Caregiver USA Terms of Service
September 13, 2015
By using this website you agree to be bound by the following Terms of Service. These Terms of Service memorialize a legal agreement between you and Caregiver USA Corp., an Ohio corporation (“CGUSA”). This agreement governs your use of the services provided by CGUSA through its website, mobile application, social media, and any other channel or interface that CGUSA makes available to you (the “Service”). Please carefully read this agreement before using the Service.
1. Nature of Service
The Service provides an online platform to connect people who seek caregiving services (“Careseekers”) with people who provide such services (“Caregivers”). Both are “Users” of the Service. CGUSA provides an innovative platform for enabling connections between Users through use of the Service.
CGUSA does not provide caregiving services, recommendations or referrals to Careseekers. It enables Caregivers to provide services to Careseekers. Careseekers and Caregivers connect with each other through the Service, and enter into agreements with each other. CGUSA is not a party to those agreements between Caregivers and Careseekers.
Any disputes between Users must be resolved by those Users. You understand and agree that CGUSA does not control the acts or omissions of Users. CGUSA does not assume any responsibility for any of the acts or omissions of any User, such as property damage or bodily injury that may result from a User’s acts or omissions.
You also understand and agree that CGUSA makes no representation or warranty regarding the quality of any services provided by any Caregiver and is not responsible for the accuracy or reliability of any information provided by any User. Furthermore, CGUSA does not employ Caregivers through the Service, and Careseekers are their potential employers; therefore, Careseekers are responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, such as applicable payroll, tax and minimum wage laws.
2. Payment for Service
You agree to pay CGUSA for all fees associated with the feature(s) you select, and authorize CGUSA to charge your chosen payment provider according to the terms associated with the feature(s) you select. You agree that if CGUSA already has your credit card on file, it may charge your credit card for additional purchases you make.
Any fees that CGUSA may charge you for the Service are due immediately when charged by CGUSA and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, CGUSA’s decision to terminate your usage, disruption caused to CGUSA’s Service either planned, accidental or intentional, or any reason whatsoever. CGUSA reserves the right to determine and change any payment term, rate, mechanism, or structure at any time. CGUSA may from time to time offer special promotions or offers, but reserves the right to change or cancel any special promotion at any time. CGUSA encourages you to check the Service for the latest updates to payment terms.
CGUSA may use third party services to process payments. While CGUSA will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, CGUSA expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold CGUSA harmless for any damages that may result therefrom.
Subscriber fees may be automatically extended for successive renewal periods. IF YOU SIGN UP FOR A PAYMENT THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE FEATURE(S) FOR WHICH YOU HAVE PAID WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM, FOR THE SAME DURATION AS THE PREVIOUS TERM, UNLESS AND UNTIL YOU CANCEL THE RENEWAL PRIOR TO THE END OF THE CURRENT TERM BY CALLING 1-614-408-9939, OR EMAILING
INFO@CAREGI VERUSA.COM, OR THROUGH YOUR ONLINE ACCOUNT SETTINGS. Upon automatic renewal, you authorize CGUSA to charge your selected payment method the then current applicable fee in accordance with your selection. Upon cancellation, you will have access to the feature(s) selected until the end of the term you selected, and the feature(s) will not continue beyond that point.
CGUSA will not reimburse you for, and is not responsible for, any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient fund charges, interest charges or finance charges. Users are solely responsible for the accuracy of any bank or credit card information provided to CGUSA or other Users. CGUSA expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details. CGUSA reserves the right to correct any errors in payments even if it has already requested and/or received payment. Users will remain responsible for CGUSA fees and any other applicable fees in connection with any refund or chargeback of a payment.
3. Safety and Honesty
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or CGUSA for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. You may not transfer or share your password or account information with any third parties. CGUSA expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact CGUSA immediately.
When you set up an account with CGUSA, you are required to provide certain information to CGUSA. You promise that all information you provide to CGUSA, then and at all times, is true, accurate, current and complete. You agree to maintain and promptly update any information that you provide to CGUSA to keep it true, accurate, current and complete.
Although CGUSA strives to enforce its rules with its Users and on its Service, you may be exposed through the Service to content that violates CGUSA’s policies or is otherwise offensive or unlawful. You access the Service at your own risk. You agree that CGUSA takes no responsibility for your exposure to content on its Service.
You also agree that CGUSA takes no responsibility for the conduct, whether online or offline, of any User of the Service. Users are responsible for screening, interviewing, performing background and reference checks, and verifying information provided by other Users when connecting with Users through the Service. Each Careseeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of any Caregiver they select as well as that Caregiver’s eligibility to work in the United States.
