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Friday, March 12, 2010

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<p>SELF SERVICE CLIENT AGREEMENT TERMS AND CONDITIONS</p><p>IT IS IMPORTANT THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.</p><p>Scope of Agreement. This Self Service Client Agreement Terms and Conditions ("Agreement") is a legal agreement between yourself and Ryan Henry (c.o.b.) Caregiverlistings.com ("Caregiverlistings.com"), the owner and operator of www.caregiverlistings.com (the "Website"). This Agreement states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, text, images, computer software and code (the "Content") and the Access Services (as hereinafter defined) to the Caregiverlistings.com database (the "Database") offered by Caregiverlistings.com through the Website.</p><p>Acceptance. By browsing, accessing and using the Website, the Content or the Database in any way, you are indicating your acceptance to be bound by the terms and conditions of this Agreement, including without limitation, the full terms and conditions of the Caregiverlistings.com "Privacy Policy" provided at www.caregiverlistings.com/privacypolicy/, the "Caregiverlistings.com Conduct Rules" provided at www.caregiverlistings.com/termsofservice/conductrules.asp and all other applicable terms, conditions and disclaimers provided in the pages of the Website. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE WEBSITE. Caregiverlistings.com may revise this Agreement at any time by updating this posting and will provide notice of material changes on the home page of the Website. Use of the Website after such notice is posted will signify your acceptance of any revised terms and conditions. The most current version of the Agreement can be found at www.caregiverlistings.com/termsofservice/clientagreement.asp</p><p>Conflicting Terms. This Agreement shall be read together with any terms, conditions and disclaimers provided in the pages of the Website, including the Privacy Policy and the Caregiverlistings.com Conduct Rules, which are included herein by reference. In the event of any conflict between the terms and conditions in this Agreement and any other terms and conditions found elsewhere on the Website, the terms and conditions provided in this Agreement shall prevail over such other terms and conditions to the extent of the conflict.</p><p>Use of the Website. Caregiverlistings.com authorizes you to access and use the Website, the Content and the Database for your personal non-commercial use in accordance with the terms and conditions of this Agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website, the Content, the Database and the Access Services.</p><p>Access Services and Fees. Upon payment to Caregiverlistings.com of a "Fee" in the amount of $59 for sixty (60) days of full access or $99 for one-hundred eighty (180) days of full access, Caregiverlistings.com hereby agrees to provide you with access to the Database and the "Worker Profiles" containing certain biographical, personal, contact or other information pertaining to a nanny, senior caregiver, childcare worker, housekeeper or other worker that provides care-giving services ("Worker") that are maintained in the Database (the "Access Services"). Once Caregiverlistings.com has received payment of the Fee, you will be granted full access to the Database only through Caregiverlistings.com. You understand and agree that the Fee is not refundable even if you do not hire a Worker through your use of the Access Services, the Database or the Website. You further agree and understand that that the Access Services are not intended to replace the care, professional opinion, services or judgement of a professional care provider, including without limitation a physician or nurse.</p><p>Non-Solicitation of Foreign Caregivers If a client receives the contact information (telephone number, email or address) of a foreign caregiver they may not try to solicit that caregiver for the purpose of employment without the expressed consent of Caregiverlistings.com.</p><p>Limited License. Once Caregiverlistings.com has received payment of the Fee and subject to the terms and conditions of this Agreement, you will be granted a limited, revocable, non-transferable and non-exclusive license to access, view and use the Website, the Content, the Database and the Access Services for your personal, non-commercial use only. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. No right, title or interest in any downloaded or copied items is transferred to you as a result of any such downloading or copying. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Privacy Policy or the Caregiverlistings.com Conduct Rules contained on the Website.</p><p>No Monitoring of Content. You acknowledge and agree that Caregiverlistings.com does not control the content of any Worker information or other Content disclosed to Caregiverlistings.com or posted on the Website and shall not have any obligation to monitor or verify such content for any purpose. All Worker information or other Content provided by a Worker to Caregiverlistings.com or appearing on the Website is the sole responsibility of that Worker. Caregiverlistings.com does not make any representation or warranty as to the truthfulness or accuracy of any such content.</p><p>No Endorsement of Content. You acknowledge and agree that Caregiverlistings.com does not endorse the content of any Worker Profile or other Content contained on the Website, or in the Database, and is not responsible or liable for any content, even though it may be unlawful, harassing, libellous, privacy invading, abusive, threatening, discriminatory, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of any Person. You further acknowledge and agree that Caregiverlistings.com does not pre-screen all Worker Profile content or other Content, but that Caregiverlistings.com and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Worker Profile content or other Content that is publicly available via the Website.