TERMS OF USE AGREEMENT

 

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12.

 

These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use The Lindsey Agency’s website and/or The Lindsey Agency’s services (as defined below). Certain services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those services ("Additional Terms"). In those cases, the applicable Additional Terms are set forth in the printed or online service materials relating to those services.

 

• Please read these Terms and any applicable Additional Terms before using this website or our services. By using this website or our services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of this website or our services ("Registered Users").

 

• This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against The Lindsey Agency to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 12 "Agreement to Arbitrate") no later than 30 days after the date you first use The Lindsey Agency’s website or our services. Unless you opt out: (1) you will only be permitted to pursue claims against The Lindsey Agency on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis

 

• These Terms include The Lindsey Agency’s Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use this website or our services.

 

• These Terms are subject to change by The Lindsey Agency at any time, subject to the following notification process. The Lindsey Agency will notify you about material changes in these Terms by sending a notice to the email address provided in your application, or by placing a prominent notice on our website, so that you can choose whether to continue using our services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our website. You should periodically check www.TheLindseyAgency.com for updates. Any use of this website or the services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

 

For purposes of these Terms, and except to the extent expressly excluded below, the "website" shall mean www.TheLindseyAgency.com and any other websites, webpages, mobile applications and mobile websites operated by The Lindsey Agency, LLC (“Lindsey Agency”, "www.TheLindseyAgency.com", “www.TheLindseyAgency.org”, "we", “our” or “us”) in the United States, and the "services" shall mean any of the various services that The Lindsey Agency provides through this website or any other channels, including without limitation, over the telephone and electronic mail (email).

 

However, the terms "website" and "services" do not include or involve the following:

 

• Websites, webpages, mobile applications and mobile websites (and services offered through such channels) operated by our affiliates or third parties. The websites and the services offered by such other affiliates and third parties are subject to separate terms to which users of such websites and/or services must separately agree, which can be found on their respective websites and/or service materials or within the relevant mobile applications.

 

• Websites, webpages, mobile applications, and mobile websites (and services offered through such channels) operated by The Lindsey Agency which have separate Terms that do not expressly incorporate these Terms by reference.

 

• Third-party entities such as childcare centers, nanny agencies, tutoring centers, in-home care agencies and other corporate care providers that may use The Lindsey Agency website or our services to market their services and/or recruit employees.

 

For purposes of these Terms, and except to the extent expressly excluded in this agreement, the term “care seeker” shall mean any family, persons or person seeking services (House Management, Nanny, Housekeeping, Groundskeeping, Pet Sitting).

 

For purposes of these Terms, and except to the extent expressly excluded in this agreement, the term “care provider” shall mean any persons or person seeking  employment in one or more of the services (House Management, Nanny, Housekeeping, Groundskeeping, Pet Sitting).

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TERMS OF USE

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1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES

 

1.1. About Our Services

 

The Lindsey Agency offers various services to help its users find, coordinate and maintain quality household and childcare services. The services we offer include, among others:

 

• A platform for individuals: seeking care and those who provide care services (House Management, Nanny, Housekeeping, Groundskeeping, Pet Sitting); to post and search jobs and to search for, narrow, find, and communicate with individuals and entities who seek care and provide care services.

 

• Tools and information to help care seekers and care providers make more informed decisions, such as (i) our COVID-19 safety guide, (ii) COVID-19 testing on care providers, and (iii) a process for care seekers to obtain and care providers to provide background check reports from third-party consumer reporting agencies on individual care providers who consent to sharing of these reports.

 

• Assistance service in narrowing down the list of care seekers and care providers to choose from based on their respective care goals and preferences as communicated to us.

 

• An online community for care seekers and care providers to communicate and share information with other applicants who share a common interest or bond.

 

• Access to various third-party benefits for eligible care seekers and care providers, including, without limitation, those that offer access to health insurance, tax assistance, financial management resources, and other benefits.

 

The Lindsey Agency’s services will continue to grow and change. Please refer to our website periodically for further information about the services we provide.

 

1.2. Limitations of Our Services

 

The Lindsey Agency offers services to help our users find, coordinate, and maintain care or provide care. However:

 

• except where specifically provided in these Terms, in any applicable Additional Terms, or on the website itself.

 

• except for backup care providers employed by other agencies.

