TERMS AND CONDITIONS

Welcome to the eHomeNeeds Inc. ("eHomeNeeds") Web site located at <www.ehomeneeds.com> (the “Site”). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately. The Site must not be used by children under 13.

1.     Registration.  In order to match users who are seeking certain home or care services (“Service Seekers”) to those offering their services over the Site, such as contractors, caregivers or other such services (“Service Providers”), both such users of the Site will be asked to register and create an account in order to participate in or to obtain services and benefits. You may be required to provide eHomeNeeds with certain information about yourself including some types of personally identifying information and other information specific to the services requested. You are fully responsible for all usage and activity on your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at support@ehomeneeds.com. eHomeNeeds may suspend or terminate your account and your ability to use any services on the Site for failure to comply with these Terms, for providing eHomeNeeds with untrue or inaccurate information about yourself, for infringement upon eHomeNeeds proprietary rights, or for any other reason whatsoever or for no reason. 

2.     Services.  Your interaction with any individuals, organizations, entities, Service Provider or Service Seeker found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and such individual or organization. Service Providers are not employees, agents, independent contractors, subcontractor, consultants or involved in any employment relationship with eHomeNeeds, nor is eHomeNeeds an agent of any Service Provider. eHomeNeeds does not endorse or recommend the services of a particular Service Provider and eHomeNeeds makes no guarantees, warranties or representations regarding the use of a Service Provider located on the Site. eHomeNeeds cannot guarantee that there is a Service Provider located in a specific area to respond a request, or that a Service Provider will respond to a request submitted by a user of the Site with in a specific time frame, or at all. Although eHomeNeeds may take certain steps to verify the credentials or licenses of a Service Provider, we make no guarantees, warranties or representations regarding the skills of such Service Provider or the quality of the service provided. eHomeNeeds does not itself perform, nor is it responsible for any service requested by you through the Site, or from a Service Provider whose information was obtained through the Site. Any agreement entered into between you and a Service Provider is independent of eHomeNeeds and the terms and rights of such agreement is your sole responsibility. Should you have a dispute with a Service Provider, you must address such dispute with that specific Service Provider and any resolution is independent of eHomeNeeds and the Site. It is your individual responsibility to make any investigation that you feel may be necessary or appropriate before entering into any online or offline transaction with a Service Provider, Service Seeker or any third party.

3.     Proprietary Rights.  As between any user and eHomeNeeds, eHomeNeeds owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (the “Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and eHomeNeeds, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to eHomeNeeds or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.

4.     Unauthorized Activities.  You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws in your jurisdiction (including copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with eHomeNeeds; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who as requested not to be contacted; (e) stalk or harass anyone; (f) post non-local or otherwise irrelevant User Content or otherwise impose an unreasonable or excessively great amount of User Content on the Site; or (g) attempt to gain unauthorized access to eHomeNeeds’ computer system or engage in any activity interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any public or commercial purpose without express approval from eHomeNeeds. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without eHomeNeeds’ prior written consent. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to eHomeNeeds and that in the event of such unauthorized use, eHomeNeeds shall be entitled to an injunction in addition to any other remedies available at law or in equity.

5.     Site Material.  While eHomeNeeds endeavors to keep the Site Material and other content on, in, and through this Site up-to-date, eHomeNeeds is not responsible for any errors or omissions in the Site Material or content. eHomeNeeds is not responsible for the accuracy or completeness of any information, text, graphics, forms, links, advertisements or other items contained within the Site. eHomeNeeds does not review or verify any information submitted to the Site, including registration information or profile information for a Service Provider. eHomeNeeds may make changes to the Site Material, the Site, postings, or the products or services made available in connection with the Site at any time, with or without notice, and makes no commitment to update any of these items.

6.     Materials Submitted to the Site.  The Site allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). You agree that you must evaluate, and bear all risks associated with the use of User Content and that you may not rely on such User Content. eHomeNeeds, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content that is submitted to the Site. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.

Upon your submission of User Content or other material or information to eHomeNeeds, you grant eHomeNeeds a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sub-license, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. eHomeNeeds may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. eHomeNeeds shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 13 of these Terms.

7.     Payment, Refunds and Cancellations.  Some services or products on the Site (such as membership subscription fees for Service Providers, Platinum Memberships and background screenings) require you make a purchase. By registering for such services from eHomeNeeds, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. In order to make a purchase, eHomeNeeds may use the services of third parties, including Authorize.Net (click here) to read Authorize.Net’s User Agreement and Privacy Policy). eHomeNeeds expressly disclaims any and all responsibility for or related to the service provided by any such third party or the transactions you conduct or enter into with any such third party. If for any reason eHomeNeeds does not receive payment for a purchase or service, eHomeNeeds may: (a) immediately suspend or terminate your account; (b) seek collection of the outstanding amount owed; and/or (c) seek legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed on your purchase or provision of services in connection with use of the Site, including sales, use or excise taxes. Prices may vary. To the extent that eHomeNeeds is obligated to collect such taxes, the applicable tax will be added to your billing account. Except as specifically provided herein, no refunds will be issued. For subscription fees of prepaid memberships of 3 months or longer, a full refund will be issued if properly requested within 15 days of the payment. Such refund will be processed by crediting the customer’s credit/debit card, or through a check mailed to the user’s billing address. Cancellation requests can be made by contacting the eHomeNeeds billing department within 15 days of the payment. For month-to-month subscription plans, the cancellation will take effect in the next billing period. For all other subscription plans, the cancellation request will be approved only if submitted within 15 days of the payment.

8.     Third Party Web Sites and Content.  The Site is available for informational purposes only. Parties other than eHomeNeeds may provide products, services or content on the Site, including Authorize.net. Additionally, the Site contains links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest, such as links to the web sites of Service Providers. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. eHomeNeeds does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. eHomeNeeds does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.

9.     Privacy Statement.  Any personal information that you provide to eHomeNeeds on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein.

10.  Disclaimer of Warranty and Liability.  THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”  USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

EHOMENEEDS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.

EHOMENEEDS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EHOMENEEDS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF EHOMENEEDS AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITES, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING TWO MONTHS FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF EHOMENEEDS AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).  If you are dissatisfied with the Site, or with any of these Terms, or feel eHomeNeeds has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

11.  Indemnification.  You shall indemnify eHomeNeeds and its directors, officers, employees, agents, contractors and licensors (“eHomeNeeds Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to eHomeNeeds), or any breach by you of these Terms and shall indemnify and hold eHomeNeeds Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of eHomeNeeds.

eHomeNeeds or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If eHomeNeeds or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to the eHomeNeeds, subject to the right of eHomeNeeds to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

12.  Internet Security and Passwords.  We use reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to eHomeNeeds via the Site or the Internet, including, for example, personal information such as your name or address.  You are responsible for taking all necessary steps to ensure that no unauthorized person gains access to your eHomeNeeds password or account.

13.  Complaint Procedures.  If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to eHomeNeeds at complaints@ehomeneeds.com or 490 S Riverview drive, Totowa, NJ 07512  a comprehensive detailed message setting forth the following information:  (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement:  “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” 

14.  Changes to these Terms.  eHomeNeeds reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. eHomeNeeds reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, for any reason whatsoever or for no reason.

15.  Governing Law and Jurisdiction.  These Terms represent the entire agreement between you and eHomeNeeds with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal courts located in Totowa, NJ, and state courts located in Totowa, NJ; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

16.  Miscellaneous.  The Site is controlled and operated from within the United States. Without limiting anything else, eHomeNeeds makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of eHomeNeeds to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”