Updated May 15, 2009

IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, DO NOT ACCESS THIS WEBSITE OR ITS SERVICES.

Please read these Terms of Service.

You should periodically access this Website page to review any changes made to the Agreement, as youare bound by such changes whether or not you receive actual notice of them.

You are required to read these Terms of Service in their entirety before using this Website.

Your use of the Website is completely voluntary and You may choose at any time not to use the Website or its Services.

These Terms of Service (the"Agreement") are by and between Gifts and Talents, LLC, a Texas limited liability company, its assignees, employees, agents, owners and representatives (collectively, "CAREjourney", "CAREjourney.com", "We","Us" or "Our") and the persons or entities that choose to take advantage of the Website's member-only Services ("Member") and all others that access the Website (together with Member, "You" or "Your").Other portions of the Website may have additional requirements and agreements to which you will be agreeing in order to access certain Website services, which are part of this Agreement by this reference. CAREjourney.com may revise this Agreement at any time by posting an updated version to this Website page.

These Terms of Service constitute a binding agreement between You and Gifts and Talents, LLC, which operates the CAREjourney.com website (the "Website"), and is accepted by You upon Your use of the Website. By using this Website, You agree to be bound by these Terms of Service and the CAREjourney.com Privacy Policy, which is a part of this Agreement by this reference to it.

This Agreement will remain in full force and effect while You are a user of this Website. We reserve the right, in our sole discretion, to pursue all of Our legal remedies, including but not limited to removal of Your Content from the Website and immediate termination of Your registration with or ability to access the Website or any other Services provided to You by CAREjourney.com, upon any breach by You of this Agreement or if CAREjourney.com is unable to verify or authenticate any information You submit to the Website.

DISCLAIMER

The Services provided via, and information contained within, the Website are for informational purposes only and are not intended or implied to be a substitute, contradiction or replacement of professional, medical, financial, legal or other advice, diagnosis, or treatment. The Website is a platform for people who provide care to other persons ("Caregivers"), people needing such care ("Care Receivers"), those acting on behalf of a Care Receiver ("Care Coordinator") and companies who employ or contract with Caregivers and render services to Care Receivers ("Agencies") to meet and interact. CAREjourney.com does not take part in this interaction except to provide Services and information that facilitate the interactions and communications.

USE OF WEBSITE

You must be at least 18 years of age or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use this Website. CAREjourney.com reserves the right to terminate for any reason Your use of this Website or any content or communications posted by You on the Website it deems necessary in its sole discretion to enforce this limitation.

RISKS AND PRECAUTIONS

YOU ASSUME ALL RISKS WHEN USING THE WEBSITE AND SERVICES INCLUDING, BUT NOT LIMITED TO ALL THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS. YOU HAVE THE ABILITY TO AND SHOULD INDEPENDENTLY INVESTIGATE THE BACKGROUND OF SUCH INDIVIDUALS OR AGENCIES EITHER ON YOUR OWN OR WITH ONE OR MORE OF THE FIRMS INTRODUCED TO YOU THROUGH THE WEBSITE.

THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, OF DEALING WITH STRANGERS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USER WITH WHOM YOU COME IN CONTACT THROUGH CAREJOURNEY.COM.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO CARE GIVERS, CARE RECEIVERS, CARE COORDINATORS AND AGENCIES(COLLECTIVELY, "CARE PEOPLE"). YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR BANK ACCOUNT OR CREDIT CARD INFORMATION) TO OTHER USERS OR CARE PEOPLE. CAREJOURNEY.COM DOES NOT SCREEN THE CAREPEOPLE, NOR DOES CAREJOURNEY.COM INQUIRE INTO THE BACKGROUNDS OF THE CARE PEOPLE OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS CARE PEOPLE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF WEBSITE USERS OR CARE PEOPLE. YOU AGREE TO TAKE NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND CARE PEOPLE OF THE WEBSITE IF YOU DECIDE TO MEET ANY USER OR CARE PEOPLE OFFLINE OR IN PERSON.CAREJOURNEY.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALIFICATIONS, BACKGROUND, SAFETY INTERACTING WITH, COMPATIBILITY OR LEVEL OR QUALITY OF SERVICE OF ANY USER OR CARE PEOPLE YOU MEET, CONTRACT OR EMPLOY THROUGH THE WEBSITE OR SERVICES

YOU FURTHER UNDERSTAND AND AGREE THAT CAREJOURNEY.OM MAKES NO GUARANTEES AS TO THE NUMBER, FREQUENCY OR QUALITY OF MATCHES OR RESULTS THROUGH THE WEBSITE OR ITS SERVICES.

