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American Home Help Terms of Use
Effective on December 31, 2023
By accessing or using American Home Help’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Acceptable Use Policy, Business Associate Agreement, and Electronic Signature Acknowledgement and Consent, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.
IF YOU ARE ENTERING INTO THESE TERMS OF USE AS AN INDIVIDUAL, THE TERM “CUSTOMER,” AND “YOU” REFERS TO YOU. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERM “CUSTOMER,” AND “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND AMERICAN HOME HELP. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
The headings, captions, and summaries in this Agreement are included to make it easier for you to read and understand the Agreement and shall neither affect the construction or interpretation of any provision of the Agreement. The headings, captions, and summaries do not replace the text of each section and you should read each section in its entirety.
We may update these Terms from time to time, so check this page regularly for updates.
Welcome to American Home Help, operated by Care Navigators LLC, dba American Home Help. As used in this Agreement, the terms “American Home Help,” “us,” “we,” the “Company”, and “our” shall refer to Care Navigators LLC. Together you and American Home Help may be referred to as the “Parties” or separately as “Party.”
By accessing or using our Services on AmericanHomeHelp.com (the “Website”), the American Home Help mobile application (the “App”), or any other platforms or services American Home Help may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services is also subject to the Privacy Policy, Acceptable Use Policy, Business Associate Agreement, and Electronic Signature Acknowledgement and Consent, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from American Home Help (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
You are at least 18 years old;
You are legally qualified to enter a binding contract with American Home Help;
You are located in the United States;
You are not on any list of individuals prohibited from conducting business with the United States;
You are not prohibited by law from using our Services;
You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti- spam laws, and regulatory requirements;
Use the latest version of the Website and/or App;
Treat other users in a courteous and respectful manner, both on and off our Services;
Be respectful when communicating with any of our customer care representatives;
Maintain a strong password and take reasonable measures to protect the security of your login information.
You agree that you will not:
Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
Use our Services for any harmful, illegal, or nefarious purpose;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
Use another user’s account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
Violate the terms of the license granted to you by American Home Help (see Section 6 below).
Disclose private or proprietary information that you do not have the right to disclose;
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without American Home Help’s prior written consent;
Express or imply that any statements you make are endorsed by American Home Help;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
“Frame” or “mirror” any part of our Services without American Home Help prior written authorization;
Use meta tags or code or other devices containing any reference to American Home Help or the platform (or any trademark, trade name, service mark, logo or slogan of American Home Help) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
Use, access, or publish the American Home Help application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activity that violates these Terms; or
Create a new account after we suspend or terminate your account, unless you receive our express permission.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
Prohibited Content—American Home Help prohibits uploading or sharing content that:
Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
Is defamatory, libelous, or untrue;
Involves the transmission of “junk” mail or “spam”;
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from American Home Help or otherwise;
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
Was not written by you or was automatically generated, unless expressly authorized by American Home Help;
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
Is inconsistent with the intended use of the Services; or
May harm the reputation of American Home Help or its affiliates.
The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that American Home Help provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, file uploads, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
3a. YOUR CONTENT
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and, unless expressly authorized by American Home Help, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing users to communicate with and connect one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
American Home Help owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
American Home Help does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and helpful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report Member” link on a user’s profile. You may also contact American Home Help Customer Service by clicking here.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services, or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
For information about how American Home Help and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
American Home Help grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, American Home Help grants you a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by American Home Help and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
You own all of the content you provide to American Home Help, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to American Home Help a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. American Home Help’s license to Your Content shall be non-exclusive, except that American Home Help’s license shall be exclusive with respect to derivative works created through use of our Services. For example, American Home Help would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that American Home Help can prevent the use of Your Content outside of our Services, you authorize American Home Help to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. American Home Help is not obligated to take any action with regard to use of Your Content by other users or third parties. American Home Help’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for American Home Help allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to American Home Help regarding our Services, you agree that American Home Help may use and share such feedback for any purpose without compensating you.
