Terms of Services

Terms of Services

1. Acceptance of terms; modifications.

These Terms of Service (the “Terms”) are a binding legal agreement between you and Trust Caregivers Inc. (“Trustcaregivers.com,” “we,” “us” and “our”).   The Terms govern your use of our software applications, resources and services for clients seeking care and care providers to find each other, communicate with each other, and arrange for the provision of care services (collectively, our “Trustcaregivers.com Service”).  The Terms govern all use of the Trustcaregivers.com Service, whether you access it from our website at https://www.trustcaregivers.com(the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. By accessing or using the trustcaregivers.com service, you accept these terms. if you do not agree with these terms, you should not accept them, in which case you do not have the right to use the trustcaregivers.com service.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately (except as otherwise described in Section 18.9 below) when we post the modified Terms on the Trustcaregivers.com Service.  Your continued access and use of the Trustcaregivers.com Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Trustcaregivers. Com service.

  • 2.1  Nature of the Trustcaregivers.com Service.  The Trustcaregivers.com Service consists of a desktop Web application, mobile applications, and other related tools, support and services that Seniors or families of seniors (“Client”) and providers of Care-related services (“Service Providers”) can use to find, communicate with and interact with each other.   The Trustcaregivers.com Service includes our educational materials for Service Providers, our Matching Service, our Resolution Center, and other related services.   We charge fees for some aspects of the Trustcaregivers.com Service, as described below in Section 10.
  • 2.2  Trustcaregivers.com does not provide Care Services.  Trustcaregivers.com is a neutral venue for Service Providers and Clients.  Trustcaregivers.com is not a Service Provider and does not provide  care services.   We make no representations or warranties about the quality of care, transportation, or other services provided by Service Providers (“Caregivers”), or about your interactions and dealings with users. Though we provide general guidance on our Site to Service Providers about safety and care and to Clients about selecting and engaging Service Providers, Trustcaregivers.com does not employ, recommend or endorse Service Providers or Clients, and we will not be responsible or liable for the performance or conduct of Service Providers or Clients, whether online or offline.  We conduct an initial review of Service Provider applications and we facilitate background checks on Service Providers conducted by a third party, but, except where explicitly specified in the Trustcaregivers.com Service (and then only to the extent specified), do not otherwise screen Service Providers or Clients.  You should exercise caution and use your independent judgment before engaging a Service Provider, providing services, or otherwise interacting with users via the Trustcaregivers.com Service.  Clients and Service Providers are solely responsible for making decisions that are in the best interests of themselves and the person seeking care.  For example, each user of the Trustcaregivers.com Clients are responsible for keeping current his or her own medication.
  • You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on our Site or other websites linked to or from it or obtained through our Services.
  • 2.3  Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of service providers and clients, whether online or offline. you acknowledge and agree that your use and/or provision of care services is at your sole and exclusive risk..
  • 2.4  Transactions are between Clients and Service Providers.  The Trustcaregivers.com Service may be used to find and offer Senior Care Services and to facilitate payment, but all transactions conducted via the Trustcaregivers.com Service are between Clients and Service Providers.   Except for the limited refunds of Trustcaregivers.com’s fees described in Section 10.5, you agree that Trustcaregivers.com has no liability for damages associated with Care Services (which may include bodily injury to, or death) or resulting from any other transactions between users of the Trustcaregivers.com Service.
  • 2.5  Bookings.  Clients and Service Providers transact with each other on the Trustcaregivers.com Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of are Services (a “Booking”).  One you complete a Booking, you agree to honor the price and other terms of that Booking.   
  • 2.6  Clients are Solely Responsible for Evaluating Service Providers.  Clients are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide.   Though Trustcaregivers.com performs a limited review of applications to become Service Providers and facilitates Service Provider  background checks conducted by a third party, any such screening is limited, and Trustcaregivers.com does not warrant that any such screen is accurate, complete, conclusive or up-to-date.  Similarly, Trustcaregivers.com does not endorse reviews of Service Providers by other Clients that may be available via the Trustcaregivers.com Service, and Trustcaregivers.com makes no commitments that such reviews are accurate or legitimate.
  • 2.7  Emergencies.  We recommend that Clients give their Service Providers contact information for an emergency contact where they can be reached in the event of an emergency. After seeking medical attention, Service Providers agree to immediately contact the Emergency Contact in the event such care becomes necessary or, if contact information for the Client’s emergency contact is not available, to contact Trustcaregivers.com. If you are a client, you hereby authorize your Service Provider and Trustcaregivers.com to obtain and authorize medical assistance in an emergency situation.
  • 2.8  Consultation Services.  Trustcaregivers.com may offer Clients and Service Providers phone, chat, or email consultation to provide an educational resource for decisions you make about best practices for care.  These consultation services are suggestions on best practices, and are not a part of the Trustcaregiver.com Service.
  • 2.9 Personal Services Agreement.  All service providers on and using Trustcaregivers.com agree to act as an independent contractor and are not employed by Trust Caregivers inc.

