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Terms & Conditions

Last Updated: April 16, 2026

Terms & Conditions

Last Updated: April 16, 2026

Care Connect, LLC dba IHSSConnect (“IHSSConnect,” “we,” “us,” and “our”) is the online destination for in-home care in California. We provide a platform designed to help connect families and individuals with impairments to caregivers to help them and their loved ones remain safely and comfortably in the home through our website or mobile application (the “Services”). These Terms and Conditions govern your use of the Services. As used in these Terms and Conditions, those seeking to find a provider through our Services are “Recipients” and those seeking to promote their services are “Caregivers.”

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY NOTICE. PLEASE NOTE THAT THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING OUR LIABILITY AND REQUIRING RESOLVING DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS.

If you do not agree with and intend to be legally bound by these Terms and Conditions, do not access or use the Services. IHSSConnect reserves the right to change the Terms and Conditions, and to make changes to any of the products, services, or other matters described in the Services, at any time without notice or liability. Any such revisions are prospectively binding on you. You should periodically visit this page to review the then current Terms and Conditions that bind you. IHSSConnect reserves the right, in its sole discretion and without notice, to deny you access to the Services at any time. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.

THE SERVICES ARE INTENDED ONLY FOR INDIVIDUALS RESIDING IN THE UNITED STATES. THE SERVICES ARE FOR PERSONAL USE ONLY AND ARE NOT INTENDED FOR BUSINESS SALES OR BUSINESS USE. ALTHOUGH THE SERVICES MAY BE ACCESSED FROM AROUND THE WORLD, THE SERVICES HAVE BEEN DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES. IF ANY MATERIAL ON THE SERVICES, OR YOUR USE OF THE SERVICES, IS CONTRARY TO THE LAWS OF THE COUNTRY WHERE YOU ARE WHEN YOU ACCESS IT, THE SERVICES ARE NOT INTENDED FOR YOU, AND YOU SHOULD NOT ACCESS OR USE THE SERVICES. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM.

IHSSConnect is a private company that is not affiliated with any state, county, or local governmental agency or organization.

Responsibility of Hiring Decisions; Restrictions IHSSConnect does not employ any Caregivers or Recipients nor is it responsible for the conduct of any Caregiver or Recipient. IHSSConnect provides information and tools designed to help Caregivers and Recipients connect and make informed decisions.

Each individual is solely responsible for selecting an appropriate care provider or recipient for themselves or their families and for complying with all applicable laws in connection with any employment relationship they establish. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services. The information contained in profiles, job posts and applications are supplied by individuals using our Services and is not information generated or verified by IHSSConnect and IHSSConnect shall have no liability for any information posted by users in profiles.

We do not endorse or recommend any Caregivers or Recipients, and we make no promises or statements regarding the suitability, dependability, timeliness, or accuracy of services provided by Caregivers, or regarding the honesty, accountability, or conduct of either Recipients or Caregivers in public, private, or offline dealings. Any review or screening IHSSConnect performs of a Recipient, a Caregiver, or their information is limited and should not be relied on as complete, accurate, current, or final proof of that person’s or entity’s fitness to serve as an employer or care provider. We are not an employment agency, do not place or supply employees for Recipients, and do not obtain or arrange employment opportunities for Caregivers. We do not manage, track, direct, or supervise the quality, scheduling, hours, compensation, legality, or any other part of the services Caregivers provide, and we do not require Caregivers to accept assignments, work jobs, or provide services. If we state that certain information has been verified, that only means the user completed our verification process for that information. It does not mean we guarantee, represent, or warrant that the information is correct or that it actually belongs to the Subscriber who submitted it. IHSSConnect.com does not offer medical advice, diagnosis, or treatment, and does not engage in activities requiring a professional license.

ELIGIBILITY

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. The Services are currently available only to individuals who reside legally in the United States. Each Recipient is responsible for complying with all applicable laws in connection with any relationship they establish with a Caregiver, including verifying the age of the Caregiver(s) and such Caregivers’ eligibility to work in the United States.

PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services contain our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Except as expressly provided in these Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  • you have the legal capacity and you agree to comply with these Terms and Conditions;
  • you are not a minor in the jurisdiction in which you reside; and
  • you represent that you are accessing the Services and subscribing to these services in your individual capacity solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care, and not on behalf of a business or other entity or for benchmarking or competitive services.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if you otherwise fail to comply with the requirements in these Terms and Conditions, we have the right to suspend or terminate your Account (as defined below) and refuse any and all current or future use of the Services (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  1. Create a false identity, misrepresent your identity, create an Account for anyone other than yourself, or use or attempt to use another’s Account (such as sharing log-in credentials).
  2. Use the Services for any illegal or unauthorized purpose.
  3. Use the Services in a way that would violate any applicable laws or regulations.
  4. Access the Services through automated or non-human means, whether through a bot, script, or otherwise.
  5. Post (or otherwise share) anything that contains software viruses, worms, or any other harmful code.
  6. Make improper use of our support services such as submit false or unfounded reports of abuse or misconduct.
  7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  8. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. This includes submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
  9. Copy, modify, reverse-engineer, reduce or attempt to reduce, or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  10. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise, such as scraping or copying the Services, including profiles and other data from the Services.
  11. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Services.

USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms and Conditions.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms and Conditions.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Services.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions, except as licensed to us to use in connection with the Services. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

ACCOUNT

In order to access and use certain features of the Services, you may be required to register and create an Account (“Account”). By creating an Account, you agree to:

  • provide accurate, current, and complete information about yourself and update it as necessary;
  • maintain the security of your Account;
  • meet all requirements for the type of account as detailed by IHSSConnect when you signup; and
  • immediately notify us of any unauthorized use of your Account or any other breach of Account security.

We reserve the right, in our sole discretion, to accept or reject your registration to create an Account and/or to access the Services.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. By sending Submissions regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

BACKGROUND CHECK

IHSSConnect may provide you with the option to request your background check from our third party provider. IHSSConnect offers this service as a courtesy and does not conduct background checks on any individual, directly. IHSSConnect does not warrant the accuracy, completeness, or reliability of any background check.

IHSSConnect does not verify the identity, background, qualifications, credentials, or representations of Recipients or Caregivers, and does not endorse any user, job posting, or employment opportunity. You are solely responsible for conducting their own due diligence.

IHSSConnect is not involved in the hiring process or decision-making. Recipients that decide to make a hiring decision based on a background check must comply with applicable law. Anyone who decides to access, use, or share information provided by a background check must comply with all applicable laws, including the Fair Credit Reporting Act and state and local consumer reporting laws, credit laws, and employment laws. If you order a background check you agree to comply with these laws and you agree not to request any background check for any purpose or at any time prohibited by such laws. You also agree to release, indemnify and hold harmless IHSSConnect from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a background check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that IHSSConnect has no obligation to perform background checks on any Caregivers or Recipients.

IHSS CONNECT BLOG

The information provided in articles and blogs on IHSSConnect are intended for general informational purposes only and should not be considered as legal, medical, or professional advice. The contents of these articles are not a substitute for professional consultation and should not be used as a basis for making any legal, medical, or any other important decisions.

While we strive to provide accurate and up-to-date information, IHSS Connect does not guarantee the completeness, reliability, or accuracy of information found within these articles. The laws and regulations surrounding IHSS and related services are subject to change, and they can vary significantly depending on individual circumstances.

We strongly advise readers to seek personalized advice from qualified professionals regarding specific legal, medical, or professional matters. This article is not intended for emergency use or to address critical health or legal issues.

Use of these articles, blogs, and any information contained therein is solely at your own risk. IHSSConnect disclaims any liability for ay loss, damage, or other consequences that may arise from reliance on the material provided in any articles found on ihssconnect.com.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Services for violations of these Terms and Conditions;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable your access to the Services;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Services, or otherwise disable, all files and content that are excessive in size or are in any way burdensome to our systems; and
  • otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION

CLASS AND COLLECTIVE ACTION WAIVER: YOU AND IHSSCONNECT EXPLICITLY AGREE TO THE FULLEST EXTENT ALLOWABLE AND ENFORCEABLE UNDER APPLICABLE LAW, THAT ANY DISPUTE ARISING UNDER OR SUBJECT TO THIS AGREEMENT MUST BE TRIED ON AN INDIVIDUAL BASIS. NO DISPUTE SHALL BE TRIED ON A CLASS OR REPRESENTATIVE BASIS.

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any litigation. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions
The Parties agree that any Dispute shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no Dispute shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

ACCURACY

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at support@ihssconnect.com