You agree that American Home Help may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
You will have the opportunity to purchase products and services from American Home Help. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.
American Home Help may offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
American Home Help operates a unique business, and our pricing varies by a number of factors. We may frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
8a. INTERNAL PURCHASES AND SUBSCRIPTIONS
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize American Home Help to charge the payment method you provide (your “Payment Method”). American Home Help may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, American Home Help may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a American Home Help subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Support.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Billing Dashboard. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Billing Dashboard and clicking on Plan. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8c below for more information.
8b. VIRTUAL ITEMS
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features such as Digital Faxing (“Virtual Item(s)”) from American Home Help. You may only purchase Virtual Items from us or our authorized partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when American Home Help ceases providing our Services, or your account is otherwise closed or terminated.
American Home Help, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. American Home Help may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. American Home Help shall have no liability to you or any third party in the event that American Home Help exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT AMERICAN HOME HELP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8c. REFUNDS
Generally, all purchases are nonrefundable.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
FOR SUBSCRIBERS RESIDING IN ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, ILLINOIS, IOWA, MINNESOTA, NEW YORK, NORTH CAROLINA, OHIO, RHODE ISLAND, AND WISCONSIN:
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items such as digital faxes are FINAL AND NON-REFUNDABLE.
If you qualify for a refund from the above information, please contact American Home Help Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or username associated with your account along with your order number. This notice shall be sent to: American Home Help, Attn: Cancellations, PO Box 1118, Mansfield, Texas 76063.
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you should know.
You can delete your account at any time by logging into the Website or App, going to ” Account Settings” (found on the profile dropdown menu and on the More Tab), and following the instructions to confirm deleting your account.
American Home Help reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if American Home Help believes that you have violated these Terms, misused our Services, or behaved in a way that American Home Help regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by American Home Help for any reason, these Terms continue and remain enforceable between you and American Home Help, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
American Home Help does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.
YOU UNDERSTAND THAT AMERICAN HOME HELP DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. AMERICAN HOME HELP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. AMERICAN HOME HELP RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE AMERICAN HOME HELP TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR CONNECTING WITH NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY AMERICAN HOME HELP, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though American Home Help strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or connect in person.
American Home Help’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
AMERICAN HOME HELP PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AMERICAN HOME HELP DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, AMERICAN HOME HELP MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR CONNECT WITH YOU, OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
AMERICAN HOME HELP ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES AMERICAN HOME HELP ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH AMERICAN HOME HELP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. AMERICAN HOME HELP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
American Home Help has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
Any DMCA Takedown Notices should be sent to [email protected], or via mail to the following address: Attn: Copyright Takedown, PO Box 1118, Mansfield, Texas 76063.
American Home Help will terminate the accounts of repeat infringers.
Like many subscription-based services, there are ads on our websites.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. American Home Help may also provide non-commercial links or references to third parties within its content. American Home Help is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, American Home Help is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. American Home Help is not responsible or liable for such third parties’ terms or actions.
American Home Help’s liability is limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AMERICAN HOME HELP, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF AMERICAN HOME HELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AMERICAN HOME HELP’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO AMERICAN HOME HELP FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST AMERICAN HOME HELP, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (I) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (II) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (III) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.
15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, please contact American Home Help Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against American Home Help, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “American Home Help” shall include our affiliates, employees, licensors, and service providers.
