Terms of Service

1. Acceptance and Scope

These Terms of Service (“Terms”) govern your access to and use of the websites, local branch pages, landing pages, forms, chat tools, and other online features owned or controlled by Happy to Help Caregiving LLC, together with its affiliated operating entities doing business as Happy to Help Caregiving (“Happy to Help Caregiving,” “HTH,” “we,” “us,” or “our”) that link to these Terms (collectively, the “Websites”).

By accessing or using the Websites, you agree to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Websites.

2. What the Websites Are - and Are Not

The Websites provide general information about our non-medical in-home care services, local offices, contact methods, career opportunities, and tools that allow you to request information, request care, apply for work, or communicate with us.

Use of the Websites does not, by itself, create a caregiver-client relationship, employment relationship, or guarantee that services or employment are available in any location. Any care relationship is governed by separate assessments, authorizations, and signed client service documents. Any employment relationship is governed by separate application, offer, onboarding, and employment documents.

3. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use the Websites or submit information through them. If you use the Websites on behalf of another person, family member, care recipient, or business entity, you represent that you have authority to do so.

4. Information You Submit About Other People

If you submit personal information about another person, such as a care recipient, family member, emergency contact, authorized representative, reference, or applicant, you represent that you are authorized to provide that information and to permit us to contact that person or otherwise process the information in connection with your request, our services, or our recruiting processes.

5. Communications

If you provide contact information through the Websites or otherwise communicate with us, you agree that we may contact you about your inquiry, care request, scheduling, service coordination, billing, application, recruiting, or other operational matters by phone, text message, email, chat, or other reasonable means consistent with applicable law.

Marketing-related autodialed or prerecorded calls and marketing text messages will be sent only where we have any consent required by applicable law. Consent to receive marketing communications is not a condition of receiving services or applying for employment. You may opt out of marketing texts by replying STOP and marketing emails by using the unsubscribe link included in the message.

6. No Medical Advice; Emergency Disclaimer

HTH provides non-medical in-home care. The Websites and all content made available through them are for general informational purposes only and are not medical, nursing, legal, tax, insurance, or other professional advice.

Do not rely on the Websites for diagnosis, treatment, medication decisions, or emergency response. If you believe someone is experiencing a medical emergency or immediate safety issue, call 911 or your local emergency services immediately.

7. Limited License

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Websites for your personal, non-commercial use, or for legitimate business purposes related to requesting our services or applying for employment with us. No ownership or other rights are transferred to you.

8. Intellectual Property

All content and materials on the Websites, including text, graphics, logos, photos, videos, page layouts, software, service marks, trademarks, and other intellectual property, are owned by or licensed to HTH and are protected by applicable law.

Except as expressly permitted in writing, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, republish, sell, license, or exploit any part of the Websites or their content.

9. User Feedback, Reviews, and Submissions

If you send us feedback, suggestions, testimonials, reviews, inquiries, application materials, or other submissions through the Websites or our communications channels, you grant us the right to use that content as reasonably necessary to respond to you, provide services, evaluate applications, improve our operations, or otherwise run our business, subject to applicable law and any rights you retain.

You must not submit unlawful, infringing, misleading, harassing, defamatory, or malicious content, or transmit payment card information or other sensitive information through unsecured channels unless expressly requested through a secure method.

10. Prohibited Uses

You agree not to use the Websites to:

• Violate any law or regulation
• Impersonate another person or misrepresent your affiliation
• Submit false inquiries, false care requests, or false job applications
• Scrape, spider, crawl, or harvest data from the Websites
• Interfere with the operation or security of the Websites
• Upload malware or harmful code
• Attempt unauthorized access to systems, accounts, or data
• Infringe the rights of HTH or any third party
• Use the Websites to market unrelated third-party goods or services without our written permission

11. Third-Party Links and Services

The Websites may contain links to third-party websites, review platforms, payment providers, job platforms, maps, communication tools, analytics tools, or other services that we do not own or control. We are not responsible for the content, availability, privacy practices, or terms of any third-party service. Your dealings with third parties are solely between you and the third party.

12. Pricing, Availability, and Website Content Disclaimer

Any pricing ranges, service descriptions, staffing statements, review excerpts, geographic references, response-time statements, or similar content on the Websites are provided for general informational purposes and may change without notice.

Actual rates, availability, local coverage, caregiver matching, service start dates, benefits eligibility, schedules, and service terms vary by market, staffing, care needs, and written agreement. Website content does not guarantee that a service will be available, approved, or appropriate in any specific case.

13. Disclaimer of Warranties

THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR UNINTERRUPTED ACCESS.

WE DO NOT WARRANT THAT THE WEBSITES WILL BE ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HTH AND ITS OWNERS, AFFILIATES, LOCAL OPERATING ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF HTH AND THE OTHER PARTIES DESCRIBED ABOVE FOR CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNT, IF ANY, YOU PAID SPECIFICALLY FOR ACCESS TO THE WEBSITES.

This Section applies only to claims arising from the Websites and does not alter any separate written allocation of rights or responsibilities contained in a signed client service agreement, employment document, or other direct agreement with HTH.

15. Indemnification

You agree to indemnify, defend, and hold harmless HTH and its affiliates, local operating entities, officers, directors, employees, contractors, agents, and licensors from and against any claims, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Websites, your violation of these Terms, or your infringement of any rights of another person or entity.

16. Suspension and Termination

We may suspend, restrict, or terminate access to all or any part of the Websites at any time, with or without notice, if we believe you have violated these Terms, applicable law, or the security or integrity of the Websites.

17. Privacy Policy

Your use of the Websites is also governed by our Privacy Policy, which is incorporated into these Terms by reference. If there is a conflict between these Terms and a separate signed agreement governing care services or employment, the separate signed agreement controls for the subject matter it covers.

18. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date posted with the Terms. Your continued use of the Websites after revised Terms are posted means you accept the revised Terms.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules. Unless a different dispute-resolution process applies under a separate signed agreement, any dispute arising out of or relating to these Terms or the Websites must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and you consent to personal jurisdiction and venue in those courts.

20. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent. These Terms, together with the Privacy Policy, constitute the entire agreement between you and HTH regarding use of the Websites.

21. Contact Information

If you have questions about these Terms or the Websites, please contact us at legal@happycaregiving.com.

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