 

The Lindsey Agency does not employ care seekers or care providers; therefore, we are not responsible for the conduct, whether online or offline, of any care seeker, care provider, or other user of this website or our services. Care seekers and care providers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).

 

The Lindsey Agency does not control user-generated content, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by care providers or care seekers on or off this website. Therefore, we do not assume and expressly disclaim any liability that may result from the use of information provided on our website. However, we do conduct extensive research to ensure the information provided on this website and that which is received from care seekers and care providers is as accurate as possible before communicating that information to the care seekers and care providers we serve.

 

The Lindsey Agency does not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by care seekers and care providers, nor do we require care providers to accept or work any jobs or deliver any services at all.

 

The Lindsey Agency does not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.

 

1.3. User Responsibilities

 

Care seekers and care providers of our services are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate care seeker or care provider for themselves or their family.

 

Care seeker and care providers are responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the care provider selected by the care seeker, as well as that care provider's eligibility to work in the United States.

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2. ELIGIBILITY TO USE THIS WEBSITE AND OUR SERVICES

 

If you use this website or our services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

 

• You intend to use this website and our services solely for the purpose of finding, managing or providing care-related services, or for finding or sharing information relating to care-related services.

 

• Our services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not use this website or our services.

 

• This website and our services are currently available only to individuals who reside legally in the United States or the territory of the United States.

 

• If you are applying to be a care seeker or a care provider, you must be authorized to employ or legally work within the United States or its territories.

 

• Neither you nor any member of your household may have ever been:

 

i. the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:

 

• any felony;

• any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or

• any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.

 

ii. registered, or currently required to register, as a sex offender with any government entity.

 

• You must not be a competitor of The Lindsey Agency or using our services for reasons that are in competition with The Lindsey Agency.

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3. RULES FOR USER CONDUCT AND USE OF OUR SERVICES

 

3.1. Registration, Posting, and Content Restrictions

 

The following rules pertain to "content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through this website or our services, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"):

 

• Any content that you post, upload or transmit to or through this website or our services is solely for the purpose of finding or managing care-related services, or for finding or sharing information relating to care-related services.

 

• You are responsible for providing accurate, current and complete information in connection with your use of this website and our services.

 

• You will submit applications in your own legal name, even if you are seeking or providing care-related services for another individual.

 

• Unless otherwise permitted by The Lindsey Agency, all content you post will be in English as this website and our services generally are not supported in other languages.

 

• You are solely responsible for any content that you post on this website or transmit to other users of this website. You will not post on this website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, 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), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any content emanates from The Lindsey Agency where this is not the case.

 

• You will not provide inaccurate, misleading, defamatory or false information to The Lindsey Agency or to any other user of this website, and all opinions stated as part of content must be genuinely held. Without limiting the foregoing, you represent and warrant to The Lindsey Agency that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any content you post to post such content.

 

• You understand and agree that The Lindsey Agency, in its sole discretion, review, edit, and delete any content, in each case in whole or in part, that in the sole judgment of The Lindsey Agency violates these Terms or which The Lindsey Agency determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of this website or others.

 

• You have the right, and hereby grant, to The Lindsey Agency, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by The Lindsey Agency will not infringe or violate the rights of any third party.

 

• Your use of our services, including but not limited to the content you post on this website, must be in accordance with any and all applicable laws and regulations.

 

• The Lindsey Agency welcomes your feedback and questions about this website and our services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the website, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of The Lindsey Agency and we may use all such communications, all without notice to, consent from, or compensation to you.

 

As care seeker and care provider content is primarily user generated, we do not control such content, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any content provided by care providers or care seekers on or off this website, including any content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold The Lindsey Agency harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this website or in any other venue.

 

Opinions, advice, statements, offers, or other information or content made available on this website or through the website, but not directly by The Lindsey Agency, are those of their respective authors. Such authors are solely responsible for such content. The Lindsey Agency does not: (i) guarantee the accuracy, completeness, or usefulness of any information on this website or available through our services, 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 this website or through our services. Under no circumstances will The Lindsey Agency or its affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on this website or transmitted to or by any user of this website or our services; or (b) reviews or comments made on this website by other users.

 

You agree that The Lindsey Agency has no obligation to remove any reviews or other information posted on this website or any other person or entity. If you disagree with a review, you may post rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your application and re-apply in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.

