Privacy Policy

My Care Helpers does not employ or recommend any helper or individual/family seeking support nor is it responsible for the conduct of any helper or individual/family seeking support. The My Care Helpers website is a venue that provides tools to enable helpers and individuals/families seeking support to connect online. Each party is solely responsible for selecting a helper or individual/family seeking support for themselves or their families and for complying with all laws in connection with any employment relationship they establish.

Welcome to www.mycarehelpers.com (the "Site" ) operated by Horizon Healthcare Helpers (dba My Care Helpers) LLC ("Horizon Healthcare Helpers (dba My Care Helpers)" , "we", "us" or "our"). We provide our visitors and members (collectively, "You" or "Your") with a social network / marketplace designed to connect non-clinical home Helpers (“Helpers”) with Clients Seeking Helper and their families looking for home care services (“Clients Seeking Helper”). Your use of Horizon Healthcare Helpers (dba My Care Helpers)'s products, software, services, mobile application (the "App" ) and web sites (referred to collectively as the "Services" ) is subject to these terms and conditions (the "Terms of Use" ). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY CLICKING ON THE "SIGN UP" BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR VISITING/USING THE SITE OR DOWNLOADING THE APP, YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE SERVICES.

Please review the following terms carefully. You may access the Site or use the Services as a "Visitor" (which means that You simply browse the Site), or as a "Member" (which means that You have established an account with us (Your "Account" )).

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will be presented to You for Your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service and Your use thereof. Once accepted, the Supplemental Terms are incorporated into these Terms of Use.

PLEASE BE AWARE THAT SECTION 24 OF THESE TERMS OF USE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, APP, OR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TENNESSEE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS OF USE. PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Horizon Healthcare Helpers (dba My Care Helpers) will make a new copy of the Terms of Use available at https://www.mycarehelpers.com/terms-of-service and/or within the App. We will also update the "Last Updated" date at the top of the Terms of Use. If we make any material changes, and you are a Member, we will also send an email to you at the last e-mail address you provided to us pursuant to the Terms of Use. Any changes to the Terms of Use will be effective immediately for new users of the Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing Members, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site and/or App or thirty (30) days after dispatch of an e-mail notice of such changes to existing Members. Horizon Healthcare Helpers (dba My Care Helpers) may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF USE. Horizon Healthcare Helpers (DBA My Care Helpers) is a "Marketplace" that provides the platform to view and connect Helpers to families/individuals (Clients Seeking Helper) who then hire a Helper of their choosing. My Care Helpers provides the platform to support vetting and connecting Helpers with families/individuals and then tracks hours via GPS and pays the Helpers through web-based tools meaning the family/individual only has to review and pay an invoice sent by text or email. Additionally, the platform supports direct communication options if families/individuals would prefer not to share their personal phone numbers. No Subscription Fee Required - You only pay once you connect and work with a Helper of your choosing! Helpers on the My Care Helpers platform have hourly rates for short term care that can be up to 25% lower than traditional agencies and Helpers keep more of the hourly rate enabling them to earn more by working well with families. Free In-Person "Meet & Greet" Option - All Helpers have agreed to a one-time in-person meeting option that will be paid for by My Care Helpers to ensure there is a good fit with the Family/Individual and the Helper. My Care Helpers does NOT hire any Helper or guarantee them any form of employment. Helpers post their individual rate of pay and families/individuals supply details of the job so the two parties can interact and agree to work together in whatever capacity suits their individual needs. Once the job is confirmed, My Care Helpers will process the payment and send invoices/receipts to both the Helper and Family/Individual for their own tax reporting and management purposes. Helpers and Families/Individuals further agree that no transportation outside of the home or assisted/independent facility can currently be provided by Helpers.

1. Member eligibility & accounts
2. Eligibility. By using the Site, You represent and warrant that: You are at least 18 years old; You are and will continue to be a United States citizen and/or a person legally authorized to work in the United States; You have the right, authority and capacity to enter into these Terms of Use; You will abide by all the terms and conditions of these Terms of Use; neither You, nor anyone in Your household (A) has been the subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offense or (B) has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
3. Member Accounts A Visitor may browse the Site in accordance with these Terms of Use, but will not have access to certain Services without first becoming a Member. In order to use the Services available to a Member, You are required to set up an Account with us. When You set up an Account, You are required to select a unique user ID and password (collectively "Account Credentials" ). You promise that all information You provide to us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share Your Account Credentials with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using Your Account Credentials, we will rely on the Account Credentials and will assume that it is really You who is accessing the Site and Services. You are solely responsible for any and all use of Your Account Credentials and Account and all activities that occur under or in connection with Your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under Your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group or entity. If You are creating an Account on behalf of a third party, You represent that you have the authority to represent such third party and bind the third party to these Terms of Use. For illustration purposes only, if You are creating a Client Seeking Helper account on behalf of a loved one who is seeking care, You represent that your loved one has provided You with proper authority to act on their behalf and that Your loved one will abide by these Terms of Use.
4. Member Verification
5. Member Verification by Members You are responsible to make Your own decision regarding the other Members that You engage through the Site. Horizon Healthcare Helpers (dba My Care Helpers) may make a third-party verification service available to Members. Members may use this service to verify information of other Members such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If You decide to use or access information provided by a third-party verification service offered through the Site, You do hereby represent, understand and expressly agree that Horizon Healthcare Helpers (dba My Care Helpers) is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, You understand that Horizon Healthcare Helpers (dba My Care Helpers) may review the information provided by the third-party verification service. If You use the third party verification service, and such verification is governed by the Fair Credit Reporting Act (the "FCRA" ), You represent and warrant that You will comply with the FCRA, which can be found at https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act. Horizon Healthcare Helpers (dba My Care Helpers) expressly disclaims any and all liability that may result from the use of the information provided by the third party verification service. Horizon Healthcare Helpers (dba My Care Helpers) expressly disclaims, and You expressly release Horizon Healthcare Helpers (dba My Care Helpers) from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to (a) any misstatements and/or misrepresentations made by any Member or (b) THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY BACKGROUND CHECK provided to you in connection with the site or the services.
6. Optional Member Verification by Horizon Healthcare Helpers (dba My Care Helpers) You understand and agree that Horizon Healthcare Helpers (dba My Care Helpers) has the right, but not the obligation, to independently verify any statement made by any Member on the Site or verify that any Member meets any of the eligibility criteria set forth above. In the event that Horizon Healthcare Helpers (dba My Care Helpers) chooses to verify the representations and warranties or any information provided by You through Your use of the Site, You hereby authorize Horizon Healthcare Helpers (dba My Care Helpers), either directly or through our vendors or service providers, to attempt to verify such information, which verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credential verification checks, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.
7. Horizon Healthcare Helpers (dba My Care Helpers) is a Venue The Site is a venue designed to connect Helpers with Clients Seeking Helper and their families looking for non-clinical home care services. Horizon Healthcare Helpers (dba My Care Helpers) does not provide or arrange for home healthcare services. Helpers and Clients Seeking Helper further agree that no transportation through any medium whatsoever shall occur with the Helper providing transportation to the Client Seeking Helper outside of the home or assisted/independent living facility for any activity whatsoever including trips to doctors’ offices, running errands or picking up items for Clients Seeking Helper with the Client Seeking Helper riding with the Helper or joining the Helper on the trip outside of the home or assisted/independent living facility. Horizon Healthcare Helpers (dba My Care Helpers) does not participate in the interaction between Helpers and Clients Seeking Helper except to process payments on behalf of Helpers and collect payments from Clients Seeking Helpers who use any of the Horizon Healthcare Helpers (dba My Care Helpers) Services. Horizon Healthcare Helpers (dba My Care Helpers) does not provide any healthcare billing services. Any disputes related to the services received by Client Seeking Helper or payment due to Helper must be resolved directly between Client Seeking Helper and Helper. You understand and agree that Horizon Healthcare Helpers (dba My Care Helpers) has no control over and is not responsible for the acts or omissions of any Members on or off the Site. You also understand and agree that Horizon Healthcare Helpers (dba My Care Helpers) makes no representation or warranty regarding the quality of any services provided by any Member. Horizon Healthcare Helpers (dba My Care Helpers) is not responsible for the accuracy or reliability of any information provided by any Member on the Site. HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF MEMBERS ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY HELPER.
