We're so glad you're interested in joining the Carefluent team. We're different because we ensure the right fit for both our Careseekers and our Care Companions.
You will get a Verification Code via SMS
We do not intentionally gather Personal Data from Users who are under the age of 18. If a User under the age of 18 submits Personal Data to us and we learn that the Personal Data is the information of a User under the age of 18, we will attempt to delete the information as soon as possible. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably possible.
Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
“Personal Data” means any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
In general, Personal Data collected by us is used either to respond to requests that you make, or to aid us in serving you better. We may use your Personal Data in the following ways:
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Carefluent reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
We may share your Personal Data with third parties to whom you ask us to send Personal Data, including other Users. Unless you direct us to share to your Personal Data via your “Privacy Settings” or otherwise, we do not disclose the Personal Data of any Careseeker or Care Companion to any another User. We do permit Care Companions and Careseekers to communicate with each other. If you respond to any in-browser message, you will be providing the recipient your name and allowing them to continue to message you.
We may share your Personal Data with third-party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Carefluent. Examples of such third-party service providers include companies that administer background checks of Care Companions and companies that process payments. These third-party service providers are required not to use your Personal Data other than to provide the services requested by Carefluent.
If you become a Careseeker through a Payor-sponsored contract (e.g., managed care plan, employer-sponsored benefit, state or federal program, etc.), or Agency, we may share all or some of your Personal Data with such Payor, which may include, for example: your name, phone number, email address, zip code, reasons for interest or declining Services, amount and duration of paid services, photographs, visit history, task completion and data, any issues that may arise such as changes in your health status, and responses in aggregate to customer satisfaction surveys, in order to provide you with the Services. YOU ACKNOWLEDGE AND AGREE THAT THE PRIVACY POLICIES OF THE APPLICABLE PAYOR SPONSOR AND/OR AGENCY WILL APPLY TO THE USE AND DISCLOSURE OF SUCH PERSONAL DATA BY THE PAYOR
SPONSOR AND/OR AGENCY. In addition, if you become a Careseeker through a Payor, we may share some or all your Personal Information (provided by you and/or the Payor) with your applicable Care Companion.
If you are an Agency Care Companion, we may share all or some of your Personal Data with the applicable Agency. In addition, Personal Data about Careseekers may be shared with the applicable Agency Care Companion to facilitate the provision of support and services. YOU ACKNOWLEDGE AND AGREE THAT THE PRIVACY POLICIES OF THE APPLICABLE AGENCY WILL APPLY TO THE USE AND DISCLOSURE OF SUCH PERSONAL DATA BY THE AGENCY.
Regardless of any choices you make regarding your Personal Data (as described below), Carefluent may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Calla
We use third-party advertising companies to serve ads when you visit our Site. These companies may collect and use information (not including your name, address, email address, or telephone number) about your visits to this and other websites to provide advertisements about goods and services to you.
We offer you choices regarding the collection, use, and sharing of your Personal Data.
You may change any of your Personal Data in your Account by editing your profile within your account or by contacting us directly. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes. Please remember, however, if we have already disclosed some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
Carefluent is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. No method of transmission over the Internet, or method of electronic data storage, is 100% secure. Therefore, while Carefluent uses reasonable efforts to protect your Personal Data, Carefluent cannot guarantee its absolute security.
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”)).
By using the Site, You represent and warrant that:
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.
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.
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.
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:
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:
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 email@example.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
Care Companions using Carefluent’s Home Care Services:
Payments through Carefluent’s Home Care Services:
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.
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.
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.
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.
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.
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.
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.
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.
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.
ALTERNATIVE DISPUTE RESOLUTION:
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.
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.
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.
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.
Independent Contractor Agreement
This Independent Contractor Agreement is made between CAREFLUENT, INC. ("Company") and the individual identified below as the Contractor ("Contractor"). Company and Contractor are sometimes referred to herein collectively as the “Parties” and each, individually, as a “Party”.
Contractor Legal Name:
Contractor City, State, Zip:
1. Services to Be Performed. Contractor agrees to perform services as a Carefluent, Inc. Care Companion in accordance with guidelines and instructions provided by the Company. Contractor does not have the right to hire assistants, use employees, family members, friends, associates, or anyone else to provide the services required by this Agreement unless otherwise agreed to in writing in advance by the Company.
2. Payment. In consideration for the services to be performed by Contractor, Company agrees to pay Contractor at the hourly rates established in the Carefluent platform. Contractor shall be paid within a reasonable time after Contractor submits an accurate timesheet in accordance with Company’s timekeeping and reporting policies and procedures. It is the Contractor’s responsibility to correctly monitor, and report, all hours worked within the timeframes required by Company. Timesheets that violate Company’s timekeeping and reporting policies are ineligible for payment. Company reserves the right to update its policies periodically.
3. Expenses. Contractor shall be responsible for all expenses incurred while performing services under this Agreement.
4. Vehicles and Equipment. Contractor will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. Contractor is required to maintain valid, active auto insurance policy which complies, at minimum, with state mandated guidelines. Proof of insurance is required upon hire and must be updated in Company’s system whenever the policy expires or insurance carrier changes. Proof of insurance may be requested by Company at any time throughout the term of this Agreement.