4. Intellectual Property
CGUSA alone shall own all right, title, and interest, including all related intellectual property rights, in and to the Service (including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content) and any suggestions, ideas, enhancement requests, feedback, recommendations, shopping lists and preferences, or other information provided by any User or any third party relating to the Service. This agreement does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights. Names, logos, and product names associated with the Service are trademarks or service marks of CGUSA or third parties, and no right or license is granted to any User to use them. You must abide by all copyright notices, information, or restrictions contained in or attached to any part of the Service.
You hereby give CGUSA a royalty-free, worldwide, sub-licensable, transferrable license to copy or use in any manner any content or information you upload to the Service. You agree that such content or information, or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted or published by CGUSA, and searched, displayed, printed or otherwise used or exploited by other Users.
CGUSA hereby grants you a non-exclusive, non-transferable, non-licensable right to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by CGUSA and its licensors.
You shall not:
license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Service in any way;
modify or make derivative works based upon the Service;
infringe the intellectual property rights of any User;
violate the privacy or other rights of any User;
violate any law, statute, ordinance or regulation, including any anti-discrimination or false advertising laws;
reverse engineer or access the Service in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service;
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
attempt to gain unauthorized access to the Service or its related systems or networks.
If you believe, in good faith, that any materials on the Service infringe upon your copyrights, you may send a notice under the Digital Millenium Copyright Act (the “DMCA”) to CGUSA’s designated Copyright Agent at: Caregiver USA Corp., 6089 Frantz Road, Suite 105, Dublin OH 43017, Tel: 1-614-408-9939. To be valid, your notice must include: (1) a description of the copyrighted work that you claim has been infringed, including enough specific information for CGUSA to locate the work, such as the URL or other specific location on the Service, and an explanation why you think an infringement has taken place; (2) a description of the location where the original or an authorized copy of the copyrighted work exists, such as the URL where it is posted or the name of the book in which it has been published; (3) your address, telephone number, and e-mail address; (4) 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; (5) a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
CGUSA may collect user submitted personally identifying information and other information specific to the services requested or provided. As part of providing you with services, CGUSA may obtain personal information about you from the following sources:
information you provide to CGUSA on forms that you enter on the Service or that you provide to CGUSA in writing;
information that you provide to CGUSA by telephone;
information CGUSA receives automatically when you visit the Service;
information other Users provide to CGUSA about you; and
information from additional third parties, including background check and verification services, payment processing services, and other online and offline sources.
The information CGUSA may collect includes but is not limited to: your name, address, contact information, date of birth, gender, resume, company name (if applicable), EIN (if applicable), credit card information, Social Security Number, criminal background information and other information specific to the service requested or provided. CGUSA may also collect information about third-party references from Caregivers. This information may include the name, phone number, and email address of the third-party reference. If a third-party reference would like to have their information removed, they can contact CGUSA.
You should be aware that any personally identifiable information you submit online can be read, collected, or used by other Users, and could be used to send you unsolicited messages. CGUSA is not responsible for the personally identifiable information you choose to submit.
CGUSA may use any information it obtains to develop and deliver the Services and to fulfill legal and tax requirements. CGUSA limits the collection and use of customer information to deliver superior service to its customers and to administer its business. Providing your information is voluntary and you can always choose not to provide it by choosing not to use the Service or its features.
When you visit the Service, CGUSA may gather certain information automatically and store it in log files. CGUSA may gather technical information about your computer such as your IP address, operating system, browser type, pages visited, manner of connection to the Internet, and referring URL. CGUSA may use this information in aggregate to analyze trends and administer its service. The information that it may collect through log files is not tied to personally identifiable information.
The information collected by CGUSA may by used in the operation of the Service, including the sharing of certain Careseeker information with prospective Caregivers and vice/versa. In addition, CGUSA may share your personal information with trusted third parties.
In order to provide the Service, CGUSA may share any of the information it gathers about you with agents and service providers to perform functions on its behalf, such as to send email, process background checks, or process credit card payments. In addition, address information may be shared with a service provider to determine geographic information. These service providers may have access to personal information needed to perform their functions.
If there is a change of control in CGUSA’s business (whether by merger, sale, or otherwise), its customer information could be sold as part of that transaction and your personally identifying information potentially could be used by the purchaser.