3. Eligibility.

By accessing and using the Trustcaregiver.com Service, you certify that (1) you are 18 years of age or older, and (2) if registering to be a Service Provider, you are legally eligible to work in the jurisdiction where you will provide Care Services, you have complied and will comply with all federal, provincial and municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Care Services. You acknowledge that Trustcaregivers.com is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.

4. Use of the trustcaregivers. Com service; suspension.

  • 4.1  Your Conduct on the Trustcaregivers.com Service.  When you use the Trustcaregivers.com Service, you agree:To use the Trustcaregiver.com Service only in a lawful manner and only for its intended purposes.
    Not to submit viruses or other malicious code to or through the Trustcaregiver.com Service.
    Not to use the Trustcaregiver.com Service, or engage with other users of the Trustcaregiver.com Service, for purposes that violate the law.
    Not to use the Trustcaregiver.com Service to arrange for the provision and purchase of services with another user, then complete transactions for those services offline.
    Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
    Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
    Not to post “spam” or other unauthorized commercial communications.
    To use the Trustcaregivers.com Service only for your own purposes, and not to impersonate any other person.
    Not to transfer or authorize the use of your account for the Trustcaregiver.com Service by any other person.
    Not to provide false information in your profile on, or registration for, the Trustcaregivers.com Service.
    Not to interfere with our provision of, or any other user’s use of, the Trustcaregivers.com Service.
    Not to solicit another user’s username and password for the Trustcaregivers.com Service.
  • 4.2  Suspension and Termination.  You understand and agree that we have no obligation to provide the Trustcaregiver.com Service to you, nor any obligation to continue providing it once we have begun.  If we believe your conduct on the Site or Trustcaregivers.com Service is inappropriate or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Trustcaregiver.com Service in our sole discretion.

5. Registration; Account Security.

In order to use some aspects of the Trustcaregivers.com Service, you will be required to create a username, password, and user profile.  If you elect to use the Trustcaregivers.com Service, you agree to provide accurate information about yourself and keep this information up-to-date.  You agree not to impersonate anyone else and not to maintain more than one account.  You are responsible for maintaining the confidentiality of your username and password for the Trustcaregivers.com Service, and you agree not to authorize anyone else to use your username and password.  You are responsible for all activity under your account.  You agree to notify us promptly of any unauthorized use of your account.

6. Privacy.

Our collection and use of your personal information on the Trustcaregivers.com Service is described in our Privacy Policy.   By accessing or using the Trustcaregivers.com Service, you acknowledge and consent to the Privacy Policy.

7. Your Content.

  • 7.1  Your Content.  We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Trustcaregivers.com Service or otherwise in connection with using the Trustcaregiver.com Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”).  For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of their clients to client’s families, while clients or client’s families may submit reviews of Service Providers.
  • 7.2  License.   Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant Trustcaregivers.com an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Trustcaregivers.com Service, and to sublicense these rights to third parties.
  • 7.3  Release.  If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Trustcaregivers.com and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
  • 7.4  Your Representations and Warranties about Your Content.  You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or in Your Content; and (3) Your Content does not violate the law or these Terms.
  • 7.5  Right to Remove or Screen Your Content.  Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Trustcaregivers.com Service.    Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance.   We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content.  It is your sole responsibility to maintain backup copies of Your Content.
  • 7.6  Reviews.  If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Trustcaregivers.com Service, whether before or after termination of your account for the Trustcaregivers.com Service.  We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Trustcaregivers.com Service at any time.

8. Trustcaregivers.com Insurance Program.

  1. Trustcaregivers.com Insurance Program.
  • 8.1 Insurance Program. For Care Services booked through Trustcaregivers.com, Trustcaregivers.com offers the insurance program described in this Section 8 (the “Insurance Program”). Except to the extent prohibited by law in your jurisdiction, Trustcaregivers.com may modify or terminate the Insurance Program at any time, in which case we will (a) notify you of such changes via the email address you have provided, and (b) permit claims that were eligible for coverage prior to termination or modification to continue being processed. Further, unless and until we refer a claim directly to our third party insurer for processing as described in this Section 8, we may determine in our good faith discretion whether your claim meets the conditions for coverage under the Insurance Program. Access to the Insurance Program is not available in jurisdictions where prohibited by law.
  • General and Medical Malpractice Professional Liability Insurance.
    • (a) Coverage. Subject to the deductible and coverage limits described in Section 8.2(b), the eligibility conditions in Section 8.2(c), the exclusions from coverage in Section 8.2(d) and the general limitation of the Insurance Program in Section 8.3, the Insurance Program provides coverage for damages that the Service Provider becomes legally obligated to pay for (1) bodily injury to anyone other than the Service Provider, (2) injury to a Client by a third party. Other limitations may apply.
    • (b) Deductibles, Coverage Amounts. A deductible may apply to covered incidents. If you submit a covered claim which is subject to a deductible you agree to reimburse Trust Caregivers or otherwise contribute if requested. No user will be requested to reimburse or contribute more than CAD $2,500 for a covered incident. Coverage is limited to CAD $1,000,000 per occurrence and CAD $1,000,000 in the aggregate.