8. License Subject to these Terms of Use, Horizon Healthcare Helpers (dba My Care Helpers) grants You a non-transferable, non-exclusive, revocable, limited license to (a) download, install and use a copy of the App on one or more mobile devices or computers or internet web browsers that You own or control, and (b) to use the other aspects of the Services, in each case solely for Your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store or Google Play Store (each an "App Store" and references to the App Store include the corporate entity and its subsidiaries making the App Store available to You), You agree to comply with all applicable third party terms of the App Store (the "Usage Rules") when using the App. To the extent the terms of these Terms of Use provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), You will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Accessing and Downloading an App Store Sourced Application. The following applies to any App Store Sourced Application: You acknowledge and agree that (i) these Terms of Use are concluded between You and Horizon Healthcare Helpers (dba My Care Helpers) only, and not Apple, and (ii) Horizon Healthcare Helpers (dba My Care Helpers), not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Horizon Healthcare Helpers (dba My Care Helpers) and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Horizon Healthcare Helpers (dba My Care Helpers). You and Horizon Healthcare Helpers (dba My Care Helpers) acknowledge that, as between Horizon Healthcare Helpers (dba My Care Helpers) and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the App Store Sourced Application or Your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Horizon Healthcare Helpers (dba My Care Helpers) acknowledge that, in the event of any third-party claim that the App Store Sourced Application or Your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Horizon Healthcare Helpers (dba My Care Helpers) and Apple, Horizon Healthcare Helpers (dba My Care Helpers), not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and Horizon Healthcare Helpers (dba My Care Helpers) acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use as related to Your license of the App Store Sourced Application, and that, upon Your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to Your license of the App Store Sourced Application against You as a third-party beneficiary thereof. Without limiting any other terms of these Terms of Use, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
9. Ownership You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services ("Our Technology") are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grant You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Except as expressly provided in Section 4, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Horizon Healthcare Helpers (dba My Care Helpers) Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties' licenses and not by these Terms of Use.
10. Rules Regarding Information & Other Content When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call "Content." Content includes information and materials posted to the Site or through the Services by You and other Members. You are entirely responsible for each individual item of Content that You post, email or otherwise make available on the Site or the Services. As between You and us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our Visitors and Members. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that: a. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; b. Violates the privacy, publicity, or other rights of third parties, including other Members; c. Violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising; d. Is false or inaccurate or becomes false or inaccurate at any time; e. Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; f. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; Misrepresents Your identity in any way; g. Misrepresents Your identity in any way; h. Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information i. Contains any advertising or solicitation for anything other than home care services offer through the Site; j. Advocates or encourages any illegal activity; or k. Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers. Though we strive to enforce these rules with all of our Members, and our other customers, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at Your own risk. We may, but are not obligated to, delete Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate the terms of these Terms of Use or the applicable agreement with the offending Member(s). We take no responsibility for Your exposure to Content on the Site or through the Services whether it violates our content policies or not.
11. General Rules of User Conduct It is our goal to make access to our Site and Services a good experience for Visitors and all of our Members. Correspondence between Members is for the sole purpose of connecting Clients Seeking Helper and Helpers for support and non-clinical home care. If You receive the personal information of any other Member through the use of the Services, You may use the information solely as necessary to conduct a transaction through the Site and Services. You may not use another Member's personal information for any other purpose. You agree not to, and represent and warrant that You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following: a. Recruit, solicit or contact any Member for employment or contracting for a business not affiliated with Horizon Healthcare Helpers (dba My Care Helpers); b. Contact other Members for any purpose other than as set forth in this Terms of Use; c. Harass, intimidate or otherwise engage in illegal or offensive behavior with respect to any other Member; d. Conduct or promote any illegal activities while using the Site or Services; e. Upload, distribute or print anything that may be harmful to minors; f. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; g. Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights; h. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; i. Use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); j. Use the Site or Services to stalk, harass or harm another individual; k. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); l. Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; m. Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; and Horizon Healthcare Helpers (dba My Care Helpers) reserves the right, in its sole discretion, to terminate Your use of the Site or assess a $10,000 daily penalty fee for violation of this provision; n. Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or o. Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages. p. Horizon Healthcare Helpers (dba My Care Helpers) follows an equal opportunity employment approach and employs personnel without regard to race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, disability status, veteran status, military obligations, and marital status. q. Horizon Healthcare Helpers (dba My Care Helpers) is committed to serving all Clients Seeking Helper, their caregivers and family members, regardless of race, ethnicity, sex, age, religion, national origin, mental or physical ability, sexual orientation, gender identity and expression, ancestry, military discharge status, marital status, source of income, housing status or other protected classification.
12. Payments Access to the Site and basic Services of Horizon Healthcare Helpers (dba My Care Helpers), are free for Members. Premium services, including secure messaging, time management, invoicing and payment processing services (collectively, "Premium Services") are available to Clients Seeking Helper for a fee. By using our Premium Services, Client Seeking Helper agrees to pay Horizon Healthcare Helpers (dba My Care Helpers) at the fees then in effect unless specifically notified otherwise. Horizon Healthcare Helpers (dba My Care Helpers) reserves the right, at any time, to modify its fees and/or billing methods. In exchange for the Premium Services, Client Seeking Helper authorizes Horizon Healthcare Helpers (dba My Care Helpers) to deduct the then-current fee from all payments processed by Horizon Healthcare Helpers (dba My Care Helpers) or a third party service provider on Helper's behalf.

