Skip to main content

We use cookies to ensure that we give you the best experience on our website. By using this site, you agree to our use of cookies Find out more.

Terms And Conditions

 

CAREFLUENT, INC.

TERMS OF USE

 

Welcome to www.mycarefluent.com(the “Site”) operated by Carefluent, Inc. (“Carefluent”, “we”, “us” or “our”). We provide our Visitors and Users (collectively “You” or “Your”) with a social network designed to connect home Care Companions (defined below) with Careseekers (defined below) and their families looking for home care services. Your use of Carefluent’s products, software, services, mobile application (the “App”) and web sites (referred to collectively as the “Services”) is subject to these terms and conditions (the “Terms of Use”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR USING THE SITE OR DOWNLOADING THE APP, YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF AND ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF AND ANY ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE SERVICES.

Please review the following terms carefully. You may access the Site or use the Services as a “Visitor” (which means that You simply browse the Site), or as a “User” (which means that You have established an account with us (Your “Account”)).

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will be presented to You for Your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service and Your use thereof. Once accepted, the Supplemental Terms are incorporated into these Terms of Use.

PLEASE BE AWARE THAT SECTION 22 OF THESE TERMS OF USE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS USER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, APP, OR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS OF USE.

PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY CAREFLUENT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Carefluent will make a new copy of the Terms of Use available at https://www.mycarefluent.com and/or within the App. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you are a User, we will also send an email to you at the last e-mail address you provided to us pursuant to the Terms of Use. Any changes to the Terms of Use will be effective immediately for new Users of the Service and will be effective forty-eight (48) hours after posting notice of such changes on the Site for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of forty-eight (48) hours after posting notice of such changes on the Site and/or App or forty-eight (48) hours after dispatch of an e-mail notice of such changes to existing Users. Carefluent may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF USE.

  1. User eligibility & accounts
    1. Eligibility.

By using the Site, You represent and warrant that:

      • You are at least 18 years old;
      • You are and will continue to be a United States citizen, resident alien and/or a person legally authorized to work in the United States;
      • You have the right, authority, and capacity to enter into these Terms of Use;
      • You will abide by all the terms and conditions of these Terms of Use;
      • Neither You, nor anyone in Your household (A) has been the subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offense or (B) has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
    • User Accounts

A Visitor may browse the Site in accordance with these Terms of Use but will not have access to certain Services without first subscribing to our Services; a Visitor who subscribes to our Services is referred to herein as a “Subscriber”). In order to use the Services available to a Subscriber, You are required to set up an Account with us. When You set up an Account, You are required to select a unique user ID and password (collectively “Account Credentials”). You promise that all information You provide to us is true, accurate, current, and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current, and complete. You may not transfer or share Your Account Credentials with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using Your Account Credentials, we will rely on the Account Credentials and will assume that it is You who is accessing the Site and Services. You are solely responsible for any and all use of Your Account Credentials and Account and all activities that occur under or in connection with Your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under Your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group or entity. If You are creating an Account on behalf of a third party, You represent that you have the authority to represent such third party and bind the third party to these Terms of Use. For illustrative purposes only, if You are creating a Careseeker account on behalf of a loved one who is seeking care, You represent that your loved one has provided You with proper authority to act on their behalf and that Your loved one will abide by these Terms of Use.

  1. User Verification
    1. Identity Verification

You are responsible to make Your own decision regarding all persons that You engage through the Site. In the future, Carefluent may, at its sole discretion, make a third-party verification service available to Subscribers and Care Companions. This service may be utilized to verify information of other parties such as, but not limited to, name, address, and criminal background. Use of a third-party verification service is voluntary. If You decide to use or access information provided by a third-party verification service offered through the Site, You do hereby represent, understand and expressly agree that Carefluent is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, You understand that Carefluent may review the information provided by the third-party verification service. If You use the third-party verification service, and such verification is governed by the Fair Credit Reporting Act (the “FCRA”), You represent and warrant that You will comply with the FCRA, which can be found at https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act. Carefluent expressly disclaims any and all liability that may result from the use of the information provided by the third-party verification service. Carefluent expressly disclaims, and You expressly release Carefluent from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to (a) any misstatements and/or misrepresentations made by any User or (b) THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY BACKGROUND CHECK provided to you in connection with the Site or the Services.

