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Last updated: Sept. 20, 2016, 2:41 p.m.
These Terms of Service (“Terms”) constitute an agreement (“Agreement”) between you and Respect, Care, Inc., a Delaware Corporation with its principal place of business in Chicago, Illinois (“Respect”, “our”, “we” or “us”). The Terms govern your access to and use of the services offered by Respect, via our website at www.joinrespect.com (the “Site”), and via our mobile applications (“Mobile Apps”). The Site and our Mobile Apps are collectively called the “Respect Platform”. Each time you access the Respect Platform, you agree to be bound by these Terms.
By visiting the Site or using the Mobile Apps, you represent and warrant that you are at least 18 years old, legally able to enter into contracts, and that you have read and consent to these Terms without change. If you do not agree to any of the Terms and the related policies referenced in this Agreement via hyperlink, you must immediately stop using the Respect Platform.
These Terms are effective on September 20, 2016 and your continued use of the Respect Platform after such date will signify your acceptance of this Agreement. Respect may modify these Terms at any time, in our sole discretion. When we modify the Terms, we will post the modified Terms on the Site, together with a “last updated” date. Your continued use of the Respect Platform after the date of modification indicates that you agree to be fully bound by the modified Terms. If you do not agree to be bound by the modified Terms and the related policies referenced in this Agreement via hyperlink, you must immediately stop using the Respect Platform.
Only persons who can lawfully enter into and form legal contracts may use the Respect Platform. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. You further represent, on behalf of yourself and any person for whom you are purchasing Care Services (“Recipient”), that you have the full power and authority to bind the Recipient to these Terms and the Agreement. Any reference in the Terms to “you” and “your” shall also include the Recipient. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone. We we may change or discontinue all or any part of the Respect Platform, at any time and without notice, at our sole discretion.
You may request Care Services for yourself or for another person (collectively, “Client”). Any reference to Client shall also include the Recipient.
The Care Services and the Respect Platform do not constitute medical services or advice and are not intended to replace or substitute for professional or medical advice. Respect expressly disclaims, and you expressly release Respect from, any and all liability concerning treatment, action by, or effect on any person following the information offered or provided within or through the use of the Respect Platform, or in connection with the Care Services. If you require professional or medical advice, you should consult a trained professional.
Respect conducts background checks and reviews the experience of each Caregiver via third party background check services and through other means. Every Caregiver who applies to join the Respect Platform must submit a completed application and unconditionally agree to such checks. However, you as the Client must independently decide whether a Caregiver is suited to your needs and whether to work with a particular Caregiver.
As a Client, Caregiver or another user, whether anonymous or not, using the Respect Platform, you agree and warrant that you will use the Site and the Respect Platform only for lawful purposes and in a lawful manner. While using the Respect Platform, you agree that you will not:
Respect bills Clients and charges the Client’s credit card on file with Respect, daily after an appointment is completed (1 hour minimum billing) and reserves the right, at its sole discretion, to bill weekly for longer jobs and/or to make other payment arrangements. When we charge your credit card, we will send you electronic notification of the charges and the details for such charge. You will have 30 days to dispute any billing discrepancies.
To ensure the accuracy of billing, the Mobile Apps contain geofencing capabilities that automatically register the Caregiver’s location when they are within a close proximity to the job. Caregivers are also required to check-in via their Mobile App to let us know they’ve started a job. When a job finishes, Caregivers are again required to check-in and geofencing capabilities in the Mobile Apps let us know that the Caregiver has left the care recipient’s location.
You understand and agree that if you hire a Caregiver directly, you may owe Respect a placement fee of the lesser of: (a) $20,000 (twenty thousand dollars) per Caregiver or (b) or six months of billing (calculated by taking the average of the most previous six months of billing). Should collection procedures be necessary, Client agrees to pay all costs incurred by Respect, including reasonable attorney’s fees. You also understand and agree that if you hire a Respect Caregiver directly outside the Respect Platform, you will be deemed the employer of record, will be required to provide unemployment and worker’s compensation insurance, and will lose all liability insurance/protection provided through Respect for the Care Services.
Whenever a Client or Caregiver is asked to rate the other person, each agrees that all ratings will represent the independent, honest and genuine opinion of the person providing the rating.
You can schedule Care Services through the Respect Platform or by calling 1.888.330.5401. Your request for Care Services is only accepted when you receive a confirmation from the Caregiver you selected, via the Respect Platform.