Premium Services will be automatically deducted as part of payment for services. You authorize Horizon Healthcare Helpers (dba My Care Helpers) to charge your selected payment method the then current applicable fee in accordance with fee. You will not be eligible for a refund of any portion of the membership fees paid. Horizon Healthcare Helpers (dba My Care Helpers) is not responsible for and will not reimburse any fees incurred by you from you bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Horizon Healthcare Helpers (dba My Care Helpers).

If Helper uses our Premium Services to manage their home care services, then: a. At the end of each billing period, an invoice is created for each Client Seeking Helper to whom the Helper provided care during such period; b. Each invoice is made available to the applicable Client Seeking Helper through an email with the invoice will be sent to the Client Seeking Helper for review. c. The Client Seeking Helper reviews the invoice and, if approved, provides his or her credit card or bank information to pay the invoice; d. Upon Horizon Healthcare Helpers (dba My Care Helpers)'s receipt of (i) approval of the invoice from Client Seeking Helper, (ii) credit card or bank information to pay the invoice from Client Seeking Helper or (iii) authorization from Client Seeking Helper for Horizon Healthcare Helpers (dba My Care Helpers) or its service provider to charge their credit card or bank for the invoiced payment amount, then Horizon Healthcare Helpers (dba My Care Helpers), or a third party service provider, will (i) charge the Client Seeking Helper's credit card or bank for the approved amount and (ii) deposit the amount charged less the applicable Horizon Healthcare Helpers (dba My Care Helpers) fee into a Horizon Healthcare Helpers (dba My Care Helpers) account. e. Helper's funds will be scheduled to be paid to Helper according to the bank details or online payment information provided by Helper. The time it takes for the funds to show in the Helpers bank account can be typically 2-8 business days from time of Client Seeking Helper making payment, depending on their financial institution. f. Client Seeking Helper's credit card or bank will be automatically charged in subsequent billing periods upon Client Seeking Helper's approval of each invoice or the expiration of the review period. If the Client Seeking Helper doesn't reject the invoice, then the outstanding Invoice is considered Approved and the Client Seeking Helper authorizes Horizon Healthcare Helpers (dba My Care Helpers) to automatically charge their card or bank for the amount due to their Helper and applicable Horizon Healthcare Helpers (dba My Care Helpers) fees. g. Helper is solely responsible for the accuracy of his or her bank details, including Helper's bank account number and bank routing number and/or credit/debit card information. Horizon Healthcare Helpers (dba My Care Helpers) expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details submitted by Helper. Horizon Healthcare Helpers (dba My Care Helpers) is not responsible for and will not reimburse any fees incurred by Helper or Client Seeking Helper from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Horizon Healthcare Helpers (dba My Care Helpers).

Horizon Healthcare Helpers (dba My Care Helpers) reserves the right to correct any errors in the payment of Horizon Healthcare Helpers (dba My Care Helpers) fees even if it has already requested and/or received payment. Helper will remain responsible for the Horizon Healthcare Helpers (dba My Care Helpers) fee and any other applicable fees in connection with any refund or chargeback of a Client Seeking Helper's payment.

Horizon Healthcare Helpers (dba My Care Helpers) may use third party payment processing services to process credit card or bank information. Horizon Healthcare Helpers (dba My Care Helpers) expressly disclaims any and all liability for any claims or damages related to Horizon Healthcare Helpers (dba My Care Helpers)'s use of third party payment processing services, including without limitation any damage that may result should any such information be released to any third parties.