</p><p>Registration. To use certain features of the Website, including the Access Services, you may be asked to register with the Website and provide certain biographical, personal, contact or other information pertaining to yourself ("User Content"). You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Caregiverlistings.com has reasonable grounds to suspect that such User Content is untrue, inaccurate, not current or incomplete, Caregiverlistings.com has the right to suspend or terminate your access to and use of the Website or any portion thereof. Caregiverlistings.com;s use of any personally identifying information you provide as part of the registration process is governed by the terms of the Caregiverlistings.com "Privacy Policy" provided at www.caregiverlistings.com/privacypolicy/</p><p>Licence to Caregiverlistings.com for User Content. By submitting User Content to the Website, you grant a non-exclusive, royalty-free license in the User Content, including worldwide, translation, reprint and reproduction rights, and all electronic and online rights to modify (for purposes of formatting, maintenance, or Website administration only) and reproduce such User Content to Caregiverlistings.com. You also grant the right to distribute and publicly display such User Content for the purpose for which such User Content was submitted to the Website. This license will be in effect until such User Content is removed from the Website.</p><p>DISCLAIMER OF WARRANTY. The Website, the Content, the Database and the Access Services are provided "AS IS" and "AS AVAILABLE" without representation, warranty or condition of any kind, expressed or implied, to the fullest extent permitted by law. While Caregiverlistings.com tries to provide information that is correct, valid accurate, current, and timely, Caregiverlistings.com makes no representations, warranties, covenants or guarantees, express or implied, regarding the Website, the Content, the Database and the Access Services, including without limitation, any representation, warranty or covenant that (i) the Website, the Content, the Database or the Access Services will meet your needs of requirements; (ii) the Website, the Content, the Database or the Access Services will always be accurate, valid, complete, valid, current, reliable, or timely; (iii) that the operation of the Website will always be uninterrupted or error-free; (iv) that defects or errors in the Website, the Content, the Database or the Access Services, be it human or computer errors, will be corrected, (v) that the Website, the Content, the Database or the Access Services will be free from viruses, harmful components or any other contaminating or destructive properties; or (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that no advice or information, whether oral or written, obtained by you from Caregiverlistings.com, its agents or representatives, or from the Website, the Content, the Database or the Access Services shall create any representation or warranty if not also expressly stated in this Agreement. </p><p>DATABASE UP-TO-DATEDNESS. Caregiverlistings.com doesn�t guarantee that the caregivers registered on this website have up-to -date profiles/accounts. Clients understand that Caregiverlistings.com reminds caregivers by e-mail that they have to keep their profiles up-to-date by changing the information in their profiles to properly reflect their employment situation or to remove themselves from the database. Self Service Database Access Account clients also understand that if a caregiver chooses to ignore our e-mail reminders Caregiverlistings.com is not responsible for any inconvenience. There are no caregiver profiles in this database over three months or ninety days old.</p><p>LIMITATION OF LIABILITY. In the event of a breach of this Agreement by Caregiverlistings.com, your exclusive remedy shall be payment for any actual and direct loss to a maximum amount equal to the Fee you have paid to Caregiverlistings.com. Notwithstanding the foregoing, you agree that Caregiverlistings.com shall not be responsible or liable to you, to anyone claiming through you or to any third party for any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest, or any cause of action whatsoever resulting howsoever from or in connection with this Agreement, the provision of the Access Services, or any interruption in the use of or access to the Website, the Content, the Database or the Access Services, howsoever caused, or resulting from the negligence of Caregiverlistings.com or its service providers, directors, officers, managers, employees, agents, subcontractors or representatives. For greater certainty and without limiting the foregoing, in no event shall Caregiverlistings.com be liable to you or any third-party for any indirect, special, incidental or consequential damages in connection with or arising out of the performance or non-performance of this Agreement howsoever caused including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Caregiverlistings.com has been advised of the possibility of such damages), resulting from (i) the use of or the inability to use the Access Services, the Database or the Website; (ii) the cost of getting substitute goods and services resulting from any products, data, information or Access Services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) the download or upload of any material through the Website; (iv) unauthorized access to or alteration of the your or a Worker's data or transmissions; (v) statements or conduct of any Person using the Website, the Database or the Access Services; (vi) your reliance on or use of information, the Content, the Database or the Access Services provided under this Agreement or that result from mistakes, omissions, interruptions, deletion or corruption of files, defects, delays in preparation or transmission or any other failure of performance of the Website, the Content, the Database or the Access Services; or (vii) any other matter relating to the Website, the Content, the Database or the Access Services. You acknowledge and agree that your access to and use of the Website, the Content the Database and the Access Services is entirely at your own risk and liability.