5. Independent Contractor Status. Contractor is an independent contractor, and as such shall not be deemed Company's employee. In Contractor’s capacity as an independent contractor, Contractor agrees and represents, and Company agrees, as follows: (a) Contractor may not, under any circumstances, directly negotiate or contract with, work for, or receive payment directly from any Company client or potential client. All services must be arranged and scheduled using Company’s online platform (https://www.mycarefluent.com) or mobile application; (b) Contractor will perform the Care Companion services in accordance with Company’s policies, procedures, and guidelines; (c) Contractor has the sole right to accept or decline job assignments that are offered and set Contractor’s own preferred schedule; (d) The services required by this Agreement shall be performed by Contractor solely. Company shall not hire, supervise, or pay any assistants to help Contractor; (e) Contractor warrants that Contractor has the professional skills necessary to perform this role without any accommodations or assistance. Although Company may periodically offer training, it is not required or obligated to do so as a means of Contractor fulfilling the terms of this Agreement; (f) Contractor shall not be required by Company to devote full time to the performance of the services required by this Agreement.
6. Business Licenses, Permits, and Certificates. Contractor represents and warrants that Contractor will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement.
7. State and Federal Taxes. Company will not: (a) withhold FICA (Social Security and Medicare taxes) from Contractor's payments or make FICA payments on Contractor's behalf; (b) make state or federal unemployment compensation contributions on Contractor's behalf; or (c) withhold state or federal income tax from Contractor's payments. Contractor shall pay all taxes incurred while performing services under this Agreement—including all applicable income taxes and self-employment (Social Security) taxes. Upon demand, Contractor shall provide Company with proof that such payments have been made.
8. Fringe Benefits. Contractor understands that Contractor is not eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of Company.
9. Unemployment Compensation. Company shall make no state or federal unemployment compensation payments on behalf of Contractor. Contractor will not be entitled to these benefits in connection with work performed under this Agreement.
10. Workers' Compensation. Company shall not obtain workers' compensation insurance on behalf of Contractor under this Agreement.
11. Insurance. Company is under no obligation to provide insurance coverage of any kind for Contractor. Contractor shall obtain and maintain during the entire term of this Agreement the following insurance coverage: Comprehensive or general professional liability insurance coverage in the minimum amount of $1,000,000_combined single limit, including coverage for bodily injury, personal injury, broad form property damage, contractual liability, and cross-liability. Before commencing any work, Contractor shall provide Company with proof of this insurance and with proof that Company has been made an additional insured under the policies.
12. Indemnification. Contractor shall indemnify and hold Company harmless from any loss or liability arising from performing services under this Agreement.
13. Term of Agreement. This Agreement will become effective when signed by both Parties and will terminate on the date a Party terminates the Agreement as provided in Section 15.
14. Representations. By signing this Agreement, Company represents that it is an authorized Company properly organized, that the undersigned is the authorized agent and signer with full authority to sign on behalf of the Company, and that there are no alternative agreements or obligations that would prevent Company from fulfilling its responsibilities under this Agreement. By signing this Agreement, Contractor represents that there are no alternative agreements or obligations that would prevent Contractor from fulfilling Contractor’s responsibilities under this Agreement. Contractor further represents that Contractor will adhere to all relevant Company policies, procedures, and standards of conduct so long as the Company policies are not in contravention of state or federal law. In an effort by Company to protect its legitimate business interests, Contractor agrees, during the contractual relationship and for a period of eighteen (18) months following termination of this Agreement, to NOT SOLICIT, directly or indirectly, any of the Company’s customers, for its benefit or for the benefit of any third party. The benefits to Contractor under this Agreement shall serve as consideration for this covenant not to solicit. Company represents, and Contractor understands and agrees, that due to the sensitive nature of the services provided and the information, Company reserves the right to perform a background check and/or order a report from a consumer reporting agency prior to date of this Agreement and throughout the performance of services. Contractor has a right, upon written request, to request a copy of any such reports that relate directly to the Contractor.
15. Terminating the Agreement. Either Party may terminate this Agreement upon thirty (30) days written notice to the other Party.
16. Exclusive Agreement. This is the entire Agreement between Contractor and Company.
17. Modifying the Agreement. This Agreement may be modified only by a writing signed by both Parties.
18. Resolving Disputes. Any dispute, claim or controversy arising out of or relating to this Agreement 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.
19. Confidentiality. Contractor acknowledges that it will be necessary for Company to disclose certain confidential and proprietary information to Contractor in order for Contractor to perform duties under this Agreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm Company. Accordingly, Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Company without Company's prior written permission except to the extent necessary to perform services on Company's behalf. Proprietary or confidential information includes: (a) the written, printed, graphic, or electronically recorded materials furnished by Company for Contractor to use; (b) any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Company makes reasonable efforts to maintain the secrecy of; (c) business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information; (d) information belonging to customers and suppliers of Company about whom Contractor gained knowledge as a result of Contractor's services to Company; and (e) sensitive medical information belonging to or pertaining to Company or its customers.. Upon termination of Contractor's services to Company, or at Company's request, Contractor shall deliver to Company all materials in Contractor's possession relating to Company's business. Contractor acknowledges that any breach or threatened breach of Section 19 of this Agreement will result in irreparable harm to Company for which damages would be an inadequate remedy. Therefore, Company shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Section 19 of this Agreement. Such equitable relief shall be in addition to Company's rights and remedies otherwise available at law.
20. No Partnership. This Agreement does not create a partnership relationship. Contractor does not have authority to enter into contracts on Company's behalf.
21. Assignment and Delegation. Contractor may not assign or subcontract any rights or delegate any of its duties under this Agreement without Company's prior written approval.
22. Applicable Law. This Agreement will be governed by Delaware law, without giving effect to conflict of laws principles.
[Signatures on following page]
Company: _Carefluent, Inc. ___________________________________________
Company Name [Print]
__Daphney Vick, Founder & CEO______________________________
Authorized Signer [Print]
Social Security Number
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