Terms of Service

Last Updated: 11/2024

Welcome to FillMyCareHome.com ("we," "us," or "our"). By accessing or using our platform ("Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). Please read them carefully before using the Service.

1. Acceptance of Terms

By creating an account, accessing, or using FillMyCareHome.com, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree, please do not use our platform.

2. Eligibility and Authorized Use

• Licensed Facilities Only: The Service is exclusively for Residential Care Facilities for the Elderly (RCFEs) and future qualified care facilities, which have either an active or pending state license.
• Authorized Use: You may only use the platform to manage and advertise vacancies for your own licensed facility. Use of the Service for non-licensed or unrelated facilities is prohibited.
• Age Requirement: You must be at least 18 years old to use this Service. By using the Service, you confirm that you meet this requirement.

3. User Responsibilities and Content

• Accurate Information: You agree to provide and maintain accurate, complete, and current information related to your facility and vacancy details. We assume no responsibility for verifying the accuracy of information provided by users.
• Account Security: You are responsible for safeguarding your account credentials and restricting access to prevent unauthorized use. We are not liable for any loss resulting from unauthorized account access due to your failure to secure your account.
• Prohibited Activities: You may not:
  • Use the Service for any unlawful purpose.
  • Impersonate other facilities, individuals, or organizations.
  • Interfere with or disrupt the Service, including by introducing viruses or harmful code.
  • Use bots or other automated methods to access the Service.

4. Payment Terms and No-Refund Policy

• Fees and Billing: All fees associated with broadcasting vacancy notifications are due at the time of service and are non-refundable. Payments are processed securely via Stripe, and we do not store your payment information.
• No Guarantee of Results: Purchasing a vacancy broadcast does not guarantee that the vacancy will be filled or that referrals will result. Your sole entitlement is that we will send one email to our referral database matching the facility’s specified area.
• Error Handling: If a technical error on our end prevents email delivery, we will make a reasonable effort to resend the notification. However, we are not liable for delivery delays due to referral source email system restrictions.

5. Scope of Service and Disclaimer of Warranties

• "As-Is" Service: The Service is provided "as-is" and "as available" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitations on Liability: We disclaim all liability for damages arising from any user-provided information or any communications facilitated by the Service. We are not responsible for any interactions between facilities and referral sources or for any outcome after email delivery.
• Future Service Expansion: We may expand the Service to additional states and include new features, such as SMS notifications. These Terms apply to all future features and geographic areas, with modifications made as needed.

6. Referral Source Database

• Database Updates: Our referral source database is subject to regular updates. We do not guarantee a fixed number of recipients or any specific outcome from notifications.
• Geographic Targeting: Referral source notifications are based on the location provided by the facility. We do not guarantee that every referral source within a geographic area will receive notifications.

7. Privacy, Data Security, and Use of Information

• Data Handling: We handle all user data following best practices and applicable data protection laws. Sensitive data is stored securely, and user information is not sold to third parties.
• Publicly Sourced Information: Most facility data is publicly available from state licensing websites. By using this Service, you acknowledge that we may use and share such public information as part of our Service.
• Additional Communications: By using our Service, you consent to receive necessary notifications, updates, and communications via email or text messages to fulfill Service obligations. We may also send you administrative and promotional content related to our Service, which you can opt out of where applicable.

8. Intellectual Property Rights

• Service Ownership: All content, technology, trademarks, logos, and intellectual property on the platform are owned by or licensed to FillMyCareHome.com and are protected by intellectual property laws. Unauthorized use of any FillMyCareHome.com intellectual property is prohibited.
• License to Use: We grant you a limited, revocable, non-exclusive license to access and use the Service solely for its intended purposes. You may not modify, reproduce, distribute, or create derivative works from any part of our Service.

9. Indemnification

• You agree to indemnify, defend, and hold harmless FillMyCareHome.com, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, or expenses arising from or related to your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights.

10. Limitation of Liability

• Maximum Liability: To the maximum extent permitted by law, our liability for any claim arising out of or related to these Terms, the Service, or your use of the Service is limited to the greater of the amount paid by you for the Service in the 12 months preceding the incident or $100.
• No Consequential Damages: We are not liable for indirect, consequential, incidental, punitive, or special damages, including lost profits or data, arising from or related to these Terms or your use of the Service.

11. Modifications to Service and Terms

• Service Adjustments: We reserve the right to modify, suspend, or discontinue any part of the Service, including changes to its geographic scope and features, at any time without prior notice.
• Terms Updates: We may revise these Terms periodically. Any changes will be posted on this page, and by continuing to use the Service, you accept the revised Terms.

12. Termination

• We may terminate or suspend your access to the Service, at our discretion, for violation of these Terms or if we determine that your use may harm the integrity of our platform.

13. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles.
• Dispute Resolution: Any disputes arising under or related to these Terms shall be resolved in the courts located in California. By using the Service, you consent to personal jurisdiction and venue in these courts.

14. Entire Agreement

• These Terms, along with our Privacy Policy, constitute the entire agreement between you and FillMyCareHome.com regarding the Service. Any previous agreements, statements, or representations are replaced by this document.

15. Contact Information

For questions regarding these Terms or our Service, please contact us at support@fillmycarehome.com.