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Terms and Conditions

Last updated: October 04, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.genxhealthcare.com website and the GenX Healthcare mobile application (together, or individually, the "Service") operated by GEN-X Assisted Healthcare, LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

 

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

 

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GEN-X Assisted Healthcare, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting GEN-X Assisted Healthcare, LLC customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide GEN-X Assisted Healthcare, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GEN-X Assisted Healthcare, LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, GEN-X Assisted Healthcare, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

 

Fee Changes

GEN-X Assisted Healthcare, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

GEN-X Assisted Healthcare, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

 

Refunds

Except when required by law, paid Subscription fees are non-refundable.

 

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

GEN-X Assisted Healthcare, LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of GEN-X Assisted Healthcare, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GEN-X Assisted Healthcare, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GEN-X Assisted Healthcare, LLC.

 

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by GEN-X Assisted Healthcare, LLC

GEN-X Assisted Healthcare, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that GEN-X Assisted Healthcare, LLC 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 content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

 

Indemnification

You agree to defend, indemnify and hold harmless GEN-X Assisted Healthcare, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

 

 

Limitation Of Liability

In no event shall GEN-X Assisted Healthcare, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GEN-X Assisted Healthcare, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please

contact us

Term of Use

 

Overview / Description of Services

Services for Users: The website Genxhealthcare.com is a gateway that enables individuals known as Care Seekers and Care Providers access to a portal to connect with one another for care services.

Registered Care Seekers are able to post to a job board services needed, or directly send a job offer /proposal to a Registered Care Provider that is listed on the site. The Care Provider has the option to Accept or Reject an offer.

Genx enables Care Providers and entities that provide care services to post their profiles with their qualifications. Care Providers can also apply to job listings posted by Care Seekers or businesses on the websites job board.

(i) Our portal website helps connect Registered Users (“Care Providers” and “Care Seekers”) by using the portal tools and features. (ii) We help users (individuals and entities who provide care services) connect with clients seeking care, by giving Registered User’s access to the portal to post their profile, along with their qualifications and experience. Care Providers are able to apply for positions that are posted to the job board by Registered Care Seekers as well as receive job proposals that are sent to them by Care Seekers.

 

Limitation of Services

GenX does not employ, endorse or recommend any Care Professionals on their sites. Care Professionals hired by a Care Seeker may become the employee of the Care seeker and therefore; need to comply with Local, State and Federal regulations regarding employment whether as an (“Employee” or “W-9 Independent Contractor”). The company does not monitor or regulate relationships between the parties known as (“Care Seeker” and “Care Provider”) nor do they perform background checks on its members.

 

User Responsibilities

GenX does NOT perform background checks on registered members, it is the sole responsibility of the (“Care Seeker or Care Provider”) to verify the credentials of each Care Provider or Care Seeker as they deem acceptable before hiring or engaging them. A (“Care Seeker or Care Provider”) has the responsibility of complying with local, state and federal laws. Any issues concerning the foregoing must be resolved directly between the Care Seeker and the individual Care Provider. GenX Assisted Healthcare is NOT an employer and will never recommend Care Providers to Care Seekers or Care Seekers to Care Providers. It is the responsibility of the two parties to do their own due diligence.

 

IMPORTANT: Any screening of a Care Seeker or Care Provider of his / her information is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s to be deemed suitable as an employer or care provider. Care Seekers are solely responsible for interviewing, and performing verification checks on, confirming work authorization/I-9 of, verifying information provided by, and selecting a Care Provider for themselves or their family member’s. Each Care Seeker is also responsible for complying with all applicable tax, employment local, state and federal laws in connection with any employment relationship they potentially may establish with the Care Provider, including verifying the Care Provider’s age and eligibility to work in the United States.

 

Rules for User Conduct and Eligibility

To be eligible to use our Services, you must meet the following criteria and follow the guidelines of use:

  •  You are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services;
  •  You agree to use the site in its proper intended use.
  •  Care Providers must be permitted to legally work within the United States
  •  You will not use/post material deemed improper such as (explicit language, photos)
  •  You acknowledge the privacy of clients and registered users of this website.

By registering or using the Services of GenXhealthcare.com, you acknowledge that you have met the applicable eligibility requirements stated above and that you have met the conditions and terms and you will abide by all of these terms, as applicable. You understand by not abiding by the above you may be terminated from use of the website

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