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BAYADA Terms and Conditions

Last Updated: April 22, 2024

Terms and Conditions

THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN LEGAL OBLIGATIONS, SO PLEASE READ THEM CAREFULLY BEFORE ACCESSING BAYADA’S WEBSITE(S) AND/OR MOBILE APPLICATION(S) (collectively referred to as the “Site”). These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.

By accessing, using and/or creating an account on this Site, you are accepting these Terms including the Mutual Arbitration Agreement, Class Action and Jury Trial Waiver (link below in Section 14).

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Please read all Terms carefully before accessing the Site.

1. Acknowledgement. These Terms represent a legally binding agreement between you (“user,” “you” or “your”) and BAYADA Home Health Care, Inc., its parent, subsidiaries, affiliates and organizations it contractually manages (“we,” “us,” “our,” or “BAYADA”). The purpose of these Terms is to set out the rights and obligations of all users with respect to use of the Site and related BAYADA services (the “Services”).

By accessing, using and/or creating an account on this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the MUTUAL ARBITRATION AGREEMENT, CLASS ACTION AND JURY TRIAL WAIVER (“ARBITRATION AGREEMENT AND WAIVERS”), WHICH REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BAYADA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. PLEASE CAREFULLY READ SECTION 14 BELOW AND THE ARBITRATION AGREEMENT AND WAIVERS. If you do NOT agree with these Terms and/or the Arbitration Agreement and Waivers, you must NOT accept this agreement and may NOT access or use the Site.

You may only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. Your access to or use of the Site is also conditioned on your acceptance of and compliance with our Privacy Policy. Please carefully read our Privacy Policy and Section 10, Collection and Use of Your Information, before using this Site.

2. No Employment Agreement. You acknowledge and agree that your acceptance of these Terms and access, use, and/or creation of an account on this Site does NOT create an employment relationship between you and BAYADA.

3. Consent to Terms. BY CREATING AN ACCOUNT ON THE SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE: (a) READ THE TERMS, INCLUDING SECTION 16, MUTUAL ARBITRATION AGREEMENT, CLASS ACTION AND JURY TRIAL WAIVER, COMPLETELY AND AGREE TO BE LEGALLY BOUND BY THE TERMS; (b) YOU ARE CAPABLE OF, AND HAVE THE LEGAL AUTHORITY TO, ENTER INTO A LEGALLY BINDING AGREEMENT; AND (c) YOU ARE AT LEAST THE MINIMUM AGE FOR EMPLOYMENT IN YOUR STATE OF RESIDENCE.

4. User Account. You must set up a user account to use the Site. All information submitted by you to create your account will be maintained in accordance with our Privacy Policy. When you create an account, you must provide us with information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in termination of your account.

You agree not to disclose your password to any third party and agree that you are solely responsible for safeguarding the password that you create and use to access the Site and for any activities or actions associated with your user name and password. You must notify us immediately upon becoming aware of any unauthorized use of your account or breach of security.

5. License and Use of the Mobile Application. BAYADA grants you the right to download, install and use the mobile application on your device only for your personal access to the Site in accordance with these Terms. You do not and will not own the mobile application or any information that is provided to you through it or by BAYADA, but you may use the application in accordance with these Terms for the purposes reasonably intended by the parties. BAYADA cannot guarantee that the mobile application will work with every device or operating system, be suitable for your needs, or that it will work as anticipated. The mobile application will store certain personal information on your device when you create your user profile. You should ensure that your device is appropriately protected so that your stored details cannot be used or accessed by third parties. 

6. Intellectual Property. The Site, including data, text, graphics, images, audio, video clips, features, functionality, logos, icons, software and any other intellectual property relating thereto, including all rights under patent, copyright, trade secret, trademark, and all other proprietary rights, are and will remain the property BAYADA, its affiliates, vendors and our/their respective licensors and service providers, and is protected from unauthorized use by federal copyright and trademark law. You may not use, reproduce or display any of the BAYADA trademarks without BAYADA’S prior written consent.

The Site and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by BAYADA, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any commercial or public purpose without BAYADA's prior written consent. You may, however, view information available on the Site for your informational purposes. You may download from the Site materials, except for software or source code, but only for your personal or internal business purposes only. You may download software or source code from the Site, but only such software or source code purposely made available to you by BAYADA for downloading from the Site, subject to any applicable terms of use. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Site.

If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send BAYADA a notice at the address in Section 23 requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send BAYADA a counter-notice. Learn more at the U.S. Copyright Office site.

7. Third-Party Content. Our Site may contain links to third-party web sites, platforms, applications or services that are not owned or controlled by BAYADA (“Linked Sites”). BAYADA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that BAYADA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party web sites or services including any app store or other digital storefront used to access the Site. BAYADA is not responsible for and does not endorse the content of any Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

By using the Site, you release and hold BAYADA harmless from any and all liability arising from your use of any third-party website or service and you agree that BAYADA is under no obligation to become involved in the event that you have a dispute with any third party. You hereby release BAYADA, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or your use of the Site.

8. Prohibited Uses. In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Site, third-party products and services, or the Internet. We reserve the right to terminate your use of the Site for engaging in any of these Prohibited Uses.

9. Your Content. By using the Site and providing your information on the Site, you are granting BAYADA a non-exclusive license to access, store, process, and use any information you provide (a) without any additional consent, (b) without receiving any monetary compensation, and (c) in accordance with our Privacy Policy and your account preferences. You can terminate this license at any time by closing your account and deleting the mobile application for your device.