You have the ability to opt-out of receiving certain email communications from CGUSA, but CGUSA reserves the right to send you specific administrative notices that are required by law, regulation, or as needed to service your account. Administrative notices also include notifications of new messages, interview requests and appointment requests. You may not opt-out of receiving these administrative emails.
If your personally identifiable information changes, you may update this information by logging into your account. If you no longer wish to participate in the Service you may contact CGUSA and request that your account be closed.
CGUSA is committed to earning and keeping your trust and understands the need to keep your information secure and private. As a result CGUSA has implemented industry-recognized safeguards to protect your information. Please remember that you also play a valuable role in data security. You should never share your password with anyone. If you feel your password has been compromised, you should change it immediately. After you have finished using the Service, you should log out of your account and exit your browser.
6. Additional Terms and Conditions
Nothing in this agreement shall be deemed to constitute, in whole or in part, a partnership in law, constitute either party the agent of the other for any purpose or entitle either party to commit or bind the other (or any member of its respective group) in any manner. In addition, nothing in this agreement shall be deemed to constitute, in whole or in part, an independent contractor, joint venture, franchiser-franchisee or employer-employee relationship.
b. Over 18
You expressly represent and warrant that you are legally entitled to enter this agreement. By using the Service, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into this agreement and to abide by the terms and conditions of this agreement. If you reside in a jurisdiction which restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits, or you must not use the Service. The Service is not for use by children (persons under the age of 18). When using the Service you agree to comply with all applicable laws in the country, state, and municipality in which you reside or are present while using the Service.
c. Authorized to Work in the United States
If you are a Caregiver, you expressly represent and warrant that you are legally authorized to work in the United States.
d. Advertisements and Links
Links (such as hyperlinks) from CGUSA to other sites on the Web do not constitute the endorsement by CGUSA of those sites or their content. Such links are provided for reference and convenience only. CGUSA does not control any such other sites, and is not responsible for their content. The existence of links on the Service to such other sites (including without limitation external websites that are framed by the Service as well as any advertisements displayed in connection therewith) does not mean that CGUSA endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
e. Additional Usage Limitations
You may use the Service only for lawful purposes and shall not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws or send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights. By using the Service, you also agree that you will:
not use the Service to cause nuisance, annoyance, or inconvenience;
not impair the proper operation of CGUSA’s network;
not try to harm the Service in any way whatsoever;
not copy, use, or distribute the Service or other content without express, written permission from CGUSA;
not use the Service to generate unsolicited email advertisements or spam; allow, enable or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via email; or use any high volume automatic, electronic or manual process to access or harvest information from the Service;
not attempt to bypass any security or access features of the Service;
not advocate, encourage or partake in any illegal activity in connection with the Service;
use the Service only for your own use, and you will not resell it to a third party;
keep secure and confidential your account password or any identification we provide you which allows access to the Service;
provide CGUSA with whatever proof of identity it may reasonably request;
only upload information and content to the Service that does not infringe the intellectual property rights of any third party; and
only use the Service on devices and from access points which you are authorized to use.
You and CGUSA agree that if any provision of this agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this agreement shall continue to be valid as to its other provisions and the remainder of the affected provision. You and CGUSA agree that you shall use all reasonable efforts to replace all provisions found to be null and void by provisions that are valid under the applicable law and come closest to their original intention.
This agreement sets out the entire agreement between you and CGUSA. Neither you nor CGUSA has entered into this agreement in reliance upon any other representation, warranty or undertaking that is not expressly set out or referred to in this agreement.
You agree that failure by CGUSA to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
i. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
WITHOUT LIMITING THE FOREGOING, CGUSA DOES NOT WARRANT: (1) THE UNINTERRUPTED AVAILABILITY OR RELIABILITY OF THE SERVICE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE; (3) THE TIMELINESS, ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE; (4) THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
CGUSA CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
j. Assumption of Risk
You assume all risk when using the Service, including but not limited to all the risks associated with any online or offline interactions with Users. You agree to take all necessary precautions when interacting with other Users. CGUSA GENERALLY DOES NOT PERFORM BACKGROUND OR REFERENCE CHECKS FOR USERS WHO ADVERTISE OR RESPOND TO ADVERTISEMENTS THROUGH THE SERVICE.
k. No Professional Advice
All information, materials, content and/or advice on the Service or provided through the Service is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. CGUSA expressly disclaims, and you expressly release CGUSA from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
l. Dispute Resolution
1) Limited Liability
YOU AGREE NOT TO HOLD CGUSA OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR STOCKHOLDERS (COLLECTIVELY, “CGUSA PARTIES”) LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, VEHICLE ACCIDENTS, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY CGUSA PARTIES, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL CGUSA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AGGRAVATED, ECONOMIC OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS LEGALLY DETERMINED THAT ANY CGUSA PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO CGUSA IN CONNECTION WITH YOUR USE OF THE SERVICE.