    1. Optional User Verification by Carefluent

You understand and agree that Carefluent has the right, but not the obligation, to independently verify any statement made by any User on the Site or verify that any User meets any of the eligibility criteria set forth above. In the event that Carefluent chooses to verify the representations and warranties or any information provided by You through Your use of the Site, You hereby authorize Carefluent, either directly or through our vendors or service providers, to attempt to verify such information, which verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credential verification checks, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.

  1. The Site is a Venue

The Site is a venue designed to connect home caregivers (“Care Companions”) with individuals and their families looking for home care services (“Careseekers”). Carefluent does not provide or arrange for home healthcare services. Carefluent does not participate in the interaction between Care Companions and Careseekers except to process payments on behalf of Care Companions and collect payments from Careseekers who use any of the Carefluent Home Care Services (defined below). Carefluent does not provide any healthcare billing services. Carefluent may, at its sole discretion, attempt to resolve disputes related to the services received by Care Companions or payment due to Care Companions. You understand and agree that Carefluent has no control over and is not responsible for the acts or omissions of any users on or off the Site. You also understand and agree that Carefluent makes no representation or warranty regarding the quality of any services provided by any User. Carefluent is not responsible for the accuracy or reliability of any information provided by any User on the Site. If you are using the Services as an employee or contractor of an agency Caregiver (an “Agency Caregiver”), you will be considered a Care Companion for purposes of these Terms of Use.

CAREFLUENT EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE CAREFLUENT FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF USERS ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY CARE SERVICES BY ANY CARE COMPANION.

  1. License

Subject to these Terms of Use, Carefluent grants You a non-transferable, non-exclusive, revocable, limited license to (a) download, install and use a copy of the App on one or more mobile devices or computers or internet web browsers that You own or control, and (b) to use the other aspects of the Services, in each case solely for Your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Play Store, or any other related Application Store (hereinafter “Third Party App Store”), You agree to comply with all applicable third-party terms of the Third-Party App Store (the “Usage Rules”) when using the App. To the extent the terms of these Terms of Use provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. The following sections apply in this regard:

    1. You acknowledge and agree that (i) these Terms of Use are between You and Carefluent only, and not Third-Party App Store, and (ii) Carefluent, not Third Party App Store, is solely responsible for the Application and content thereof. Your use of the Application must comply with the Third-Party App Store Terms of Service.
    2. You acknowledge that Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
    3. You and Carefluent acknowledge that, as between Carefluent and Third Party App Store, Third Party App Store is not responsible for addressing any claims You have or any claims of any third party relating to the Application or Your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    4. You and Carefluent acknowledge that, in the event of any third-party claim that the Application or Your possession and use of that Application infringes that third party’s intellectual property rights, as between Carefluent and Third-Party App Store, Carefluent, not Third Party App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
    5. You and Carefluent acknowledge and agree that Third Party App Store, and Third Party App Store’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to Your license of the Application, and that, upon Your acceptance of the terms and conditions of these Terms of Use, Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to Your license of the Application against You as a third-party beneficiary thereof.
    6. Without limiting any other terms of these Terms of Use, You must comply with all applicable third-party terms of agreement when using the Application.
  2. Ownership

You understand and acknowledge that the software, code, proprietary methods, and systems used to provide the Site or Services (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grant You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Except as expressly provided in Section 4, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Carefluent LLC. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.

