-term care industry while transforming access to employment opportunities for caregivers ReciproCare requires that all employer members of our platform must adhere to the following workplace practices: (1) Employers must hire caregivers as employees and not as independent contractors, unless employer acts only as a registry and worker freely negotiates pay rates and schedule with client; (2) Employer must pay overtime for hours worked after 40, unless employer acts only as a registry and does not control pay rates or schedule; (3) Employer must pay for worker’s travel time between clients’ homes in a single workday, unless employer acts only as a registry and does not control pay rates or schedule. We reserve the right to deny service or terminate any existing account belonging to Employers who do not meet these minimum requirements. If you have questions about ReciproCare’s Workplace Justice Policy or how it may apply to you, you may direct your inquiries to hello@reciprocarejobs.com.

23. CUSTOMER SERVICE POLICY.

All customer service questions, issues, or requests may be directed to ReciproCare tech support using the contact information listed in section 21. We will respond as soon as we are reasonably able, and always within 24 hours of your first message.