COVERAGE B. - DEFENSE COSTS, SETTLEMENT AND CLAIM EXPENSES

1) With respect to the insurance afforded by this policy, the Insurer shall have the right and duty to defend any Claim brought against the Insured alleging a Wrongful Act even if such Claim is groundless, false or fraudulent, and shall pay any Claim Expenses for such Claim. The Insured shall not admit or assume liability for or settle any Claim or incur any cost, charge or expense without the written consent of the Insurer. The Insurer has the right to make such investigations or conduct negotiations and enter into such settlement of any Claim as it deems expedient.

The Insurer shall not settle any Claim without the prior written consent of the Insured. If however, the Insured refuses to consent to a settlement or compromise recommended by the Insurer, the Insurer’s duty to defend shall then cease and the Insured shall thereafter at the Insured’s own expense negotiate or defend such Claim independently of the Insurer, and the Insurer’s liability shall be limited to the amount of Damages for which the Claim could have been settled, if such recommendation was consented to, and for all Claim Expenses incurred up to the time of such refusal.

2) The Insurer shall not be obligated to pay any Damages or Claim Expenses or defend any Claim after the applicable Limit of the Insurer’s Liability (as specified in Item 5 of the Declarations) has been exhausted by payment of Damages or Claim Expenses, or any combination thereof.

  • (c) Eligibility Conditions. In order to be eligible for coverage under our Insurance Program, the following conditions must be met:
    1. The injury or damages must have occurred during the scheduled start and end date(s) and times accepted by the Service Provider and Client booked through the Trustcaregivers.com.
    2. If you are a Client, you must have completed payment via the Trustcaregivers.com Service for the Booking during which the injury or damages occurred in order to make a claim under the Insurance Program; and
    3. you must notify Trustcaregivers.com of your claim via telephone or email during the Booking (or, if later, within 48 hours following the injury or damages).
    4. In addition, Professional Liability Eligibility Conditions for the Service Provider, must fall within the Professional Services Definition. “Professional Services means any services performed or offered to be performed for others for a fee in the provision of homecare and nursing services.
    5. The insurance afforded by this policy applies to Wrongful Acts, committed by the Insured in Canada and its territories, and only for suits brought in Canada and its territories

(d) Exclusions from Coverage. The following are not eligible for coverage: (i) loss due to theft (by the Service Provider or anyone else), (ii) personal injury to the Service Provider. Other limitations may apply.

(e) Exclusions from Professional Liability Coverage to Service Providers. Coverage to Service Providers is not applicable if the Service Provider has previously been alleged or been involved in a claim/incident relating to Abuse.  All Service Providers on our platform have confirmed that they "The Service Provider" has never been alleged or been involved in a claim/incident relating to Abuse.  “Abuse” means sexual, physical, psychological or emotional abuse, molestation or harassment, including corporal punishment.

Coverage under this policy does not apply to any Claim:

  1. A) directly or indirectly caused or contributed to by any malicious, dishonest, fraudulent or criminal act or omission of the Insured, but nothing in this exclusion shall prevent any person (within the definition of “Insured”) who is not concerned in such malicious, dishonest, fraudulent or criminal act or omission being indemnified in accordance with the terms of this insurance policy in respect of any Claim otherwise covered hereunder which alleges malicious, dishonest, fraudulent or criminal acts or omissions by any other person,
  2. B) arising out of treble damages or any other Damages resulting from the multiplication of compensatory damages or any fines, penalties , sanctions , punitive or exemplary damages.
  3. C) arising out of liability assumed by an Insured under any contract or agreement, unless such liability would have attached to the Insured even in the absence of such contract or agreement.
  4. D) brought by an Insured:

1) against a partnership of which the Insured is a partner: 2) jointly and severally against two or more partners of such a partnership or against any partner of such a partnership and the partnership itself; 3) against the Insured solely because the Insured is a partner of such partnership; or 4) against a corporate entity of which the Insured is a director, officer or employee;

  1. E) resulting from the bankruptcy or insolvency of the Insured or the Insured’s undergoing receivership or liquidation.
  2. F) arising out of Bodily Injury, Property Damage or Personal Injury. This exclusion does not apply to Bodily Injury, Property Damage or Personal Injury arising out of a Wrongful Act.
  3. G) arising from any express warranty or guarantee;
  4. H) arising out of the use, administration or prescription of any drug, supplement, herb or pharmaceutical product, or from goods or products manufactured, sold, handled, supplied or distributed by the Insured or by other trading under the Insured's name;

This exclusion does not apply to any claim with respect to the supply of any medicinal product by the Insured in the course of any treatment.

MEDICAL MALPRACTICE PROFESSIONAL LIABILITY INSURANCE

  1. K) arising out of any loss for breach of any duty owed by the Insured as an employer, including any Claim by any employee for Bodily Injury, mental injury, illness, disease or death or loss of or damage to tangible property, incurred, contracted or occurring whilst under a contract of service or apprenticeship with the Insured;
  2. L) directly or indirectly arising out of or resulting from:

1) actual or threatened “abuse” by, at the direction of, or with the knowledge of, the Insured or any person for whom the Insured is legally responsible;

2) the Insured’s failure to act to prevent any actual or threatened “abuse” described in 1) above, or

3) the Insured’s failure to:

  1. a) investigate information or complaints concerning alleged actual or threatened “abuse” by;
  2. b) report to the proper authorities any information or complaints concerning alleged actual or threatened “abuse” by;

a person for whom any Insured is legally responsible and whose conduct would be excluded from coverage

“Abuse” means sexual, physical, psychological or emotional abuse, molestation or harassment, including corporal punishment.

Provided, however, the Insurer will reimburse the Insured for the reasonable costs and legal expenses incurred by the Insured to defend a Claim arising from Abuse committed by an Insured. The reimbursement provided herein is subject to a maximum of $100,000.00 per Claim per Policy Period and is available only in the event a final judgment or adjudication holds that such Insured is not liable for the alleged Abuse.

  1. M) arising out of any disputes involving the Insured’s fees or charges or the return or reimbursement of any fees relating to Professional Services:
  2. N) arising from damage to any property in the Insured’s care, custody or control:
  3. O) arising out of any breach of any copyright, patent or other intellectual property right;
  4. P) arising from Hepatitis or any condition directly or indirectly caused by or associated with Human T-Cell Lymph tropic Virus type III (HTLV III) or Lymphadenopathy Associated Virus (LAV) or the mutants, derivatives or variations thereof or in any way related to Acquired Immune Deficiency Syndrome or any syndrome or condition of a similar kind, howsoever it may be named;
  5. Q) arising out of any loss made against any surgeon, physician or doctor alleging error, negligence or mistake committed in the course of their duties as licensed or qualified medical practitioners;
  6. R) based upon or directly or indirectly arising out of or resulting from:

1) any actual, alleged or threatened exposure to, or generation, storage, transportation, discharge, seepage, emission, release, dispersal, escape, treatment, removal or disposal of any noise, solid, semi-solid, liquid, gaseous or thermal irritant or contaminant, including asbestos, materials containing asbestos, smoke, vapor, soot, fumes, mists, acids, alkalis, chemicals, toxic substances, toxic wastes, biological and other etiological agents or materials, electromagnetic or ionising radiation and energy, genetically engineered materials, teratogenic, carcinogenic and mutagenic materials, waste and any other irritant or contaminant. Waste includes any materials to be disposed, recycled, reconditioned or reclaimed, or

2) regulation, order, direction or request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize any of the foregoing or any action taken in contemplation or anticipation of any such regulation, order, direction or request.

  1. S) arising from:

1) liability imposed by or arising under the Nuclear Liability Act; nor

2) with respect to which an Insured under this policy is also insured under a contract of nuclear energy liability insurance (whether the Insured is named in such contract and whether or not it is legally enforceable by the Insured) issued by the Nuclear Insurance Association of Canada or any other group or pool of Insurers, or would be an Insured under any such policy but for its termination upon exhaustion of its Limit of Liability; or

3) resulting directly or indirectly from the Nuclear Energy Hazard arising from:

  1. a) the ownership, maintenance, operation or use of Nuclear Facility by or on behalf of the Insured; b) the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any Nuclear Facility; and c) the possession, consumption, use, handling, disposal or transportation of fissionable substances, or of other Radioactive Material but this exclusion shall not be constructed to apply in any commercial or medical radioactive isotopes.

As used in this policy:

  1. i) The term “nuclear energy hazard” means the radioactive, toxic, explosive, or other hazardous properties of radioactive material;
  2. ii) The term “radioactive material” means uranium, thorium, plutonium, neptunium, their respective derivatives and compounds, radioactive isotopes of other elements and any other substances that the Atomic Energy Control Board may, by regulation, designate as being prescribed substance capable of releasing atomic energy, or as being requisite for the production, use or application of atomic energy;

iii) The term “nuclear facility” means:

  1. a) any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of plutonium, thorium and uranium or any one or more of them; b) any equipment or device designed or used for (i) separating the isotopes of plutonium, thorium and uranium or any one or more of them, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste; c) any equipment or device used for the processing, fabricating or allowing of plutonium, thorium or uranium enriched in the isotope uranium 233 or in the isotope uranium 235, or any one or more of them if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste radioactive material;

and includes the site on which any of the foregoing is located, together with all operations conducted thereon and all premises used for such operations.

