Loving Back Provider Listing Agreement
Welcome to www.lovingback.com (“Loving Back”) the community oriented website designed to provide caregivers connection with other caregivers, access to professional providers (“Provider” or “Providers”) and helpful information. Finding reputable professional providers is often a difficult and time-consuming task for caregivers, and Loving Back has been created to make this easier and faster. Thank you for your interest to be part of Loving Back.
This Provider Listing Agreement (“Agreement”,) explains how we will work together and governs the relationship between you, your business and Loving Back. Please contact us if you have any questions. By accepting the terms of the Agreement, you agree, for yourself and on behalf of your company or facility (“you” or “your” or “your facility”), to the terms of this Agreement and you acknowledge that you have read and fully understand this Agreement.
1. Loving Back LLC provides the community oriented website www.lovingback.com, designed to offer caregivers connection with other caregivers, access to Providers and helpful information.
2. Joining. Joining the Loving Back Provider Listing starts with the completion of a Profile, and this Profile will capture a detailed description of your business or facility. Loving Back will require a non-refundable fee to conduct a background check of industry, state and federal databases on you or your business, before we list your business on our website. Upon review of your submitted Profile, Loving Back reserves the right to refuse listing your business for the reasons of, but not limited to, the findings of sanctions, loss of license, excessive complaints or consumer grievances, criminal activity, misleading or falsified information on your submitted Profile. Once listed, we encourage you to review the accuracy of your Profile once it has been posted and to update it on a regular basis.
3. Provider Administrator. You agree to designate at least one person on your Profile that is authorized to create, update and maintain your Profile, and act as the single point of accountability between Loving Back and your organization (“Administrator”). You agree to defend, indemnify and holds Loving Back and its shareholders, officers, directors, employees, successors and assign harmless (including attorney’s fees and costs) from any claims that arise out of your or your Administrator’s failure to maintain accurate information on your Profile.
4. Term and Cost. Before you will be listed, you agree to make payment to Loving Back as explained in the current, time-of-payment fee schedule. You understand and agree that once the background check has been satisfactorily completed, that all your payments are non-refundable and non-transferable. Costs for listing are largely based on term, and variable term periods are available, as well as the option for automatic renewal. As such, you agree to have Loving Back process the appropriate service charge according to the billing instructions provided to Loving Back by an Administrator, including charging your designated credit or debit card on record at the time of your purchase. You understand and agree that any failure to comply with this Agreement may result in a revocation of your listing.
5. Profile. Your Profile will promote the important features of your business, and include key contact information. Loving Back may also host user comments and ratings about your facility in compliance with our Terms of Use policy.
6. Confidentiality & Privacy. You agree that this Agreement and all user registration and subscription forms/information are confidential and will not be shared with or disclosed to third parties. During the term of the Agreement, you agree to fully comply with all regulations or commitments that govern your industry, including, but not limited to all privacy and confidentiality regulations and laws.
7. Non-Ranking Service; Commercial Enterprise. You understand and agree that Loving Back is not a ranking or endorsement service. Each Provider’s name and information is provided on the Loving Back service as a reference and information source only. You further understand and agree that it is your and the user’s responsibility to determine if the person is appropriate to do business with.
8. Intellectual Property. You agree that all profile content, photographs, video tours, audio files, and any other materials created by you (i.e. your completed Profile) or for you and provided to Loving Back (the “Profile Content”) will be owned exclusively by Loving Back, except for content licensed by you or others that is provided for use on the Loving Back service and your Profile. If your trademark or service mark appears in your Profile, you grant to Loving Back the perpetual and transferable right to use your mark(s) in the Loving Back service and in our collateral marketing and promotional materials. Loving Back grants you the revocable non-exclusive right to use the Profile Content on the Loving Back service during the term of your Agreement only.
9. Other Promises. You represent and warrant: (i) that you are in compliance with all state and federal laws and regulations that govern your industry or services; (ii) that the information you provide for your Profile is accurate and up-to-date, and that the person that completes and submits your Profile is authorized to do so on your behalf (iii) that you have the right to convey all rights in and to any information, content and materials you provide to Loving Back for use on the Loving Back service, as well as having the rights to all updates thereto that are provided to Loving Back (iv) that you have the right to allow Loving Back to use all trademarks or service marks that may appear on your Profile. You agree to indemnify, defend and hold Loving Back and its shareholders, officers, directors, employees, successors and assign harmless (including attorneys’ fees and costs) from any allegations claiming a breach of the promises in this Agreement.
10. Termination of Listing; Returns, Refunds or Cancellations. You can remove your listing at any time. You agree that Loving Back reserves the right to remove your Profile immediately if we learn that you have: lost your license, received sanctions, been involved in criminal activity, or provided misleading or falsified information on your submitted Profile. You also agree that Loving Back reserves the right to terminate any listing at time of renewal for any reason. There are no returns, refunds or cancellations for any intangible property or services purchased from Loving Back. All sales are final, non-cancelable and non-returnable.
11. Limitation of Liability. THE LOVING BACK SERVICE IS PROVIDED “AS IS.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOVING BACK SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF LOVING BACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE OUR WEBSITE, REMOVAL OR TERMINATION OF OUR WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON OUR WEBSITE, COMMUNITY RATINGS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL LOVING BACK'S AND ITS SUPPLIERS' CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO LOVING BACK DURING THE PRIOR SIX MONTHS FOR THE SPECIFIC SERVICE AT ISSUE, OR $500, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
You assume all responsibility for compliance with applicable local, state, and federal laws involving misuse, mishandling, or improper usage of storage of consumer information obtained through Loving Back.
15. Assignment. Loving Back may assign this Agreement at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Loving Back to another entity. You may not assign this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between you and Loving Back regarding this subject matter. The failure of Loving Back to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Loving Back or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect