Terms of Service

DrKnows.com Terms of Service

Last Updated: April 1, 2015


These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the DrKnows.com Site (Website) and/or the DrKnows.com Services (as described below). Certain DrKnows.com Services are subject to additional policies, rules and terms and conditions, which are set forth in printed and/or online Services materials relating to those Services ("Additional Terms").

  • Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site and/or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").
  • These Terms include the DrKnows.com Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
  • These Terms, including the Privacy Policy, are subject to change by DrKnows.com at any time. DrKnows.com will notify you of significant changes in these Terms by sending a notice to the email address registered in your account or by placing a prominent notice on the DrKnows.com Site so that you can choose whether to continue using the Services of DrKnows.com. Significant changes will go into effect no less than 30 days after we notify the Registered User. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on the DrKnows.com Site. Users should periodically check www.DrKnows.com/terms for updates. DrKnows.com may issue changes to Additional Terms at any time, and these changes take effect immediately upon publishing. Any use of the Site or the Services by user after the effective date of any changes will constitute acceptance of such changes.
  • This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require user to submit claims user has against DrKnows.com to binding and final arbitration, unless user opts out of the Agreement to Arbitrate (see Section 13 "Agreement to Arbitrate") by the later of April 1, 2015 or 30 days after the date user accepts these Terms for the first time. Unless user opts out: (1) user will only be permitted to pursue claims against DrKnows.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) user will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
  • For purposes of these Terms, the "Site" shall mean www.DrKnows.com and any other Salubriti.com and/or DrKnows.com branded websites, web pages, mobile applications and mobile websites operated by Salubriti.com, L.L.C. ("DrKnows.com" or "we") in the United States, and the "Services" shall mean any of the various services that DrKnows.com provides through the Site or any other channels, including over the telephone. The terms "Site" and "Services" also include DrKnows.com mobile application and the services offered through that application. In addition, these Terms do not apply to third party entities that may use the DrKnows.com Site or Services. Such entities' use of the DrKnows.com Site and Services are subject to separate terms that they agreed when they registered with DrKnows.com.
  1. Description of Services; Limitations; User Responsibilities
  2. Eligibility to Use The Site and Services; Representations and Warranties
  3. Rules For User Conduct and Use of Services
  4. Background and Verification Checks
  5. Termination of Registration
  6. Privacy
  7. Links to External Sites
  8. Payment and Refund Policy
  9. Release of Liability for Conduct and Disputes
  10. Age Restrictions
  11. Disclaimers; Limitations; Waivers; and Indemnification
  12. Copyright Notices/Complaints
  13. Agreement to Arbitrate
  14. Governing Law and Venue
  15. Miscellaneous
  16. Contact Information

Description of Services; Limitations; User Responsibilities

1.1 About Our Services

DrKnows.com offers various Services to help its users find, coordinate, and maintain quality care. The Services we offer include, among others:

  • We assist individuals and families seeking care services (such as care for children and adults with medical illness or other needs) and businesses which serve as care providers (in-home care agencies, day programs, residential care communities, board and care facilities) seeking individual care providers for hire (“Care Seekers”) to post jobs on the Site. We enable individuals and business entities who provide care services ("Care Providers") to post profiles on the Site and apply for jobs.
  • We provide search functionality on the Site to allow Care Seekers and individual Care Providers to narrow the pool of Care Seekers or Care Providers they are interested in considering and interviewing based on their needs and preferences, and we provide a communication network that allows Care Seekers and Care Providers to communicate without sharing contact information.
  • We provide tools and information to help Care Seekers and Care Providers make more informed decisions, such as (i) our safety center, which includes a safety guide and safety resources, (ii) verification dashboards on Care Provider profiles, which enable Care Seekers to check the status of a Care Provider's various verifications, and (iii) a process for Care Seekers to obtain background check reports on individual Care Providers who consent to the running and sharing of those reports.
  • We provide a directory of business entity Care Providers such as in-home care agencies, adult day programs, assisted living communities, memory care facilities, board and care facilities, and other care providers from which users can request information or which users can contact through DrKnows.
  • For certain Care Seekers who would like additional assistance in narrowing down the list of Care Providers from which to choose, we offer Care Advisors at 1 (844) 375-6697.
  • For Care Seekers who would like assistance in helping their loved ones remain in their homes, we offer assistance finding independent care providers or in-home care agencies to help accommodate these goals. Through this Service, we help Care Seekers arrange for personal home care assistance, transportation and other care-related services from third parties with which DrKnows contracts and which provide those services (such third parties, along with the individuals who work for them, also "Care Providers"). Please visit our Site for more information on this Service.
  • We offer a mobile application of DrKnows that allows users and their Care Providers to stay connected by sharing updates, photos, videos and other information. Users may also invite family and friends to participate.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of our Services

