Terms And Conditions
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”)).
- User eligibility & accounts
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;
- 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
- User Verification
- 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.
- 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.
- The Site is a Venue
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.
- You acknowledge that Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- 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.
- 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:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the privacy, publicity, or other rights of third parties, including other Users;
- Violates any law, statute, ordinance, or regulation, including laws regarding anti-discrimination and false advertising;
- Is false or inaccurate or becomes false or inaccurate at any time;
- 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;
- Discloses or provides information protected under any law, agreement, or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents Your identity in any way;
- 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
- Contains any advertising or solicitation for anything other than home care services offer through the Site;
- Advocates or encourages any illegal activity; or
- 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.
- 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:
- Recruit, solicit or contact any User for employment or contracting for a business not affiliated with Carefluent;
- Harass, intimidate, or otherwise engage in illegal or offensive behavior with respect to any other User;
- Conduct or promote any illegal activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful to minors;
- 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;
- Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- 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);
- Use the Site or Services to stalk, harass or harm another individual;
- 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);
- 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;
- 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;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
- 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.
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 firstname.lastname@example.org, 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
- 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.
- Copy of paid transaction will be emailed to Careseeker and uploaded into Careseeker’s account portal after services are rendered.
- Careseeker is responsible for paying Carefluent’s administrative fee, the rate of which is to be determined at the discretion of Carefluent.
- Careseekers will be prompted and are encouraged to provide ratings and comments after the rendering of each service.
- 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:
- 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
- Care Companions acknowledge that they are independent contractors, not employees of Carefluent. As such, Carefluent will not withhold taxes or insurance from payments.
- Payments to Care Companions will occur weekly based on the prior negotiated hourly rate, representing payment for all services completed the week prior.
- Care Companions will be prompted and are encouraged to provide ratings and comments after the rendering of each service.
- 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:
- 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;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Third Party Content & Other Websites
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.
- 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.
- 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.
- 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.
- Electronic Communications
- No Third-Party Beneficiaries
- No Affiliation
ALTERNATIVE DISPUTE RESOLUTION:
- Negotiation in Advance of Arbitration
- 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.
- 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.
- 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.
- Mediation in Advance of Arbitration
- If the matter is not resolved by negotiation pursuant to paragraphs above, then the matter will proceed to mediation as set forth below.
- 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. 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.
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.
- 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.
- 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.
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.
- Governing Law
- Punitive Damages
- Fees and Costs of Prevailing Party
- General Terms
- 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.
- Notice; Contact Information