NEITHER CGUSA, NOR ANY OF THE CGUSA PARTIES, ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE, AND THEY WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. CGUSA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY USER OF THE SERVICE.
If you are a California resident, you waive to the maximum extent permitted by law California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You hereby agree to fully indemnify, defend and hold harmless CGUSA and its directors, officers, employees, agents and stockholders (collectively, the “Indemnified Parties”) to the maximum extent allowable under the law from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorneys’ fees and costs) – whether or not they involve a third party claim, are caused by the negligence of CGUSA or any other Indemnified Party, or have any merit – which arise out of or relate to: your use or inability to use the Service; any breach of any representation or warranty of this agreement; or any breach or violation of any covenant or other obligation or duty of this agreement, applicable law or otherwise. CGUSA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
3) Consent to Jurisdiction and Venue
Any dispute, controversy or claim arising out of or relating to this agreement, including its conclusion, interpretation, performance, breach, termination or invalidity, shall be finally settled by the courts of Ohio, USA which will have exclusive jurisdiction. You hereby consent to, and waive any objection to, jurisdiction and venue in Ohio, USA. You will not contest CGUSA’s ability to enforce any of the provisions of this agreement in Ohio, USA.
4) Governing Law
This Agreement shall be governed by the substantive laws of Ohio, USA.
m. Internal Background and Verification Checks
1) Internal Background Checks About You
You hereby acknowledge and agree that CGUSA has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of CGUSA’s Service and its Users (“Internal Background Checks”). CGUSA may order these checks when you register and thereafter in connection with your continued use of the Service (such as by contacting or communicating with other members, posting or updating a job or profile, etc.).
These Internal Background Checks, and the background reports resulting from these services are considered “consumer reports.” 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.
You understand and agree that CGUSA may review the information provided by the third-party consumer reporting agency and that CGUSA retains the right to terminate or suspend your use of the Service based on the information it receives from these checks, even if such information was subsequently dismissed. If CGUSA terminates or suspends your membership or access to the Service on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. CGUSA will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that CGUSA does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not CGUSA) within the time period specified in your notice.
2) Verification Checks About You
You hereby acknowledge and agree that CGUSA has the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that any representations and warranties you make are true for the legitimate business purpose of protecting the safety and integrity of CGUSA’s Service and its Users (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that CGUSA may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your right to use the Service, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise, in CGUSA’s sole discretion, unsuitable for CGUSA.
You also hereby represent, understand and expressly agree that CGUSA does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. CGUSA does not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
3) Additional Release of Liability for Internal Background and Verification Checks
You hereby represent, understand and expressly agree that Internal Background and Verification Checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type ordered as well as the state and county where the check is performed.
You agree to indemnify and hold harmless CGUSA from any loss, liability, damage, or costs that may result from an Internal Background or Verification Check regardless of the cause. CGUSA does not assume and expressly disclaims, and you hereby agree to release CGUSA from, any loss, liability, damage, or costs that may result from the use of information provided in an Internal Background or Verification report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that CGUSA has no obligation to perform Internal Background Checks, Verification Checks or any other background checks on any Users. To the extent CGUSA performs such checks on certain Users, those checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Users have provided or of their eligibility to use the Services.
CGUSA may terminate or suspend your right to use the Service at any time and for any reason. Without limitation, CGUSA may terminate or suspend your right to use the Service, and may not provide any refund for any unused credit on your account, for breach of any term of this agreement or any policy of CGUSA posted on the Service from time to time, or if CGUSA otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with use of the Service. In addition to terminating or suspending your account, CGUSA reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this agreement will remain enforceable against you.
CGUSA, in its sole discretion, may change this agreement at any time through updates to these Terms of Service. Those updates become effective upon CGUSA posting them on the Service, with or without notice. Your use of the Service after such posting will constitute your complete and irrevocable acceptance of and agreement to such changes. Therefore, you should frequently review these Terms of Service to see if they have been changed.
CGUSA reserves the right in, its sole discretion, to review, improve, modify, or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. You agree that CGUSA shall not be liable, in whole or in part, to anyone for any modification or discontinuance of the Service.
CGUSA does not make any commitment to update this agreement or the Service.