  1. iv) The term “fissionable substance” means any prescribed substance that is, or from which can be obtained, a substance capable of releasing atomic energy by nuclear fission.
  2. v) with respect to property, loss of use of such property shall be deemed to be Property Damage.
  3. T) arising out of the Insured’s participation in a former professional partnership unless specifically endorsed hereon
  4. U) Total Mould Mildew or Other Fungi Exclusion

Notwithstanding any provision to the contrary within the policy of which this endorsement forms a part, or within any other endorsement which forms a part of this policy, we do not cover:

  1. a) Property damage; or b) Bodily Injury; or c) Debris removal; or d) Loss of use; or e) Additional living expenses (ALE); or f) Medical payments to others; or g) Personal injury; or h) Business interruption losses; or i) Any increase in Insured loss, damage, cost, or expense; or j) Any loss, cost, expense, fine, or penalty which is incurred, sustained or imposed by order, direction, instruction or request of or by agreement with any court, governmental agency or any public, civil or military authority, or threat thereof, (and whether or not as a result of public or private litigation); or k) Any loss, damage, cost or expense.

in connection with or arising out of exposure to or the manifestation, release, dispersal, seepage, migration, discharge, appearance, presence or growth of mould, mildew, mycotoxins, fungi or organic pathogens. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage.

The term “organic pathogen” or “organic pathogens” means any organic irritant or contaminant including but not limited to the following: mould, fungus, bacteria, or virus including but not limited to their byproducts such as mycotoxins, mildew, or biogenic aerosol. “Organic pathogen” includes but is not limited to the following fungi or mycotoxins produced by such fungi: Aspergillus, Penicillium, Stachybotrys chartarum, Trichodema, and Fusarium Memnoniella.

This exclusion also applies to any Claim arising out of allegations of acts or omissions by or on behalf of the Insured in connection with exposure to or the manifestation, release, dispersal, seepage, migration, discharge, appearance, presence or growth of mould, mildew, mycotoxins, fungi or organic pathogens. There shall be no obligation to defend the Insured against any Claim or loss excluded by this endorsement regardless of whether the allegation forming the basis of the Claim or loss are groundless, false, or fraudulent.

This exclusion includes but is not limited to (1) any cost, expense or charge to test, monitor, cleanup, remediate, remove, contain, treat, detoxify, neutralize, rehabilitate, or in any way respond to or assess the effects of mould, mildew, mycotoxins, fungi or organic pathogen; or (2) any cost, expense or charge in connection with the actual or alleged discharge, dispersal, seepage, migration, release, escape, exposure to, manifestation, appearance, presence, or growth of mould, mildew, mycotoxins, fungi or organic pathogens.

  1. V) War & Terrorism Exclusion

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss:

(1) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not) civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or

(2) any act of terrorism.

For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above.

If the Insurer alleges that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured.

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

  1. W) Sanction and Limitation Exclusion

Named Insured: Trust Caregivers Effective Date: 10 Dec 2018

No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any Claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such Claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, the United Kingdom or the United States of America. This clause will be effective except where it contravenes Canadian Laws.

  • 3General Limitations on Coverage.
    • (a) If a Service Provider cedes care, custody or control of a Client to another person or party during the service period for a Booking, no coverage is available to that Service Provider under the Insurance Program. If, during the service period for a Booking, a Client instructs or otherwise causes a Service Provider to relinquish the Client to a third party, coverage for injuries or damage during that Booking may be unavailable.
    • b) Damages must have occurred during the scheduled start and end dates of a Booking accepted by the Service Provider and Client through the Trustcaregivers.com Any meeting that is not billed through Trust Caregivers such as a pre-meeting “meet and greet” is not eligible for coverage.
    • (c) Personal injury to the Service Provider or anyone related to or living with the Service Provider are not covered by the Insurance Program. Similarly, property damage to property of the Service Provider or anyone related to or living with the Service Provider is not covered.
    • (d) Other limitations may apply.
  • 4 Nurses Professional Liability Warranty

It is hereby understood and agreed that no coverage is afforded under this Policy on a primary liability basis for any Registered Nurse. It is further understood and agreed that it is a condition of this Policy that all Registered Nurses are to provide the Named Insured with a Certificate of Insurance as evidence that they carry their own primary Professional Liability Insurance.

  • Termination in the Event of Suit. You acknowledge and agree that all rights and benefits granted to you under the Insurance Program shall immediately terminate in the event you initiate any action, suit or claim against Trustcaregivers.com, or its officers, directors, employees, contractors, agents, or affiliates, concerning a claim otherwise subject to coverage under the Insurance Program.

