The Terms of Use is a legal agreement ("Terms" or “Agreement”)  between you and Shivoo LLC (“Website Owner”, “shivoony.com” or “we”).  For purposes of these Terms, and except to the extent expressly excluded below, the “Site” or “Website” shall mean www.shivoony.com and any other websites, web pages, mobile applications and mobile websites operated by Website Owner in the United States, and the “Services” shall mean any of the various services that shivoony.com provides through the Site or any other means and channels, including without limitation over the telephone, email or text messaging.

By registering on www.shivoony.com you agree to be bound by all of the Terms.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SHIVOONY.COM SERVICE OR OTHERWISE USE THIS WEBSITE.

BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.

These Terms include the shivoony.com Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.

PLEASE CAREFULLY READ THE TERMS APPEARING BELOW. YOU MUST ACCEPT THESE TERMS  BEFORE YOU WILL BE PERMITTED TO VIEW SEARCH RESULTS. BY CLICKING "ACCEPT" AT THE BOTTOM OF THIS PAGE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS, CLICK THE "CANCEL" BUTTON AND RETURN TO THE HOME PAGE. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [web address/link]. SHIVOO RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

ONCE YOU CLICK "ACCEPT" AND YOUR CREDIT CARD IS VERIFIED, YOU WILL BE ABLE TO VIEW YOUR SEARCH RESULTS.

Terms & Conditions

These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional communications.

These Terms are subject to change by shivoony.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check shivoony.com for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

1.     Description of Services; Limitations; User Responsibilities

DO NOT USE THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (OR YOUR EMERGENCY SERVICE NUMBER).

IF YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE.

THE PURPOSE OF THE PLATFORM IS NOT TO PROVIDE ANY INFORMATION REGARDING WHICH MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE OBTAINED THROUGH THE PLATFORM OR SHIVOO.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.

About Our Services

We provide a platform for individuals seeking care services (such as individual special-needs care) and corporate care providers (such as social services agencies) (each “Care Seekers”) seeking to hire individual care providers to post jobs on the Site, and to search for, narrow, find, and communicate with individuals who provide care services (“Care Providers”), and for Care Providers to post profiles on the Site. We also may serve as the liaison for Care Seekers and Care Providers

Limitations

We do not employ any Care Providers and are not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider, or other user of the Site or Services. Care Seekers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).

Care Seeker and Care Provider content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.

We do not refer or recommend Care Seekers or Care Providers nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private or offline interactions. Care Seeker or Care Provider information should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider.

We are not an employment agency, and we do not secure or procure employees for any Care Seekers, nor do we secure or procure opportunities for employment for any Care Providers.

We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Care Providers, nor do we require Care Providers to accept or work any jobs or deliver any services at all.

We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.

Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears in Section 10 below for important limitations on shivoony.com’s liability to which you are agreeing by using the Site and Services.

User Responsibilities

You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online or in person through shivoony.com. You understand that the Site and Website Owner do not perform psychological testing or background checks on the individuals who may use the Site, register on this Site or use Site services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the Site.

Registered Users are solely responsible for interviewing, vetting, obtaining background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.

Each Care Seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Care Provider they select as well as that Care Provider’s eligibility to work in the US.

2.     Eligibility to Use the Site and Services

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

You intend to use the Site and Services solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.

Our Services are available only to individuals who 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.

The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where our subsidiaries or affiliates offer similar services.

If you are registering to be a Care Provider, you must be permitted to legally work within the United States or Puerto Rico.

Neither you nor any member of your household may have ever been:

●      the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving: any felony; any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.

●      registered, or currently required to register, as a sex offender with any government entity.

If you are an individual Care Seeker you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).

3.     Rules for User Conduct and Use of Services

Registration, Posting, and Content Restrictions

The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to shivoony.com or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”):

Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.