</p><p>INDEMNIFICATION. You agree to indemnify and hold Caregiverlistings.com and its service providers, directors, officers, managers, employees, agents, subcontractors or representatives harmless from and against any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest, or any cause of action whatsoever, including without limitation, the personal injury, death, property damage or other damage suffered by any Person resulting howsoever from: (a) your wrongful act or omission in connection with the use of the Access Services or the Website; (b) the infringement of any patent, copyright, trademark or design or unauthorized use of proprietary technical information by you in connection with the use of the Access Services or the Website; or (c) the content of any communications transmitted or received by you using the Access Services or the Website, including without limitation, in connection with claims of copyright infringement, defamation, passing off or acts of unfair competition.</p><p>Intellectual Property. Caregiverlistings.com assumes full ownership of its trademarked logo appearing on the Website. All text, images, graphics, animation, HTML, database coding, and other materials on the Website are subject to all copyright and other intellectual property rights of Caregiverlistings.com. These materials may not be reproduced, distributed, modified or reposted to other websites without the express written permission of Caregiverlistings.com.</p><p>Internet Links to Independent Websites. Internet links provided on the Website may lead to websites operated by independent website owners. You understand and agree that Caregiverlistings.com has no control or responsibility for the content of such independent websites and provides these links to you strictly for convenience purposes only and not as an endorsement by Caregiverlistings.com of any independent website or the content thereof. You further agree and understand that Caregiverlistings.com does not own, control or operate any independent website and makes no representation or warranty of any kind regarding any independent website, including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, validity, reliability, completeness, timeliness or suitability of any content on such independent websites; (ii) any representation, warranty or covenant regarding the merchantability, fitness for a particular purpose and/or non-infringement of any independent websites or material, content, software, goods, or services located at or made available through such independent websites; or (iii) any representation, warranty or covenant that the operation of such independent websites will be uninterrupted or error free, that defects or errors in such independent websites will be corrected, or that such independent websites will be free from viruses, harmful components or other contaminating or destructive properties. Neither Caregiverlistings.com nor its service providers, officers, directors, employees, agents, licensors, nor their respective successors and assigns, are responsible for any damages or losses caused by any delays, defects, or omissions that may exist in the services, information or other content provided in such independent website.</p><p>Passwords. To use certain features of the Website, you may also need a username and password, which you will choose through the Website registration process. You are responsible for maintaining the confidentiality of your password, user name and account, and are responsible for all activities that occur under your password, user name or account. You agree to notify Caregiverlistings.com immediately of any unauthorized use of your password, user name or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Caregiverlistings.com cannot and will not be liable for any loss or damage arising from Caregiverlistings.com's failure or your failure to protect your password, user name or account information. You are responsible for any and all damage or loss resulting from all use of your account, user name and/or password, whether expressly or impliedly authorized by you, unless your account, user name and/or password was or were disclosed or obtained through no fault or negligence of your own.</p><p>Governing Law and Jurisdiction. The Website is operated by Caregiverlistings.com from its offices in the City of Ottawa, Province of Ontario. You agree that this Agreement all matters relating to your access, or use of the Website and its Content shall be governed and construed in accordance with the domestic laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree that any litigation based on this Agreement or arising out of or in connection your access and use of the Website and the Content shall be brought and maintained exclusively in the courts located in Ontario and the appellate courts thereof and you hereby irrevocably attorn to the jurisdiction of such courts for the purpose of any such litigation and irrevocably agree to be bound by any judgment rendered thereby in connection with such litigation.</p><p>Entire Agreement. This Agreement, along with the Privacy Policy, the Caregiverlistings.com Conduct Rules and other applicable terms, conditions and disclaimers provided in the pages of the Website constitutes the entire and final agreement and understanding between you and Caregiverlistings.com with respect to the subject matter hereof and supercedes all prior agreements relating to the subject matter hereof, which are of no further force and effect.</p><p>Notice. Questions or comments regarding the Website should be directed by e-mail to the Webmaster at service@caregiverlistings.com.</p><p>Termination. Caregiverlistings.com may, in its sole discretion, terminate or suspend your right to use the Website, any part of the Website, the Database or the Access Services, at any time without notice. In the event of such termination, or suspension, you are no longer authorized to access, view or use the Website, any part of the Website, the Database or the Access Services affected by such termination or suspension. The restrictions imposed on you by the disclaimers, indemnities and limitation of liability set forth in this Agreement, shall survive termination or suspension of this Agreement for any cause. Caregiverlistings.com shall not be liable to you, to anyone claiming through you or to any other party for such termination or suspension.</p><p>Modification to Website. Caregiverlistings.