 

3.2. Exclusive Use

 

If you are a care seeker, you may use your application only to find care for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian, or children of another care seeker with whom you are entering a shared child care arrangement. If you are a care provider, you may use your application only to find care-related jobs for yourself. You are responsible for all information on your application and you may not assign or otherwise transfer your application to any other person or entity.

 

3.3. Prohibited Uses

 

By using this website or our services, you agree that you will not under any circumstances:

 

• use this website, our services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

 

• use this website or our services for any fraudulent or unlawful purpose, for any purpose unrelated to seeking care or providing care, or for any other purpose not expressly intended by The Lindsey Agency;

 

• harass, abuse or harm another person or group, or attempt to do so;

 

• use another applicant's application;

 

• provide false or inaccurate information when applying on www.TheLindseyAgency.com, using our services or communicating with other registered users;

 

• attempt to re-apply with The Lindsey Agency if we have terminated your application for any or no reason, or terminate your registration and re-register in order to prevent a review from being associated with your application;

 

• interfere or attempt to interfere with the proper functioning of The Lindsey Agency's website or our services;

 

• make any automated use of this website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our website or network infrastructure;

 

• bypass any robot exclusion headers or other measures we take to restrict access to our website or use any software, technology, or device to scrape, spider, or crawl our website or harvest or manipulate data (whether manually or through automated means);

 

• use the communication systems provided by or contacts made on www.TheLindseyAgency.com for any commercial solicitation purposes other than those expressly permitted by The Lindsey Agency;

 

• publish or link to malicious content intended to damage or disrupt another user's browser or computer.

 

Should we find that you violated the terms of this section or any terms stated herein, The Lindsey Agency reserves the right, at its sole discretion, to immediately terminate your use of this website and our services.

 

By using this website and/or services, you agree that The Lindsey Agency may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain care seeker or care provider information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from this website, or (ii) otherwise mis-use or mis-appropriate website content, including but not limited to, use on a "mirrored", competitive, or third party website. This obligation shall be in addition to any other rights The Lindsey Agency may have under these Terms or applicable law. Further, in order to protect the integrity of this website and our services, The Lindsey Agency reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing this website.

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4. BACKGROUND AND VERIFICATION CHECKS

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4.1. Applicant Background Check

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The Lindsey Agency offers to individuals who have applied as care seekers and care providers one or more background check services from third-party consumer reporting agencies ("Background Checks"). Certain background checks may be made available for purchase by both care seekers and care providers, while others may only be made available for purchase by care seekers or care providers. All background checks require payment of a separate fee by the applicant who is initiating the background check request and are subject to the consent of the care seeker and the care provider on whom the check is being performed.

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Each background check is regulated by the Fair Credit Reporting Act ("FCRA"), and the background report resulting from these services are considered "consumer reports" under FCRA. 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.

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The Lindsey Agency will receive a copy of each background check you order or authorize through The Lindsey Agency. See Section 4.4 below for information regarding The Lindsey Agency’s use of these background checks. You are responsible for making sure that the email address you provide to The Lindsey Agency is correct; sensitive information will be emailed to you.

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If you are a care seeker or care provider and you authorize a third-party background check ordered by a care provider or care seeker, the results of that background check will be made available to the care seeker or care provider who ordered it, regardless of its contents.

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If you are a care seeker or care provider and you have ordered a background check on yourself from a third-party consumer reporting agency through The Lindsey Agency, we may indicate in your application  that you have completed that background check. However, we will not share the results without your specific authorization.

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4.2. Non-Applicant Background Check

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The Lindsey Agency may from time to time offer to individuals who may or may not be applicants of our services the opportunity to purchase certain background checks on applicants who have not necessarily applied with The Lindsey Agency. These background checks are performed by official government agencies and are subject to the terms of Section 4.1, 4.3, and 4.7 except that (i) references to care seekers shall refer to individuals who order the background check regardless of whether they have applied as a care seeker, (ii) references to care providers shall refer to individuals who authorize the background check to be performed on themselves regardless of whether they have applied as a care provider, and (iii) The Lindsey Agency does not view the results of these background checks regardless of whether the caregiver on whom the background check is performed has applied as a care provider.

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4.3. Fair Credit Reporting Act (FCRA)

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The use of any background check reports obtained through The Lindsey Agency is governed by the Fair Credit Reporting Act (FCRA) and certain state laws. If you order or request access to background check on a care seeker or care provider, you are considered an end user of the check, and must agree to a required End User Certification before the background check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained in the background check can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is negative data in a background check you receive, and you choose to take "adverse action" (i.e. if you choose to pass on that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.