For purposes of clarity, the Premium Services provided by Horizon Healthcare Helpers (dba My Care Helpers) to Helper do not include any services related to submitting claims for reimbursement from any third party payer. In addition, no Helper may make any claim for reimbursement from any third party payer, including any private or governmental insurance provider, in connection with the services provided to any Client Seeking Helper by such Helper. 9. Text Messages Horizon Healthcare Helpers (dba My Care Helpers) may send Members SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from Horizon Healthcare Helpers (dba My Care Helpers) is voluntary. By deciding to receive SMS text messages from Horizon Healthcare Helpers (dba My Care Helpers), You give Horizon Healthcare Helpers (dba My Care Helpers) express permission to send SMS text messages to Your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that Horizon Healthcare Helpers (dba My Care Helpers) does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages from Horizon Healthcare Helpers (dba My Care Helpers). You expressly agree to receive text messages from Horizon Healthcare Helpers (dba My Care Helpers) and must notify Horizon Healthcare Helpers (dba My Care Helpers) in writing if you elect to opt out of text messaging. 10. Horizon Healthcare Helpers (dba My Care Helpers) Forum Horizon Healthcare Helpers (dba My Care Helpers) Members may use any created Horizon Healthcare Helpers (dba My Care Helpers) Forum Service designed to facilitate communication between Clients Seeking Helper and their families with Helpers and other Members that the Client Seeking Helper wishes to share information with, such as their Helpers. The Horizon Healthcare Helpers (dba My Care Helpers) Forum could include discussion forums, document sharing, posting announcements, scheduling events and related Services. Your use of any Horizon Healthcare Helpers (dba My Care Helpers) Forum is governed by this Agreement. 11. No Professional Advice All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Horizon Healthcare Helpers (dba My Care Helpers) expressly disclaims, and You expressly release Horizon Healthcare Helpers (dba My Care Helpers) from, 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. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice. 12. Promotional Offers We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any time. 13. Modifications to the Site or Services We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified. 14. Third Party Content & Other Websites CONTENT FROM OTHER MEMBERS, ADVERTISERS, AND OTHER THIRD PARTIES MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR THE SERVICES. BECAUSE WE DO NOT CONTROL SUCH CONTENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE DO NOT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE INFORMATION IN SUCH CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT MADE AVAILABLE BY OTHER MEMBERS, ADVERTISERS, AND OTHER THIRD PARTIES OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. THE SITE AND SERVICES MAY CONTAIN LINKS TO WEBSITES NOT OPERATED BY US. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, MATERIALS, OR PRACTICES (INCLUDING PRIVACY PRACTICES) OF SUCH WEBSITES. YOU UNDERSTAND THAT BY USING THE SITE AND/OR SERVICES YOU MAY BE EXPOSED TO THIRD-PARTY WEBSITES THAT YOU FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT, OR GUARANTEE REGARDING, AND ACCEPT NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD PARTY WEBSITES, PRODUCTS OR SERVICES ACCESSIBLE BY HYPERLINK OR OTHERWISE FROM THE SITE OR SERVICES. WE PROVIDE THESE LINKS FOR YOUR CONVENIENCE ONLY AND WE DO NOT CONTROL SUCH WEBSITES. OUR INCLUSION OF LINKS TO SUCH WEBSITES DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIALS ON SUCH THIRD PARTY WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS. IT IS YOUR RESPONSIBILITY TO REVIEW THE PRIVACY POLICIES AND TERMS OF USE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, INCLUDING OTHER MEMBERS. 15. Suspension/Termination You agree that we, in our sole discretion, may immediately suspend or terminate Your access to the Site and Services at any time, for any reason, without notice or refund. YOU AGREE THAT HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) INC. WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR CONTENT. SUSPENSION OR TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) INC. OR A THIRD PARTY. 16. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE AND SERVICES. IN ADDITION, HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) INC. ADVISES YOU TO BE CAREFUL ABOUT WHEN AND HOW YOU MEET OTHER MEMBERS, PARTICULARLY WHEN MEETING IN PERSON. 17. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST REAL ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO FIFTY DOLLARS (U.S. $50.00). THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY IT'S FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) AND YOU.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS EXCEPT AS EXPRESSLY STATED HEREIN. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR, OR TAKE ANY APPROPRIATE ACTION REGARDING, DISPUTES THAT YOU MAY HAVE WITH MEMBERS, SERVICE PROVIDERS OR OTHER CUSTOMERS.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. 18. Indemnification You agree to indemnify, defend and hold harmless Horizon Healthcare Helpers (dba My Care Helpers) Inc., our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (a) any of Your Content and/or information that You submit, post or transmit through the Site or Services, (b) Your use of the Site or Services, (c) Your violation of these Terms of Use, (d) Your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Site or Services. This provision does not require you to indemnify any of such parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, these Terms and/or your access to the Services. 19. Copyright Violations We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Site or Services; Your address, telephone number, and email address; 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 a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Site or Services can be reached by directing an email to sam@mycarehelpers.com. 20. Electronic Communications The communications between You and us use electronic means, whether You visit the Site or send us emails, or whether we post notices on the Service or communicate with You via email. We can only give You the benefits of our service by conducting business through the Internet, and therefore we need You to consent to our giving You Communications electronically. This Section 20 informs You of Your rights when receiving Communications from us electronically. For contractual purposes, You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of Your interactions and transactions with us. The foregoing does not affect Your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw Your consent to receive Communications electronically by contacting us in the manner described below. If You withdraw Your consent, from that time forward, You must stop using the Site and Services. The withdrawal of Your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time You withdraw Your consent. Please keep us informed of any changes in Your email or mailing address so that You continue to receive all Communications without interruption. 21. No Third Party Beneficiaries You understand and agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use. 22. No Affiliation You acknowledge that You are not legally affiliated with Horizon Healthcare Helpers (dba My Care Helpers) in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by Your use of the Site or Services or by these Terms of Use. Horizon Healthcare Helpers (dba My Care Helpers) is not an employment service or agency and does not secure employment for Members. 23. Arbitration Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Horizon Healthcare Helpers (dba My Care Helpers) and limits the manner in which you can seek relief from us. a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, App, or Services, or to any aspect of your relationship with Horizon Healthcare Helpers (dba My Care Helpers), will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Horizon Healthcare Helpers (dba My Care Helpers) may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms of User or any prior version of these Terms of Use. b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Horizon Healthcare Helpers (dba My Care Helpers) will pay them for you. In addition, Horizon Healthcare Helpers (dba My Care Helpers) will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. c. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Horizon Healthcare Helpers (dba My Care Helpers). The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. d. Waiver of Jury Trial. YOU AND HORIZON HEALTHCARE HELPERS (DBA MY CARE HELPERS) HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Horizon Healthcare Helpers (dba My Care Helpers) are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsection a above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. e. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated. f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: sam@mycarehelpers.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Horizon Healthcare Helpers (dba My Care Helpers) username (if any), the email address you used to set up your Horizon Healthcare Helpers (dba My Care Helpers) account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. g. Severability. Except as provided in subsection e, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Horizon Healthcare Helpers (dba My Care Helpers). i. Modification. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Horizon Healthcare Helpers (dba My Care Helpers) makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Horizon Healthcare Helpers (dba My Care Helpers) at: sam@mycarehelpers.com. 24. General Terms You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between You and Horizon Healthcare Helpers (dba My Care Helpers) will be governed by the laws of the State of Tennessee, consistent with the Federal Arbitration Act, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or Your use of the Site or Services must be instituted exclusively in the federal or state courts located in Tennessee and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to You, and You may not transfer, assign or delegate Your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of Your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by Horizon Healthcare Helpers (dba My Care Helpers) to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use, together with any applicable Supplemental Terms, constitute the complete and exclusive agreement between You and Horizon Healthcare Helpers (dba My Care Helpers) Inc. with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. 25. Survival All provisions that by their nature survive expiration or termination of these Terms of Use shall so survive, including without limitation, Section 2, Section 3, all limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services. 26. Consumer Complaints You may report complaints to the Division of Consumer Affairs for the State of Tennessee by following the following link: https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer/file-a-complaint.html. 27. Notice; Contact Information We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to us in writing or via telephone at 615-200-8649 or email to sam@mycarehelpers.com or as otherwise expressly provided. Please report any violations of these Terms of Use to sam@mycarehelpers.com

