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INDEMNITY AND HOLD HARMLESS CLAUSE
This registry is for information purposes only. The Home Care Consortium of
Marin (HCCM) and its members does not guarantee the quality of the
Personal Assistants, home care
providers, or any person hired by you for any reason
on this registry. You should make your own
investigation and background check of each person
before you hire them and not rely solely on any of the information
provided by HCCM on quickmatch.org or which is
mailed to you. Listing on this registry does not imply endorsement or
recommendation of providers. You, not HCCM are the employer of the
homecare worker you hire to work in your home.
See
Question and answers for more information.
The Home Care Consortium of Marin (HCCM) and its members does not guarantee the
quality of the home care jobs on this registry. Listing on this registry does
not imply endorsement or recommendation of employer to the employee.
Taking a job is at the employee's own risk.
You hereby indemnify, defend and hold the Home Care Consortium Of Marin (HCCM),
its parent and members (collectively, the "indemnified parties") harmless from
and against any and all liability and costs incurred by the indemnified parties
in connection with any claim arising out of any breach by you of this agreement
or the foregoing representations, warranties and covenants, including, without
limitation, reasonable attorneys' fees. You shall use your best efforts to
cooperate with HCCM in the defense of any claim. HCCM reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
DISCLAIMER
The information in this registry is provided "as is" and without warranties of
any kind, either express or implied. To the fullest extent permissible pursuant
to applicable law, HCCM disclaims all warranties, express or implied,
including, but not limited to, skills, knowledge, background, history, implied
warranties of skills and training and fitness for a particular purpose. HCCM
does not warrant that the functions, skills, training, experience contained on
this site will be uninterrupted or error-free, that defects will be corrected,
or that this site or the server that makes it available are free of viruses or
other harmful components. HCCM does not warrant or make any representations
regarding the use or the results of the use of the materials in this site in
terms of their correctness, accuracy, reliability or otherwise. You (and not
HCCM) assume the entire cost of hiring homecare workers, paying taxes and
training, etc. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall HCCM
be liable for any special or consequential damages that result from the use of,
or the inability to use, the information in the registry, even if HCCM or a
HCCM authorized representative has been advised of the possibility of such
damages. Applicable law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above limitation or exclusion
may not apply to you. In no event shall HCCM's total liability to you for all
damages, losses and causes of action (whether in contract, tort - including,
but not limited to -negligence or otherwise) exceed the amount paid by you, if
any, for accessing this site.
OTHER
This agreement shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles of
conflicts or law. If any provisions of this agreement shall be unlawful, void
or for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties relating
to the subject matter herein and shall not be modified except in writing,
signed by both parties.
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