10. Privacy; Collection and Use of Your Information; Your Feedback to Us. Please refer to our Privacy Policy to learn how BAYADA collects, uses, shares and protects your personal information. All information we collect through or in connection with this Site is subject to our Privacy Policy, the terms of which are incorporated herein by this reference. You acknowledge that when you download, install, or use the Site, BAYADA may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Site. You are also required to provide certain information about yourself as a condition to downloading, installing, or using the Site, and the Site may provide you with opportunities to share information about yourself with others.

By downloading, installing, using, and providing information to or through this Site, you consent to all actions taken by us with respect to your information as described in the Privacy Policy. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about BAYADA or the Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in BAYADA’s sole discretion. You understand that BAYADA may treat Feedback as nonconfidential.

11. Messaging and Electronic Communications. As part of the Services, you may receive communications, including messages sent via email or SMS. By using the Site and providing us with your wireless number, you confirm that you want BAYADA to send you information that we believe may be of interest to you. BAYADA may use automated dialing technology to text you at the wireless number you provided, and you agree to receive such communications from BAYADA. In addition, you agree to indemnify and hold BAYADA harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

If you wish to stop receiving SMS messages from BAYADA at any time, you can cancel SMS service by replying “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you are experiencing issues with the messaging program, you can reply with the word “HELP” for more assistance or call 888-422-9232 Please note that your carriers are not liable for delayed or undelivered messages. In addition, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text or data plan, please contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.

When you use the Site to send e-mails, messages, and other communications from your desktop or mobile device to BAYADA, you are communicating with BAYADA electronically and consent to receive communications from BAYADA electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that BAYADA provides to you electronically satisfy any legal requirement that such notices and other communications be in writing. BAYADA may contact you by telephone, mail, text, or email to verify your information. You understand that information contained in these communications may not be protected by encryption technology, and there is a risk that they may be read by a third party. You agree to keep your contact information updated to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and BAYADA.

BAYADA may request further information from you, and you agree to provide such further information, to ensure that you have not fraudulently created your User ID. If you do not provide this information in the manner requested within fourteen (14) days of the request, BAYADA reserves the right to suspend, discontinue, or deny your access to and use of the Site until you provide the information as requested.

12. Termination. The term of Agreement commences when you access the Site and will continue in effect until terminated by you or BAYADA as described in Section 9. BAYADA may terminate your account and/or access to the Site at any time without prior notice or liability for any reason whatsoever, including without limitation, if you breach these Terms. Upon termination, you will lose the right to access the Site and use our Services. You may terminate access to the Site at any time by closing your account and deleting the mobile application from your device as described in Section 9. The provisions of Sections 13, 14, 15, 16 and 18 of these Terms and our rights to use and disclose any feedback you have provided shall survive termination.

13. Indemnification. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless BAYADA and our officers, directors, agents, partners, and employees (individually and collectively, the “BAYADA Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your violation of the Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with your use of the Site.

14. “As Is” and “As Available” Disclaimer. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, BAYADA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE BAYADA ATTEMPTS TO MAKE YOUR USE OF THE SITE AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAYADA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (a) THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES OR ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (b) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE ELECTRONIC OR TELECOMMUNICATION SERVICES; OR (c) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON STATUTORY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BAYADA WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST INCOME, EVEN IF BAYADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE LIMITATIONS SET FORTH IN

YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

16. Mutual Arbitration Agreement, Class Action and Jury Trial Waiver. PLEASE CAREFULLY READ THE ARBITRATION AGREEMENT AND WAIVERS BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BAYADA AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED. IN ADDITION, YOU ARE PRECLUDED FROM SUING IN COURT OR HAVING A JURY TRIAL. PLEASE CAREFULLY READ THE ARBITRATION AGREEMENT AND WAIVERS.

17. Export Regulation. The Site may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Site to, or make the Site accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Site available outside the US.

18. Governing Law. Except as otherwise provided in the Arbitration Agreement and Waivers, these Terms will be governed by the laws of the state of Delaware, without giving effect to conflicts-of-law principles. This means BAYADA intends for the laws of Delaware to be used when governing these Terms and not another state’s laws, such as the state you live or work in, when a conflict between state law occurs. For any claims not subject to the Mutual Arbitration Agreement and Class Action Waiver (see Section 16 hereof), you agree to submit to the personal jurisdiction of the state and federal courts located in the state of Delaware. This means you agree the courts of Delaware have the power to make a decision regarding any non-arbitrable claims.

19. No Waiver of Rights. The failure of BAYADA to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

20. Severability. If any provision of these Terms is found to be invalid or unenforceable, that specific provision shall be enforced to the maximum extent allowed, with the remainder of the Terms continuing in full force and effect.

21. Entire Agreement. These Terms, the Mutual Arbitration Agreement and Class Action Waiver and our Privacy Policy constitute the entire agreement between you and BAYADA with respect to the Site and supersede all understandings and agreements made before or at the same time as these Terms, whether written or oral, with respect to the Site.

22. Updates to these Terms and Conditions. We are constantly trying to improve the Site and these Terms may need to be modified as we do so. Therefore, except for the Arbitration Agreement and Waivers, BAYADA may change modify or otherwise alter these Terms from time to time in its sole discretion and any changes will go into effect immediately. The only changes BAYADA will notify you of are those deemed by BAYADA as fundamental to the Site’s operation. It is your responsibility to review the Terms whenever accessing this Site, because each time you access this Site, you are acknowledging and accepting the then existing Terms. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date at the top of these Terms and Conditions.

23. Forward Looking Statements. All materials reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. BAYADA has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site.

24. Contact Us. For questions about these Terms, please contact us via email at joysupport@bayada.com; you may also write to us at JOY Questions BAYADA, c/o LS Office, 4300 Haddonfield Road, 3rd Floor West Building, Pennsauken, NJ 08109, or call phone support at 888-422-9232.