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Horizon Care Helpers (dba My Care Helpers), LLC is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from (i) users of our website ("Visitors"), located at www.mycarehelpers.com ("Site") and (ii) Clients Seeking Helper, Helpers and other third parties using our Services (collectively, "Members" and together with Visitors, "users,” “you” or “your”). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use located at www.mycarehelpers.com/terms-of-service/.

1. Note about children We do not intentionally gather Personal Data from users who are under the age of 18. If a user under the age of 18 submits Personal Data to Company and we learn that the Personal Data is the information of a user under the age of 18, we will attempt to delete the information as soon as possible. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably possible.
2. How We Collect Information Personal Data means any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
3. Information You Provide to Us.  If you are a Helper, when you create an account to log in to our Site, we may collect Personal Data from you, such as your first and last name, birthdate, social security number, driver's license number, criminal history, ethnicity, gender, religion, email and mailing address, phone number, work experience, salary/income, professional license numbers, education, professional and personal references, profile picture, professional skills and abilities, schedule availability, and bank information to facilitate direct deposit of earnings.  If you are a Client Seeking Helper, when you create an account to log in to our Site, we may collect Personal Data from you, such as your first and last name, birth date, gender, religion, email and mailing address, phone number, care services needed, health conditions, activities, profile picture, and credit card information to facilitate payment processing.  If you are a Member other than a Helper or Client Seeking Helper, such as a family member or healthcare plan ("Plan"), when you create an account to log in to our Site, we may collect Personal Data from you, such as your first and last name, birthdate, social security number, driver's license number, criminal history, ethnicity, gender, religion, email and mailing address, phone number, work experience, salary/income, professional license numbers, education, professional and personal references, profile picture, professional skills and abilities, schedule availability, care services needed and health conditions. We retain information on your behalf, such as files and messages that you store using your account.  If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.  When you post messages or upload content within our Site (including in any Horizon Care Helpers (dba My Care Helpers) forum), the information contained in your posting will be stored on our servers and other users to whom you provide access, will be able to see it.  We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via email regarding support for the Services.  We may also collect Personal Data, at such other points in our Site that state that Personal Data is being collected.  Please note that you can choose not to provide us with certain information, but this may limit the features of the Site or Services you are able to use.
4. Information Collected via Technology  To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.  We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions.
    We may also use (i) third party tracking services, such as Google Analytics, to track and analyze Anonymous Data from users of our Site and Services and (ii) location-enabled services for Helpers as a means to facilitate time card data. If you use the location-enabled services, Horizon Care Helpers (dba My Care Helpers) may receive information about your actual location (such as GPS signals sent by a mobile device or via your web browser when on the Site).
5. Information Collected from You About Others  Users to our Site can invite other people to become Horizon Care Helpers (dba My Care Helpers) members by sending invitation emails via our Site. We store the email addresses that are provided to us and, if they are provided by a Horizon Care Helpers (dba My Care Helpers) Member, we will associate those email addresses with such Member's account. We do not currently sell these email addresses or use them to send any other communication besides invitations (unless the email address is used in registration by a new Horizon Care Helpers (dba My Care Helpers) Member) but we may do so in the future. Recipients of invitations may unsubscribe by contacting us at info@mycarehelpers.com to request that we refrain from sending them emails or to have us delete their information in accordance with this Privacy Policy.
6. Information Collected from Others About You  Other Horizon Care Helpers (dba My Care Helpers) Members may provide us Personal and/or Anonymous Data about you through our Site or the Services. Examples include when a Client Seeking Helper posts feedback regarding a Helper or when another Horizon Care Helpers (dba My Care Helpers) Member (including a Client Seeking Helper's health plan) submits health information to any Horizon Care Helpers (dba My Care Helpers) forum. If you are a Client Seeking Helper, we will collect certain Personal Information about you via the applicable Helper, such as information they collect as part of their performance of certain health tasks and or the completion of certain questions/requirements under a care plan provided by you and or a Plan through which you become a Client Seeking Helper. In addition, if you become a Client Seeking Helper through a Plan, the Plan may share certain Personal Information with Horizon Care Helpers (dba My Care Helpers), such as: name, address, email, phone, gender, age, plan identification number, plan type, health information and Power of Attorney information. If you are using the Services as an employee or contractor of an agency Helper (an "Agency Caregiver", who are considered Helpers for purposes of this Privacy Policy), the agency Helper ("Agency Helper") may share certain Personal Data with Horizon Care Helpers (dba My Care Helpers), such as: name, date of birth, background check information and social security number. In all such cases, we may add this information to the information we have already collected from you via our Site in order to provide and improve the Services.