YOUR INTERACTIONS WITH OTHERS

We expect that You will use caution and common sense when using the Website.

Because user and Member authentication on the Internet is difficult, CAREjourney.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website, in the event that You have a dispute with one or more users, You release CAREjourney.com and CAREjourney.com Agents from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

BACKGROUND CHECKS

CAREjourney.com does not conduct criminal history, credit or other background checks ("Background Checks") on its users. We may facilitate Background Checks on certain Members or Care People with their permission. All Background Checks are limited to information provided by third parties and CAREjourney.com disclaims any liability whatsoever for such information. CAREjourney.com reserves the right and You agree to such right to conduct a background check from publicly available records to confirm Your compliance with this Agreement.

If You decide to register on the Website, You also agree to:

provide true, accurate, current and complete information about You, especially Your birth date, as prompted by the Website registration form (the "Registration Data"), and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

CAREjourney.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof), for any reason in its sole discretion.

You agree to promptly report to CAREjourney.com any violation of this Agreement by others including, but not limited to Members.

UNIQUE, BONA FIDE PROFILE

You agree to create only one (1) unique, bona fide profile. A limited exception to this provision is given to Agencies recruiting multiple CareGivers and Agencies and Care Coordinators providing care for multiple Care Receivers. Legally licensed agencies are only allowed to create multiple profiles for the sole purpose of fulfilling a specific need within their organization. Care Coordinators are only allowed to create one (1) Account for themselves and multiple Care Receiver profiles within their account. Not all Members are available for matching. From time to time, CAREjourney.com may create test profiles in order to monitor the operation of the Services and Your compliance with this Agreement.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will create a password and Account designation ("Account") upon completing CAREjourney.com's registration process. You are responsible for all activities that occur under Your Account as well as maintaining the confidentiality of the same. You agree to:

immediately notify CAREjourney.com of any unauthorized use of Your Account or any other breach of security, and
ensure that You exit from Your Account at the end of each session.

CAREjourney.com is not liable for any loss or damage arising from Your failure to comply with this provision.

You agree that Your Account is for Your use only. You may not give permission to others to use or take possession of Your Account, and You may not assign or otherwise transfer Your Account to any other person or entity. You agree that CAREjourney.com is not responsible for third party access to Your Account that results from theft or misappropriation of Your user name and password.

LINKS

The Website may contain links to other sites. These links are for Your convenience only, and CAREjourney.com makes no representations whatsoever regarding such other sites or the links contained therein or any changes or updates of such websites. CAREjourney.com is not responsible for the policies, agreements, procedures or the content of any other site. The inclusion of a link on the Website does not imply endorsement or any association with CAREjourney.com unless expressly indicated. Your correspondence or business dealings with, or participation in promotions of websites and/or businesses found on or through the Website or Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given, and any other terms, conditions, warranties or representations associated with such dealings) are solely between You and such entities. You agree that CAREjourney.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the use of any links to other websites.

FAIR CREDIT REPORTING ACT

If You decide to use Care People discovered through the Website, You agree to comply where applicable with the Fair Credit Reporting Act ("FCRA"), which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. You agree to promptly report Care People that are not complying with FCRA to the appropriate authorities.

YOUR CONDUCT

You agree that all information, data, photographs, graphics, video, audio, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to the Website, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content that You upload, post, email, transmit, or otherwise make available via the Website. CAREjourney.com does not control the Content posted via the Website and, as such, does not guarantee the accuracy, integrity, or quality of such Content. CAREjourney.com may delete any Content for any reason in its sole discretion.

You understand that, by using the Website, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CAREjourney.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website. CAREjourney.com reserves the right, but has no obligation, to review and delete any Content that, in the sole judgment of CAREjourney.com, may be contrary to the interest or safety of the Website or may violate any applicable law.