American Home Help values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to American Home Help, Attn: Legal, PO Box 1118, Mansfield, Texas 76063. If American Home Help has a Dispute with you, American Home Help agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables American Home Help to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. American Home Help’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and American Home Help agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if American Home Help requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss American Home Help’s Dispute with you, American Home Help agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or American Home Help may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and American Home Help engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND AMERICAN HOME HELP EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND AMERICAN HOME HELP EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST AMERICAN HOME HELP. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND AMERICAN HOME HELP AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any dispute, claim, or controversy between you and American Home Help (that is not resolved informally by American Home Help Customer Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or American Home Help may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or American Home Help challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to American Home Help’s other contracting parties.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against American Home Help (except for small claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described in subsection 15a above and when no small claims court election is made by either Party. Any arbitration between you and American Home Help shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address [email protected]. If NAM is unable or unwilling to perform its duties under this Agreement, the parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:
15e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or American Home Help prior to the time of your consent to this Agreement and to any claims that accrue against you or American Home Help after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against American Home Help prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: [email protected]. Please do not direct any customer support inquiries to [email protected], as they will not be addressed; such inquiries should be directed to customer support. You must include information sufficient to identify your account(s), such as the email address or username associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or American Home Help after your consent to this Agreement in accordance with this Dispute Resolution Section.
Texas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
To the fullest extent allowable by law, the laws of Texas, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act.
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Dallas County, Texas (except for claims filed in small claims court).
Except where prohibited by law and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with American Home Help that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Dallas County, Texas, U.S.A. You and American Home Help consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
You agree to indemnify American Home Help if a claim is made against American Home Help due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless American Home Help, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement.
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Acceptable Use Policy, Business Associate Agreement, and Electronic Signature Acknowledgement and Consent, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
IF YOU ARE ENTERING INTO THESE TERMS OF USE AS AN INDIVIDUAL, THE TERM “CUSTOMER,” AND “YOU” REFERS TO YOU. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERM “CUSTOMER,” AND “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Acceptable Use Policy, Business Associate Agreement, and Electronic Signature Acknowledgement and Consent, and any Additional Terms Upon Purchase, contain the entire agreement between you and American Home Help regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your American Home Help account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind American Home Help in any manner.
American Home Help Privacy Policy
Last Updated: 8/19/2024
American Home Help offers various services to help its users find and coordinate care options. American Home Help’s Privacy Policy (“Privacy Policy”) is designed to explain the information we collect and how we use it to provide our services and give users a better experience. It applies to any users of www.americanhomehelp.com and any web pages, mobile applications and mobile websites operated by Care Navigators LLC, DBA American Home Help (collectively, the “Site”), including those who are seeking to find care options on American Home Help (“Help Seekers”) as well as those who are looking to promote their services as a care option on American Home Help (“Healthcare Professionals”& “Care Providers”), and any users of any of the various services that American Home Help provides through the Site or any other channels, including over the telephone, fax, and email (collectively, “Services”).
For purposes of this Privacy Policy, the terms “www.americanhomehelp.com,” “we,” “us,” and “our” refer to Care Navigators LLC, DBA American Home Help. “You” refers to you, as a visitor or user of the Site or the Services. This Privacy Policy does not apply to third party entities that may use the Site or Services. Such entities’ use of the Site and Services are subject to separate terms that they agreed to when they registered or otherwise contracted with American Home Help. Other capitalized terms that are not expressly defined in this Privacy Policy have the same meaning as set forth in the American Home Help Terms of Use.
By using the Site and/or the Services, you consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy.
1. Information We Collect and their Sources
How we collect and store information depends on the Services you use and the activities in which you participate. You can use some of the Site and Services without providing any information other than that automatically collected as described below. Visitors who access and browse the Site without registering are “Site Visitors.” In order to utilize some of the Services offered by American Home Help, you must register with American Home Help. All users who register with American Home Help are “Registered Users.”
1.1 Information you provide
Regardless of whether you are a Site Visitor or a Registered User, all information that you provide to us when registering, posting a help request, posting a profile, communicating through the Site, discussing care options over the phone, utilizing our mobile applications or that you otherwise provide on the Site or by phone, email, fax, postal mail or otherwise, will be stored by us. You represent and warrant to us that you have the right and authority to provide us all information you provide about yourself or others. You may provide us with information in various ways, including:
A. When registering
When you register directly through American Home Help, we will collect and store the information that you provide to us on our online registration forms. This may include, among other information, your:
• first and last name
• email address
• phone number
• company name
If you register for a Service that requires you to pay a fee, American Home Help will also collect your payment method details via Stripe.com, such as account number, expiration date, and security code, as well as your billing address, for payment purposes, if not previously provided.
