Your use of this website located at www.nqlx.com (“this Site”) is conditional on your acceptance of the terms and conditions of use set forth below ("Terms and Conditions"). By browsing, accessing, linking, using and/or downloading from this Site ("Access"), you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.
These Terms and Conditions are entered into between Eldercare Coordinator, Inc. and you. You expressly represent that you are of legal age and you are not prevented by any law from entering into this Terms and Conditions. If you are accessing the Site on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current services, including the release of new products or services.
1. Definitions: In addition to the terms defined throughout these Terms and Conditions, the terms "we", "us" and "our" refer to Eldercare Coordinator, Inc. The terms “you” and “your” refer to you the user of this Site.
2. Changes to Terms and Conditions: We reserve the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.
3. Eligibility: Only individuals who are competent to enter into legally binding contract can use this Site. You must be a registered user to use this site and to avail the services available on this Site.
4. Permitted and Prohibited Uses: Consistent with local, state and federal laws, we reserve the right to refuse to do business with any person in our sole discretion. This Site is intended for the lawful use of members of the general public. Subject to these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
o sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
o transfer the Content to any other person without our prior explicit written consent;
o use this Site in any manner that could damage, disable, overburden or impair this Site;
o upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
o interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
o infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
o disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
o use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
o transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
o upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
o attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of this Site.
5. Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by us. Any reproduction or use of the Content without our express prior written permission is prohibited. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights. Information posted on the Site belongs to the respective users. We respect the intellectual property of others and ask you to do the same.
6. Cookies: Upon your first visit to the Site, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of our service and to better understand how people interact with us. We do this by storing user preferences in cookies and by tracking user trends and patterns of how people search. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features or services of the site may not function properly without cookies.
7. Information: Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit through this Site, we do not guarantee the security of any information transmitted to or from this Site. You expressly agree that all information you post on the Site is true, accurate and current. You further agree to maintain and update this information and ensure that it remains true, accurate, and current.
8. Registration: To use certain services provided through this Site, you must register as a user of this Site. At the time of registration, you will be asked to choose a User ID and password. Registration is free for all Care Recipients. However if you register as a Caregiver or a Service Provider, we will charge you for placements or lead respectively. Please refer to the Caregiver and Service Provider pages for the fees. We reserve the right to change the fees at anytime without any prior notice to you. Please check this Site regularly for any fee change.
9. User ID & Password: You must protect your User ID and password needed to access certain sections of this Site, You expressly authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. You must notify us as soon as the you becomes aware of any unauthorized use of your User ID and password, and in such circumstances, you expressly agree not hold us liable for any losses arising as a result of such breach or unauthorized use
10. Feedback System: We provide a feedback system for all users. Please do not do anything that will undermine the integrity of the feedback system. You acknowledge that the feedback system is important in enabling users in choosing a caregiver or service provider. When you register as a caregiver or a service provider, you agree to receive feedbacks from other users who have availed of your services using this Site. The feedback will be accessible to general public who visit this Site and to other users of this Site. The feedbacks are provided by other users and we have no control over them. You expressly agree not to hold us liable for any of the feedbacks by other users.
11. Profile Posting: When you register as a caregiver or service provider on this Site, you can post your profile on this Site. When you post your profile on this Site, you represent that all information you post on your profile is true and current. You expressly agree not to create false profiles of any third party or fictitious profiles. You agree to allow other users of this Site to view your profile and contact you using this Site. You warrant that the information posted on your profile does not violate any State, Federal or International law.
12. Profile Browsing: When you browse profiles of other users on this Site, you expressly acknowledge that the information posted on the profiles is posted by the respective users. We do not have any method of ascertaining the accuracy of the information posted on the profiles. You act on such information at your own risk. You expressly warrant that you will not use the information posted on the profiles of other users to harass the other users or for any illegal purpose.
13. Links: This Site may contain to links to other external sites which do not belong to us. We do not verify the contents of such sites. We have no control over such sites. Your use of such other sites is solely at your risk. Your use of such sites is governed by their respective terms and conditions.