DrKnows.com offers a variety of Services to help users find, coordinate, and maintain quality care, whether in the home or in a residential community. However, DrKnows.com does not employ Care Providers. Except as set forth below, Care Seekers are the potential employers of Care Providers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws). The only exceptions are when an individual Care Provider is being provided through a third party service provider with which DrKnows.com maintains a contract, such as a home care agency that provides personal care services or care providers working as employees of a residential care facility. In those limited circumstances, unless otherwise provided in the Additional Terms related to those Services, the third party service provider is the employer of the Care Provider.

Further, DrKnows.com does not have control over the quality, timing, or legality of the services actually delivered by Care Providers, nor of the integrity, responsibility or actions of Care Seekers or Care Providers. We do not refer or recommend either Care Seekers or Care Providers, nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private, or offline interactions.

DrKnows.com may provide individuals and/or families seeking care with a customized list of potential individuals, companies and/or agencies to consider based on the information the Care Seeker provides DrKnows regarding specified care needs and preferences. In providing these services, neither DrKnows, DrKnows.com, Salubriti.com, L.L.C., nor our respective employees are making a referral to, or endorsing, any individual, company or agency nor are DrKnows, DrKnows.com, Salubriti.com, L.L.C., nor our respective employees providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license. DrKnows.com, DrKnows, and Salubriti.com make no promises, guarantees, or warranties as to the minimum number or maximum number of searches, views, or results that will be provided for Care Seekers seeking care or for Care Providers seeking clients or employees.

Through DrKnows, DrKnows.com, and Salubriti.com, L.L.C., the contracted third party business entities that provide care services may select the individual Care Providers from their agency to provide the appropriate care services. DrKnows, DrKnows.com, and Salubriti.com, L.L.C., contract with only reputable home care agencies and residential facilities that have entered into an agreement with DrKnows, DrKnows.com, or Salubriti.com, L.L.C. However, each such agency operates independently of DrKnows.com and is not under the control of DrKnows, DrKnows.com, or Salubriti.com, L.L.C. Accordingly, neither DrKnows, nor DrKnows.com, nor Salubriti.com, L.L.C. assumes responsibility for the conduct of, or quality of the services provided by, such agencies or residential facilities or the individual Care Providers they employ or otherwise engage to provide care services. Any issues concerning the foregoing must be resolved directly with the agency, residential facility, and/or the individual Care Provider the agency/residential facility selected to provide services.

Care Seeker and Care Provider content is primarily user generated, and DrKnows.com does not control or vet user generated content for accuracy as a general matter. DrKnows.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off this Site. DrKnows.com may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If DrKnows.com indicates that a Registered User has verified certain information, it means that the user has complied with the process that has been established for verifying this information. However, DrKnows.com does not guarantee, nor represents or warrants as to, the accuracy of such information.

DrKnows.com is not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider or other user of the Site or Services. Moreover, DrKnows.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Care Seekers and Care Providers, hereby expressly agree not to hold DrKnows.com, DrKnows, or Salubriti.com (or the officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers of DrKnows.com, DrKnows, or Salubriti.com) liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, DrKnows.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.3. User Responsibilities

Any screening of a Care Seeker or Care Provider and his, her or its information by DrKnows.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or care provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.

Please visit our Safety Center for recommendations on how to make more informed hiring and employment decisions. Each Care Seeker is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Care Provider they select as well as that Care Provider's eligibility to work in the US. If you are a Parent Registered User (as defined in Section 3.3 below), you also agree to assume the responsibilities set forth in Section 3.3 (Teen Providers, Parent Registered Users, and Parent Monitored Accounts).

