This Agreement governs the use of the services (the "Service") offered by Silkroad Cares, LLC, (hereinafter, CallSeniorCare.com) at the CallSeniorCare.com Web Site (the "Site"). Please read this Agreement before using the Site. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement. If you object to anything in this Agreement or the Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change at any time, effective upon posting on the Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

CallSeniorCare.com Connects Care Providers and Care Recipients

CallSeniorCare.com is a communications platform for enabling the connection between individuals seeking services ("Care Recipients") and/or individuals seeking to provide services ("Care Providers")(collectively, "Users"). Users do hereby represent, understand and expressly agree that CallSeniorCare.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Recipients. All Users do hereby expressly agree not to hold CallSeniorCare.com (or CallSeniorCare.com's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and CallSeniorCare.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

Users of the Site contract between themselves. In no way is CallSeniorCare.com involved in transactions for care services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. CallSeniorCare.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold CallSeniorCare.com harmless for any claim or controversy that may arise from any disputes between Users of the Site. CallSeniorCare.com will use its "best efforts" to monitor User profiles, actions, comments, and general usage of the Site and suspend privileges to any User not adhering to policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any Users to CallSeniorCare.com immediately by notifying CallSeniorCare.com of the same via electronic correspondence at support/at/CallSeniorCare/dot/com.

If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Site by any User that CallSeniorCare.com finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. CallSeniorCare.com reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of seventeen (17). Only caregivers who are 17 years of age or older and able to work legally in their state or country should register with CallSeniorCare.com. CallSeniorCare.com will not be held responsible to ensure the legal working eligibility of its registered caregivers. All Users are solely responsible for confirming the legal status of the caregiver they hire. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense, or for anyone with an open police investigation, which involves a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, open police investigations, experience and/or eligibility for employment in the jurisdiction of the United States of any User of this Site is not the responsibility of CallSeniorCare.com. Any such misstatements and/or misrepresentations are grounds for immediate termination from the Site and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. CallSeniorCare.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of this Site. Users do hereby represent, understand and agree to hold CallSeniorCare.com harmless for any misstatements and/or misrepresentations made by any Users of this Site.

All Users do hereby agree to be the sole, authorized user of their account. Should any user of this Site authorize any third party to use their account, User does hereby agree to supervise all usage thereof. CallSeniorCare.com has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact CallSeniorCare.com immediately. Links from CallSeniorCare.com to other sites on the Web do not constitute the endorsement of CallSeniorCare.com. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Such hyperlinks are provided for reference and convenience only. CallSeniorCare.com does not control such websites, and is not responsible for their content. Just because CallSeniorCare.com has hyperlinks to such websites does not mean that CallSeniorCare.com endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by CallSeniorCare.com's Terms of Use and Privacy Policy. Links to external websites (including external websites that are framed by CallSeniorCare.com) or inclusion of advertisements do not constitute an endorsement of by CallSeniorCare.com of such sites or the content, products, advertising and other materials presented on such sites, but are for User's convenience. Users access them at their own risk. CallSeniorCare.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users do hereby agree to hold CallSeniorCare.com harmless from any liability that may result from the use of links that may appear on the Site.

Users should monitor children's use of the Internet. CallSeniorCare.com is intended for people 17 or older. We have also made an effort to specifically limit CallSeniorCare.com's appeal to people of age 17 or older. CallSeniorCare.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. CallSeniorCare.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also supporters and maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provide any false information to us when using this Site, your membership will be terminated immediately.

The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing care services. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with CallSeniorCare.com without express written permission from CallSeniorCare.com. Should CallSeniorCare.com find that you violate the terms of this section or any terms stated herein, CallSeniorCare.com reserves the right to terminate your use of this Site at its sole discretion at any time, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may only register as an Agency or advertiser and should not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from CallSeniorCare.com is obtained in advance. Appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of CallSeniorCare.com. CallSeniorCare.com reserves the right to terminate your use of this Site at its sole discretion at any time.