14. Platform: The Site acts as a platform connecting Care Recipient and Caregivers/Service Providers in a virtual marketplace. We only provide the platform and are not directly involved in the actual transactions between users of the Site. We are a neutral facilitator and have no control over the authenticity of the postings made on the Site by users nor do we vouch for the same. We cannot and does not confirm the identification details of users, except those details provided by the users at the time of registration. We also do not confirm nor verify the qualifications, background, or abilities of users. You should be careful and exercise common sense and good judgment when dealing with any user on the Site. You deal with the other users at your own risk. It is your sole responsibility to meet your payroll, tax and legal requirements arising out of any transaction you enter into with other users of this Site and you agree not to hold us responsible for the same.
15. Liability: All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of this site is solely at your risk. We shall in no event be liable to you for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused from your use of the contents of the Site. Neither we nor any of our officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this Site or the services provided through this Site or the inability to gain access to or use this Site or services or out of any breach of any warranty, even if we have been advised of the possibility of such damages.
16. Indemnity: You agree to defend, indemnify and hold harmless us, our directors, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions.
17. Disclaimer: We not responsible for the success or failure of any your decisions relating to any information presented through this Site or its contents. The site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided through the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you or your background. Therefore we do not guarantee or imply that you will succeed by using this Site or its contents. There is no assurance you will do well. You agree that we are not responsible for any success or failure that you may experience as a result of using the Site or its contents. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortuous behavior, negligence or any other cause of action.
18. Termination: We reserve the right to terminate your access to this Site or use of the services provided through this Site if:
a) you use profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortuous, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any of our employee or other users of this Site.
b) you use this Site for any of the prohibited uses listed in this Terms and Conditions or violate any provision of this Terms and Conditions, we reserve the right to terminate your access to this Site or use of the services provided through this Site.
c) you use pornographic or otherwise illegal content on your profile.
19. Choice of law: These Terms and Conditions shall be deemed to have been made and performed exclusively in the State of New Jersey and shall be governed by and construed under the laws of New Jersey and the laws of United States applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of New Jersey for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us or any officer, director, partner or employee thereof in any jurisdiction other than State of New Jersey.
20. General: Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. You expressly agree that no agency relation is created or established by your use of this Site. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within three (3) months after the claim or cause of action arises.
21. Modification/Changes: We reserve the right to modify or discontinue this Site and the products and services available on the site without any notice or liability to you.
22. Acceptance: When you access this Site, it signifies your acceptance of this Terms and Conditions.
PRIVACY POLICY
We have established this Privacy Policy so that you can understand how we treat your Personal Information.
Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However to use certain services of the Site, you must provide us with your personal information.
If you choose to provide us with your Personal Information on the Web, we may transfer that Information to our third-party service providers anywhere in this world.
We strive to comply with all applicable laws around the globe that are designed to protect your privacy. Although legal requirements may vary from jurisdiction to jurisdiction, we intend to adhere to the principles set forth in this Privacy Policy even if, in connection with the above, we transfer your Personal Information to jurisdictions that may not require an "adequate" level of protection for your Personal Information. In other words, our goal is to provide protection for your Personal Information no matter where that Personal Information is collected, transferred, or retained.
We use this information to:
• Improve and customize the content and layout of the Site and other materials
• Notify you of updates to the Site.
• Notify you of relevant products and services.
• Notify you of upcoming events and programs
Under no circumstances will we sell or receive payment for licensing or disclosing your personal information. We will not rent or sell your personally identifying information to other companies or individuals, unless we have your consent. We may share such information in any of the following limited circumstances:
• We have your consent.
• We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures.
• We are required to do so by law
• We have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect our rights, property or safety and that of users or the public.
While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.
By using this Site, you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes given above as well as those explained where we collect Personal Information on the Site. Should the Privacy Policy change, we will take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on the Site for a reasonable period of time.