B. When posting a help request
If you are a posting a help request, we collect and store all of the additional information that you provide to us on your post or that is otherwise included in an auto-generated help request post. This may include, among other information:
• the type of care you are looking for, your schedule, location, family members, or pets (if applicable), narrative help request description, requirements for a Care Provider (such as ability to accept a certain insurance)
• pictures you choose to provide
• health information, if you choose to provide it
• any other information you choose to include in your help request post
C. When posting a profile
If you are a Healthcare Professional, we collect and store all of the additional information that you provide to us in your profile. This may include, among other information:
• details on the care you offer, including for example the type of care you provide, your company name, your location, your job title
• related services you provide
• pictures you choose to post
• your phone numbers
• any other information you choose to include in your profile
D. By telephone
Both Site Visitors and Registered Users may provide information to American Home Help when they utilize certain Services American Home Help may offer by telephone. For example, if you call American Home Help to discuss care options over the phone, we will collect and store all of the information you chose to provide to us, including but not limited to insurance information, information about the care you or your loved one needs, health information about you or the loved one you seek care for, your contact information, etc. If you provide information about someone other than yourself, you represent that you have authority to do so.
E. Otherwise through the Site or by telephone, email, fax, postal mail or chat
Certain Registered Users may provide additional information on the Site through other Site features and offerings such as our online communication platforms, groups and payment platforms. In some cases, Site Visitors may have the ability to provide us information through the Site, such as contact information. In addition, both Registered Users and Site Visitors may choose to provide information by phone, email, fax, postal mail, or chat. We collect and store all of the information you provide us through these channels. Moreover, if you provide information about someone other than yourself through any of these channels, you represent that you have authority to do so.
1.2. Information provided by others
A. By Site Visitors, Registered Users and others
American Home Help also captures and collects information that Site Visitors, Registered Users and others provide about one another. For example, Healthcare Professionals may invite Site Visitors, Registered Users or others to view their company profile and indicate their relationship to the Care Provider on the Site. Additionally, certain Registered Users may post comments about individual Healthcare Professionals. American Home Help may also obtain and post audio recordings of Healthcare Professionals references, which may also be accessed from the Site. In addition, certain Registered Users may communicate directly with one another through American Home Help platforms. Site Visitors, Registered Users and others also may provide us information about Registered Users by phone, email, fax, or postal mail. American Home Help captures and stores all information it receives from Site Visitors, Registered Users and others about other Registered Users and Site Visitors.
B. By service providers you use in connection with our Services
If you engage a service provider through American Home Help, such as a home care agency or a payments processor, that service provider may provide us with information about you or your loved ones, such as information relating to your transactions with the service provider.
C. By other sources
In addition, we may obtain information about you from other sources (e.g., partners, researchers, marketers, etc.), such as demographic data, and other information to enable us to comply with regulatory requirements, ensure the accuracy of data, better understand your likely interests, prevent fraud, etc. We may combine information that we collect from you with information about you from such other sources and use it in accordance with this Privacy Policy.
1.3. Information you expressly authorize us to collect
We may from time to time request permission to collect certain information from or about you. For example, if you use a American Home Help mobile application, we may request permission to access and store your location (e.g., your precise GPS-based functionality on the mobile devices used to access the Site and Services). If you grant your permission, we will access and/or store such information unless you subsequently opt out by adjusting the settings in your mobile device. See your device manufacturer’s instructions for further details.
1.4. Automatically collected information
We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Site and Services as described in this section below.
A. Log files, IP addresses and information about your computer and mobile device
When you visit the Site, American Home Help receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the internet), your computer operating system, the type of web browser you are using, and browser language. If you are using a mobile device, American Home Help may also receive unique device identifiers and other information about your mobile or other device(s), and mobile operating system. We may correlate this information with other information we have about you. We may also automatically collect information related to the ways in which you interact with the Site and the Services, such as referring and exit pages, URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed (including ads viewed) and the order of such views, the amount of time spent on particular pages, the date and time you use the Services, error logs, and other similar information.