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These steps include notifying the individual who is the subject of the background check of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. Depending on the specific background check you order, The Lindsey Agency may provide a mechanism for you to request that the consumer reporting agency who performed the background check complete these steps on your behalf. Where such a mechanism is not available, you are responsible for making any required notifications yourself. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.

 

Under no circumstance will The Lindsey Agency release an individual’s background check without the written consent of the individual the background check is conducted on.

 

4.4. Review and Use of Background Checks

 

By using this website to apply for our services as a care seeker or care provider, and subject to your authorization, you acknowledge and agree that The Lindsey Agency may review and use any background checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of The Lindsey Agency and those which whom we represent and our website users, which may, in the case of certain care-related services, be considered an employment purpose pursuant to the Fair Credit Reporting Act. The Lindsey Agencies reserves the right to terminate your application based on the information contained in such report, even if such information was subsequently dismissed.

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If we terminate your application or access to this website on the basis of information in a background check, The Lindsey Agency will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We 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 The Lindsey Agency does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these background checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not The Lindsey Agency.com.

 

4.5. Background Check Ordering and Use

 

By applying for and using our services as a care seeker or care provider, you hereby acknowledge and agree that The Lindsey Agency 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 screenings on you for the purpose of protecting the safety and integrity of The Lindsey Agency and those whom we serve, which may, in the case of certain care seekers and care providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a care seeker or care provider, The Lindsey Agency may order these screenings when you apply with The Lindsey Agency and thereafter in connection with your continued use of our services and/or interaction with our website (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a background check, etc.). Preliminary screening may also be conducted, which are regulated by FCRA. The information resulting from this process is generally considered a "consumer report" under FCRA.

 

You understand and agree that The Lindsey Agency may review the information provided by the third-party consumer reporting agency and that we retain the right to terminate your application based on the information it receives from these checks, even if such information was subsequently changed or corrected. If we terminate your membership or access to this website on the basis of information in a background report, The Lindsey Agency will notify you and provide you the name and contact information of the consumer reporting agency that created the report. The Lindsey Agency will also provide you access to 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 The Lindsey Agency 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 The Lindsey Agency) within the time period specified in your notice. Notwithstanding this, you agree that The Lindsey Agency is under no obligation to reinstate any application we may have terminated even if the information that led to the termination is subsequently changed or corrected.

 

BY AGREEING TO THESE TERMS AND USING OUR WEBSITE, AND, IF APPLICABLE TO YOU AS A CARE SEEKER OR CARE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW THE LINDSEY AGENCY TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE LINDSEY AGENCY.

 

4.6. Periodic Verification

 

By applying as a care seeker or care provider, subject to your additional authorization, you authorize The Lindsey Agency, and acknowledge that for purposes of promoting the safety and integrity of The Lindsey Agency and those whom we serve, we reserve the right, but not the obligation, to utilize third-party service providers to verify on an ongoing basis that the information you provided to us is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true. 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.

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You agree that The Lindsey Agency 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 application or website usage, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for The Lindsey Agency.

 

You also hereby represent, understand and expressly agree that The Lindsey Agency does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a verification check. We do 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 in accordance with applicable laws.

 

BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE SEEKER OR CARE PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW THE LINDSEY AGENCY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE LINDSEY AGENCY.

 

4.7. Background Check Limitations

 

SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.

 

This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through The Lindsey Agency; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).

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In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If an applicant provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.

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If you decide to access, use, or share information provided by a background check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless The Lindsey Agency from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a background check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.

 

You expressly acknowledge that The Lindsey Agency will perform Background Checks, Internal Background Checks, or Verification Checks on all applicants. To the extent we perform such checks, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information the applicant has provided.

 

5. TERMINATION

 

The Lindsey Agency reserves the right, in its sole discretion, to immediately terminate your access to all or part of the www.TheLindseyAgency.com website and/or our services, to remove your application and/or any content posted by or about you from our website, and/or to terminate your application with The Lindsey Agency, with or without notice for any reason or no reason in its sole discretion, including without limitation if The Lindsey Agency should determine that you are not eligible to use our services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as an applicant, have mis-used or mis-appropriated website content, including but not limited to use on a "mirrored," competitive, or third-party website. Upon termination, The Lindsey Agency shall be under no obligation to provide you with a copy of any content posted by or about you on this website. If we terminate your application, we have no obligation to notify you of the reason, if any, for your termination.