You agree to not use CAREjourney.com to:

post or submit incomplete, false or inaccurate biographical information or information which is not Your own;

upload, post, email, transmit, communicate, link to, engage in any activity, or otherwise make available any Content that is unlawful, inaccurate, harmful, threatening, abusive, harassing, threatening, intimidating, tortuous, defamatory, vulgar, obscene, profane, offensive, sexually oriented, libelous, invasive of another's privacy, promoting physical harm of any kind against any individual or group, or promotes bigotry, hatred or is racially, ethnically, or otherwise objectionable or unlawful;
take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
post any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity;
post any Content on the Website for any competitor of CAREjourney.com or post Content that contains links to any site competitive with the Website;
post Content on the Website that contains hyperlinks, "hidden" keywords or keywords that are irrelevant to the posting or are otherwise misleading;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
upload, post, email, transmit or otherwise make available any Content that:
- contains another's image or voice without that person's permission (or in the case of a minor, their legal guardian's permission).
- You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other intellectual, proprietary rights ("IP Rights") of any party without first obtaining proper permission to do so;
- is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "spimming," "phishing," "trolling," contests, surveys or any other form of solicitation or data collection, except in those areas (such as shopping) that are designated and intended for such purpose;
- contains software viruses, time bombs, Trojan horses, cancelbots, worms or any other computer code, files, or programs designed to or that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
delete or revise any Content posted by any other person or entity;
use scripts, bots, or other automated technology to access the Website;
aggregate, copy or duplicate in any manner any of the Content or information available on the Website, without express written consent from CAREjourney.com;
frame or link to any Content or information available from the Website;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with, disrupt, disable, damage, impair or overload the Website, servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
"stalk" or otherwise harass another;
defraud, swindle, or deceive other users of the Services;
promote or solicit involvement in or support of a political platform, religion, cult, or sect;
decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
collect, disseminate, or store personal data about other users for commercial or unlawful purposes or in connection with the prohibited conduct and activities set forth in this Agreement;
interfere with any other party's use and enjoyment of the Website with meaningless, off-topic, annoying or other interfering material;
solicit gambling or engage in gambling or other similar activity;
download any Content posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal, or other proper notices or proprietary designation or labels of the origin or source of software or other Content contained in an uploaded file or Content;
violate any applicable laws or regulations;
harass, annoy, intimidate or threaten any CAREjourney.com Agents.

By placing Content on the Website, You grant to CAREjourney.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content), such Content and grant sub-licenses of the foregoing.

You acknowledge, consent, and agree that CAREjourney.com may access, preserve, and disclose Your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

comply with a legal process;
enforce this Agreement;
respond to claims that any Content violates the rights of third parties;
respond to Your requests for customer service; or
attempt to protect the rights, property or personal safety of CAREjourney.com, its users and the public.

You understand that the technical processing and transmission of the Website, including Your Content, may involve:

transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.

PROHIBITED USE

The Website, services, or information contained within the Website and its database(s) may not be used by You for any purpose other than that described on the Website, in this Agreement, by permission from CAREjourney.com or by permission from the owner of such information with consent from CAREjourney.com.

The Services and other features of CAREjourney.com may be used only for lawful purposes by individuals or Agencies seeking to provide care or seeking care for themselves or others. The Website and Services may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.

You understand that CAREjourney.com and the software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CAREjourney.com and/or content providers who provide content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited and CAREjourney.com reserves the right to take such action as necessary, in its sole discretion to protect its property.

If this Prohibited Use or any other terms stated in this Agreement are violated, We reserve the right, at Our sole discretion and option, to immediately terminate, block or otherwise prevent use of the Website by the violator and to assess a ten thousand dollar ($10,000) per day penalty from the day the violation began, or a two hundred fifty thousand dollar ($250,000) one-time penalty whichever is greater. This provision does not exclude any other rights CAREjourney.com may have in accordance with this Agreement or applicable law.

Any criminal violation of this Website will be prosecuted to the fullest extent of applicable law.