In accessing and using the Site,  Care Providers  understand and agree that basic information concerning you, given to the Site and the Website Owner will be published on the Site for others to view along with your picture. Users understand that your name, phone number, email address and certain relevant information provided to the Site or Website Owner will be shared with a Care Seeker or Care Provider, as applicable, including your name, number, e-mail address , general service area, education and employment information.

You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services. You will register your account in your own legal name, even if you are seeking care for another individual or family member.

Unless otherwise permitted by shivoony.com, all Content you post will be in English as the Site and Services generally are not supported in any other languages.

You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from shivoony.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to shivoony.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.

You understand and agree that shivoony.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of shivoony.com violates these Terms or which Sihvoo.com determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.

You have the right, and hereby grant, to shivoony.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by shivoony.com will not infringe or violate the rights of any third party.

Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.

We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of shivoony.com and we may use all such communications, all without notice to, consent from, or compensation to you.

As Care Seeker and Care Provider Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Care Providers or Care Seekers on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold shivoony.com harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by shivoony.com, are those of their respective authors. Such authors are solely responsible for such content. shivoony.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will shivoony.com or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.

Exclusive Use

Information retrieved from this Site (“Search Results”) are solely for personal use. If you are a Care Seeker, you may use your account only to find care for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian, or children of another Care Seeker with whom you are entering a shared child care arrangement.  If you are a Care Provider, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

You may share your Search Results with your own personal advisors. However, neither you nor your personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way your Search Results, in whole or in part, unless required by law. You will be responsible for any breach by any of your personal advisors of any obligation in these Terms. You acknowledge that the Search Results are subject to the copyright and other proprietary rights of Shivoo and you will not commit or permit any act or omission that would impair such rights.

 If you are conducting a search on behalf of an individual or group of individuals acting together (such as a husband and wife) (referred to herein as the "Client") in order to assist the Client in connection with finding a Care Provider,  your registration and use of this website is limited to that Client only and you may share the Search Results  only with your Client, and you may permit your Client to share the Search Results with your Client's other personal advisors. However, neither you, your Client, nor your Client's other personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way your Search Results, in whole or in part, unless required by law. You will be responsible for any breach by your Client or your Client's personal advisors of these Term. You acknowledge that the Search Results are subject to the copyright and other proprietary rights of shivoony.com and you will not commit or permit any act or omission that would impair such rights.

ALL MATERIALS AND INFORMATION ON THIS SITE (AS WELL AS THE ORGANIZATION AND LAYOUT OF THE SITE) ARE OWNED AND/OR LICENSED BY SHIVOO.  ALL RIGHTS RESERVED. NO REPRODUCTION, DISTRIBUTION, OR TRANSMISSION OF THE MATERIALS AT THE SHIVOO WEBSITE IS PERMITTED WITHOUT THE WRITTEN PERMISSION OF SHIVOO AND IN ACCORDANCE WITH THESE TERMS.

Prohibited Uses

By using the Site or Services of shivoony.com, you agree that you will not under any circumstances:

use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by shivoony.com;

harass, abuse or harm another person or group, or attempt to do so;

use another user’s shivoony.com account;

provide false or inaccurate information when registering an account on shivoony.com, using the Services or communicating with other Registered Users;

attempt to re-register with shivoony.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;

interfere or attempt to interfere with the proper functioning of shivoony.com’s Services;

bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);

use the communication systems provided by or contacts made on shivoony.com for any commercial solicitation purposes other than those expressly permitted by shivoony.com;

publish or link to malicious content intended to damage or disrupt another user’s browser or computer. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions. Should shivoony.com find that you violated the terms of this Section or any terms stated herein, shivoony.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that shivoony.com may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Care Provider or Care Seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights shivoony.com may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, shivoony.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

4.     Termination

Shivoo reserves the right, in its sole discretion, to immediately terminate your access to all or part of the shivoony.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with shivoony.com, with or without notice for any reason or no reason, including without limitation if shivoony.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, shivoony.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

You understand and agree that, following any termination of any individual’s use of the Site or the Services, shivoony.com has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

5.     Privacy

Shivoo uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein

6.     Payment And Refund Policy

In order to utilize some shivoony.com Services, the user of such Services must pay shivoony.com a fee. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.

