Terms of Service (TOS) Including Waiver of Class Action Lawsuit, Waiver of Arbitration, Hold Harmless, Non-Disclosure, Confidentiality, Trade Secrets, Intellectual Property, and Non-Competition Agreements, as well as Artistic, Photo, Video, Profile, Voice, Resume, Background Checks, and Reference Checks Release.

Introduction

Acceptance of Terms

By accessing and using www.MyCG.Center and www.Caregivers.Agency, including any affiliated websites, applications, and services (collectively referred to as “the Platforms”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please refrain from accessing or using the Platforms.

Introduction

Welcome to www.MyCG.Center and www.Caregivers.Agency, and their affiliated websites, applications, and companies (hereafter collectively referred to as “MyCG”). We are dedicated to being innovative online platforms that empower Clients, Care Recipients, Social Workers, Agencies, Service Providers (hereafter referred to as “SP”), Caregivers (hereafter referred to as “CG”), and Care Provider Services (hereafter referred to as “CPS”) in finding ideal matches and advancing their careers. As proud endeavors of MyCG, we are committed to providing exceptional services and fostering meaningful connections within the Caregiving and Care Provider Service community. By accessing our websites and utilizing our services, you enter into a partnership with us, bound by the following Terms of Service.

By accessing or using the websites and services, you agree to comply with and be bound by these terms. If you do not agree with any part of these terms, you must not access or use the websites and services.

Acceptable Use Policy (AUP)

Prohibited Conduct: Our community thrives on mutual respect, integrity, and ethical behavior. Therefore, users must refrain from engaging in any conduct that violates these fundamental principles or infringes upon the rights of others. Prohibited actions include, but are not limited to, the uploading of harmful or inappropriate content, involvement in fraudulent activities, or impersonation of individuals or entities.

Privacy and Confidentiality: At MyCG, we prioritize the privacy and confidentiality of all interactions on our platforms. Every correspondence and interaction is treated with the utmost discretion and should be regarded as confidential and private. While we employ advanced tools and technologies to safeguard user information, we cannot guarantee immunity from data breaches. Therefore, users are encouraged to exercise caution and only share information they are comfortable disclosing, understanding that all shared content is voluntary and at their own risk.

Liability and Indemnity: While we endeavor to provide a secure and supportive environment, users must acknowledge the inherent risks associated with online interactions. MyCG and its websites cannot be held liable for any damages or liabilities arising from users’ interactions or shared content. By utilizing our services, users agree to hold MyCG and its websites harmless against any claims, losses, or damages incurred.

Commitment to Community: We believe in the power of collaboration and mutual support to drive positive change within the caregiving industry. Our platforms offer a range of services free of charge, aiming to facilitate meaningful connections and professional growth. However, the success of our community depends on the collective commitment of all users to uphold these principles and respect the rights and privacy of others.

Section 1. Disclaimer of Warranties

MyCG operates Caregivers.Agency (referred to as “the Website”) as a platform to facilitate connections between caregivers, care provider services (CPS), clients, and care recipients. By using the Website, you acknowledge and agree to the following disclaimer of warranties:

  1. As-Is Basis: The services provided by MyCG through the Website are provided on an “as-is” and “as available” basis. We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the information and services provided through the Website.
  1. No Endorsement: MyCG does not endorse, guarantee, or warrant the qualifications, skills, credentials, or background of any caregivers, care provider services, clients, or care recipients listed on the Website. We do not verify the accuracy or truthfulness of the information provided by users of the Website.
  1. User Responsibility: Users of the Website are solely responsible for evaluating the qualifications, skills, credentials, and background of caregivers, care provider services, clients, and care recipients listed on the Website. MyCG does not assume any responsibility for any interactions or transactions between users of the Website.
  1. No Warranty of Security: While MyCG takes reasonable measures to maintain the security and integrity of the Website, we cannot guarantee that the Website will be secure, error-free, or free of viruses or other harmful components. Users access the Website at their own risk.
  1. No Warranty of Compatibility: MyCG does not warrant that the Website will be compatible with all devices, browsers, or operating systems. Users are responsible for ensuring that their devices and software are compatible with the Website.
  1. No Warranty of Continuous Availability: MyCG does not warrant that the Website will be available at all times or that access to the Website will be uninterrupted. We may suspend or terminate access to the Website at any time for maintenance, upgrades, or other reasons.
  1. No Warranty of Fitness for a Particular Purpose: MyCG does not warrant that the services provided through the Website will meet your specific requirements or expectations. We do not guarantee any specific outcomes or results from using the Website.
  1. No Liability for User Content: MyCG does not endorse or guarantee the accuracy, reliability, or legality of any user-generated content posted on the Website. Users are solely responsible for their own content and any consequences of posting or transmitting such content.
  1. Disclaimer of Agency Relationship: MyCG is not an employment agency, referral agency, or caregiver placement agency. We do not employ caregivers or care providers, nor do we contract with clients or care recipients on behalf of caregivers or care providers. Users of the Website are independent parties responsible for their own actions and obligations.
  1. No Warranty Against Third-Party Actions: MyCG does not warrant that users of the Website will comply with applicable laws, regulations, or contractual obligations. We are not responsible for any actions or omissions of users of the Website, including but not limited to caregivers, care provider services, clients, or care recipients.
  1. No Warranty of Non-Infringement: MyCG does not warrant that the Website or any content available on the Website does not infringe upon the intellectual property rights of third parties. Users are responsible for ensuring that their use of the Website complies with all applicable laws and regulations regarding intellectual property rights.

By using the Website, you agree to waive any and all claims against MyCG arising out of or related to the foregoing disclaimers of warranties. You acknowledge that you have read, understood, and agreed to these disclaimers of warranties, and that they constitute an integral part of the Terms of Service governing your use of the Website.

Section  2. Account Registration and Security

Creating an account with Caregivers.Agency, owned by MyCG, entails a straightforward process designed to enhance user experience and facilitate seamless interaction with our platform. By registering an account, users acknowledge their responsibility for maintaining the security and confidentiality of their account credentials, recognizing that any activity conducted through their account is their sole responsibility.

Registration Process: To register an account with Caregivers.Agency, users must provide accurate and up-to-date information as prompted by the registration form. This may include personal details such as name, contact information, professional qualifications, and other pertinent information required for effective matching with potential clients or service providers. Users agree to provide truthful and accurate information and to promptly update their account details to ensure their information remains current.

Security Measures: Caregivers.Agency employs stringent security measures to safeguard user accounts and protect against unauthorized access or misuse. However, users bear the ultimate responsibility for maintaining the security of their account credentials, including their username, password, and any other authentication methods used to access the platform. Users must refrain from sharing their account credentials with third parties and take proactive measures to prevent unauthorized access to their account.

User Obligations: By registering an account with Caregivers.Agency, users agree to:

Liability Disclaimer: Caregivers.Agency and MyCG shall not be liable for any loss, damage, or unauthorized access resulting from the user’s failure to maintain the security of their account credentials. Users assume full responsibility for any activity conducted through their account, whether authorized or unauthorized, and agree to indemnify and hold Caregivers.Agency and MyCG harmless from any claims, losses, or damages arising out of or related to their failure to comply with these account security provisions.

By registering an account with Caregivers.Agency, users acknowledge and agree to abide by the terms outlined in this Account Registration and Security section. Failure to comply with these terms may result in the suspension or termination of their account, at the discretion of Caregivers.Agency and MyCG.