SOLICITATION

It is violation of this Agreement to use any information obtained from the Website or its database(s) to contact, solicit, advertise to, sell to, bargain with, trade, barter or otherwise promote to any user of the Website without the written consent of CAREjourney.com or the prior, explicit consent of the user. CAREjourney.com reserves the right to limit communication among all users and/or suspend or terminate the use of the Website by any user for any reason in its sole discretion.

PAYMENTS

Members are obligated to pay for the Services on the Website. Member agrees to pay CAREjourney.com all charges at the prices then in effect for use of the Services. Member authorizes CAREjourney.com to charge their chosen payment provider for the use of the Services.

Payments for Services are paid in advance and will be charged automatically and extended for successive renewal periods for terms selected by the Member. You may terminate Your subscription for the Services at any time, for any reason by using the online cancellation tool or contacting service@carejourney.com and writing CANCEL in the subject line of the email. Upon cancellation, You will still have use of the Services until the end of the current term if the term has been paid in advance. At the end of the period, membership shall be canceled. No refunds or credits will be remitted after You submit an Account cancellation request unless CAREjourney.com determines there has been an error. CAREjourney.com will not issue any refunds if it terminates Your membership for any good reason, including, but not limited to, any breach or violation of this Agreement.

CLOSING YOUR ACCOUNT

You may close Your Account at any time for any reason or no reason, without explanation, with no refund (except as provided herein) effective by using the online cancellation tool or contacting service@carejourney.com and writing CANCEL in the subject line of the email. Your access to the Website will be removed along with all connections to other Members at the end of Your prepaid period. However, any comments or ratings that are made available to other Members or visitors to the Website may be retained on the Website in Our sole discretion. In addition, closing Your Account does not extinguish any monies due to CAREjourney.com. CAREjourney.com reserves the right, but not the obligation to notify those You have contacted through the Website or its Services of Your cancellation.

NO WARRANTY

CAREJOURNEY.COM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREJOURNEY.COM IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CAREJOURNEY.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS CONTENT AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS CONTENT. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, UNINTERRUPTION, AVAILABILITY, CONNECTIVITY, FREEDOM FROM ERRORS, FREEDOM FROM COMPUTER VIRUSES, FREEDOM FROM DEFECT, OR MEETING YOUR REQUIREMENTS, IS GIVEN IN CONJUNCTION WITH THE CONTENT. YOU USE THE WEBSITE AT YOUR OWN RISK AND YOU ARE STRONGLY ENCOURAGED TO INSTALL APPROPRIATE PROTECTIVE MEASURES ON YOUR COMPUTER INCLUDING, BUT NOT LIMITED TO A REPUTABLE ANTI-VIRUS SOFTWARE.

THIRD PARTY SERVICES AND CONTENT

CAREjourney.com from time to time may use third parties to provide You with information, products and/or services ("Providers"). Your private, personal information will not be shared with Providers or others without Your permission. Use of any Provider is completely voluntary. CAREjourney.com does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the Provider. If You decide to use a Provider, You agree that CAREjourney.com is simply a venue for the Provider and CAREjourney.com does not have control over, assumes no responsibility for, and expressly disclaims liability for the quality, accuracy, reliability, and use of the information, products, and services provided. You also agree that, although CAREjourney.com may store or disseminate information, ship or otherwise facilitate delivery for a Provider, this process does not void this provision.

Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by CAREjourney.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not:

guarantee the accuracy, completeness or usefulness of any information provided on the Website, or
adopt, endorse or accept responsibility for the acuracy or reliability of any opinion, advice or statement made by any party other than Us.

UNDER NO CIRCUMSTANCES WILL CAREJOURNEY.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS.

LIMITATIONS OF LIABILITY

CAREJOURNEY.COM HAS NO LIABILITY OR RESPONSIBILITY TO YOU FOR PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES PROVIDED BY CAREGIVERS, CARE RECEIVERS, CARE COORDINATORS OR AGENCIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY CHARACTER THAT ARISE FROM YOUR OR ANY OTHER USERS' USE OF THE WEBSITE.