Eligibility to Use the Site and Services; Representations and Warranties

2.1. Eligibility

To be eligible to use the Services of DrKnows, you must meet the following criteria:

  • DrKnows Services are available only to individuals who are eighteen (18) years of age or older. If User does not meet the above age requirements, do not register to use the Site or Services.
  • The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico. If User resides outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where DrKnows.com subsidiaries or affiliates offer similar services.
  • If User is registering to be a Care Provider, User must be permitted to legally work within the United States.
  • Neither User nor any member of User’s household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
  • User must not be a competitor of Salubriti.com, DrKnows, DrKnows.com, or any of our subsidiaries or affiliates, and user must not be using our Site or Services for reasons that are in competition with Salubriti.com, DrKnows, DrKnows.com or any of our subsidiaries and/or affiliates.
  • If User is an individual Care Seeker then User must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
  • If User provides child care services in the State of Kansas, User must not be a licensed day care provider or provide services outside the child's home.
2.2. Representations and Warranties

By requesting to use, registering to use and/or using the Site or the Services, User represents and warrants that User has the right, authority and capacity to enter into these Terms and User commits to abide by all of the terms and conditions hereof.

In addition, User represents and warrants that User and each member of User’s household (i) has/have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

Rules for User Conduct and Use of Services

3.1. Registration, Posting, and Content Restrictions

The following rules pertain to "Content", defined as any communications, images, sounds, writings, videos, and all the material, data, and information that User uploads or transmits through the Services of DrKnows.com, or that other Users upload or transmit, including without limitation any content, messages, photos, audios, videos, writings, reviews or profiles that User publishes or displays (hereinafter, "post"). By transmitting and submitting any Content while using our Service, User agrees, represents and warrants as follows:

  • User is responsible for providing accurate, current and complete information in connection with User’s registration and account for use of the Site and the Services.
  • User will register User’s account in User’s own legal name, even if User is seeking care for another individual or family member.
  • All Content User posts will be in English as the Site and Services are not currently supported in any other languages.
  • User is solely responsible for any Content that User posts on the Site, or transmits to other Users of the Site. User will not post on the Site or transmit to other Users any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any materials that infringe or violate another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from DrKnows.com where this is not the case. User will not provide inaccurate, misleading, defamatory or false information to DrKnows, DrKnows.com, Salubriti.com, DrKnows Care Advisors or employees or to any other User of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, User represents and warrants to DrKnows.com that User has the right and authority to post all information User posts about self or others, including without limitation that User has authorization to post such Content from a parent or guardian of any minor who is the subject of any Content User posts.
  • User understands and agrees that DrKnows.com may, at its sole discretion, review and/or delete any Content, in each case in whole or in part, that in the sole judgment of DrKnows.com violates these Terms or which DrKnows.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site or others.
  • User has the right, and hereby grants, to Salubriti.com, DrKnows, and DrKnows.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute User’s Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. User further represents and warrants that public posting and use of User’s Content on the DrKnows.com website or by DrKnows.com will not infringe upon or violate the rights of any third party.
  • User’s use of the Service, including but not limited to the Content User posts on the Service, must be in accordance with any and all applicable laws and regulations. DrKnows.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by DrKnows.com, are those of their respective authors. Such authors are solely responsible for such content. DrKnows.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Salubriti.com, DrKnows, DrKnows.com or its Affiliates be responsible for any loss or damage resulting from: a) User’s reliance on information or other content posted on the Site or transmitted to or by any User of the Site or Service; or b) reviews or comments made about User on the Site by other Users.

User agrees that DrKnows.com has no obligation to remove any reviews or other information posted on the Site about User or any other person or entity. If User disagrees with a review, User may post one rebuttal to the review, provided User’s rebuttal complies with these Terms. User may not terminate User’s registration and re-register in order to prevent a review from being associated with User’s account and profile. The author of a review can always remove or request removal of a review they have written.

To the maximum extent permitted by law, DrKnows.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of the site. Users do hereby represent, understand and agree to hold DrKnows.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

3.2. Exclusive Use

If User is a Care Seeker, User may use User’s account only to find care for oneself, User’s parents, User’s children, User’s grandchildren or individuals for whom User is otherwise the legal guardian or legally assigned representative. If User is a Care Provider, User may use User’s account only to find care jobs for oneself. User is responsible for all activity on and use of User’s account, and User may not assign or otherwise transfer User’s account to any other person or entity.