9. Location Information; Consent to Communications.

The Trustcaregivers.com Service’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow users to determine which other users are nearby. We may also use this location information to provide information and advertising. If you want to stop the automatic collection of your location information, you may do so by using the privacy settings in our mobile application and/or on your device, or by uninstalling our mobile application.  Certain aspects of the Service may not function without the collection of geolocation information.

You consent to Trustcaregivers.com communicating with you about the Trustcaregivers.com Service by SMS, text message, email and other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.  In the event you deactivate a mobile phone number provided to us for this purpose, you agree to update your Trustcaregiver.com account information promptly to ensure that messages are not sent to the person who acquires your old number.

10. Fees & Payment.

  • 10.1 Currency.  All fees, deductible amounts and other payments referenced on, or charged through, the Trustcaregivers.com Service are listed and payable in local currency.  (If you use the Trustcaregivers.com Service to book a Service Provider in Canada, your payments will be in CAD.
  • 10.2  Fees for Clients.  Clients may purchase Care Services from a Service Provider by completing a Booking..  If you are a Client, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking.  Except where otherwise specifically indicated on the Trustcaregivers.com Service, fees for Care Services are determined by Service Providers.  As described in Section 10.3, the total amount Clients are charged for a Booking may also include a service fee payable to Trustcaregivers.com.  Where required by law, the amount charged may also be inclusive of applicable taxes.  The Service Provider, not Trustcaregivers.com, is responsible for performing the Care Services.
  • 10.3  Fees for Service Providers.  Service Providers may agree to provide Care Services to a Client by agreeing to a Booking as described in Section 2.5.  If you are a Service Provider, you must confirm the Booking before it expires or the Client will have no obligation to complete the transaction.  Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking.  The purchase of Care Services is a transaction between the Client and the Service Provider.  Trustcaregivers.com’s role is to facilitate payments from Clients to Service Providers as an agent for the Service Provider.  We collect payment from the Client at the time of Booking and (except to the extent of any payment hold pursuant to Section 10.7) remit payment to the Service Provider’s account on the Trustcaregivers.com Service 48 hours after completion of the service period indicated in the Booking.   Service Providers are charged a service fee as described in Section 10.3, which we deduct before remitting payment to Service Providers.
  • 10.4  Service Fees.  We charge service fees for some aspects of the Trustcaregivers.com Service.   If you are a Service Provider, except where otherwise specified via the Trustcaregivers.com Service, our service fee is calculated as a percentage of the fees a Client agrees to pay in a Booking.  We deduct this service fee from the amounts paid by the Client.  Our service fees are described here.
  • 10.5  Late Fees and Additional Charges.  If you are a Client and you ask the Service Provider to stay past the service period in a booking, you will be charged at the daily rate established in the Booking.  In addition, you agree to indemnify Trustcaregivers.com from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Service Provider incur as a result of your failure to the end of the service period agreed in a Booking.
  • 10.6  Cancellations and Refunds.
    • Cancellations by Service Provider:  If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Client for Care Services not provided, as well as any service charge paid to Trustcaregivers.com.  Service Provider cancellations are taken seriously.  If you are a Service Provider, you acknowledge that cancellation by you may result in a review of your account and, if we deem it appropriate, suspension or termination of your access to the Trustcaregiver.com Service.
    • Cancellations by Client:   If a Client cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Service Provider on the Trustcaregivers.com Service.  All Service Providers are required to select a cancellation policy prior to completing a Booking so that Clients are aware of the cancellation policy prior to Booking.
    • Refunds for Substandard Services:  If we determine in our reasonable discretion that a Service Provider has failed to provide Care Services in accordance with our guidelines and policies on the Site or these terms then we may, in our reasonable discretion, cancel a Booking and issue a full or partial refund to a Client.
    • General Terms for Cancellations:  If you wish to cancel a Booking, you should use the mechanisms available through the Trustcaregivers.com Service to do so. For purposes of the policies and terms in this Section 10.6, the date of cancelation is the date a user cancels through the Trustcaregivers.com Service, regardless of any separate communications between users outside of the Trustcaregivers.com Service.
    • Payment Disputes: Payment Outside of the Trustcaregivers.com Service.  Trustcaregivers.com issues payments to Service Providers 48 hours after completion of a Booking.  Once these amounts have been disbursed, any further payment disputes are between the Client and Service Provider, and Trustcaregiver.com has no obligation to mediate or facilitate any resolution.  Further, Trustcaregivers.com has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Trustcaregivers.com Service.
  • 10.7  Payment Holds.  If you are a Service Provider, we may issue a hold on amounts otherwise payable to you pursuant to Section 10.3 under the circumstances described in our Payment Hold Policy.  We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
  • 10.8   Resolution Center.  As part of resolving a claim through the Resolution Center, Service Providers and Client may offer or request refunds, damage payments or other accommodations related to their Bookings.  In such cases, both parties agree that they are responsible for performing their agreements, and that Trustcaregivers.com  is not party to any such agreement and has no obligation to perform any term thereof (except to facilitate payments in accordance with this Section 10).  When you participate in a Resolution Center case, you agree to pay all amounts sent through the Resolution Center via your account on the Trustcaregivers.com Service.
  • 10.9  Authorization to Charge.   When you pay for Care Services or for other services on the Trustcaregivers.com Service, you will be required to provide us with valid, up-to-date credit card or other payment information. You authorize us to charge your credit card or other payment method for fees you incur on the Trustcaregivers.com Service as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Trustcaregivers.com nor the Service Provider will be responsible for any failure to provide services associated with those fees.  Except as expressly provided in these Terms, all fees paid via the Trustcaregivers.com Service are non-refundable once paid.
  • 10.10   Taxes.  Except for taxes on Trustcaregivers.com’s income and gross receipts generally, you acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Trustcaregivers.com Service.  This includes, without limitation, any form of sales tax or income tax on fees paid or received through the Trustcaregivers.com Service.