IN NO EVENT WILL CAREJOURNEY.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES INCLUDING, BUT NOT LIMITED TO, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN CONNECTION WITH THIS WEBSITE, ANY INFORMATION RECEIVED FROM THE WEBSITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE OR INABILITY TO USE THE WEBSITE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CAREJOURNEY.COM OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THIS DISCLAIMER OF LIABILITY INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF THIRD PARTY SERVICE PROVIDERS AND USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

UNDER NO CIRCUMSTANCES WILL CAREJOURNEY.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID US FOR THE USE OF THE WEBSITE, THE AMOUNT OF US $100.00 OR ITS EQUIVALENT.

YOUR AUTHORITY TO ACT FOR OTHERS

If you are using the Website for the benefit of another, You represent and warrant that You have full legal authority to act on that person's behalf. You assume full liability for yourself and for CAREjourney.com and will indemnify and hold Us harmless for all damages resulting from your actions on behalf of another including misrepresenting your authority to do so. Your legal authority must also grant You the right to bind the person to this Agreement as if they made the agreement themselves. CAREjourney.com reserves the right, but has no obligation whatsoever, to require proof of this legal authority and You agree that We have the right to hold both You and the person you represent accountable for this Agreement.

INDEMNIFICATION

AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CAREJOURNEY.COM AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES AND AGENTS (COLLECTIVELY, "CAREJOURNEY.COM AGENTS") FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THIS WEBSITE AND ANY COMMUNICATIONS, MESSAGES, INFORMATION OR MATERIALS UPLOADED, POSTED, DISTRIBUTED, OR TRANSMITTED TO OR THROUGH THIS WEBSITE BY YOU. IF YOU ARE DISSATISFIED WITH ANY MATERIAL, OR WITH ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

You further agree that You will cooperate as reasonably required in the defense of such claims. CAREjourney.com reserves the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You will not, in any event, settle any claim or matter without the written consent of CAREjourney.com. Our participation in any matter subject to indemnification by You does not waive Your obligation under this section or in this Agreement.

ABUSE VICTIMS DISCLOSURE

Notwithstanding any other provision of this Agreement or the Privacy Policy, CAREjourney.com reserves the right to disclose information that You submit to the Website, if in its sole discretion, We suspect or have reason to suspect, that the information involves a party who may be the victim or perpetrator of abuse in any form or if such information may be helpful to or, is requested by, any government entity or police or law enforcement authority. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that CAREjourney.com, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that CAREjourney.com is permitted to make such disclosure.

You further agree that, if You have knowledge of or believe that any Caregiver or Care Provider is abusing any Care Receiver, You will immediately notify the appropriate authority and CAREjourney.com by sending an email to concerns@CAREjourney.com and informing Us of the circumstances and known facts surrounding such alleged abuse. It is Your responsibility to inform the authorities about others or if you are the perpetrator of such abuse, to cease your actions immediately and inform the proper authority. WE ARE NOT THE PROPER AUTHORITY AND BY INFORMING US, YOU HAVE NOT INFORMED THE PROPER AUTHORITY.

RESEARCH INFORMATION

By using the Website, You agree to allow CAREjourney.com to anonymously use the information from You and Your experiences through the Website to continue CAREjourney.com's research into successful Caregiver matching and to improve the Website and Services.

BETA (EXPERIMENTAL) FEATURES

From time to time, CAREjourney.com may offer new "beta" features or tools with which its users may sample on the Website. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion.

NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

If You believe that your copyrighted work, trademark or other proprietary rights have been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright or trademark infringement, You may request removal of those materials or access thereto from this Website by contacting CAREjourney.com at service@carejourney.com and providing the following information:

Put in the subject line of the email the words "ALLEGED COPYRIGHT OR TRADEMARK INFRINGEMENT".

Identify the copyrighted work or trademark that You believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g. URL) of an authorized version of the work.

Your name, address, telephone number and email address or other information that reasonably permits Us to contact You.

A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright or trademark owner, its agent or the law.

A statement that the information that You have supplied is accurate and indicating that "under penalty of perjury" You are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.

A signature or the electronic equivalent from the copyright or trademark owner or authorized representative.

ANY FALSIFICATION, MISREPRESENTATION OR MISCHARACTERIZATION OF ANY OF THIS INFORMATION SHALL BE PROSECUTED TO THE FULLEST EXTENT OF APPLICABLE LAW.

PROPRIETARY RIGHTS

You hereby acknowledge and agree that CAREjourney.com is the owner of highly valuable proprietary information, including without limitation, the matching system and engine, databases, profiles, and questionnaires (collectively, "Confidential Information"). We own and hereby retain all proprietary rights in the Services and the Website, including but not limited to, all Confidential Information

The service marks and trademarks "Care Journey", "CAREjourney", "CAREjourney.com" are trademarks owned by CAREjourney.com. Any other trademarks, service marks, logos and trade names appearing on the Website are the property of their respective owners. You acknowledge the rights of CAREjourney.com and the respective third parties in those marks.

You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way the Confidential Information or other copyrighted material,trademarks, or other proprietary information accessible via the Website in violation of this Agreement or without first obtaining the prior written consent of the owner of such proprietary rights and Us.

DISPUTES, ARBITRATION, GOVERNING LAW AND VENUE

Should a dispute arise between or among the Caregiver, Care Receiver, Care Coordinator or Agency, the dispute will be resolved between the disputing parties. CAREjourney.com will in no way be included in this dispute or named in any legal proceedings that may arise from it. We will reject any complaints related to this type of dispute and You will be required to indemnify, defend and hold Us and Our agents harmless from all claims, damages and other expenses, including but not limited to attorneys' fees, incurred by, or assessed against, Us or Our agents as a result of Us being involved in such dispute.

Should any dispute arise between You and CAREjourney.com, You agree to contact Us and provide Us the opportunity to resolve the dispute amicably to the satisfaction of both parties. Should the parties be unable to resolve the dispute, both parties agree to submit the matter to arbitration. The arbitration shall be governed by the rules of the American Arbitration Association and the laws of the state of Texas. You agree that the venue for arbitration shall be Collin County, Texas, which is the primary place of business for CAREjourney.com. The non-prevailing party shall pay all of the prevailing party's costs related to the dispute and arbitration including but not limited to attorney fees and costs, arbitrator's fees and costs and costs of collection. The non-prevailing party shall not, however, be reimbursed for any travel costs including incidentals unless You are successful in changing the venue. In this case, CAREjourney.com shall be reimbursed for all travel costs including incidentals.

In addition to Your agreement to arbitrate any irresolvable disputes, You acknowledge and agree that any violation of this Agreement may cause CAREjourney.com irreparable harm, and therefore agree that, if We, in Our sole opinion, believe that Your breach of this Agreement poses an imminent threat to Us, the Website, Services or to any user, We will be entitled to seek immediate, extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without first seeking an amicable resolution or the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that We may have for a breach of this Agreement.

MISCELLANEOUS

This Agreement and the Privacy Policy located on the Website and any amendments thereof constitute the entire Agreement between You and CAREjourney.com regarding the use of this Website and Services, superseding any prior agreements between You and CAREjourney.com related to Your use of this Website or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, this Agreement will survive termination of Your membership.

The failure of CAREjourney.com to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect and are in no particular order or order of importance.

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall 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 shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

We may use Your email address to send You messages notifying You of important changes to the Website, Services, or special offers. These messages are not in lieu of your inspection of the date of this Agreement each time You use the Website. Further, We may contact You by telephone if You voluntarily provide Us with Your telephone number, in order to communicate with You regarding the Website or Services. If You do not want to receive such email messages or telephone calls (including at any wireless number You may have voluntarily provided Us), please refer to Our Privacy Policy to review Your options

CONTACT INFORMATION

You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail with your name and address to service@carejourney.com or a letter and self-addressed stamped envelope to the address below.

If You have any questions or need further information as to the Website or Service provided by CAREjourney.com, or need to notify Us about any matters relating to the Website or Service, please contact Us at:

Service
CAREjourney.com
PO Box 940065
Plano, TX 75094
service@carejourney.com

Copyright 2008-2009 CAREjourney.com. All Rights Reserved. CAREJOURNEY, CAREJOURNEY.COM, CARE JOURNEY, YOUR TAILORED PATH TO CARE, and several other marks, colors, and images are registered and common law trademarks of CAREjourney.com. Other trademarks and brands are the property of their respective owners.