  1. Rules Regarding Information & Other Content

When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which is referred to herein as “Content.” Content includes information and materials posted to the Site or through the Services by You and other Users. You are entirely responsible for each individual item of Content that You post, email, or otherwise make available on the Site or the Services. As between You and us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sub-licensable, worldwide license, under any and all of Your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed, or otherwise used or exploited by our Visitors and Users. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:

    1. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
    2. Violates the privacy, publicity, or other rights of third parties, including other Users;
    3. Violates any law, statute, ordinance, or regulation, including laws regarding anti-discrimination and false advertising;
    4. Is false or inaccurate or becomes false or inaccurate at any time;
    5. Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive, or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
    6. Discloses or provides information protected under any law, agreement, or fiduciary relationship, including but not limited to proprietary or confidential information of others;
    7. Misrepresents Your identity in any way;
    8. Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information
    9. Contains any advertising or solicitation for anything other than home care services offer through the Site;
    10. Advocates or encourages any illegal activity; or
    11. Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

Though we strive to enforce these rules with all of our Users, and our other customers, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at Your own risk. We may, but are not obligated to, delete Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate the terms of these Terms of Use or the applicable agreement with the offending User(s). We take no responsibility for Your exposure to Content on the Site or through the Services whether it violates our content policies or not.

  1. General Rules of User Conduct

It is our goal to make access to our Site and Services a good experience for Visitors and all of our Users. Correspondence between Users is for the sole purpose of connecting Careseekers, Care Companions and other Users for purposes relating to a Careseeker’s home care. If You receive the personal information of any other User through the use of the Services, you may use the information solely as necessary to conduct a transaction through the Site and Services. You may not use another User’s personal information for any other purpose. You agree not to, and represent and warrant that You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:

    1. Recruit, solicit or contact any User for employment or contracting for a business not affiliated with Carefluent;
    2. Contact other Users for any purpose other than as set forth in this Terms of Use;
    3. Harass, intimidate, or otherwise engage in illegal or offensive behavior with respect to any other User;
    4. Conduct or promote any illegal activities while using the Site or Services;
    5. Upload, distribute or print anything that may be harmful to minors;
    6. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
    7. Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
    8. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
    9. Use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
    10. Use the Site or Services to stalk, harass or harm another individual;
    11. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
    12. Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Services;
    13. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; and Carefluent reserves the right, in its sole discretion, to terminate Your use of the Site or assess a $25,000 daily penalty fee for violation of this provision or the maximum penalty allowed by federal and state law; whichever is greater;
    14. Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
    15. Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

Carefluent follows an equal opportunity employment policy and employs personnel without regard to race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, disability status, veteran status, military obligations, and marital status.

Carefluent is committed to serving all clients, their caregivers and family Users, regardless of race, ethnicity, sex, age, religion, national origin, mental or physical ability, sexual orientation, gender identity and expression, ancestry, military discharge status, marital status, source of income, housing status or other protected classification.

  1. Payments

Access to the Site and basic registration with Carefluent, is free for Careseekers and Care Companions. Enablement of Home Care Services, including secure messaging, time management, invoicing, and payment processing services (collectively, “Home Care Services”) are available to Careseekers for a fee. By using our Home Care Services, Careseeker agrees to pay Carefluent the fees then in effect unless specifically notified otherwise. Carefluent reserves the right, at any time, to modify its fees and/or billing methods. In exchange for the Home Care Services, Careseeker authorizes Carefluent to deduct all current fees from all payments processed by Carefluent or a third-party service provider on Care Companion’s behalf.

Subscriptions may be automatically extended for successive renewal periods of the same duration as the Subscriber originally selected (as indicated at the time of sign-up). Subscriptions are offered in increments of three (3) months, six (6) months, or twelve (12) months. IF YOU SIGN UP FOR A SUBSCRIPTION THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH SUBSCRIPTION OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM. BY CALLING CAREFLUENT AT 855-227-3196, BY EMAILING AT support@mycarefluent.com, OR THROUGH YOUR ACCOUNT SETTINGS. Upon automatic renewal, you authorize Carefluent to charge your selected payment method the then current applicable fee in accordance with the Subscription plan you selected. Upon cancellation, you will have access to the Subscription benefits until the end of the then-current Subscription term, and the Subscription will not be renewed after that term expires. You will not be eligible for a refund of any portion of the Subscription fees paid for the then-current Subscription period. Carefluent is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred because of charges billed by Carefluent.

