Terms of use
Welcome to the website of Zuri Care Givers LLC (“Zuricare” or “we”). These terms of use (the “Terms”) apply to all websites, portals or pages owned or operated by Zuricare, including those accessible through the domains and subdomains: https://www.zuricaregivers.com (the “Zuricare Site”). Please read these Terms carefully prior to accessing and using the Zuricare Site.
General Uses and Restrictions
By accessing and using the Zuricare Site, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the Zuricare Site (collectively, “You”) to abide by these Terms. Zuricare permits You to use and access the Zuricare Site for lawful purposes only and only in a manner consistent with these Terms. Your agreement to these Terms is a condition to being granted access to and use of the Zuricare Site. If You do not agree with these Terms, You may not access the Zuricare Site and must exit the Zuricare Site immediately. These Terms apply to all visits and use of the Zuricare Site, as well as to the content, information, recommendations or services provided or transmitted on or through the Zuricare Site. By using and accessing the Zuricare Site, You represent that You are at least 18 years of age, have the authority to enter into and comply with these Terms on Your own behalf and on behalf of the organization or entity on whose behalf You are using or accessing the Zuricare Site, and that all information provided by You, including but not limited to Your identity, contact information, experience, qualifications, available positions and facility details are accurate and current. You shall be responsible for any violation of these Terms by You, Your agents or Your employees.
No Guarantee
Zuricare does not guarantee that you will receive any employment or job offers through the Zuricare Site and is neither your employer nor your agent based solely on your usage of the Zuricare Site.
Restricted Areas; Registered Users
Zuricare has restricted access to certain portions of the Zuricare Site, including the Zuricare client portal, and its application, profile, shift and other sections of the Zuricare Site (collectively the “Restricted Areas”), to users with legitimate Zuricare-related business reasons for using such Restricted Areas who have registered with Zuricare or to whom Zuricare has otherwise provided an account, username or password (the “Registered Users”). You agree that the entirety of the Restricted Areas, including, but not limited to their design, source code, databases, content and data or materials stored on, generated by, created using, or transmitted through them shall be considered Confidential Information, as defined below. You agree that Your use of, and access to, the Restricted Areas shall be limited only to the extent such access and use directly relates to, or is necessary for, an existing or prospective employment relationship with Zuricare or an existing or prospective business relationship or agreement between You and Zuricare (the “Permitted Uses”).
You agree that any username or password used by You to access Restricted Areas is Confidential Information, as defined below. You agree not to use another Registered User’s username and password or to allow any other person, other than Your employees or agents, to use the username or password used by You. You are solely responsible for all activity conducted using Your username or password. You will immediately notify Zuricare if You become aware of any loss or theft of Your username or password or any unauthorized use of Your username and password. Zuricare is not liable for any loss or damage arising from your failure to comply with these obligations. Zuricare reserves the right to reset, lock, delete or suspend Your account or login credentials at any time and for any reason. You shall be responsible for notifying Zuricare if Your relationship with any employee or agent who had access to the Restricted Areas is severed so passwords may be updated or accounts disabled.
Push Notifications
You may receive push notifications sent to you which may include alerts, badges, banners and sounds (“Push Notifications“). If you agree to allow Push Notifications, then apps that Zuricare uses will generate Push Notifications on your mobile device. You may control the Push Notifications in your device’s settings. Some of the Push Notifications may be related to your location. Your carrier may charge standard data and other fees for use of Push Notifications, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Notifications and certain Push Notifications may be incompatible with your carrier or mobile device. Contact your carrier with questions about these issues. You may discontinue Push Notifications in your device’s settings or by deleting the applicable app. We may collect information related to your use of Push Notifications.
