1. Agreement to Terms

Welcome to EncinoHomeCare.com ("Site," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content. By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

2. Description of Service

2.1 What We Provide

EncinoHomeCare.com provides:

• Referral Services: We connect users with licensed home care agencies based on their specified needs, location, and preferences
• Information Services: Educational content, resources, and guidance about home care options
• Lead Distribution: We share user information with 3-5 vetted home care agencies who contact users directly to discuss services
• Free Service: Our matching and referral services are provided at no cost to users

2.2 What We Do NOT Provide

EncinoHomeCare.com does NOT:

• Provide direct home care, nursing, or medical services
• Employ, train, supervise, or control caregivers or care agencies
• Provide medical advice, diagnosis, or treatment recommendations
• Guarantee placement with any specific agency or caregiver
• Guarantee the quality, suitability, or outcomes of care provided by third-party agencies
• Act as an agent, employer, or representative of any home care agency

3. User Eligibility and Account

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our services. By using our services, you represent and warrant that you meet these requirements.

3.2 Accurate Information

You agree to provide accurate, current, and complete information when submitting requests through our Site. You are responsible for updating your information as needed. Providing false or misleading information may result in termination of service and potential legal liability.

3.3 Authorization

If you are submitting information on behalf of another person (e.g., a parent, spouse, or client), you represent that you have authorization to do so and to consent to the sharing of their information with home care agencies.

4. Consent to Contact and Information Sharing

4.1 Consent to Referrals

4.2 Consent to Contact

You consent to being contacted by:

• EncinoHomeCare: Via phone, email, text message, or other communication methods to discuss your care needs and provide service updates
• Partner Agencies: Home care agencies we match you with may contact you directly via phone, email, text, or mail to discuss their services
• Automated Communications: You may receive automated or pre-recorded messages and texts, even if your number is on a Do Not Call registry

You may opt-out of marketing communications at any time by contacting us at privacy@encinohomecare.com or following unsubscribe instructions in emails. However, you cannot opt-out of service-related communications necessary to provide our referral services.

4.3 Third-Party Communications

Once we share your information with home care agencies, their communications with you are governed by their own terms and privacy policies. We are not responsible for the content, frequency, or manner of communications from third-party agencies.

5. User Responsibilities

5.1 Due Diligence

You are solely responsible for:

• Evaluating, interviewing, and selecting home care agencies or caregivers
• Verifying licenses, certifications, insurance, and credentials of agencies and caregivers
• Conducting background checks and reference checks as you deem necessary
• Reviewing and understanding contracts, service agreements, and payment terms with agencies
• Monitoring the quality and appropriateness of care provided
• Making informed decisions about care arrangements

5.2 Medical Decisions

Our service is informational only. You should consult with qualified healthcare professionals (doctors, nurses, social workers) before making medical or care decisions. We do not provide medical advice.

5.3 Prohibited Uses

You may NOT use our services to:

• Provide false, misleading, or fraudulent information
• Impersonate another person or entity
• Spam, harass, or abuse our staff or partner agencies
• Attempt to reverse-engineer, hack, or gain unauthorized access to our systems
• Scrape, copy, or extract data from our Site for commercial purposes
• Use our services for illegal purposes or to violate any laws
• Transmit viruses, malware, or harmful code

6. Disclaimers and Limitations of Liability

6.1 No Warranties

6.2 Third-Party Relationships

We have independent contractor relationships with home care agencies. We do NOT:

• Control, supervise, or direct how agencies provide care
• Guarantee the qualifications, quality, or suitability of any agency or caregiver
• Assume responsibility for actions or omissions of agencies or caregivers
• Provide ongoing oversight or monitoring of care quality

Your contract for care services is directly with the home care agency, not with EncinoHomeCare.com. We are not a party to that agreement.

6.3 Limitation of Liability

6.4 No Liability for Third-Party Care

We are NOT liable for any acts, errors, omissions, negligence, or misconduct by home care agencies, caregivers, or any third parties you engage through our referral service. This includes but is not limited to:

• Personal injury, property damage, or death caused by caregivers
• Theft, fraud, abuse, or neglect by caregivers or agencies
• Breach of contract or payment disputes with agencies
• Quality or appropriateness of care provided
• Failure of agencies to meet licensing or insurance requirements

7. Indemnification

You agree to indemnify, defend, and hold harmless EncinoHomeCare.com, its owners, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or information you provide to us
• Your relationships or interactions with third-party agencies or caregivers

8. Intellectual Property

All content on EncinoHomeCare.com, including text, graphics, logos, images, software, and design, is owned by or licensed to us and protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any content without our express written permission.

9. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and share your information.

Key points from our Privacy Policy:

• We share your information with home care agencies for matching purposes
• You have rights under California privacy laws (CCPA)
• We use cookies and analytics tools
• You can request deletion of your information

10. Payments and Refunds

10.1 Free Service to Users

Our referral and matching services are provided FREE OF CHARGE to individuals seeking home care. You do not pay us for being matched with agencies.

10.2 Direct Payment to Agencies

Any fees for home care services are paid directly to the home care agency you select, not to EncinoHomeCare.com. We are not involved in billing, payment processing, or financial transactions between you and agencies.

10.3 No Refunds from EncinoHomeCare

Since our services are free to users, there are no refunds applicable. Any refund or payment disputes related to care services must be resolved directly with the home care agency.

11. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause or notice, for any reason including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Providing false information
• At our sole discretion

You may stop using our services at any time. Upon termination, certain provisions of these Terms (including disclaimers, limitations of liability, and indemnification) will survive.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing any legal claim, you agree to first contact us at legal@encinohomecare.com to attempt to resolve the dispute informally. We will make a good-faith effort to resolve disputes within 30 days.

12.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules, rather than in court.

Arbitration Details:

• Location: Los Angeles County, California
• Governing Rules: AAA Commercial Arbitration Rules
• Individual Basis: No class actions or collective proceedings
• One Arbitrator: Mutually agreed upon or appointed by AAA

12.3 Exceptions

Either party may seek injunctive or equitable relief in court for intellectual property disputes or to prevent unauthorized use of the Site.

12.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action. You waive your right to participate in class actions.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

To the extent arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms with a new "Last Updated" date
• Sending email notification (if we have your email)
• Displaying a notice on our website

Your continued use of our services after changes are posted constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our services.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it shall be severed, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EncinoHomeCare.com regarding your use of our services and supersede all prior agreements and understandings.

17. Contact Information

If you have questions or concerns about these Terms, please contact us:

18. Acknowledgment