Careseekers using Carefluent’s Home Care Services

  1. Careseeker is responsible for prepaying the Care Companions’ hourly rate. The minimum block of hours that can be purchased is a four (4) hour block.

 

  1. Copy of paid transaction will be emailed to Careseeker and uploaded into Careseeker’s account portal after services are rendered.

 

  1. Careseeker is responsible for paying Carefluent’s administrative fee, the rate of which is to be determined at the discretion of Carefluent.

 

  1. Careseekers will be prompted and are encouraged to provide ratings and comments after the rendering of each service.

 

  1. Cancellations & No Shows: Carefluent will make reasonable efforts to send (text message and/or email) reminders to Careseekers up to seventy-two (72) hours prior to service schedule date. If service is cancelled by Careseeker less than twenty-four (24) hours prior to scheduled service date, Careseeker will be charged a fifty dollar ($50) late cancellation fee. Three (3) late cancellations within a twelve-month period will result in termination of Subscription and access to the Site.

Care Companions using Carefluent’s Home Care Services:

    1. Prior to use, Care Companions must provide to Carefluent proof of liability insurance in amount no less than $1,000,000.00./$3,000,000.00
    2. Care Companions acknowledge that they are independent contractors, not employees of Carefluent. As such, Carefluent will not withhold taxes or insurance from payments.
    3. Payments to Care Companions will occur weekly based on the prior negotiated hourly rate, representing payment for all services completed the week prior.
    4. Care Companions will be prompted and are encouraged to provide ratings and comments after the rendering of each service.

 

    1. Cancellations & No Shows: Carefluent will make every effort to send (via text message and/or email) reminders to Care Companions up to seventy-two (72) hours prior to service schedule date. If service is not confirmed or cancelled over twenty-four (24) hours in advance of the scheduled service, Care Companion will be charged a $100 late fee/no confirmation/cancellation fee. Two late cancellations or no-shows within a ninety (90) day period will result in thirty (30) day suspension from use of the Services.

Payments through Carefluent’s Home Care Services:

    1. Careseeker payments will be made up front through the Carefluent portal, whereby Careseeker will pre-pay for a block of time (in increments of 4 hours minimum), to be used at Careseeker’s discretion;
    2. Each invoice is made available to the applicable Careseeker through the Site and an email with the invoice will be sent to the Careseeker after the services are provided.
    3. Careseekers may dispute any discrepancies or charges by formal written complaint to Carefluent. Carefluent will review the complaint and, if there is merit, Carefluent may, in its sole discretion, credit a Careseeker back accordingly. Care Companion’s funds will be scheduled to be automatically deposited into Care Companion’s bank account according to the bank details provided by the Care Companion if the Careseeker payment is made before 12:00pm Pacific Time. If the payment is made after 12:00pm Pacific Time then the funds will be scheduled to deposited into the Care Provider bank account on the following business day. The time it takes for the funds to show in the Care Companions bank account will be typically 2-8 business days, depending on their financial institution.
    4. Care Companion is solely responsible for the accuracy of his or her bank details, including Care Companion’s bank account number and bank routing number. Carefluent expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details submitted by Care Companion.

Carefluent is not responsible for and will not reimburse any fees incurred by Care Companion or Careseeker from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Carefluent.

Carefluent reserves the right to correct any errors in the payment of Carefluent fees even if it has already requested and/or received payment. Careseeker will remain responsible for the Carefluent fee and any other applicable fees in connection with any refund or chargeback of a Careseeker’s payment.

Carefluent may use third party payment processing services to process credit card or bank information. Carefluent expressly disclaims any and all liability for any claims or damages related to Carefluent’s use of third-party payment processing services, including without limitation any damage that may result should any such information be released to any third parties.

For purposes of clarity, the Home Care Services provided by Care Companions to Careseeker do not include any services related to submitting claims for reimbursement from any third-party payer. In addition, no Care Companion may make any claim for reimbursement from any third-party payer, including any private or governmental insurance provider, in connection with the services provided to any Careseeker by such Care Companion.