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, any part of the Website, the Content, the Database or any part thereof, with or without notice. You agree that Caregiverlistings.com shall not be liable to you, to anyone claiming through you or to any third party for any modifications, suspension or discontinuance of the Website or any part thereof. Information on the price, availability, date, or location of the Access Services or any other service offered through the Website is subject to change without notice. In the event that the Access Services or any other service offered through the Website are listed at an incorrect price, date or location, due to a typographical error or other error, Caregiverlistings.com, in its sole discretion, shall have the right to correct such errors and provide the Access Services or other services at the corrected price, date or location to you without liability.</p><p>No Employment Relationship. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed by the Parties that nothing in this Agreement shall be deemed to create any relationship of employment or agency between you and Caregiverlistings.com. It is further agreed and understood by the Parties that Caregiverlistings.com acts only as an intermediary to facilitate the employment relationship between you and a Worker. Accordingly, you agree and understand that you, and not Caregiverlistings.com, are responsible for complying with any employment related legal obligations, including without limitation, the retention of payroll records, tax remittances, contributions to the Canada Pension Plan and any other obligations required under any statute, regulation, by-law or otherwise as a result of receipt by a Worker of any salary or other remuneration from you. You understand and agree that your use of the Website, the Database, the Content or the Access Services shall not constitute Caregiverlistings.com as your employee with respect to any services provided by Caregiverlistings.com in connection with this Agreement, including without limitation, your use of the Website, the Database, the Content or the Access Services. You further understand and agree that you shall not hold yourself out as the agent, representative, or employee of Caregiverlistings.com, nor shall you contract or incur obligations in the name of Caregiverlistings.com or otherwise act in any way that may result in the perception that you are an employee of Caregiverlistings.com.</p><p>Severability. In the event that any provision of this Agreement or part thereof shall be deemed void, invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, the Agreement shall continue in force with respect to the enforceable provisions and all rights accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision, shall, to the extent permitted by law, be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal or unenforceable provision.</p><p>Assignment. This Agreement and the rights, interests and obligations contained herein shall not be transferred, assigned or held in trust to the benefit of a third party by you without the prior written consent of Caregiverlistings.com. This Agreement shall be binding upon and enure to the benefit of each Party's respective successors and assigns. Notwithstanding any assignment of this Agreement, the assigning Party shall remain bound by the provisions hereof.</p><p>No Waiver. Any failure on the part of Caregiverlistings.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision or of any other rights or provisions contained herein.</p><p>Force Majeure. You acknowledge and agree that Caregiverlistings.com shall not be held liable for any loss, detention, damage, default or delay performing its obligations under this Agreement caused by or resulting from an "Event of Force Majeure". For the purposes of this Agreement, "Event of Force Majeure" means any act or omission beyond the reasonable control of Caregiverlistings.com, and includes any acts of God, nature, war (declared or undeclared), act or omission of government or any regulatory body, enactment of law, governmental regulation, riots, civil disturbance, power outage, acts of sabotage or terrorism, epidemics, fire or any other similar event; and also includes labour disputes, earthquakes or any other cause beyond the control and without the fault or negligence of Caregiverlistings.com.</p><p>Headings. The use of headings in this Agreement is for convenience only and shall not affect its interpretation.</p><p>Good Faith. Each Party shall have a duty to act in good faith in the performance and enforcement of this Agreement.</p><p>Interpretation. Except as otherwise expressly provided in this Agreement, or as the context otherwise requires: (a) words in this Agreement that import the singular connotation shall be interpreted as plural, and words that import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require; (b) unless expressly defined herein, words having well known technical or trade meanings shall be so construed; (c) all listings of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context reasonably requires; (d) the term "Parties" refers to you and Caregiverlistings.com and the term "Party" has a corresponding meaning; (e) the term "Person" means any individual, corporation, partnership, limited liability company, joint venture, association, joint-stock company, unincorporated organization, government or other agency or political subdivision thereof or any other entity; and (f) any reference to "Dollars" or "$" means Canadian dollars.</p><p>Caregiverlistings.com is a subsidiary of Western Labour Consulting Ltd. www.westerlabour.ca</p><p>You acknowledge that you are aware of the your right to obtain independent legal advice before using the Website and entering this Agreement. You hereby acknowledge and agree that such advice has been obtained or that you do not wish to seek or obtain such independent legal advice. You acknowledge and agree that you have read this Agreement in its entirety and fully understand and agree to the terms of this Agreement and further agree that all such terms are reasonable and that you have entered this Agreement strictly voluntarily and without duress.</p>
I agree to the Self Service Client Agreement.