B. Cookies and other technologies
A cookie is a tiny data file that resides on your computer, mobile phone, or other device, and allows us to recognize you when you return to the Site using the same computer (or mobile device) and web browser. Like most websites, we and our service providers use cookies, and tracking pixels to track Site usage and trends, evaluate the effectiveness of our ads both on and off our Site, customize your experience on the Site and improve the quality of our Services. For example, using these technologies we can determine, among other things, which pages of our Site you visit and which ads you click on. Most browsers automatically accept cookies, but you can modify your browser settings to decline cookies. In some cases, however, doing so may impact your ability to use American Home Help. Tracking pixels do not identify individual users, and the analysis of data obtained by tracking pixels is performed on an aggregate basis.
C. Online analytics and advertising
When you visit our Site or open one of our emails, we may allow authorized third parties, such as ad servers, ad agencies, ad exchanges, ad technology vendors, and research firms, to place or recognize a unique cookie, pixel, and/or similar technologies on your browser in order to provide you relevant American Home Help advertisements as you surf the Internet. These advertisements may be targeted to you based on information these authorized third parties know or infer about you and include in the cookies placed on your browser, and/or on information about your Internet browsing activities gathered through your browser.
We also use Google Analytics to measure Site usage and improve our visitor experience. The relevant data is provided to us by Google in the aggregate (i.e., individual users are not identified) and allows us to better understand our Site audience. The Google Analytics features implemented by us allow us (i) to evaluate and generate reports on certain demographic, behavioral, and interest metrics of users collected by Google, and (ii) to create advertising remarketing audiences and campaigns based on such metrics, which may be segmented into aggregated groups. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings form at https://www.google.com/settings/ads.
Do Not Track Notice. Some browsers used to access the Internet may give you the option through “Do Not Track” settings associated with such browsers to request that a website operator not track your information across its website or other websites. We engage in such tracking in order to optimize and/or customize our Services, detect and respond to allegations of fraud, and to otherwise ensure the safety of our Registered Users and Site Visitors. While we do not currently honor such browser requests, we will not use your information in a manner that violates this Privacy Policy. In addition, you retain the ability to opt out of certain online analytics and advertising activities as discussed in this section above.
D. Social media features and widgets
Our Site includes social media features and widgets, such as the Facebook “Share” button. These features may collect your IP address, the URL of the page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.
2. Purposes For Which We Use Information
In general, the information we collect is used for our business purposes: (1) to improve our Services and enhance your experience with American Home Help, (2) to enable us to provide a safer community for all of our Registered Users, and (3) to help us communicate with you. For example, we may use your information to:
1. register and service your account;
2. include in profiles, help request postings and Healthcare Professional profiles;
3. contact you in response to questions and solicit feedback and input from you;
4. notify you about new features of the Services, special events, or products, services, and special offers, or other information that we believe will be of interest to you via email, SMS messages, or other media or networks;
5. administer sweepstakes and contests;
6. enable users seeking care options with each other and with Care Professionals to search based on the information the other has made available on the Site, and information others have provided about them;
7. connect Help Seekers with Healthcare Professionals that appear to meet their needs and preferences;
8. enable Registered Users to search for, find, interact, connect and share information with other Registered Users they may have an interest in interacting with;
9. verify information you provide us as well as the representations and warranties you make to us in the Terms of Use or on the Site;
10. perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of the Services;
11. generate and review reports and data about our user base and usage patterns, including to improve the content and features of the Services or develop new Services;
12. otherwise help protect the safety and integrity of the Site and American Home Help users; and
13. personalize promotional messages or content on the Site, via email or other ads on American Home Help or third party sites.
We may aggregate and/or de-identify information collected by the Site, the Services, or via other means so that the information is not intended to identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.