7. Information Collected from Third Party Companies  We may receive Personal and/or Anonymous Data about you from companies that assist Horizon Care Helpers (dba My Care Helpers) in providing the Services, such as Chekr, or companies that offer their products and/or services on our Site. These third-party companies may supply us with your Personal Data. We may add this information to the information we have already collected from you via our Site in order to provide and improve the Services.
8. Use of Your Personal Data
9. General Use In general, Personal Data collected by us is used either to respond to requests that you make, or to aid us in serving you better. We may use your Personal Data in the following ways:  to facilitate the creation of and secure your account on our network;  identify you as a user in our system;  run a background check and verify your credentials (if you are a Helper or Agency Helper);  provide improved administration of our Site and Services;  provide the Services and customer support you request;  improve the quality of experience when you interact with our Site and Services;  tailor the features, performance and support of the Site or Services to you;  send you a welcome email to verify ownership of the email address provided when your account was created;  send you administrative email notifications, such as security or support and maintenance advisories;  respond to your inquiries related to employment opportunities or other requests;  respond to your requests, resolve disputes and/or troubleshoot problems;  to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;  to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Horizon Care Helpers (dba My Care Helpers);  customize the advertising you may see on the Site or through the Services;  collect and/or distribute money; and  verify your compliance with your obligations in our Terms of Use or other Horizon Care Helpers (dba My Care Helpers) policies.
10. Creation of Anonymous Data We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Horizon Care Helpers (dba My Care Helpers) reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
11. Disclosure of Your Personal Data We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
12. Other Horizon Care Helpers (dba My Care Helpers) Members We may share your Personal Data with third parties to whom you ask us to send Personal Data, including other Members. Unless you direct us to share to your Personal Data via your "Privacy Settings" or otherwise, we do not disclose the Personal Data of any Client Seeking Helper or Helper to any another Member. We do, however, provide other Members with the opportunity to communicate with you through a web-based message box. If you respond to any in-browser message, you will be providing the recipient your name and allowing them to continue to message you.
13. Third Party Service Providers We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Horizon Care Helpers (dba My Care Helpers). Examples of such third-party service providers include companies that administer background checks of Helpers and companies that process payments from both Helpers and Clients Seeking Helper. These third-party service providers are required not to use your Personal Data other than to provide the services requested by Horizon Care Helpers (dba My Care Helpers).
14. Affiliates and Acquisitions We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under common control with us ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, by way of any transaction including a merger or bankruptcy proceedings, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
15. Plans If you become a Client Seeking Helper through a Plan, we may share all or some of your Personal Data with such Plan, which may include, for example: your name, phone number, email address, zip code, reasons for interest or declining Services, amount and duration of paid services, photographs, visit history, task completion and data, any issues that may arise such as changes in your health status, and responses in aggregate to customer satisfaction surveys, in order to provide you with the Services. YOU ACKNOWLEDGE AND AGREE THAT THE PRIVACY POLICIES OF THE APPLICABLE PLAN WILL APPLY TO THE USE AND DISCLOSURE OF SUCH PERSONAL DATA BY THE PLAN. In addition, if you become a Client Seeking Helper through a Plan, we may share some or all of your Personal Information (provided by you and/or the Plan) with your applicable Helper
16. Agency Helpers If you are an Agency Client Seeking Helper, we may share all or some of your Personal Data with the applicable Agency Helper. In addition, if you become an Agency Care Seeker through a Plan, we may share some or all of your Personal Information provided by the Plan with the applicable Agency Helper. YOU ACKNOWLEDGE AND AGREE THAT THE PRIVACY POLICIES OF THE APPLICABLE AGENCY HELPER WILL APPLY TO THE USE AND DISCLOSURE OF SUCH PERSONAL DATA BY THE AGENCY HELPER.
17. Other Disclosures Regardless of any choices you make regarding your Personal Data (as described below), Horizon Care Helpers (dba My Care Helpers) may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Horizon Care Helpers (dba My Care Helpers); (c) to protect or defend the rights or property of Horizon Care Helpers (dba My Care Helpers) or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy or Terms of Use.
18. Third Party Data Collection
19. Information Collected by Other Third Parties This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you. If you disclose information toothers, including to other Horizon Care Helpers (dba My Care Helpers) Members, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. In addition, information made available through the Service by Members may be protected by applicable privacy laws, including the Health Insurance Portability and Accountability Act.