Section 3. Privacy and Confidentiality

Data Protection:

MyCG places paramount importance on the privacy and confidentiality of user data. While we implement security measures to protect personal information, it is essential to acknowledge that no system is infallible. The prevalence of data breaches in today’s digital landscape underscores the reality that even companies of considerable size and resources are not immune to such incidents. In light of these challenges, we advocate for a cautious approach to sharing information. Users are strongly advised to exercise discretion and refrain from disclosing any information they are not comfortable with being made public. This prudent approach aligns with our commitment to safeguarding user privacy and mitigating potential risks associated with data breaches. Please be aware of and agree to the classification and oversight of the data you provide. My Caregiver Center does not define nor validate your data and does not determine or give oversight to the type or content of the data you provide. Users must judiciously assess the information they choose to share and the potential risks attendant upon such disclosures. MyCG unequivocally discourages the dissemination of sensitive data, encompassing medical information or records, financial particulars, legal documentation, as well as any visual or auditory media that could compromise personal privacy. Defining if the data you submit is considered sensitive or a violation of any law is the responsibility of the user and not of MyCG. By availing themselves of our platforms, users expressly consent to absolve MyCG of all liability to the fullest extent permissible under the law, thereby waiving any entitlement to seek redress for damages incurred.

 Information Collection:

When users interact with our platforms, websites, personnel, storefronts, emails, text messages, and applications, we may collect certain information to enhance their experience and improve our services, as well as to facilitate offers. MyCG also processes information related to biometric collection, with the actual biometric information being submitted only to a U.S. Government Agency, such as the California Department of Justice, typically referred to as “Live Scan.” This process is commonly undertaken for the purpose of obtaining a state license or, in the case of most Caregivers and Care Provider Services, the HCA-ID (Home Care Aid Identification), which serves as the primary application for performing Live Scan. MyCG reserves the right to collect information on licensing itself, such as the license number, date of issuance, expiration date, and the disposition of the license with, for example, the California Department of Social Services or the equivalent government agency in a different state, including the validity of the license or ID in that state. This licensing or ID information may also be verified periodically. MyCG may also collect personal data such as names, emails, phone numbers, contact details, demographic information, references, background checks, biometric information, licenses, professional qualifications, user preferences, user capabilities, user origin stories, life stories, interviews, information that is helpful in match-making to Care Recipients, photos, videos, voice recordings, academic information, previous residences, living situations, and transportation information. Users provide their consent to the collection of this information by using our websites, physical locations, storefronts, and by providing their information through in-person submission or through means of communication, including sharing typically online or through an application.

 Use of Information:

a. Collection and Use:

b. Data Sharing and Disclosure:

c. User Rights and Control:

d. Changes to Use of Information:

Section 4. Confidentiality:

Secure Communications:

User Responsibility:

Section 5. Platform Safeguards:

Legal Compliance:

Section 6. Third-Party Services

External Links and Services:

User Discretion Advised:

No Liability:

Continuous Monitoring:

Section 7. Children’s Privacy

Age Restriction:

Inadvertent Data Collection:

Compliance and Responsibility:

Preventative Measures:

Section 8. Updates to Privacy Policy

Right to Amend Policy:

Notification and Transparency:

Acceptance of Changes:

Encouraging Awareness:

Section 9. Scope of Services and Limitations

a. Nature of Caregiving Services:

b. Employment and Professional Services:

c. Misuse of Platform:

d. Beyond Our Control:

 

Section 10. Contact Information for Queries and Complaints

Getting in Touch:

Specific Instructions for Use:

Response Time:

Continuous Improvement:

Section 11.  Content and Intellectual Property Rights

Caregivers.Agency, and MyCG, we recognize the importance of intellectual property rights and respect the creative efforts of our users. This section outlines the rights and responsibilities of users concerning the content they create, upload, or share through our platform, as well as Caregivers.Agency’s rights to its own intellectual property.

Our Ownership Rights:

Content and Materials Ownership: All content present on Caregivers.Agency, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, software, and all other intellectual property, is the exclusive property of MyCG or its content suppliers. This content is protected by United States and international intellectual property laws.

Compilation Ownership: The compilation of all content on our platform is the exclusive property of MyCG, with copyright in this collection owned by MyCG.