3. How We Share and Categories of Third Parties With Whom We Share Information
In addition to using the information collected by American Home Help for the purposes described above, we may also share your information with various third parties, as described below. Please review our sharing policy closely. By using our Site or our Services, you agree to allow us to share the information you provide to us in the ways described below. Your ability to make changes to what information is shared is described below in Section IV.
3.1. With All Site Visitors and Registered Users
If you are a user seeking help or a Healthcare Professional, in order to increase your chances of finding the care you need, we share with Registered Users the information that is included in your help request posting or profile, aside from your contact information, as well as the following registration information, which we may include in your help request posting or profile: your first name, first initial of your last name, city, state, profile picture, and if you are a Healthcare Professional. With certain exceptions, you choose how much detail you want to include in either your help request posting or your profile. We may also share on your profile or help request posting any company information you have posted on our Site. Any connections you have with other American Home Help members, including the nature of those connections. If you are a Care Provider and have elected to verify certain information with American Home Help, we may also disclose that information in your profile as a Registered User in addition to your response rate and any preferences you have indicated. If you post information in a American Home Help online group forum, that information may be viewed by any Registered User who accesses the forum. We may display personal testimonials of Registered Users and other endorsements on our Site or in other marketing materials. These testimonials or endorsements may include information such as the Registered User’s first name, first initial of last name, town and state. With a Registered User’s consent, we may include their full name.
3.2. With other Registered Users and corporate providers
In addition to the information that is provided to all Registered Users and Site Visitors, Care Provider reviews and references are made available to certain Registered Users. If you are a Care Provider, your phone number may be visible to certain Registered Users if you elect to share it in your profile. In addition, your approximate residential location (through Google map plotting) is made available to certain Registered Users and Site Visitors unless you elect to keep that information confidential.
If you are a user seeking help or a Healthcare Professional, you will appear in search result listings if you match the search criteria used by a Care Provider or user Seeking help, as applicable. Similarly, you may appear in emails sent to Care Providers or user seeking help in your area. Care Seekers may opt-out of being included in emails sent to Care Providers. If you are a Registered User, your American Home Help online status may be made available to other Registered Users. If you fill out a form to request information from a specific Care Provider Company, such as a specific Home Health or Nursing Home, the contact information you submit on a form for the care provider will be forwarded to that provider. Similarly, if you call a Care Provider company directly or click to a Care Provider’s company site from the American Home Help site, any information you provide over the phone or on the provider’s site will be provided by you directly to the care provider. If you provide information about someone other than yourself, you represent that you have authority to provide us the information and to authorize us to share the information in accordance with the terms of this Privacy Policy. Once provided to a Care Provider Company, the information is subject to the privacy policies of the corporate Care Provider. Notwithstanding the foregoing, a corporate Care Provider may share information about you and your dependents who are receiving their services, including contact information, utilization information, and medical and health-related information, with American Home Help. Such shared information would be subject to the terms of this Privacy Policy. If we terminate your registration for any reason, we reserve the right to send a notice of your termination to other Registered Users with whom we believe you have corresponded.
3.3. With vendors/service providers
We also share information with vendors with whom we have a contractual relationship and who perform services for American Home Help including, without limitation, vendors who provide email, demographic information, or geo-location information services, vendors who perform background checks or Preliminary Membership Screens, vendors who process or accept credit card payments, vendors who run classified advertising businesses, vendors who send SMS messages to Registered Users’ mobile phone numbers, vendors who provide services that enable us and other third parties to detect and prevent fraud, in each case to the extent applicable. In certain cases (such as for vendors who help facilitate our online communication services or provide fraud detection and prevention services), the information we share may include the contents of written and audio messages you send through our online communication platforms. We have implemented Google’s Invisible reCAPTCHA technology on our site. Use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
3.4. With listings in and through Google and other public search engines, social media sites (e.g. Facebook, Google+), and on other third party websites)
In an effort to further facilitate the ability of user seeking help or Healthcare Professionals to find help, selected information contained in help request postings and Care Provider profiles, which may include photo, first name, first initial of last name, city, state, and provider description, may also be shared with third party search engines, social media sites, and other third party websites or vendors who run classified advertising and other businesses, and thus may be listed in third party web site search results and on third party websites, which would make that information available to the public and allow them to link to your American Home Help posting. If you post information in an American Home Help online group forum, your content, including your name as the contributor/author, may be displayed in third party search engine results and available to the public.