 

You understand and agree that, following any termination of any individual's use of this website or our services, The Lindsey Agency has the right, but not the obligation, to send a notice of such termination to other applicants with whom we believe the individual has corresponded. Our decision to terminate an individual's application and/or to notify other applicants with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.

 

6. PRIVACY

 

The Lindsey Agency uses the information you provide on this website or via our services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

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7. LINKS TO EXTERNAL WEBSITES

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Links from this website to external websites (including external websites that are framed by The Lindsey Agency) or inclusion of advertisements and other third-party content on this website, do not constitute an endorsement by The Lindsey Agency of such websites or the content, products, advertising and other materials presented on such websites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience. The Lindsey Agency does not control third-party websites or the content on these websites and is not responsible for them.

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Such websites and content are governed by their respective owners' terms of use and privacy policies, and not these Terms or The Lindsey Agency’s Privacy Policy. We expressly disclaim any liability derived from the use and/or viewing of links that may appear on this website. All users hereby agree to hold The Lindsey Agency harmless from any liability that may result from the use of links that may appear on this website.

 

8. RELEASE OF LIABILITY FOR CONDUCT AND DISPUTES

 

By using this website or our services, you hereby represent, understand, and expressly agree to release and hold The Lindsey Agency harmless from any claim or controversy that may arise out of:

 

• the actions or inactions of, or the relationship between, you and any care seeker, care provider or other user(s) of this website that; and

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• any information, instruction, advice or services created by any care seeker, care provider, or other third party that appeared on, or was communicated with through, this website.

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The Lindsey Agency 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, from the above.

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9. AGE RESTRICTION

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The Lindsey Agency is intended for people 18 years of age or older. We will not knowingly collect any information from individuals under 13 years of age. Should we determine that you do not meet the age requirements for using our website or our services, your application will be terminated immediately.

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10. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION

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10.1. No Warranty

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The information and materials contained on this website, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through our services, but not directly by The Lindsey Agency, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

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THE LINDSEY AGENCY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE LINDSEY AGENCY; (3) WARRANT THAT YOUR USE OF THIS WEBSITE OR OUR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LINDSEY AGENCY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

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IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, THE LINDSEY AGENCY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR WEBSITE WHO IS A CARE SEEKER OR ANY USER OF OUR WEBSITE WHO PROVIDE SERVICES AS A CARE PROVIDER. IN NO EVENT WILL THE LINDSEY AGENCY OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

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10.2. Assumption of Risk

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The Lindsey Agency takes certain steps to help promote the safety of our website and our services, we understand that finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of care seekers or care providers, and we cannot guarantee that all of your interactions with other applicants, website visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using this website and our services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of this website or our services. You also agree not to rely solely on steps The Lindsey Agency may take to vet or screen care seekers and care providers and/or their content, or otherwise to promote the safety of this website and our services. You further agree to take all necessary precautions when interacting with other website visitors, applicants, their families, and others associated with them.

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10.3. Limitation of Liability

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Incidental Damages and Aggregate Liability. In no event will The Lindsey Agency be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use this website or our services, including without limitation damages related to any information received from this website or our services, removal of content from this website, including profile information, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any termination of your application or ability to access this website or our services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if The Lindsey Agency, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

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UNDER NO CIRCUMSTANCES WILL THE LINDSEY AGENCY AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OUR SERVICES OR THIS WEBSITE.

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IN NO EVENT WILL THE LINDSEY AGENCY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THIS WEBSITE OR OUR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THIS WEBSITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THIS WEBSITE OR OUR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE SUBMITTED APPICATIONS UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

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In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on this website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Lindsey Agency makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through this website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

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10.4. Indemnification

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By agreeing to these Terms, users of this website and our services agree to indemnify, defend and hold harmless The Lindsey Agency and its affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by The Lindsey Agency and its affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through this website, (ii) use of this website or our services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a care seeker or care provider using this website or our services. Users further agree that they will cooperate as reasonably required in the defense of such claims. The Lindsey Agency and our affiliates reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of The Lindsey Agency. Users further agree to hold harmless The Lindsey Agency and its affiliates from any claim arising from a third party's use of information or materials of any kind that users post to this website.

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