Respect is a home services agency. Respect connects people who need in-home care (“Care Services”) with providers of Care Services (“Caregivers”). Respect will provide Care Services in accordance with the terms of this agreement, taking into account the requirements you detail when you post a job for Care Services.
For Care Services in Illinois, Respect has an office at 311 N. Aberdeen St., Chicago, IL 60607. Clients and Recipients may call Respect toll free at 888.330.5401 or 312.863.8969. In accordance with Illinois law, Marie Brown is designated as the primary contact with regard to questions, problems, needs or concerns.
Respect directly employs Caregivers who provide Care Services. Caregivers are trained to perform a wide variety of services - a full list of Care Services is available whenever you post a job on the Respect Platform or via our Mobile Apps, and is also available at https://www.joinrespect.com/services.
Respect is responsible for payment of all wages to Caregivers, unemployment taxes and unemployment insurance including the withholding of applicable social security, federal and state income taxes. All Respect Caregivers are covered under Workers Compensation, Professional Liability and Fidelity Bond insurance policies.
In accordance with the requirements of the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA), Respect will supply gloves and any other protective equipment necessary to prevent the transmission of infection when working with home services clients. Respect will bill the Client for these supplies along with the billing for services. The Client or Recipient has the right to purchase and maintain on hand at all times gloves and any other protective equipment necessary to meet the requirements of the CDC and OSHA.
Respect is responsible for the recruiting, hiring, assigning of duties, disciplining, monitoring, supervising, training and firing of all Caregivers. Respect has developed quality guidelines based on a policy that Respect and our Caregivers strive to offer the highest quality of home care available.
Respect understands that at times, transport of the Recipient for errands or appointments outside of the home may become necessary. Not all Respect Caregivers are qualified to provide transportation. When you request Care Services that require transportation, we will match you with a Caregiver qualified to transport. The Respect Caregiver may only drive the Recipient in the Recipient’s or Client’s car. Use of a Respect employee’s car while working with a Recipient is strictly prohibited. If a Client asks a Caregiver to provide transportation in the Client’s or Recipient’s car, the Client is responsible for all necessary insurance to cover any accidents or liability that may occur. Furthermore, the Client and Recipient understand and agree to release Respect and all their officers, directors and employees from all liability should an accident or injuries occur.
The Respect Agency Manager will designate an individual who will supervise the provision of Care Services and oversee the placement and monitoring of all Caregivers. A respect supervisor will schedule a visit with the client at a minimum of 90 days after care is initially provided, and earlier if appropriate.
For jobs in Illinois and in accordance with Illinois law, Respect is required to provide a minimum of eight (8) hours of training for each Caregiver, or to confirm that the Caregiver has already received the requisite training within the past year. Thereafter, eight (8) hours of training is required during each year of employment with Respect. Any Caregiver sent to provide Care Services will have received the required training.
Client and Caregiver covenant and agree to act in good faith and engage in fair dealing in connection with the Respect Platform and Care Services. Additionally, you acknowledge and agree that the value, reputation, and goodwill of Respect depends in part on your performance of your covenants and agreements. You further agree that we have the right to take such actions, including without limitation suspension, termination, or legal actions, as we in our sole discretion deem necessary to protect the value, reputation, and goodwill of Respect and the Respect Platform.
In the event of an emergency while the Caregiver is providing Care Services, the Caregiver is to call 911. Additionally, the Caregiver is to call the designated Emergency Contact Person of the Recipient and a Respect supervisor. A Respect supervisor will also call the Recipient’s designated Emergency Contact Person. This policy is superseded by instructions given to us by the Client or Care Recipient.
The Care Services do not include emergency care or medical care of any kind. If an emergency occurs while a Caregiver is with a Recipient, neither the Caregiver nor Respect shall be liable for any damages resulting from any act or omission of the Caregiver. Whether a Caregiver renders emergency care is at the discretion of the Caregiver. Caregivers and, where appropriate, Respect, shall be entitled to the full benefit and protection of any and all “Good Samaritan” laws and customs.
The Client is responsible for providing a safe and secure working environment for the Caregiver. Client understands and agrees that if a Caregiver suspects violence or abuse affecting the Recipient, the Caregiver may be required by law to report such abuse to law enforcement.
No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement.