11. Background Checks.

Trustcaregivers.com may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Background Checks”).   We do not provide, and are not responsible or liable in any manner for, the Background Checks, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness or completeness of any information in the Background Checks. We do not independently verify information in the Background Checks.If you undergo a Background Check via the Trustcaregivers.com Service, you hereby consent to the collection, use and disclosure of the information in the Background Checks, and you agree to provide complete and accurate information for your Background Check. You understand and agree that Trustcaregivers.com may, in its sole discretion, review and rely on the information in the Background Checks in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check is not accurate, timely or complete. If you are the subject of a Background Check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Trust Caregiver’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Trustcaregivers.com reserves the right to suspend or terminate your access to the Trustcaregivers.com Service based on information in the Background Checks or for any other reason, or no reason, in our sole discretion.

Clients remain fully liable to evaluate and investigate Service Providers.  Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Trustcaregivers.com does not automatically run Background Checks on any Users. Records not available to third-party Background Checking agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

13. Third Party Services, Links.

The Trustcaregivers.com Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

14. Indemnity.

You agree to defend, indemnify and hold trustcaregivers.com harmless from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorneys’ fees and court costs, that are in any way related to your:

  • (1) transactions and interactions, online or offline, with other users of the Trustcaregivers.com Service
  • (2) breach of these Terms
  • (3) disputes with other users of the Trustcaregivers.com Service
  • (4) your misstatements, misrepresentations, or violation of applicable law;(5) property damage or personal injury to third parties
  • (6) Your Content or
  • (7) your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA) or other applicable law.  You further agree that you will cooperate with us in the defense of such claims. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this section, and you will not settle any such claim or matter without our advance written consent.

15. Intellectual Property.

  • 15.1   Trustcaregivers.com Service. Trustcaregivers.com and its licensors retain all right, title and interest in and to the Trustcaregivers.com Service, the technology and software used to provide it, all electronic documentation and content available through the Trustcaregivers.com Service (other than Your Content), and all intellectual property and proprietary rights in the Trustcaregivers.com Service and such technology, software, documentation and content.  Except for your rights to access and use the Trustcaregivers.com Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you.  You agree that we will have a perpetual right to use and incorporate into the Trustcaregivers.com Service any feedback or suggestions for enhancement that you provide to us concerning the Trustcaregivers.com Service, without any obligation of compensation.
  • 15.2   Trust Caregivers Inc. Trademarks.  Trustcaregivers.com owns all rights in and to its trademarks, service marks, brand names and logos.  If you are a Service Provider, Trust Caregivers grants you, for so long as you are in good standing on the Trustcaregivers.com Service, a limited, revocable, non-exclusive, non-transferable license to use the Logo and Brand Name solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.), made available for purchase via the Trust Caregivers.com and/or (2) in any other manner specifically authorized in writing via the Trustcaregivers.com Service.  As a condition of exercising such license, you agree that (1) all goodwill associated with your use of Trust Caregivers Logo or Brand Name inures solely to the benefit of Trustcaregivers.com, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Trustcaregivers.com suspends or terminates your rights to use the Trustcaregivers.com Service.

16. Warranty Disclaimer for the Trustcaregivers.com Service.

The information and materials found on the Trustcaregivers.com Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Trustcaregivers.com Service, but not directly by Trustcaregivers.com, are those of their respective authors, who are solely responsible for such content. To the maximum extent permitted by applicable law, trustcaregivers.com does not: (1) warrant the accuracy, adequacy or completeness of information and materials on the trustcaregivers.com service; (2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than trustcaregivers,com; (3) warrant that your use of the services will be secure, free from computer viruses, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the trustcaregivers.com service will be corrected. to the extent permitted by applicable law, trustcaregivers.com expressly disclaims all warranties, whether express, implied or statutory, with respect to the trustcaregivers.com service, and specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. in addition and without limiting the foregoing, we make no representation or warranty of any kind, whether express or implied, regarding the suitability of any service provider that offers care services via the trustcaregivers.com service.

