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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.

 

 

 

 

 

 

 

© 2008 Home Care Consortium of Marin