Confidential Information
When accessing or using the Restricted Areas, you may be able to upload, download, receive, transmit, view, create, enter, access, post, share, display or otherwise use or access information, documents or other material that is confidential in nature (collectively, “Confidential Information”). Confidential Information includes, but is not limited to (i) marketing, job orders, personal identifying information and other information relating to Zuricare’s business, customers, agents, employees or subcontractors or (ii) private or sensitive information relating to healthcare professionals and other workers provided by Zuricare, its affiliates, agents or subcontractors, such as personnel, medical, financial, credentialing or other compliance documentation or records. You agree to use Confidential Information only for lawful, Permitted Uses or as otherwise permitted by law. You agree to limit access to Confidential Information to only those employees or agents of Yours who reasonably require access to such information for the Permitted Uses. If You provide any Confidential Information to Your employees or agents, You shall require all such employees or agents to abide by these Terms, as well as any applicable law or agreements relating to such information. You agree that You will be responsible for any breach of any provision of these Terms by Your employees or agents. You shall take all necessary precautions, but not less than a reasonable standard of care, to protect the confidential nature of the Confidential Information, including, without limitation, reasonable security measures and all precautions You use with respect to Your own confidential information.
In the event You or any of Your representatives are requested or required by any government or governmental agency or authority to disclose any of the Confidential Information (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, any informal or formal investigation by any government or governmental agency or authority or otherwise), You will notify Zuricare promptly in writing so that Zuricare may seek a protective order or other appropriate remedy or, in Zuricare’s sole discretion, waive compliance with these Terms. You agree not to oppose any action by Zuricare to obtain a protective order or other appropriate remedy. In the event that no protective order or other remedy is obtained or Zuricare waives compliance with these Terms, You agree to furnish only that portion of the Confidential Information which You are advised is legally required.
If You discover or are notified of a breach or potential breach of security with respect to any Confidential Information provided or made available by Zuricare, You shall immediately (i) notify Zuricare of such breach or such potential breach at the address specified below, (ii) immediately investigate such breach or such potential breach and inform Zuricare of the results of such investigation and (iii) assist Zuricare as reasonably necessary to enforce Zuricare’s rights and to enable Zuricare to comply with any state or federal law requiring the provision of notice of any security breach with respect to the breach.
Notwithstanding any other provision of these Terms, Confidential Information shall not include any information, data, material, document, patent or idea, which (i) is within the public domain prior to the time of disclosure or thereafter becomes within the public domain other than as a result of disclosure by You or Your representatives in violation of these Terms; (ii) was, on or before the date of disclosure, in Your possession, as shown by You, unless it was acquired by You from a third party who was under an obligation of confidentiality to Zuricare; (iii) is acquired by You from a third party not under an obligation of confidentiality to Zuricare; or (iv) was independently developed by You without the use of Confidential Information or other breach of these Terms.
Zuricare’s Retention of Proprietary Rights
Zuricare hereby grants You with a limited, revocable, temporary, non-exclusive, and non-transferable ability to access and use the Zuricare Site in accordance with these Terms. You expressly acknowledge and agree that Zuricare transfers no ownership, intellectual property interest, or title in or to the Zuricare Site, the Confidential Information or any information or data contained therein to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Zuricare Site, unless otherwise indicated, are owned, controlled, or licensed by Zuricare. You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense or commercially exploit the Zuricare Site, Zuricare’s name, Zuricare’s logo, Zuricare’s marks or any other data or information provided on or through the Zuricare Site in any manner, or use the Zuricare Site in any manner not expressly permitted by these Terms.
The Zuricare Site are Copyright © Zuri Car Givers LLC. All rights reserved. Your unauthorized use of the Zuricare Site, Confidential Information, Zuricare logos, names, or marks, or any other information or data contained therein may violate intellectual property or other proprietary rights laws, as well as other laws, regulations and statutes.
Compliance with Applicable Law
You agree to abide by all applicable local, state, national, and international law and regulations with respect to Your use of the Zuricare Site or any Confidential Information or other information obtained by You while using the Zuricare Site. These Terms are also subject to any applicable export laws, orders, restrictions or regulations. You shall not export the Zuricare Site or access or use the Zuricare Site without complying with such laws, orders, restrictions or regulations.