Each Client and each person who agrees to share the liability for the Care Service Fee agrees to keep a current, valid credit card on file with Respect and to pay Respect, on behalf of a Caregiver, for any Care Services delivered to Client or a Recipient for whom Client ordered Care Services. Respect does not store credit card information - we use third-party providers to process and store credit card information. You agree that we may charge your credit or debit card according to the agreed rates for Care Services. We will communicate any changes in rates in accordance with these Terms. All rates include the fees paid to Caregivers for the Care Services and our fees for usage of the Respect Platform (“Care Service Fees”). You will always know your fees when you post a job for Care Services, including the hourly fee and the total fee that will be due, based on your posted requirements.
All Care Service Fees are due immediately when the scheduled Care Service appointment is completed and you authorize Respect to charge the credit card(s) on file after the Care Services are completed. You agree that we may place a hold on your credit card for a Care Service appointment for the anticipated cost of the appointment and an overage of up to 50% in the event the appointment takes longer than you anticipated. You further agree that we may pre-authorize your credit card on file to verify that you will have sufficient credit to pay for the Care Services. Respect reserves the right to correct any errors in the payment of Care Service Fees even if such fees have already been paid. Client will remain responsible for Care Service Fees in connection with any chargeback.
If a Client or Recipient requires a Caregiver to provide Care Services that exceed more than 40 hours in a workweek, in accordance with wage and hour laws, any same Caregiver who provides Care Services to a Recipient and works in excess of forty (40) hours in a workweek (Sunday through Saturday) is entitled to be paid at one and one half (1.5) times the applicable rate for the excess hours. Therefore, we will charge you at one and one half (1.5) the applicable rate for each hour the Caregiver works in excess of forty (40) hours in a workweek (Sunday through Saturday).
Respect does not designate any portion of the Care Service Fees as a gratuity to the Caregiver. A Client can provide additional payment as a gratuity to any Caregiver, but is under no obligation to do so. Client and Caregiver are responsible for determining whether any gratuity is reportable to any taxing authority and for making such report or paying any applicable taxes.
Respect is not responsible for and will not reimburse any fees incurred by the Client from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Respect.
Care Service Fees do not include reimbursement of costs or expenses associated with the Care Services (“Related Expenses”). Examples of such costs or expenses may include but are not limited to the following: the Caregiver purchases food for the Recipient or incurs costs associated with an outing with the Recipient. You must directly reimburse the Caregiver for any out of pocket Related Expenses.
A Client may cancel Care Services by calling Respect at 1.888.330.5401 no fewer than 24 hours prior to the scheduled appointment. If you cancel no fewer than 24 hours prior to the scheduled appointment, you will not incur any Care Service Fees for that appointment. If you cancel fewer than 24 hours prior to the scheduled appointment or if the Caregiver is unable to deliver the Care Services because the Recipient is unavailable or refuses care, you authorize us to charge your credit card for fifty (50) percent of the Care Services Fee for that appointment.
If a Caregiver is unable to make a scheduled appointment and we receive sufficient advance notice, we will do our best to have another Caregiver on the Respect Platform accept the appointment. We cannot promise or guarantee that a replacement Caregiver will accept the appointment in sufficient time. If we cannot find a replacement Caregiver in time, we will not charge you for the appointment.
You agree that you will not be entitled to receive a refund or credit once your credit card has been charged. In our sole and absolute discretion, we may grant refunds or credits in special circumstances.
You agree that you will use the Respect Platform only for lawful purposes and in a lawful manner. You agree that you will not take any of the following actions concerning the Respect Platform: reproduce, distribute, license, resell, copy, reverse engineer, mirror, frame, scrape, data mine, spam, access in an unauthorized manner, interfere with, or use to build competitive or similar products. You represent and warrant that you will not post or use any content on the Respect Platform in any manner that: violates the privacy, publicity, or other rights of third parties; violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising; is discriminatory, false, or harmful in any way as determined by us in our sole discretion.
To use the Respect Platform, you will have to create an account. You are responsible for any and all activity that occurs under your account, whether or not you know about it. You agree to maintain the security and secrecy of your account username and password at all times. If you notice any unauthorized use of your account, you agree to notify us immediately. If you communicate with us over the phone, by email or in person, by ordering or changing Care Services, providing information, or rating a Caregiver, you authorize us to update your account on the Respect Platform to reflect such communications.
You represent and warrant that you will not recruit, solicit or contact a Caregiver or Client for employment.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary to us, our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us) from the Site without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site.
We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
We welcome feedback, comments and suggestions about our services and the Respect Platform. You can submit your feedback by emailing us at email@example.com. You grant to Respect a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the whatever feedback, comments and suggestions you provide, for any purpose.