3.5. As required by law or for reasons of safety
We may disclose your information when we believe in good faith that such disclosure is appropriate in order to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the health or physical safety of any person, violations of this Privacy Policy, the Terms of Use, and/or to protect the rights and property of American Home Help, our independent contractors, users, and the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.
3.6. With our affiliates
You acknowledge and agree that we may disclose any of the information we’ve collected about you to any of our affiliates or subsidiaries for the purposes of providing you with the Services, operating the Site, soliciting you for potential care opportunities with those affiliates or subsidiaries, and our other commercial purposes, including those of our affiliates and subsidiaries.
3.7. With Your Consent
We also may share your information with a third party if you consent to the sharing.
3.8. Business Transactions
In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to process your information as set forth in this Privacy Policy.
4. Your Choices Regarding the Sharing of your Personal Information
Registered Users have control over what optional information they choose to share with us when utilizing our Services (such as pictures, certain details in a help request description or profile, etc.).
5. Your Communication Choices
By becoming a Registered User, you are consenting to receive certain email communications from us, such as special offers, tips and advice, notifications of new progress on your help request or Care Providers in your area, customer surveys and administrative notices. You also have the option to opt out of receiving certain other emails from American Home Help, such as notification emails, by adjusting your notification settings.
On every email sent from American Home Help you will find an unsubscribe link on the email to stop getting emails from American Home Help.
6. Changing or Removing your Personal Information and Closing your Account
You can update certain of your information by logging into your account and accessing your profile settings. If you would like to remove some of the information you have posted on the Site, such as information you posted in profiles and help request postings, you may do so by editing or deleting that item. If you no longer wish to participate in our Services, you may close your account directly through your account settings. If you close your American Home Help account, we will remove your name and other contact and identifiable information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain information related to you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, de-identified information, account recovery, auditing our records, enforcing our rights and obligations under our agreements, or if required by law. American Home Help may also retain and use your information if necessary to provide the Services to other Registered Users. For example, just as an email you may send to another person through an email service provider resides in that person’s inbox even after you delete it from your sent files or close your account, emails you send through American Home Help to other Users, as well as your contributions to American Home Help community, may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that others have copied, may also remain visible. American Home Help disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information, or any obligation not to delete the information. American Home Help does not control when search engines update their search index or cache, which may contain certain help request posts, profiles or other information that have since been removed from American Home Help’s Site.
7. Collection of Information from Children
American Home Help Site and Services are not intended for individuals under the age of 16. Moreover, if we become aware that we receive personal information from children under the age of 16, we will take reasonable steps to delete it as soon as practicable.
8. How We Protect Information
We have implemented a variety of administrative, technical, and physical security measures to protect against the unauthorized access, destruction, or alteration of your information. These safeguards vary based on the sensitivity of information that we collect, process, and store and the current state of technology.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot guarantee that information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.
9. Links to Other Websites
The Site and Services may contain links to third-party websites and services. However, we are not responsible for the privacy practices employed by those web sites or services, nor are we responsible for the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and Services; thus when you use a link to go from the Site or Services to a third-party web site or service, this policy is no longer in effect and the privacy policy of such third-party site or service will govern.
10. Changes to Our Privacy Policy
American Home Help reserves the right to change this Privacy Policy and our Terms of Use at any time. We will notify you about material adverse changes to this Privacy Policy or in our practices as required by applicable law. Material adverse changes will go into effect 30 days after we notify. Non-material changes or clarifications will take effect immediately upon posting of the updated policy on our Site. You should periodically check this page for updates. Your use of the Site or the Services after such effective date will constitute acceptance by you of such changes.