7.     Refund Policy

Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments services made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used services, even if you cancel your service in the middle of a term.

8.     Release of Liability for Conduct and Disputes

By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold shivoony.com (and shivoony.com’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, independent contractors, recruiters, corporate partners or resellers, harmless from any claim or controversy that may arise out of:

the actions or inactions of, or the relationship between, you and any Care Seeker, Care Provider or other user(s) of the Site; and

any information, instruction, advice or services created by any Care Seeker, Care Provider, or other third party that appeared on, or was communicated through, the Site shivoony.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.

9.     Age Restrictions

Usage of the Site is for people age 18 or over and your permission to use the Site is expressly conditioned on you being age 18 or older.  The Site will not knowingly collect any information from individuals under 13. You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful.  Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.                

10.  Disclaimers; Limitations; Waivers; Indemnification

No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by shivoony.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. shivoony.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2)THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED; (3) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN shivoony.com; (4) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (5) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, shivoony.com EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, shivoony.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.

WITH RESPECT TO CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, shivoony.com OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL shivoony.com OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

Assumption of Risk

While shivoony.com takes certain steps to help promote the safety of our Site and Services, finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Care Seekers or Care Providers, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps shivoony.com may take to vet or screen Care Providers or Care Seekers and/or their Content, or otherwise to promote the safety of the Site and Services.

Limitation of Liability

Incidental Damages and Aggregate Liability. In no event will the shivoony.com, its subsidiaries, affiliates, licensors, service providers, members, employees, agents, officers, or directors  be liable for any direct, indirect, special, incidental, punitive, actual, exemplary, consequential or other damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your access to the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if shivoony.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses or such damagers were reasonably foreseeable, or such parties were grossly negligent.

UNDER NO CIRCUMSTANCES WILL shivoony.com’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID shivoony.com FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.

No Liability for non-shivoony.com Actions. IN NO EVENT WILL shivoony.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. shivoony.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless shivoony.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including without limitation and reasonable attorneys’ fees and costs incurred by shivoony.com and its Affiliates, in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms or in violation of any applicable law,  (iii) any relationship or agreement formed with a Care Seeker or Care Provider using the Site or Services; or (iv) any other violation of the Terms. Users further agree that they will cooperate as reasonably required in the defense of such claims. shivoony.com and its 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 shivoony.com. Users further agree to hold harmless shivoony.com and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

No Waiver

The failure of the Site or shivoony.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Site or shivoony.com must be in writing and signed by an authorized representative of Website Owner.

11.  Governing Law and Jurisdiction

These Terms, the use of this Site and all other transactions conducted through the Site or with Shivoo, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by and construed and enforced under the laws of the State of New York, including New York’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and shivoony.com must be resolved exclusively by a state or federal court located in the State of New York.

You and shivoony.com agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes.

12.  Severability

If any provision of the Terms is held to be illegal, invalid, unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form a part of the Terms. The validity and enforceability of the remainder of the Terms shall, however, not be affected, provided that the remaining terms are reasonably adjusted to redress any imbalance caused by the unenforceability or invalidity of the original provision.

13.  Consent to Electronic Communication

By using the Site or Services of shivoony.com, you agree to allow shivoony.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products from shivoony.com via the shivoony.com Site or e-mail. You also agree to check your shivoony.com account, alerts, and messages, and the e-mail account reflected on your shivoony.com on a reasonably regular basis to stay apprised of important notices and information about your account.

13. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, 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. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate is expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

14. Contact Information

If you have any questions or need further information as to the Site or Services provided by shivoony.com, or need to notify shivoony.com as to any matters relating to the Site or Services please contact shivoony.com at:

Shivoo, LLC
Attn: Legal Department
35 West 96th St., Suite 5B

New York, NY, 10025

Any requests for technical support relating to the  should be directed to info@shivoony.com