Also, the Site may contain links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site and go to another site. During this process, another entity may collect Personal Data or Anonymous Data from you. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. 6. Privacy Rights and Choices; Account Termination Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.

Subject to your specific use of the Services, your privacy rights include: • Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time at privacy@sharecare.com. • Right of access, restriction of processing, erasure. You may contact us to request information about the Personal Information we have collected from you, or to request that your Personal Information be deleted. We will do our best to honor your requests, subject to any legal, ethical and contractual obligations. To make a request or to ask us a question about our data practices, please use our privacy webform, contact us via email at privacy@sharecare.com, or make use of the self-service tools in the “Settings” menu of your mobile app, if applicable. When requesting access to your Personal Information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the Personal Information that we hold about you. You may designate an authorized agent to request information on your behalf, provided that the authorized agent complies with our verification procedures to ensure your permission has been obtained.  Your right to access or delete the Personal Information we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refrain from taking certain actions with respect to some or all of the Personal Information that we hold about you. In addition, some or all of the Personal Information may have been destroyed, erased or made anonymous. In the event we cannot provide you with access to your Personal Information, or we are unable to delete it, we will inform you of the reasons why, subject to any legal or regulatory restrictions. • Right to correct your information. We endeavor to ensure that Personal Information in our possession is accurate, current and complete. If an individual believes that the Personal Information about him or her is incorrect, incomplete or outdated, he or she may request the revision or correction of that information. We reserve the right not to change any Personal Information we consider accurate. If it is determined that Personal Information is inaccurate, incomplete or outdated, we will use reasonable efforts to revise it and, if necessary, use reasonable efforts to inform agents, service providers or other third parties, which were provided with inaccurate information, so records in their possession may be corrected or updated. • Right to withdraw your consent at any time. When we process your Personal Information based on your consent, you have the right to withdraw that consent at any time. You may withdraw your consent by contacting us at privacy@sharecare.com. • Right to object or opt out at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your Personal Information or to participating in any program. We will consider any request you make to us, and provide a reply in a timely manner, according to our legal, ethical and contractual obligations. Some non-marketing communications are not subject to a general right to opt out, such as communications about transactions and disclosures to comply with legal or ethical requirements. In addition, if you are part of a Plan, you may need to separately opt out of services with your Plan. • Right to data portability. You have the right to data portability of your own personal data by contacting us. There are instances where applicable law or regulatory requirements allow or require us to refrain from transmitting your Personal Information to certain recipients or may require additional documentation before transmitting your information. In addition, some or all of the Personal Information may have been destroyed, erased or made anonymous. In the event we cannot fulfill your data portability request or require additional information to do so, we will contact you. • Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your Personal Information that may negatively impact you. • Right to lodge a complaint with the competent regulatory authority, such as your state’s attorney general, if you believe that the processing of your Personal Information does not comply with the applicable legal requirements. • Right to control who you share information with through your device’s privacy settings. You may terminate your account with us at any time through the account settings in by contacting info@mycarehelpers.com. Terminating your account will revoke any applicable consents or opt-ins but will not necessarily delete all of your data. 7. California Users Residents of the State of California may have additional rights as set forth in the Privacy Notice for California Residents. Horizon Care Helpers (dba My Care Helpers) does not sell your personal information or share your personal information for purposes of cross-context behavioral advertising. 8. Security of Your Personal Data Horizon Care Helpers (dba My Care Helpers) is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. No method of transmission over the Internet, or method of electronic data storage, is 100% secure, however. Therefore, while Horizon Care Helpers (dba My Care Helpers) uses reasonable efforts to protect your Personal Data, Horizon Care Helpers (dba My Care Helpers) cannot guarantee its absolute security. 9. Users Outside of the United States; Location of Processing Horizon Care Helpers (dba My Care Helpers) does not currently offer its services outside of the United States. If you interact with our websites or mobile application, whether within or outside of the United States, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, the Philippines, and Guatemala. 10. Contact Information Horizon Care Helpers (dba My Care Helpers) welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at info@mycarehelpers.com or contact us at 615-200-8649. 11. Changes to This Privacy Policy This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.