CallSeniorCare.com is a communications platform for enabling the connection between Users. CallSeniorCare.com does not take part in the interaction between Users. CallSeniorCare.com does not have control over the quality, timing or legality of services actually delivered by its Users. CallSeniorCare.com makes no representations about the suitability, reliability, timeliness, and accuracy of the childcare provided by Users through the Site whether in public, private or offline interactions. Due to the nature of the Internet, CallSeniorCare.com cannot confirm that each User is who they claim to be, however, CallSeniorCare.com has established a forum for Users to provide references. CallSeniorCare.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. CallSeniorCare.com does not assume and expressly disclaims any liability that may result from the use of this information.

Because we are not involved in the actual contact between Users, in the event that you have a dispute with one or more users, you release CallSeniorCare.com (and our officers, directors, agents, investors, subsidiaries and employees) from claims, demands or damages (actual or consequential) 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.

Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. CallSeniorCare.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant CallSeniorCare.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in CallSeniorCare.com's Privacy Policy, any submissions to Public Areas will be public, and CallSeniorCare.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

"Your Information" is defined as any information you provide to us or other users, through the Site. You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to your Information: your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable CallSeniorCare.com to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known. CallSeniorCare.com will only use your Information in accordance with our Privacy Policy.

CallSeniorCare.com may make available to Users a third party verification service ("Verification Service") which enables Users to verify an individual’s information, including, but not limited to, credentials, criminal background, and credit history. Use of the Verification Service is voluntary. CallSeniorCare.com does not certify that it will monitor in any way the information provided by such Verification Service as CallSeniorCare.com is merely a conduit. Further, CallSeniorCare.com does not endorse or make any representations regarding the reliability of the Verification Service.

If you use a Verification Service, you hereby warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681 ("FCRA"), which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf. CallSeniorCare.com is merely a conduit for the information returned from a Verification Service, and in no way participates in, nor has control of, the use of that information. Users must comply the FCRA at all times, just as they would if they did not use CallSeniorCare.com as the conduit for this information. CallSeniorCare.com does not assume and expressly disclaims any liability that may result from the use of this information.

Care Recipients are obligated to pay for the service of the Site, unless specifically notified otherwise. Care Recipients have three full benefit subscriptions to choose from: (1) Platinum Package, a 20 caregiver profile package, which has a subscription term of 1 year (365 days) and for a limited time is discounted from $179.80 (20 profiles @$8.99 each) to $99.80. Care recipients have 1 year (365 days) in which to choose their profiles. Care recipients of the Platinum Package have the ability to post their job opening(s) for one year (365 days). (2) Premium Package, a 10 caregiver profile package, which has a subscription term of 6 months (180 days) and for a limited time is discounted from $89.90 (10 profiles @ $8.99 each) to $69.99. Care recipients have 6 months (180 days) in which to choose their profiles. Care recipients of the Premium Package have the ability to post their job opening(s) for 6 months (180 days). (3) Basic Package, a 5 caregiver profile package, which has a subscription term of three months (90 days) for a price of $44.95. Care recipients have 3 months (90 days) in which to choose their profiles. Care recipients of the Basic package have the ability to post their job opening(s) for 3 months (90 days).

This price structure may change in the future, but Users lock into the term and price of the subscription they choose upon registration. The rate in this section may be altered by any promotion selected at the time of registration. For all fees, CallSeniorCare.com will charge the User’s credit card according to the agreed upon fee between User and CallSeniorCare.com for use of the services of the Site. While CallSeniorCare.com will use its best efforts to ensure the privacy of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold CallSeniorCare.com harmless for any damages that may result therefrom. CallSeniorCare.com will use a third party service to process your credit card information. For further information regarding that service, please contact CallSeniorCare.com to request information about CallSeniorCare.com’s credit card processing company.

Users will be notified at least two (2) weeks in advance of their subscription expiring. Users will have the opportunity to renew at the current subscription rates. In the case of a cancellation, Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.