11. Privacy Information for California Residents
Throughout this Privacy Policy, we discuss the specific pieces of personal information we collect from and about users of our Site and Services. In accordance with the CCPA, as amended by the California Privacy Rights Act of 2020, we are providing you with additional information about the personal information we collect from California residents, how we disclose that personal information, and your privacy rights.
California Privacy Rights
California residents have certain privacy rights related to the personal information we collect and maintain about them. Any California resident may exercise these privacy rights directly with us or through an authorized agent, who will use the same processes to submit privacy rights requests to us. You may exercise some privacy rights through your account, for example, updating your contact or profile details. We never discriminate against users who choose to exercise their privacy rights.
Before responding to your privacy rights request, we may need to verify your identity. We typically verify your identity by (i) asking you to log in to your account with us, or (ii) matching two or more data points (for example, full name and email address) provided by you with data points maintained by us. If we are unable to verify your identity, we may request additional information from you.
We respond to privacy requests as soon as possible and generally within 45 days. We will let you know if our response will take more than 45 days. We may comply with the request in whole or in part or deny the request in whole or in part. If we deny your request, we will let you know why, unless we are legally prohibited from doing so.
Right to Know – You have the right to know about your personal information we collect and use. You also have the right to obtain a copy of your personal information. Specifically, you may ask us for the following:
• The categories of personal information we have collected about you;
• The categories of sources from which the personal information was collected;
• Our business or commercial purposes for collecting, selling, or sharing your personal information;
• The categories of personal information we have sold(we currently do not sell any personal information) or shared about you and the categories of third parties to which each category of personal information was sold or shared;
• The categories of personal information we disclosed about you for a business purpose and the categories of persons to which it was disclosed; and/or
• The specific pieces of your personal information we have collected.
Right to Correct – You may ask us to correct your personal information if you believe your personal information is inaccurate or incomplete.
Right to Delete – You may ask us to delete your personal information.
Right to Opt Out – If we started to sell personal information you would have the right to opt out of your personal information being sold.
If you choose to use an opt-out browser signal, such as the Global Privacy Control, you will be opted out of our sale and sharing of personal information to the extent practicable.
12. Privacy Information for Virginia Residents
Throughout this Privacy Policy, we discuss the specific pieces of personal information we collect from and about users of our Site and Services and how we use and disclose that personal information. In accordance with the Virginia Consumer Data Protection Act (VCDPA), we are providing you with additional information about your privacy rights.
Virginia Privacy Rights
Virginia residents have certain privacy rights related to the personal information we collect and maintain about them. You may exercise some privacy rights through your account, for example, updating your contact or profile details.
Before responding to your privacy rights request, we may need to verify your identity. We typically verify your identity by (i) asking you to log in to your account with us, or (ii) matching two or more data points (for example, full name and email address) provided by you with data points maintained by us. If we are unable to verify your identity, we may request additional information from you.
We respond to privacy requests as soon as possible and generally within 45 days. We will let you know if our response will take more than 45 days. We may comply with the request in whole or in part or deny the request in whole or in part. If we deny your request, we will let you know why, unless we are legally prohibited from doing so. If you disagree with our response, you have the right to appeal our decision. Information about exercising your right to appeal will be provided in our response to your privacy rights request.
Right to Access – You have the right to request access to and obtain a copy of any personal data that we have related to you.
Right to Correct – You may ask us to correct your personal information if you believe your personal information is inaccurate or incomplete.
Right to Delete – You may ask us to delete your personal information.
Right to Opt Out – If we started to sell personal information you would have the right to opt out of your personal information being sold.
13. Privacy Information for Nevada Residents
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. If you are a Nevada resident and you have purchased services or products from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us via e-mail at [email protected]. Please note we may take reasonable steps to verify your identity and the authenticity of the request.
14. Contact Us
If you have any questions on our Privacy Policy and practices, you can contact us via email at [email protected] or at:
Care Navigators LLC
Attn: Legal Department
PO Box 1118 Mansfield Tx 76063