17. Limitation of Liability

  • 17.1  Exclusion of Certain Types of Damages. In no event will Trustcaregivers.com be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Trustcaregivers.com Service, including without limitation damages related to any information received from the Trustcaregivers.com Service, removal of your profile information or review (or other content) from the Trustcaregivers.com Service, any suspension or termination of your access to the Trustcaregivers.com Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Trustcaregivers.com Service, even if we are aware of the possibility of any such damages, losses or expenses.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
  • 17.2  Limit on Our Liability to You. Except for the limited reimbursement described in section 8.1 and the refund amounts payable by trustcaregivers.com that are set forth in section 10, in no event will trustcaregivers.com’s aggregate liability to you or any third party in any matter arising from or relating to the trustcaregivers.com service or these terms exceed the amounts paid by you to trustcaregivers.com (specifically excluding amounts paid to service providers via trustcaregivers.com service) during the twelve (12) months preceding the event that gave rise to liablity or, if you have not paid trustcaregivers.com for the use of any services, the amount of $100.00.
  • 17.3  No Liability for non-Trustcaregivers.com Actions. To the maximum extent permitted by applicable law, in no event will trustcaregivers.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the trustcaregivers.com service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from reliance on information or content posted on or transmitted through the trustcaregivers.com service, or for any interactions with other users of the trustcaregivers.com service, whether online or offline. this includes any claims, losses or damages arising from the conduct of users who attempt to defraud or harm you.

18. Arbitration Agreement.

Please read this section carefully because it requires you to arbitrate certain disputes and claims with trustcaregivers.com and limits the manner in which you can seek relief from us.

  • 18.1   Arbitration Agreement; Claims.   This Section 18 is referred to as the "Arbitration Agreement” in these Terms.  Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 18.9 below, you and Trustcaregivers.com (together, the “Parties”) agree that any and all disputes or claims that arise between you and Trustcaregivers.com relating to the Trustcaregivers.com Service, interactions with others on the Trustcaregivers.com Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved  as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
  • 18.2   Agreement to Arbitrate.  Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 18.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
  • 18.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. You and trustcaregivers.com agree that, unless you opt out of the arbitration agreement in accordance with section 18.9 below, each of us may bring claims (except to the extent that the right to bring a claim in a purported class or representative action cannot be waived as a matter of law) against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. unless both you and trustcaregivers.com agree otherwise (or to the extent that the right to bring a claim in a purported class or representative action cannot be waived as a matter of law), the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). any relief awarded cannot affect other trustcaregivers.com users.
  • 18.4  Pre-Arbitration Dispute Resolution.  Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at support@trustcaregivers.com. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
  • 18.5  Arbitration Procedures.   The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration.  If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties.  For information on JAMS, please visit its website, https://www.jamsadr.com/.  The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference.  You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason.  If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 17. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
    • The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Trustcaregivers.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Trustcaregivers.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Trustcaregivers.com, unless the arbitrator requires otherwise.
    • The arbitrator will decide the substance of all claims in accordance with the laws of the Province of Ontario, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Trustcaregvers.com users, but is bound by rulings in prior arbitrations involving the same Trustcaregvers.com user to the extent required by applicable law.  As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
  • 18.6  Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Trust Caregivers.  Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Trustcaregivers.com for all fees associated with the arbitration paid by Trustcaregivers.com on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
  • 18.7  Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  • 18.8  Severability.  If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 18 will remain valid and enforceable.
  • 18.9  Opt-Out Procedure.  You can choose to reject this Arbitration Agreement by emailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 18.9. For new Trustcaregivers.com users, the Opt-Out Notice must be received no later than 30 days after the date you accept these Terms for the first time. If you are already a current Trustcaregivers.com user and previously accepted the Trustcaregivers.com Terms, the Opt-Out Notice must be postmarked no later than 30 days after the incident. You must email the Opt-Out Notice to support@trustcaregivers.com. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the Trustcaregivers.com Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.  By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 19.
  • 18.10  Future Changes to this Arbitration Agreement.  Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Trustcaregivers.com prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Trustcaregivers.com prior to the effective date of removal.

19. Governing Law and Jurisdiction.

These Terms, and any dispute between you and Trustcaregivers.com, will be governed by the laws of the Province of Ontario, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 18 (the Arbitration Agreement). Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Trustcaregivers.com must be resolved exclusively by a Provencal or federal court located in the Province of Ontario. You and Trustcaregivers.com agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario for the purpose of litigating all such claims or disputes.

20. Miscellaneous.

Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified.  This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

If you have any questions about anything in these Terms, please contact us via email at support@trustcaregivers.com