Prohibited Uses; Your Transmissions
You may not use the Zuricare Site to send, upload, share, email, post, publish, edit, modify or otherwise transmit material or information, or use information obtained through the Zuricare Site, in any manner that (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, offensive, obscene, harassing or discriminatory, including on any basis protected by applicable federal, state or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email,” “spam” or chain letters; (vi) interferes with or disrupts the performance of the Zuricare Site or servers or systems used to host or operate the Zuricare Site, Zuricare’s servers or systems or the servers or systems of other users of the Zuricare Site; or (vii) attempts to circumvent or misuse the user authentication or security measures of the Zuricare Site.
By sending, uploading, sharing, emailing, posting, publishing, editing, modifying, or otherwise transmitting content to the Zuricare Site or submitting any content to or through the Zuricare Site or to Zuricare relating to the Zuricare Site (including, documentation, feedback), you automatically grant (or warrant that the owner of such rights has expressly granted), Zuricare a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium or technology now known or later developed. In addition, You warrant that all so-called moral rights in the content have been waived. Zuricare assumes no responsibility for the deletion of or failure to store any posting, transmission, documents or information stored or submitted on the Zuricare Site or any third-party platform used by Zuricare. Notwithstanding the foregoing, this section is not intended to and does not supersede any applicable law or separate written agreements between You and Zuricare that are signed by the CEO of Zuricare, to the extent such law or agreements restrict or govern Zuricare’s use of confidential information provided by You to Zuricare as part of a business transaction.
Zuricare is not responsible for screening, policing, editing or monitoring Your or another Registered User’s transmissions, submissions and postings. Accordingly, Zuricare encourages its Registered Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Moreover, Zuricare does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material displayed, uploaded or distributed by You or any other Registered User. Nevertheless, Zuricare reserves the right to delete or take other action with respect to transmissions or postings (or parts thereof) that Zuricare believes in good faith violate these Terms or are potentially, unlawful, or harmful to Zuricare, its products, services or goodwill.
Privacy Policy
Your use of the Zuricare Site may be monitored, including to monitor usage levels, collect data and information and to ensure compliance with applicable law and agreements. Accordingly, if You access the Zuricare Site you acknowledge and consent to Zuricare’s monitoring, collection and use practices. Please see Zuricare’s Privacy Policy for a summary of its practices in this regard.
Alleged Copyright Violations
It is the policy of Zuricare to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you become aware of transmissions or postings that violate these rules or believe your copyrighted work has been inappropriately used or made accessible through the Zuricare Site, please notify Zuricare in writing at the address provided below.
Links to Other Sites
Zuricare may, in its sole discretion, provide links to other sites on the World Wide Web for your convenience. These sites have not necessarily been reviewed by Zuricare and are maintained by third parties over which Zuricare exercises no control. Accordingly, Zuricare expressly disclaims any responsibility for the content, the materials, the accuracy of the information or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply that Zuricare has endorsed any third party, any third-party website or the products or services provided by any third party.
Disclaimer
THE ZURICARE SITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON OR THROUGH THE ZURICARE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACCURACIES. ZURICARE MAY MAKE MODIFICATIONS OR CHANGES TO THE ZURICARE SITE OR TO THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON THE ZURICARE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND RELYING ON THE INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON THE ZURICARE SITE. ZURICARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON THE ZURICARE SITE FOR ANY PURPOSE. ZURICARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ZURICARE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE ZURICARE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN, OR DISSATISFACTION WITH, THE ZURICARE SITE OR ANY INFORMATION THEREIN IS TO CEASE USE OF THE ZURICARE SITE.
MOREOVER, IN NO EVENT SHALL ZURICARE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF, OR ACCESS TO, THE ZURICARE SITE OR THE DELAY OR INABILITY TO USE THE ZURICARE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ZURICARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ZURICARE SITE IS TO STOP USING THE ZURICARE SITE.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ZURICARE FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF, OR ACCESS TO, THE ZURICARE SITE AND ALL INFORMATION AND SERVICES THEREIN, OR WITH THE DELAY OR INABILITY TO USE THE ZURICARE SITE, INFORMATION, OR SERVICES THEREIN, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Indemnification
You agree to defend, indemnify and hold harmless Zuricare, its affiliates, officers, directors, employees, agents, licensors, clients and subcontractors from and against any and all claims, damages, losses, liabilities, costs and expenses (including attorneys’ fees) relating to or arising from (i) Your use of the Zuricare Site, (ii) Your violation of these Terms; (iii) Your violation of any third-party rights relating to or arising out of Your use of the Zuricare Site; or (iv) Your violation of any law or regulation relating to, or arising out of, Your use of, or access to, the Zuricare Site.
