This Agreement contains all of the terms and conditions between Bdacare.com, Inc. ("Bdacare.com") and you ("Care Seekers/Care Providers and/or any other user") and governs the use of the service offered at the Bdacare.com Website and through any Bdacare.com mobile application (collectively, the "Site"). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a member of Bdacare.com ("Member"). If you wish to become a Member and make use of the Bdacare.com service (the "Service"), then please read this Agreement. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Bdacare.com Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Bdacare.com at any time, effective upon posting on the Bdacare.com Website, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Bdacare.com from time to time, such modifications to be effective upon posting by Bdacare.com on the Site. This Agreement includes the Bdacare.com Privacy Policy. By accessing the Site or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.
2. BDACARE.COM IS A VENUE. The Site is a communications platform for enabling the connection between individuals seeking home or care services ("Care Seekers") and/or individuals or companies providing home or care services ("Care Providers"). Bdacare.com does not take part in the interaction between Care Seekers and Care Providers except to collect payments on the behalf of Care Seekers and Care Providers for venue services through the Site. Users do hereby represent, understand and expressly agree that Bdacare.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Seekers. Bdacare.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Care Providers or Care Seekers through the Site whether in public, private or offline interactions. Bdacare.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on this Site. Bdacare.com does not assume and expressly disclaims any liability that may result from the use of this information. Bdacare.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Care Seekers and Care Providers do hereby expressly agree not to hold Bdacare.com (or Bdacare.com's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and Bdacare.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
3. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Bdacare.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, 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 Bdacare.com or to any other user of the Site.
You understand and agree that Bdacare.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of Bdacare.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Bdacare.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Bdacare.com will not infringe or violate the rights of any third party.
In addition, if you post a video to the Site, you are required to agree to the terms of use of Fliqz, Inc., a third party that provides video services on the Site. The Fliqz Terms of Use at http://www.fliqz.com/aspx/terms.aspx is hereby incorporated into this Agreement by reference.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Bdacare.com, are those of their respective authors. Such authors are solely responsible for such content. Bdacare.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Bdacare.com or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
4. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by Bdacare.com) or inclusion of advertisements do not constitute an endorsement by Bdacare.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Bdacare.com does not control such sites, and is not responsible for their content. Just because Bdacare.com has hyperlinks to such sites does not mean that Bdacare.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Bdacare.com's Terms of Use and Privacy Policy. Bdacare.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Bdacare.com harmless from any liability that may result from the use of links that may appear on the Site.
5. PAYMENT AND REFUND POLICY FOR INDIVIDUAL CARE SEEKERS. Individual Care Seekers are obligated to pay for the service of the Site, unless specifically notified otherwise. Care Seekers that sign up agree to pay Bdacare.com all charges at the prices then in effect for any use of the Site. In addition, Care Seekers authorize Bdacare.com to charge their chosen payment provider for use of the Site. Bdacare.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Bdacare.com may offer limited-time free trial subscriptions to Care Seekers from time-to-time. Care Seekers who sign up for Bdacare.com on a free trial basis may have limited access to the features of the Site. If a Care Seeker continues their subscription after the end of the free trial period, the Care Seeker will be charged the price then in effect for a monthly subscription to the Service. To avoid being charged for the service of the Site, a Care Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.
The subscriptions of Care Seekers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, contact Bdacare.com Member Care or edit your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. At Bdacare.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Bdacare.com.
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