  1. Text Messages

Carefluent may send Users SMS text messages in connection with the Services or otherwise relevant information. Receipt of the SMS text messages from Carefluent is voluntary. By deciding to receive SMS text messages from Carefluent, You give Carefluent express permission to send SMS text messages to Your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that Carefluent does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages from Carefluent.

  1. No Professional Advice

All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. Carefluent expressly disclaims, and You expressly release Carefluent from, 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. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.

  1. Promotional Offers

We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any time.

  1. Modifications to the Site or Services

We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.

  1. Third Party Content & Other Websites

CONTENT FROM OTHER USERS, ADVERTISERS, AND OTHER THIRD PARTIES MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR THE SERVICES. BECAUSE WE DO NOT CONTROL SUCH CONTENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE DO NOT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE INFORMATION IN SUCH CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT MADE AVAILABLE BY OTHER USERS, ADVERTISERS, AND OTHER THIRD PARTIES OR VIOLATION OF ANY THIRD-PARTY RIGHTS RELATED TO SUCH CONTENT. THE SITE AND SERVICES MAY CONTAIN LINKS TO WEBSITES NOT OPERATED BY US. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, MATERIALS, OR PRACTICES (INCLUDING PRIVACY PRACTICES) OF SUCH WEBSITES. YOU UNDERSTAND THAT BY USING THE SITE AND/OR SERVICES YOU MAY BE EXPOSED TO THIRD-PARTY WEBSITES THAT YOU FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT, OR GUARANTEE REGARDING, AND ACCEPT NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD-PARTY WEBSITES, PRODUCTS OR SERVICES ACCESSIBLE BY HYPERLINK OR OTHERWISE FROM THE SITE OR SERVICES. WE PROVIDE THESE LINKS FOR YOUR CONVENIENCE ONLY AND WE DO NOT CONTROL SUCH WEBSITES. OUR INCLUSION OF LINKS TO SUCH WEBSITES DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIALS ON SUCH THIRD-PARTY WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS. IT IS YOUR RESPONSIBILITY TO REVIEW THE PRIVACY POLICIES AND TERMS OF USE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, INCLUDING OTHER USERS.

  1. Suspension/Termination

You agree that we, in our sole discretion, may immediately suspend or terminate Your access to the Site and Services at any time, for any reason, without notice or refund. YOU AGREE THAT CAREFLUENT LLC WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR CONTENT. SUSPENSION OR TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO CAREFLUENT LLC OR A THIRD PARTY. If you are an Agency Caregiver, you acknowledge and agree that upon termination of the applicable Agency Care Provider’s rights to use the Services, your use of the Services will automatically terminate.

  1. Agency Caregivers

If you are an Agency Caregiver, you acknowledge and agree that the Agency Care Provider (“Agency Care Provider”) through whom you use the Services may be able to control certain aspects of your Account settings, such as permissions. You hereby grant such Agency Care Provider permission to access, use, download, export, disclose, share, restrict and/or remove Your Content . You also acknowledge and agree that an Agency Care Provider may restrict or terminate your access to your Account, Your Content or the Services. Upon termination of the applicable Agency Care Provider’s rights to use the Services, your use of the Services will automatically terminate.

  1. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE AND SERVICES. IN ADDITION, CAREFLUENT LLC. ADVISES YOU TO BE CAREFUL ABOUT WHEN AND HOW YOU MEET OTHER USERS, PARTICULARLY WHEN MEETING IN PERSON.

  1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST REAL ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO FIFTY DOLLARS (U.S. $50.00). THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF CAREFLUENT (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY IT’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CAREFLUENT AND YOU.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CAREFLUENT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS EXCEPT AS EXPRESSLY STATED HEREIN. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR, OR TAKE ANY APPROPRIATE ACTION REGARDING, DISPUTES THAT YOU MAY HAVE WITH USERS, SERVICE PROVIDERS OR OTHER CUSTOMERS.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD-PARTIES.