User’s Rights and Restrictions:

Limited License Grant: MyCG grants users a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the platform. This license does not permit downloading (except for page caching) or modification of any portion of it, except with express written consent of MyCG.

Prohibited Activities: Users are not allowed to engage in resale or commercial use of MyCG’s services or its contents; collection and use of any product listings, descriptions, or prices; any derivative use of the platform or its contents; downloading or copying of account information for the benefit of another merchant; or any data mining, robots, or similar data gathering and extraction tools.

Trademarks and Branding:

Ownership and Usage: Caregivers.Agency and MyCG retain all rights to their trademarks, service marks, logos, trade names, and other branding elements. Users agree not to use or reproduce any of Caregivers.Agency’s trademarks or branding without prior written permission.

Third-Party Trademarks: Trademarks not owned by MyCG that appear on the platform belong to their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyCG.

Copyrighted Material and User-Generated Content:

Copyright Compliance: Users must respect copyright laws and refrain from copying, downloading, transmitting, reproducing, printing, or exploiting any platform material for commercial purposes without prior written consent from MyCG.

User-Generated Content Rights: If the platform allows for user-generated content, users grant MyCG a non-exclusive, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

Interaction of User Information with Intellectual Property:

User Information and Intellectual Property: When users submit information to the platform, this information may interact with or be used in conjunction with MyCG’s intellectual property. Despite such integration, the ownership of the intellectual property remains solely with MyCG.

User Rights and Responsibilities: Users retain ownership of their original information. By submitting it, they grant MyCG a non-exclusive, worldwide, perpetual, and irrevocable license to use this information as part of its services. Users agree not to infringe upon the intellectual property rights of MyCG.

Protection and Compliance:

Rights Reserved: All rights in the intellectual property of MyCG are reserved and protected under United States and international laws. This includes all content, features, and functionality of the platform.

Legal Compliance: Users are responsible for ensuring that their use of the platform and its content complies with these Terms of Service and does not violate any applicable laws or regulations.

By creating an account and using Caregivers.Agency’s platform, users acknowledge and agree to abide by the terms outlined in this Content and Intellectual Property Rights section. Failure to comply with these terms may result in the removal of content, suspension, or termination of the user’s account, at the discretion of Caregivers.Agency and MyCG.

Section 12. Termination:

12.1 Termination by MyCG: MyCG reserves the right to terminate the access to and use of the Caregivers.Agency platform by any User, including Caregivers, CPS, Clients, or Service Providers (Agencies), at any time and for any reason, without prior notice. Reasons for termination may include but are not limited to:

(a) Breach of these Terms of Service; (b) Violation of applicable laws or regulations; (c) Conduct deemed harmful to the platform, its users, or its reputation; (d) Failure to pay any applicable fees or charges; (e) Any other conduct that MyCG, in its sole discretion, deems inappropriate or unacceptable.

12.2 Termination by User: Any User, including Caregivers, CPS, Clients, or Service Providers (Agencies), may terminate this agreement at any time by providing written notice to MyCG. Upon termination, the User must cease all use of the Caregivers.Agency platform and any associated services.

12.3 Effects of Termination: Upon termination of this agreement:

(a) The User’s access to the Caregivers.Agency platform and associated services will be terminated immediately; (b) MyCG may delete or deactivate the User’s account and any content associated with it, without liability to the User; (c) Any outstanding fees or charges owed by the User to MyCG shall become immediately due and payable.

12.4 Survival: The termination of this agreement shall not affect any rights or obligations that have accrued prior to termination, including but not limited to any payment obligations owed to MyCG by the User. Sections of these Terms of Service that by their nature should survive termination shall survive termination, including but not limited to the sections on Intellectual Property Rights, Limitation of Liability, Indemnification, and Dispute Resolution.

Section 12. Dispute Resolution

12.1 Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

12.2 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, you agree to first contact us and attempt to resolve the dispute informally. We will make good faith efforts to resolve the issue.

