Legal
Terms of Service
Last updated: 2025-02-01
These Terms of Service ("Terms") govern your use of the website and services operated by FillMyCareHome.com ("we," "us," or "our") at fillmycarehome.com (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of the Service
FillMyCareHome.com provides a platform for licensed care home operators to broadcast vacancy information (e.g., room type, base rate, services) to referral sources in their area. We send notifications primarily by email (and, where available, by text) to referral sources so they can contact you about potential placements. We do not guarantee referrals, placements, or any particular outcome; we only facilitate notification and delivery of your vacancy details to the referral network in your market.
2. Eligibility
You may use the Service only if you are at least 18 years old and are either (a) a care home operator or facility administrator authorized to post vacancies and enter into binding agreements on behalf of your facility, or (b) an authorized staff member using our admin tools. You must provide accurate, current information and keep it updated. You are responsible for ensuring your use of the Service complies with all applicable laws and your facility's policies.
3. Registration and Account
You may use certain parts of the Service (e.g., posting a vacancy and paying for a broadcast) without creating an account. We may collect your email, zip code, facility details, and payment information as needed to provide the Service. Where we offer staff or admin accounts, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
4. Payment Terms
Payment is required for each vacancy broadcast you send. Fees are charged per broadcast at the rate displayed at the time of checkout. All payments are processed by Stripe. By completing a purchase, you agree to Stripe's terms and our payment policies. All fees are in U.S. dollars and are non-refundable except as required by law or as we may explicitly agree in writing (e.g., in the event we fail to deliver the broadcast). We reserve the right to change pricing with reasonable notice; price changes will not apply to broadcasts already paid for.
5. Your Obligations
You agree to:
- Provide accurate information about your facility and vacancies.
- Use the Service only for lawful purposes and in accordance with these Terms.
- Not misuse the Service (e.g., spam, fraud, or abuse of referral sources).
- Respond to referral inquiries in a professional and timely manner where you have chosen to receive them.
- Not resell, sublicense, or commercially exploit the Service or our content except as expressly permitted.
6. Intellectual Property
The Service, including its design, text, graphics, and software (excluding content you submit), is owned by us or our licensors and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent. You retain ownership of content you submit; you grant us a non-exclusive, royalty-free license to use, store, and transmit that content as needed to operate the Service (e.g., sending your vacancy details to referral sources).
7. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY REFERRALS, INQUIRIES, OR PLACEMENTS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF REFERRAL SOURCES OR THIRD PARTIES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS; WHERE PROHIBITED, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Indemnification
You agree to indemnify, defend, and hold harmless FillMyCareHome.com and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights or applicable law.
10. Termination
We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for breach of these Terms. You may stop using the Service at any time. Upon termination, your right to use the Service ceases. Sections that by their nature should survive (including payment, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.
11. Changes to the Terms
We may update these Terms from time to time. We will post the revised Terms on this page and update the "Last updated" date. Material changes may be communicated by email or a notice on the Service where appropriate. Continued use of the Service after changes constitutes acceptance of the revised Terms.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved in the state or federal courts located in California, and you consent to personal jurisdiction there. Nothing in these Terms limits your right to report complaints to a regulatory or data protection authority.
13. General
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements. We may assign these Terms; you may not assign without our written consent.
14. Contact
For questions about these Terms of Service, please contact us via the contact details listed on FillMyCareHome.com.