  1. Indemnification

You agree to indemnify, defend and hold harmless Carefluent, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any of Your Content and/or information that You submit, post or transmit through the Site or Services, (b) Your use of the Site or Services, (c) Your violation of these Terms of Use, (d) Your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Site or Services. This provision does not require you to indemnify any of such parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, these Terms and/or your access to the Services.

  1. Electronic Communications

The communications between You and us use electronic means, whether You visit the Site or send us emails, or whether we post notices on the Service or communicate with You via email. We can only give You the benefits of our service by conducting business through the Internet, and therefore we need You to consent to our giving You Communications electronically. This Section informs You of Your rights when receiving Communications from us electronically. For contractual purposes, You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of Your interactions and transactions with us. The foregoing does not affect Your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw Your consent to receive Communications electronically by contacting us in the manner described below. If You withdraw Your consent, from that time forward, You must stop using the Site and Services. The withdrawal of Your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time You withdraw Your consent. Please keep us informed of any changes in Your email or mailing address so that You continue to receive all Communications without interruption.

  1. No Third-Party Beneficiaries

You understand and agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

  1. No Affiliation

You acknowledge that You are not legally affiliated with Carefluent in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by Your use of the Site or Services or by these Terms of Use. Carefluent is not an employment service or agency and does not secure employment for users.

  1. Arbitration

ALTERNATIVE DISPUTE RESOLUTION:

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

  1. Negotiation in Advance of Arbitration

 

  1. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms of Use promptly by negotiation between individuals who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the individual who will represent that party and of any other person who will accompany the individual. Within 30 days after delivery of the notice, both parties shall meet at a mutually acceptable time and place.
  2. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of individuals described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
  3. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
  4. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to these Terms of Use except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of the process set forth above.
  5. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.

 

  1. Mediation in Advance of Arbitration

 

    1. If the matter is not resolved by negotiation pursuant to paragraphs above, then the matter will proceed to mediation as set forth below.
    2. If the parties do not wish to negotiate in advance of arbitration, but do wish to mediate before proceeding to arbitration, they may accomplish this as follows:
  2. The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms of Use shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth below.

2. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.

3. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

4. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

5. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.

6. At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to these Terms of Use except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements set forth above.

7. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.

 

  1. Arbitrator Qualifications

 

The parties agree that any potential arbitrator must be either 1) a retired judge from a particular court, or 2) a lawyer with at least ten (10) years’ experience or active practice in the relevant area of law under dispute. The parties agree that, wherever practicable, they will seek to appoint a fair representation of diverse arbitrators (considering gender, ethnicity, and sexual orientation), and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.

 

  1. Party-Appointed Arbitrators

 

Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within 30 days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent and impartial arbitrators.

 

  1. Confidentiality

 

The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

 

  1. Governing Law

 

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware exclusive of conflict or choice of law rules. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

 

  1. Punitive Damages

 

In any arbitration arising out of or related to these Terms of Use, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms of Use, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.

 

  1. Fees and Costs of Prevailing Party

 

In any arbitration arising out of or related to these Terms of Use, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

  1. General Terms

You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between You and Carefluent will be governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. These Terms of Use are personal to You, and You may not transfer, assign or delegate Your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of Your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by Carefluent to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use, together with any applicable Supplemental Terms, constitute the complete and exclusive agreement between You and Carefluent with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications, or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

  1. Survival

All provisions that by their nature survive expiration or termination of these Terms of Use shall so survive, including without limitation, all limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services.

  1. Consumer Complaints

You may report complaints to the Delaware Department of Justice Consumer Protection Unit contacting them in writing at Carvel State Building, 820 N French St., Wilmington, DE 19801, or by telephone at (800) 220-5424.

  1. Notice; Contact Information

We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via telephone at 1-888-227-3196, email to support@mycarefluent.com or as otherwise expressly provided. Please report any violations of these Terms of Use to compliance@mycarefluent.com.