Term and Termination
These Terms shall take effect immediately upon Your access to, or use of, the Zuricare Site after these Terms are posted or, if you have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. The Zuricare Site is provided as a convenience to assist Zuricare in conducting its business. Zuricare reserves the right to modify, change or disable the Zuricare Site or Your use of, or access to, the Zuricare Site, at any time with or without notice. Zuricare shall not be liable for damages in connection with such terminations, disabling, modifications or changes.
In addition, Zuricare reserves the right to modify or terminate these Terms at any time upon reasonable notice to You. You agree that Zuricare may provide reasonable notice of such modifications by posting the new or modified terms (the “Modified Terms”) on the Zuricare Site and specifying an effective date that is at least 10 days after the date the Modified Terms are initially posted. You agree that if You continue to use the Zuricare Site without written objection to Zuricare, You shall be considered to have accepted the Modified Terms as of the effective date stated therein. Such Modified Terms shall apply prospectively only. If these Terms are terminated or modified, these Terms shall apply only to pre-termination or pre-modification use, access, actions or omissions.
You may terminate any of Your obligations under these Terms at any time by ceasing to use the Zuricare Site and, if You are a Registered User, by notifying Zuricare of your desire to terminate Your account. Upon termination, You must destroy all copies of Confidential Information in your possession, custody or control, except that You may be permitted to obtain a copy of certain Confidential Information to the extent permitted in writing by Zuricare or where You are legally required to retain such records.
Notices
All notices, requests, demands or other communications to Zuricare shall be made in writing and shall be addressed to:
Zuri Care Givers LLC
Attention: Compliance
347 Fifth Avenue
Suite 1402-622
New York, New York 10016
Our telephone number is (646) 679-4322
Email: [email protected]
Zuricare may provide notice to You by posting on the Zuricare Site or otherwise contacting You at Your last known email address or last known mailing address.
Miscellaneous
These Terms and any claims arising out of or relating to these Terms or Your use of the Zuricare Site shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law principles. You hereby consent to the exclusive personal jurisdiction in any state or federal court or arbitral forum located in New York, New York. If any provision of these Terms is held to be invalid, void, or unenforceable, all other provisions shall remain valid and be enforced and construed as if such invalid provision were never a part of these Terms. Unless otherwise provided herein, any dispute, controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration before the CPR Institute for Dispute Resolution located in New York, New York.
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable injury to Zuricare, such injury would not be quantifiable in monetary damages and Zuricare would not have an adequate remedy at law. You therefore agree that Zuricare shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of these Terms. Accordingly, You hereby waive any requirement that Zuricare post any bond or other security in the event any injunctive or equitable relief is sought by, or awarded to, Zuricare to enforce any provision of these Terms.
You may not assign Your rights or obligations to any other person or entity without Zuricare’s prior written consent.
No waiver, delay, or failure by Zuricare with respect to any right or provision under these Terms shall be deemed a waiver of any other provision or constitute a continuing waiver.
No joint venture, partnership, employment or agency relationship exists between you and Zuricare as result of these Terms or your utilization of the Zuricare Site.
The headings in these Terms are for convenience or reference only and are not to be considered when construing these Terms.
These Terms represent the entire agreement between You and Zuricare with respect to use of the Zuricare Site. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Zuricare that govern Your use of, or access to, the Zuricare Site. In the event You are or were an employee of Zuricare, the terms of any employment policies or written agreements signed with the requisite authority from Zuricare’s CEO relating to Your employment with Zuricare (including any arbitration agreements) shall control to the extent deemed inconsistent with these Terms.
Zuricare’s Terms of Use was last updated on October 15, 2024.