12.3 Exclusive Jurisdiction

If any dispute cannot be resolved informally, you agree that any legal action or proceeding between MyCG and you for any purpose concerning these Terms of Service or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Sheridan County, Wyoming, and you hereby consent to the exclusive jurisdiction of such courts.

12.4 Arbitration

You and MyCG agree to submit to the personal jurisdiction of the courts located within Sheridan County, Wyoming, for the purpose of litigating all such claims or disputes.

12.5 Waiver of Class Action

You waive any right to assert any claims against MyCG as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.

12.6 Prevailing Party

In any dispute between you and MyCG arising out of or related to these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such dispute.

12.7 Severability

If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Section 13. Dispute Resolution:

13.1 Governing Law: These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

13.2 Informal Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, you agree to first contact us and attempt to resolve the dispute informally. We will make good faith efforts to resolve the issue.

13.3 Exclusive Jurisdiction: If any dispute cannot be resolved informally, you agree that any legal action or proceeding between MyCG and you for any purpose concerning these Terms of Service or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Sheridan County, Wyoming, and you hereby consent to the exclusive jurisdiction of such courts.

13.4 Arbitration: You and MyCG agree to submit to the personal jurisdiction of the courts located within Sheridan County, Wyoming, for the purpose of litigating all such claims or disputes.

13.5 Waiver of Class Action: You waive any right to assert any claims against MyCG as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.

13.6 Prevailing Party: In any dispute between you and MyCG arising out of or related to these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such dispute.

13.7 Severability: If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Certainly, here’s the revised section with the emphasized prohibition on unauthorized cross-border data transfers:

Section 14. Unauthorized Cross-Border Data Transfers

Caregivers.Agency, owned by MyCG, strictly prohibits the unauthorized transfer of personal data outside of the user’s jurisdiction. Users are explicitly prohibited from engaging in cross-border data transfers without express authorization from MyCG and Caregivers.Agency.

1. Prohibition on Cross-Border Data Transfers

Any transfer of personal data outside of the user’s jurisdiction is unauthorized by MyCG and Caregivers.Agency. Users do not have permission for cross-border data transfers and must refrain from engaging in such activities.

2. Compliance Requirement

Users accessing Caregivers.Agency are required to comply with this policy and refrain from initiating or participating in cross-border data transfers without explicit authorization. Failure to adhere to this requirement may result in disciplinary action.

3. Authorization Process

Authorization for cross-border data transfers must be obtained directly from MyCG and Caregivers.Agency. Users seeking authorization must follow established procedures and obtain written consent before initiating any cross-border data transfer activities.

4. Violation Consequences

Violation of this policy on unauthorized cross-border data transfers may result in disciplinary measures, including account suspension or termination. MyCG and Caregivers.Agency reserve the right to take appropriate action against users found to be in breach of this policy.

5. Reporting Unauthorized Transfers

Users who become aware of unauthorized cross-border data transfers or suspect potential violations of this policy are encouraged to report such incidents to MyCG and Caregivers.Agency immediately. Prompt reporting allows us to investigate and address the issue effectively.

6. Legal Compliance

MyCG and Caregivers.Agency are committed to complying with all applicable data protection laws and regulations. Users must adhere to this policy to ensure compliance with legal requirements and maintain the integrity and security of personal data.

7. Policy Updates

This policy on unauthorized cross-border data transfers may be updated periodically to reflect changes in laws, regulations, or industry standards. Users will be notified of any material updates and are expected to review and comply with the revised terms.

Section 15. Links to Third-Party Websites or Resources

Caregivers.Agency, owned by MyCG and MyCG, may contain links to third-party websites or resources for informational purposes. These links are provided solely as a convenience to you and not as an endorsement by Caregivers.Agency or MyCG of the content, products, services, or practices of such third-party websites.

By accessing these third-party websites or resources, you acknowledge and agree that Caregivers.Agency, along with its owner MyCG and MyCG, are not responsible or liable for: