Terms and Conditions
- These terms and conditions (these “Terms”) are the only terms that govern this Agreement.
- These Terms prevail over any of User’s general terms and conditions regardless whether or when User has submitted its request for proposal, order, or such terms. Provision of services to User does not constitute acceptance of any of User’s terms and conditions and does not serve to modify or amend these Terms.
- Oral modifications of these terms are not binding
Description of Site and Services.
- AyiConnection provides a platform to connect individuals seeking care services (“Families”) with individuals seeking to provide services (“Caregivers”, collectively with “Families”, “Users” or “User”). AyiConnection is not an employment or referral service and does not serve as an employer of Users, or recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes. AyiConnection has no control over the acts or omissions of any Users on or off the Site and makes no representations or warranties about the quality of the care services provided by any User. AyiConnection is not responsible for the performance or conduct, whether on or off the Site of Users. Users transact amongst themselves. AyiConnection is NOT involved in the transactions. Users should make own assessments and decisions prior to interaction. As such, AyiConnection expressly disclaims, and each User expressly releases AyiConnection from any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site.
Use of AyiConnection Services
- To use the AyiConnection Service (“Service”) you must be at least 18 years old, have and will at all times comply with all laws and regulations, including without limitation being legally authorized to work in the jurisdiction in which User seeks to provide or receive services. We reserve the right to require proof that you meet the age requirement. Failure to provide accurate proof of age shall result in a forfeit of any virtual items associated with your account.
- Registration. Certain sections of the Services we provide to you may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.
- Content Submitted or Made Available For Inclusion on the Service. Ayiconnection.com does not claim ownership of content Users submit or make available for inclusion on the Service. However, with respect to Content Users submit or make available for inclusion on publicly accessible areas of the Service, Users grant Ayiconnection.com the following world‐wide, royalty free and non‐exclusive license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Ayiconnection.com
AyiConnection Fees and Purchases
- You agree to pay all fees incurred by you or anyone using an account registered to you with or without your knowledge.
- YOU ACKNOWLEDGE THAT AYI CONNECTION IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non- sublicensable, revocable license to use goods or services (“Merchandise”). You are only allowed to purchase Merchandise from us or our authorized partners through the Service, and not in any other way.
- AyiConnection may manage, regulate, control, modify or eliminate Merchandise with or without notice. AyiConnection shall have no liability to you or any third party in the event that AyiConnection exercises any such rights. No transfer of Merchandise is allowed unless specifically authorized in writing by AyiConnection.
- ALL PURCHASES AND REDEMPTIONS OF A VIRTUAL CURRENCY MADE THROUGH AYICONNECTION ARE FINAL AND NON-REFUNDABLE.
- AyiConnection reserves the right to suspend account access and take any account offline at AyiConnection Discretion. AyiConnection is not liable for any of the users potential damages upon suspension.
- Arbitration. All disputes between you and AyiConnection shall be resolved through binding arbitration. The arbitrator must follow this agreement and has the ability to award the same relief as a court could. You must opt out of this arbitration agreement at the time of registration. You may opt-out by providing written notice to the e-mail address provided in this Agreement.
Credit Card Usage
- Any agreement formed by the User with the Merchant Gateway Provider in no way binds, forms a partnership, creates a duty or a liability on the part of AyiConnection. All charge disputes must be brought through the Merchant Gateway Provider.
Updates to the Service
- You understand that the services AyiConnection provide are evolving ones. AyiConnection may require that you accept updates to the Service and to AyiConnection applications you have installed on your device. You acknowledge and agree that AyiConnection may update their services and applications with or without notifying you. AyiConnection will make all necessary updates to your profile or information unless requested otherwise in writing by the User.
- When you use any AyiConnection Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Patents, Copyrights and Trademarks:
- The technology and content provided by AyiConnection are owned by or licensed to AyiConnection and protected by United States and international intellectual property laws. AyiConnection and its licensors retain all proprietary rights to that content and technology. Please see notices on individual referenced sites, products and services for additional notices and information. The trademarks, service marks, trade names and logos appearing on this site are trademarks of AyiConnection and or its affiliates or licensors.
- By offering this Service for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services on this website, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of any downloaded materials in your possession or control. Except for the limited license set forth in these Terms, AyiConnection does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Usage Restrictions: By accessing, browsing, or using any AyiConnection website or application (the “Services”), you agree to the following restrictions:
- You will not use, intentionally or unintentionally any of the content, information, or services on an AyiConnection Service in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law.
- You will not use an AyiConnection Service in any manner that could harm, infect, takeover, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website
- You will not interfere with any other party's use and enjoyment of an AyiConnection Service, or of any of the content, information, or services provided on an AyiConnection Service;
- To the extent that you are able to upload, post or otherwise transmit content using the website or application, you will not upload, post, or otherwise transmit any content that you do not have a right to transmit 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);
- You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for the website or application, through password mining, hacking, or any other means;
- You will not seek to gain access to any materials or information through any means not intentionally made available by us;
- You will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit an AyiConnection Service, or any portion hereof without AyiConnection’ prior written consent, except that you may reproduce limited content from the website or application describing AyiConnection’ products and services solely to educate users or potential users about AyiConnection products or services;
- You will not use any framing techniques to enclose any portion of an AyiConnection Service (including, but not limited to, images, text, page layout, and form) without AyiConnection prior consent;
- You will not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without AyiConnection consent;
- You will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;
- You will not use any robot, spider, other automatic software or device, or manual process to monitor or copy a AyiConnection Service or the content, information, or services without AyiConnection prior written consent;
- You will not collect any email addresses made available for purposes of 3 rd party promotions or marketing campaigns;
- You agree to not send unsolicited electronic messages to multiple unrelated recipients or engage in any other form of spamming prohibited by law in connection with activities contemplated under this Agreement.
- You will not distribute, on or through an AyiConnection Service, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization outside the scope of this Agreement without AyiConnection prior written permission; and
- You will not use or otherwise export or re-export the website or application, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.
WARRANTIES AND DISCLAIMERS
AYICONNECTION PROVIDES THE SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO:
- WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS; WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE; WARRANTIES AS TO THE LIFE OF ANY URL OF THIRD-PARTY WEB SERVICE AND APPLICATION; AND WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, AYI CONNECTION.
- By accessing, browsing, or using any AyiConnection Service, you acknowledge that provisions of content and software entails the likelihood of some human and machine errors, delays, interruptions, and losses, including the inadvertent loss of data or damage to media; AyiConnection’ sites, and the products and services referenced therein may not satisfy User requirements not expressly stated in the Agreement and in no event will AyiConnection be liable, in contract, tort, strict liability, or otherwise, for indirect, incidental, special, punitive, or consequential damages of any kind arising out of, or in connection with use of this website, whether or not AyiConnection has been advised of the possibility of such damage; Any claim(s) relating in any way to User’s inability or failure to perform research or other work or to perform such research or work properly or completely, even if assisted by AyiConnection; Any decision made or action taken by User in reliance upon the availability of or content made available through any AyiConnection Service.
- YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD AYI CONNECTION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS BY YOU.
Limitation of Liability
- In no event shall AyiConnection be liable to User or to any Third Party for any loss of use, revenue or profit (or loss of data or diminution in value), or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not AyiConnection has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
- In no event shall AyiConnection aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed two times the aggregate amounts paid or payable to AyiConnection pursuant to this Agreement in the year period preceding the event giving rise to the claim.
- If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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 disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Termination for Cause - You acknowledge and agree that AyiConnection, in its sole discretion, may terminate your access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, AyiConnection shall not be liable to you or any third party for termination of access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Service.
- AyiConnection reserves the right to terminate any account that has been inactive for 180 days.
- AyiConnection reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, AyiConnection shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
- You may terminate your Account by providing thirty (30) days written advance notice.
Governing Law and Jurisdiction
- These Terms are governed by and construed in accordance with the laws of the state of Texas, and any action arising out of or relating to these terms shall be filed only in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
- Any notice given in connection with this Agreement shall be in writing and shall be delivered by e-mail. Either party may change its address by giving written notice of the change to the other party.
Relationship of Parties
- The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Links to Third Party Sites
- This Services may provide links to other third-party World Wide Web sites or resources. AyiConnection makes no representations whatsoever about any other web site which you may access through these Services. Because AyiConnection has no control over such sites and resources, you acknowledge and agree that AyiConnection is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. AyiConnection makes no representation or warranty as to any third-party Content, products or services, and you agree that AyiConnection shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
- No waiver by AyiConnection of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by AyiConnection. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
- In the event a lawsuit of any kind is instituted under this Agreement or to obtain performance of any kind under this Agreement, the prevailing party shall be entitled to additional sums as the court may adjudge for reasonable attorneys’ fees, subject to the other party’s right to appeal.
- Neither party shall be liable for or deemed to be in default for any delay or failure to perform under this Agreement if such delay or failure to perform results from an act of God, civil or military authority, act of war, riot, insurrection, escalation of hostilities, or other occurrence beyond that party’s control. In such case, the intervening cause must not be caused by the party asserting it and the excused party is obligated to promptly perform in accordance with the terms of this Agreement after the intervening cause ceases.
No Third Party Beneficiaries
- This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
- User shall not assign any of its rights or delate any of its obligations under this Agreement without the prior written consent of AyiConnection. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under this Agreement.
- This Agreement represents the entire Agreement between the parties with respect to the subject matter hereof, superseding all previous oral or written communications, representations or agreements. This Agreement may be modified only by a duly authorized and executed writing signed by both parties.