3.3. Prohibited Uses

By using the Site or Services of DrKnows.com, User agrees that User will not under any circumstances:

  • use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Site or Services for any unlawful purpose, for any purpose not expressly intended by DrKnows.com or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another User's DrKnows.com account;
  • provide false or inaccurate information when registering an account on DrKnows.com, using the Services or communicating with other Registered Users;
  • attempt to re-register with DrKnows.com if DrKnows.com, DrKnows, and/or Salubriti.com or any of our affiliates or subsidiaries have terminated User’s account for any or no reason or terminate User’s registration and re-register in order to prevent a review from being associated with User’s account;
  • interfere or attempt to interfere with the proper functioning of the Services of DrKnows.com;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures DrKnows.com utilizes to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • use the communication systems provided by or contacts made on DrKnows.com for any commercial solicitation purposes;
  • publish or link to malicious content intended to damage or disrupt another User's browser or computer.

In order to protect our Users from prohibited activity, DrKnows.com reserves the right to take appropriate actions, including, but not limited to, restricting the number of phone numbers a Care Seeker may view or the number of emails a user may send in any 24-hour period to a number which DrKnows.com deems appropriate in the sole discretion of DrKnows.com.

Should DrKnows.com find that you violated the terms of this Section or any terms stated herein, DrKnows.com reserves the right, at its sole discretion, to immediately terminate User’s use of the Site and Services. By using the Site and/or Services, User agrees that DrKnows.com may assess, and User will be obligated to pay, a $25,000 daily penalty for scraping, either in a manual or automatic manner, Care Provider or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights DrKnows.com may have under these Terms or applicable law.

Further, in order to protect the integrity of the Site and the Services, DrKnows.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

Background and Verification Checks

4.1 Care Providers Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members

Presently, DrKnows.com does not offer background checks directly through the DrKnows.com Site. DrKnows.com advises all Care Seekers considering employing each and every Care Provider to perform detailed local, state, and national criminal and financial background checks. To enhance the opportunity for employment, DrKnows.com also recommends that Care Providers initiate and provide detailed local, state, and federal criminal and financial background checks.

Each of these Background Check services are regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the FCRA. Consumer reports may contain information about a subject’s character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.

4.2. Special Responsibilities of Care Seekers under FCRA

Care Seekers may request and receive a copy of a Background Check on a Care Provider, subject to the Care Provider's explicit instructions about who may have access to such a report.

4.3 DrKnows.com May Order and Use Background Checks About Users

By using the Site or Services as a Care Seeker or Care Provider, User hereby acknowledges and agrees that DrKnows.com has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use User’s personal information to run periodic background checks on User for the legitimate business purpose of protecting the safety and integrity of the DrKnows.com Site and its Users ("Internal Background Checks"). DrKnows.com may order these checks when User registers with DrKnows.com and thereafter in connection with Users continued use of Services and/or interaction with the DrKnows.com Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).

These Internal Background Checks are also regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the FCRA. Consumer reports may contain information about subject’s character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.

User understands and agrees that DrKnows.com may review the information provided by the third party consumer reporting agency and that DrKnows.com retains the right to terminate User’s DrKnows.com registration based on the information it receives from these checks, even if such information was subsequently dismissed. If DrKnows.com terminates User’s membership or access to the Site on the basis of information in a background report, DrKnows.com will notify User and, as required by law, will provide User the name and contact information of the consumer reporting agency that created the report. User hereby represents, understands and expressly agrees that DrKnows.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these background checks. Furthermore, any inaccuracies in the report(s) must be addressed with the consumer reporting agency that issued the report(s) (and not DrKnows.com) within the time period specified in your notice.

BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW DRKNOWS.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF USER DOES NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, USER SHOULD NOT USE DRKNOWS.COM. NO FURTHER CONSENT FROM USER IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.

4.5. DrKnows.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

By registering as a Care Provider or Care Seeker, User authorizes DrKnows.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, DrKnows.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

You agree that DrKnows.com may take such action in response to Verification Checks as it deems appropriate at its sole discretion, including without limitation suspending and/or terminating User’s membership, should it determine that User has violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for DrKnows.com.

User also hereby represents, understands and expressly agrees that DrKnows.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. DrKnows.com does not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.

BY AGREEING TO THESE TERMS, USER AGREES TO ALLOW DRKNOWS.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF USER DOES NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, USER SHOULD NOT USE DRKNOWS.COM. NO FURTHER CONSENT FROM USER IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

4.6 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks

If User decides to use or access information included in a Background Check, User hereby represents, understands and expressly agrees that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.

If User decides to access, use, or share information provided by a Background Check, User agrees to do so in accordance with applicable law. User also agrees to indemnify and hold harmless Salubriti.com, DrKnows.com, DrKnows, and any affiliates or subsidiaries from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. DrKnows.com does not assume and expressly disclaims, and User hereby agrees to release DrKnows.com from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.