You understand and agree that we can contact you using your mobile phone number or any number registered on the Respect Platform, and that we, as well as the Client or Caregiver, can send you SMS messages related to your account or to the Care Services (“SMS Messages”). You also understand and agree that standard voice and data charges from your phone carrier may apply to these calls and texts and that you are solely responsible for such charges. You further understand and agree that Respect does not have control over or assume any responsibility for the quality, accuracy or reliability of the SMS Messages. You also understand and agree that we may send you email communications, including but not limited to information about the Respect Platform, newsletters, promotions, and account reminders and updates. You can always remove yourself from communications that are not related to the Respect Platform by following the instructions in the emails you receive from us.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Respect Platform are: (a) copyrighted by us under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us. The Respect Platform may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. Certain of the names, logos, and other materials displayed on the Respect Platform constitute trademarks, trade names, service marks or logos (“Marks”) of Respect or other entities. You are not authorized to use any such Marks.
Subject to your compliance with these Terms, Respect grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferrable license to download and install a copy of the Mobile Apps on a mobile device or computer and to run such App solely for your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Respect Platform; (ii) distribute, transfer, sublicense, lease, lend or rent the Mobile Apps to any third party; (iii) reverse engineer, decompile or disassemble the Mobile Apps; or (iv) make the functionality of the Mobile Apps available to users through any means. We reserve all rights in and to the Respect Platform not expressly granted to you under these Terms.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE RESPECT PLATFORM IS AT YOUR SOLE RISK. THE RESPECT PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMITTED, RESPECT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR CARE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CARE SERVICES, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
TO THE FULLEST EXTENT LEGALLY PERMITTED, RESPECT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM AND EXCLUDE ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CAREGIVER, CLIENT OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR OR ANY PERSON’S INTERACTION WITH ANY CAREGIVER OR CLIENT AND WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. RESPECT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CLIENT’S OR CAREGIVER’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF THE RESPECT PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation and Release of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE RESPECT PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RESPECT, ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, COST OF SUBSTITUTE SERVICES, PERSONAL INJURY OR PROPERTY LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE RESPECT SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN A CLIENT AND A CAREGIVER, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESPECT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. 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.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RESPECT PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
IF YOU HAVE A DISPUTE WITH A CLIENT OR CAREGIVER, YOU RELEASE RESPECT (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
IN NO EVENT SHALL RESPECT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RESPECT PLATFORM EXCEED THE GREATER OF: (A) $500, OR (B) THE TOTAL AMOUNT YOU AS THE CLIENT HAVE PAID TO RESPECT, OR YOU AS THE CAREGIVER HAS RECEIVED FROM RESPECT, FOR CARE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE CLAIM OR ACTION GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RESPECT AND YOU.
You agree to defend, hold harmless and indemnify Respect, its officers, directors, employees and agents, from and against any and all losses, claims, costs, expenses, damages or other liabilities (including attorneys’ fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Respect Platform, including any payment obligations incurred through use of the Respect Platform; or (b) resulting from: (i) your use of the Site or the Mobile Apps (ii) your decision to supply credit information via the Respect Platform, including personal financial and health information; (iii) your decision to submit jobs and accept jobs from others on the Respect Platform; (iv) any breach of contract or other claims made by others on the Respect Platform with whom you conducted business through the Respect Platform; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any person in connection with the Respect Platform or Care Services; (viii) any act or omission of yours with respect to the payment of Care Service Fees; (ix) your dispute of or failure to pay any payment; (x) your lack of authority to bind the Recipient to these Terms; and/or (xi) your obligations to another person on the Respect Platform. This defense and indemnification will survive this Agreement and your use of the Respect Platform.
If a dispute arises between you and us, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and we agree that we will resolve any claim or controversy at law or equity that arises between us out of these Terms (a “Claim”) in accordance with this section, entitled “Resolution of Disputes.” Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.
In the event that you as the Client, for yourself or on behalf of a Recipient, complain about the quality of the Care Services, breakage, theft, or any other problem occurring in or on the premises where a Caregiver rendered Care Services, it is the responsibility of Caregiver to initially attempt to resolve the matter directly with you or the Recipient. If the Caregiver and Client are unable to resolve a complaint, please contact our customer support team and we will work with both parties to resolve the complaint.
If we are unable to resolve a dispute, the provisions below will govern.
Law and Forum for Disputes. This Agreement is governed in all respects by the laws of the State of Illinois without giving effect to any principle that may provide for the application of the law of another jurisdiction.