Users agree not to hold CallSeniorCare.com, CallSeniorCare.com's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release CallSeniorCare.com and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

By agreeing to the terms of the User agreement, Users agree to indemnify, defend and hold harmless CallSeniorCare.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "CallSeniorCare.com") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by CallSeniorCare.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. CallSeniorCare.com and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of CallSeniorCare.com. Users further agree to hold harmless CallSeniorCare.com and Affiliates, as well as your employer or anyone who pays for the Service on your behalf, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site. You may request to see if your company is on the list by submitting an inquiry to support@CallSeniorCare.com.

This Agreement will become effective immediately upon any use by all users of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement between any user by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, CallSeniorCare.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of CallSeniorCare.com as posted on the Site from time to time. If CallSeniorCare.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of CallSeniorCare.com. CallSeniorCare.com is not required to provide you notice prior to terminating your membership and/or subscription. CallSeniorCare.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by CallSeniorCare.com or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. CallSeniorCare.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the CallSeniorCare.com Site without CallSeniorCare.com's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of CallSeniorCare.com and/or the relevant right holder.

The service marks and trademarks CALLSENIORCARE.COM and the CallSeniorCare.com logo are service marks owned by CallSeniorCare.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of CallSeniorCare.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

CallSeniorCare.com's Privacy Policy located on its Site as modified by CallSeniorCare.com from time to time shall govern any disclosure or use of User’s personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.
Note:“It is a breach of our contract to include any personal contact information on your profile page. Personal contact information includes, but is not limited to: full name, address, email address, phone numbers and fax numbers. ”

CallSeniorCare.com respects the intellectual property of others, and asks Users to do the same. CallSeniorCare.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide CallSeniorCare.com with the following information:

1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow CallSeniorCare.com to locate the material and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Any notice of claims of copyright infringement can be sent to Silkroad Cares, LLC, P.O. Box 5010, Raleigh, NC 27650 and electronic mail at support/at/callseniorcare/dot/com. CallSeniorCare.com will terminate access to the Site of those who engage in repeated acts of infringement.

CallSeniorCare.com grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.

CallSeniorCare.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that CallSeniorCare.com shall not be liable to User or any third party for any modification or discontinuance of the Site.

Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or CallSeniorCare.com for accessing the Site, and are fully responsible for all activities that occur under User’s password or account. User agrees to immediately notify CallSeniorCare.com of any unauthorized use of User's password or account or any other breach of security.

You and CallSeniorCare.com are not legally affiliated in any way by virtue of your membership or usage of CallSeniorCare.com's Site or intellectual property other than the terms and conditions stated in this User Agreement and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this agreement. CallSeniorCare.com is not an employment service and does not serve as an employer of the Users that may use this Site. CallSeniorCare.com is only a venue for connecting Users. As such, CallSeniorCare.com expressly disclaims any liability that may arise between Users of its Site.

USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER CALLSENIORCARE.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. CALLSENIORCARE.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF YOUR USE OF THE INFORMATION. CALLSENIORCARE.COM AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS NOT DISCLOSED, ONLY TO THOSE SPECIFIED BY USERS. CALLSENIORCARE.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD CALLSENIORCARE.COM LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

Under no circumstances will CallSeniorCare.com or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the aggregate liability of CallSeniorCare.com or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CallSeniorCare.com may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, North Carolina, necessary to protect the rights of property for you or CallSeniorCare.com pending the completion of arbitration.

Failure by CallSeniorCare.com to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the Commonwealth of North Carolina, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms of Use or use of the Site, other than action for a specific performance or an injunctive relief brought by CallSeniorCare.com, shall be exclusively brought in the federal, state or local courts located in Raleigh, North Carolina; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and CallSeniorCare.com with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of CallSeniorCare.com, its successors and assigns.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, 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 shall be interpreted in accordance with the laws of the State of North Carolina (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Raleigh, North Carolina. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between CallSeniorCare.com and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by CallSeniorCare.com with respect to the subject matter except as set forth herein.