User expressly acknowledges that DrKnows.com has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent DrKnows.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Users have provided or of their eligibility to use the Services.

Termination of Registration

Should DrKnows.com determine that User is not eligible to use the Services, has violated any terms stated herein or in any of the Additional Terms, is not suitable for participation as a Registered User, or has mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored", competitive, or third party site, DrKnows.com reserves the right, at its sole discretion, to immediately terminate User’s access to all or part of the DrKnows.com Site, to remove User’s profile and/or any content posted by or about User from the Site, and/or to terminate User’s registration in DrKnows.com, with or without notice.

In any event, DrKnows.com also reserves the right, in its sole discretion, to terminate User’s access to all or part of the DrKnows.com Site, to remove User’s profile and/or any content posted by or about User from the Site, and/or to terminate User’s registration in DrKnows.com, for any reason or no reason, with or without notice. If DrKnows.com terminates your registration, DrKnows.com has no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual's or entity’s use of the Site or the Services, DrKnows.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual or entity has corresponded.

The decision of DrKnows.com to terminate an individual's or entity’s registration and/or to notify other Registered Users with whom DrKnows.com believes the individual or entity has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's or entity’s character, general reputation, personal characteristics, or mode of living.

Privacy

DrKnows.com will only use the information User provides on the Site or via other channels in accordance with our Privacy Policy. For more information, see the complete DrKnows.com Privacy Policy, the terms of which are incorporated herein.

Links To External Sites

Links from the Site to external sites (including external sites that are framed by DrKnows.com) or inclusion of advertisements do not constitute an endorsement by DrKnows.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.

Users access external sites at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. DrKnows.com does not control such sites, and DrKnows.com is not responsible for the content on these external sites. Even though DrKnows.com offers hyperlinks to such sites does not mean that DrKnows.com endorses any of the material on these external sites, or has any association with their operators.

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by the Terms of Use and Privacy Policy of DrKnows.com. DrKnows.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold DrKnows.com harmless from any liability that may result from the use of links that may appear on the Site.

Payment And Refund Policy

In order to utilize some DrKnows.com Services or product offerings, the User of such Services or product offerings must pay DrKnows.com either a recurring subscription or one-time fee. In addition, the User is responsible for any state or local sales taxes associated with the Services or product offerings purchased.

For Care Seekers, our Care Advisor service is offered as free of charge, provided that the Care Seeker cooperates with the policies of DrKnows, DrKnows.com, and Salubriti.com, including the process of self-reporting after selecting care and contracting for care. Partner Care Providers, Home Care Agencies, and Residential Care Facilities that advertise their services through DrKnows and on DrKnows.com compensate DrKnows for our services, and these Care Providers may pay an advertising fee or referral fee. In order to collect these fees, it is necessary for all Users to report when Care Seekers and Care Providers have entered into an agreement, and failure to fully cooperate with self-reporting will result in Care Seeker being responsible for 100 percent of the referral fees along with any attorney’s fees that DrKnows incurs in the process of collecting reimbursement.

8.1 Billing and Payment

If User signs up for a DrKnows.com paid membership subscription, User agree to pay DrKnows.com all subscription charges associated with the plan to which User has subscribed as described on the Site at the time User subscribes and provides User’s payment information. User also authorizes DrKnows.com to charge User’s chosen payment provider according to the terms of the plan to which User subscribes. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan User selects. DrKnows.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent User elects to purchase other Services or product offerings DrKnows.com may offer for a fee, User authorizes DrKnows.com to charge User’s chosen payment provider for the Services and/or products User purchases. User agrees that if DrKnows.com already has User’s credit card on file as a result of prior purchases User has made, DrKnows.com may charge that credit card for the additional Services/products you purchase. DrKnows.com is a subsidiary of Salubriti.com, and charges for DrKnows.com may appear on your credit card or bank statement as payments to Salubriti.com.

8.2 Automatic Subscription Renewal and Cancellation

DrKnows.com paid membership subscriptions will continue indefinitely until cancelled by the User. After User’s initial subscription commitment period, and again after any subsequent subscription period, User’s subscription will automatically renew for an additional equivalent period as the subscription term User originally selected and at the subscription rate and frequency disclosed to User on the Site when User originally subscribed, unless otherwise provided at the time User subscribed. If User signs up for a payment plan that allows User to be charged monthly over the subscription period and User decides to cancel User’s subscription during the subscription period, User acknowledges and agrees that User will continue to be billed for the subscription on a monthly basis until its originally scheduled expiration date.