You and Respect agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Respect Platform or Care Services (collectively, “Claims”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court, provided such action is brought in courts located within Cook County, Illinois (each party submits to the personal jurisdiction of such courts). You acknowledge and agree that you and Respect are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Unless both you and Respect agree in writing, the arbitrator may not consolidate more than one person's claims, and may not preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. This “Dispute Resolution” section will survive any termination of these Terms.
ANY CAUSE OF ACTION YOU MAY HAVE CONCERNING RESPECT, THE RESPECT PLATFORM, OR AGAINST A CLIENT OR CAREGIVER MUST BE COMMENCED WITHIN 30 DAYS AFTER IT ARISES, OR THE CAUSE OF ACTION IS BARRED.
Arbitrations in connection with this Agreement will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Resolution of Disputes” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1.800.778.7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A person who desires to initiate arbitration in connection with this Agreement must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2022822). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days after delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Respect otherwise agree, the arbitration will be conducted solely by telephone, online and/or be solely based on written entries, the specific manner will be chosen by the party initiating the arbitration, unless you request a hearing or the arbitrator determines that a hearing is necessary. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. If an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Improperly Filed Claims. Should you file a Claim contrary to this section entitled “Resolution of Disputes,” Respect will be entitled to recover attorneys’ fees and costs up to $5,000, provided that we have notified you in writing about the improperly filed claim, and you have failed to promptly withdraw the claim.
Respect Care, Inc. is located at 311 N. Aberdeen Street, Chicago, IL 60607. You agree that the Respect Platform shall be deemed solely based in Illinois and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Illinois.
Licensure for home services and home placement services has been required in Illinois since 9/1/2008. Respect is in compliance with the requirements of the licensing act (and was licensed in Illinois on: September 6, 2016, License Number 3001456), including the Health Care Worker Background Check Act requirements for pre-employment screening.
These Terms set forth the entire understanding and agreement between us concerning the subject matter of these Terms.
We may immediately terminate our agreement, as evidenced by these Terms at any time for any reason. You may cancel your account at any time by calling us at 1.888.330.5401 or by emailing us at firstname.lastname@example.org. The following sections survive any termination of these Terms: 2, 4, 5, 7, 8, 9, 10, 11, 12, 13 and 14.
This Agreement shall become effective upon your acceptance or your use of the Respect Platform, and shall continue until terminated by us or you as provided for under the terms of this Section. When your account on the Respect Platform is terminated, you may no longer have access to data, messages, files and other material you keep on the Respect Platform. The material may be deleted.
Unless you otherwise tell us in writing, we will communicate with you by email (using the email you provided to us during the registration process, as amended by you) or by posting communications on the Respect Platform. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication twelve (12) hours after we send it to the email address you have provided to us (unless the sender is notified that the email address is invalid), or when we post such communication on the Respect Platform. You must keep your email address updated, and you must regularly check the Site for postings. We may also give you legal notice to the address provided during the registration process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing. All notices to us intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following email (email@example.com) or mailing address:
Respect Care, Inc.
311 N. Aberdeen Street
Chicago, Illinois 60607
Attn: Chief Legal Officer
Such notices to Respect are deemed effective upon receipt.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any job or transaction, prevent or restrict access to the Respect Platform, or take any other action in case of technical problems, objectionable material, inaccurate job listings, inappropriately categorized jobs, inaccuracies, unlawful jobs or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We do not endorse any content submitted by any person to the Respect Platform, or any opinion, recommendation, or advice expressed by a Client or Caregiver on the Respect Platform. We expressly disclaim any and all liability in connection with content submitted by Clients and Caregivers.
Respect will not be considered to have modified or waived any of our rights or remedies under these Terms unless the modification or waiver is in writing and signed by an authorized representative of Respect. No delay or omission by us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties.
You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the our express written permission, and any attempt to do so will be null and void. We may assign this Agreement without restriction.
You acknowledge that you are not legally affiliated with Respect in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Respect Platform or by this Agreement.
Except for the payment of fees to us, neither you nor we shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, acts of terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in these Terms are included for ease of reference only and have no binding effect.
These Terms and all policies and documents referenced in these Terms comprise the entire agreement between you and us with respect to the use of the Respect Platform and the Care Services and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any websites that link to or are linked from the Respect Platform. By using the Respect Platform, you represent and agree that you have read, have been given the opportunity to discuss and understand this Agreement and that you agree to be bound to all of the terms and conditions.