User may cancel your paid membership subscription by adjusting your account settings. If User cancels User’s subscription, User typically will be permitted to use User’s subscription until the end of User’s then-current subscription term. User’s subscription will not be renewed after User’s then-current term expires, but User’s credit card will be charged, and User will be required to pay, any cancellation or other fees associated with User’s early termination and disclosed to User at the time User signed up for the subscription plan.

8.3 Refund Policy

Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations.  Notwithstanding the foregoing, if User has a paid membership subscription that is automatically renewed, DrKnows.com will refund the most recent charge to User’s credit card if (i) User cancels User’s subscription within thirty (30) days after the most recent charge, and (ii) User has not used User’s subscription during the current renewal period. The refund will apply to the most recent charge only. In addition, DrKnows.com reserves the right to immediately downgrade or cancel User’s membership after payment of User’s refund. DrKnows.com does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.

8.4 Free Trial Offers

DrKnows.com may offer limited-time free trial subscriptions to certain Users from time-to-time. Users who sign up for a DrKnows.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a User signs up for a free trial subscription, after the expiration of the free trial period, the User will be charged the price then in effect for a subscription to the Service, unless otherwise provided to the individual/entity when the original subscription was initiated. If a User does not want to continue with the Service after the expiration of the free trial period, the Care Seeker or Care Provider must cancel their subscription within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Care Seeker or Care Provider's credit card will be refunded for the amount of the most recent subscription charge so long as the User has not used the subscription after the expiration of the free trial period.

Release of Liability for Conduct and Disputes

DrKnows is not an employer of Care Providers. Care Seekers may seek the services of a Care Provider through the use of the Site or Services, and Care Providers may post profiles and submit proposals to Care Seekers regarding the various services offered. In some instances, such as through a DrKnows Care Advisor, DrKnows.com may provide Care Seekers a customized list of potential individuals, home care agencies, day programs, residential care communities, and other care providing businesses to consider based on the information the Care Seeker provides to DrKnows regarding the needs and preferences of the person requiring care. However, if a Care Seeker agrees on the provision of services from an individual, home care agency, day program, residential care community, and/or other care providing business, that DrKnows identifies through any of those Services, such agreement is solely between the Care Seeker and the Care Provider. DrKnows.com, DrKnows, and Salubriti.com are not a party to any such agreement. DrKnows contracts with only reputable agencies and residential communities that have entered into an agreement with DrKnows pursuant to which they represent that each of their individual Care Providers has passed a vigorous screening process including background and reference checks. However, each such agency or facility operates independently of DrKnows.com and is not under our control. Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by the Care Seeker and the Care Provider. DrKnows.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold DrKnows.com harmless for any claim or controversy that may arise from any disputes between you and any Care Seeker, Care Provider or other user(s) of the Site. User agrees to take reasonable precautions in all interactions with Care Seekers, Care Providers or other users of the Site or the Services, particularly if User decides to meet offline or online. In addition, User agrees to visit the DrKnows.com Safety Center prior to using the Service. By using the Site or the Services, User hereby agrees to report any alleged improprieties of any and all Users therein to DrKnows.com immediately by notifying DrKnows.com of the same.

Age Restrictions

Except with respect to children and adolescents receiving care under the supervision and direct consent of their parent or legal guardian, DrKnows.com is intended for people 18 or over. Users, Care Seekers, and Care Providers should monitor children's use of the Internet and deny access to the Site to anyone under the age of 18. DrKnows.com will not knowingly collect any information from individuals under 18. Users must identify User’s age during the registration process, and DrKnows.com does not assume any responsibility for any misrepresentations regarding User’s age when using this Site. Should DrKnows determine that User does not meet the age requirements for using the DrKnows.com Site or Services, User’s registration will be terminated immediately.

Disclaimers; Limitations; Waivers; Indemnification

11.1. No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is", "as available". Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by DrKnows.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRKNOWS.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DRKNOWS.COM; (3) WARRANT THAT USER’S USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET USER’S REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DRKNOWS.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, DRKNOWS.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.

WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, DRKNOWS.COM OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL DRKNOWS.COM OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. USER’S USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

11.2. Assumption of Risk

User assumes all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Users of the Site or the Services. User agrees to take all necessary precautions, including but not limited to following the recommendations set forth in the DrKnows.com Safety Center, when interacting with other site visitors or Registered Users.

11.3. Limitation of Liability

Incidental Damages and Aggregate Liability.  In no event will DrKnows.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if DrKnows.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL DRKNOWS.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY USER FOR USER’S ACCOUNT, OR, IF USER HAS NOT PAID DRKNOWS.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

No Liability for non-DrKnows.com Actions.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRKNOWS.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU THE USER.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. DrKnows.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

11.4. Indemnification

By agreeing to these Terms, Users of the Site and Services agree to indemnify, defend and hold harmless DrKnows.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by DrKnows.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. DrKnows.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of DrKnows.com. Users further agree to hold harmless DrKnows.com and its Affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the Site.

Copyright Notices/Complaints

It is the policy of DrKnows.com to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the DrKnows.com copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, fax number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

The DrKnows.com agent for copyright issues relating to this Site is:
Copyright Agent
Legal Department
DrKnows.com
3555 Loma Vista Road Suite #115
Ventura, CA 93003

In an effort to protect the rights of copyright owners, DrKnows.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.

Agreement to Arbitrate

13.1 Agreement to Arbitrate

This Section 13 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between User and DrKnows, DrKnows.com, Salubriti.com, a DrKnows.com Affiliate, or a Salubriti.com subsidiary, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration in Ventura, California, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court in Ventura County, California, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND DRKNOWS.COM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH USER AND DRKNOWS.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DRKNOWS.COM USERS.

13.3 Pre- Arbitration Dispute Resolution

DrKnows.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact DrKnows.com to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at info@drknows.com or at: DrKnows.com; Attention: Legal Department; 3555 Loma Vista Road Suite #115; Ventura, CA 93003.

13.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

To commence an arbitration against DrKnows.com, you must complete a short form, submit it to the AAA, and send a copy to DrKnows.com at: DrKnows.com; Attention: Legal Department; 3555 Loma Vista Road Suite #115; Ventura, CA. 93003. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in the Ventura County. If the value of the relief sought is $10,000 or less you or DrKnows may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and DrKnows.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or DrKnows.com, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different DrKnows.com Users, but is bound by rulings in prior arbitrations involving the same DrKnows.com User to the extent required by applicable law.

13.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. If User demonstrates to the arbitrator that User is economically unable to pay User’s portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that User should not be required to pay User’s portion of the Arbitration Fees, DrKnows.com will pay User’s portion of such fees. In addition, if User demonstrates to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, DrKnows.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) User asserts in the arbitration to be frivolous, User agrees to reimburse DrKnows.com for all fees associated with the arbitration paid by DrKnows.com on your behalf that you otherwise would be obligated to pay under the AAA's rules.

13.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13.7 Severability

If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.

13.8 Opt-Out Procedure

User can choose to reject this Arbitration Agreement by mailing DrKnows.com a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. For new DrKnows.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time or April 1, 2015, whichever is later. User must mail the Opt-Out Notice to: DrKnows.com; Attention: Legal Department; 3555 Loma Vista Road Suite #115; Ventura, CA. 93003. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the DrKnows.com account(s) to which the opt-out applies. User must sign the Opt-Out Notice for it to be effective. This procedure is the only way User can opt out of the Arbitration Agreement. If User opts out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that User may have with DrKnows.com.

13.9 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, User and DrKnows.com agree that if DrKnows.com makes any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against DrKnows.com prior to the effective date of the change. Moreover, if DrKnows.com seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against DrKnows.com prior to the effective date of removal.

Governing Law and Jurisdiction

These Terms, and any dispute between User and DrKnows.com, shall be governed by the laws of the State of California without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to User or to a particular claim or dispute (except for small-claims court actions), either as a result of User’s decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, User agrees that any claim or dispute that has arisen or may arise between User and DrKnows.com must be resolved exclusively by a state or federal court located in the State of California. User and DrKnows.com agree to submit to the personal jurisdiction of the courts located within Ventura County in the State of California for the purpose of litigating all such claims or disputes.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

Contact Information

If you have any questions or need further information as to the Site or Services provided by DrKnows.com, or need to notify DrKnows.com as to any matters relating to the Site or Services please contact DrKnows.com at info@drknows.com OR:

DrKnows
3555 Loma Vista Road
Suite #115
Ventura, CA. 93003