Last Updated: Jan 11, 2020
The Website and App were created to facilitate the matching of Caregivers (defined below) with Caregiverseekers (also defined below) seeking non-medical caregiver and companionship services. The term “Services,” means, collectively, the various webpages, content, application process, interactive methods, criminal background and driver record screening of Care Givers, matching recommendations for Caregivers and Caregiverseekers, user-generated content and ability to post such content, and other information or materials accessible through the Website and App. We may also connect to other websites that may provide you with information, tools and other resources.
Mandatory Arbitration Notice And Class Action And Jury Trial Waiver. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see below.
We may make changes to the content available on the Website and App at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Website and App. By using the Website and App after we have updated the Terms, you are agreeing to the then-current Terms. However, we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision.
In addition to these Terms, your use of certain Services may be governed by additional agreements.
YOUR COMPLIANCE WITH THESE TERMS
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to our Services.
OUR SERVICES ARE NOT INTENDED FOR MINORS
YOUR ACCESS AND USE OF OUR SERVICES
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
You Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
You Must Notify Us of a Breach. You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of these Terms, or any other breach of security known to you in connection with any product or service available on our Services by contacting us.
You Are Responsible for Your Decisions. We, through the Services, provide an online location through which you can obtain information and you can find and request to be matched with non-medical, Caregivers, such as assisted living, senior living, and eldercare providers (“Caregivers”). Caregivers are not our employees or agents. Caregivers may not be available even if listed on the Website or App. We do not make any final decisions as whether a Caregiver is right for you, as that is your personal decision, and we are not an agent or advisor to you or any Caregiver. It is your responsibility to investigate caregivers. You acknowledge and agree that caregivers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a caregiver’s services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any senior living decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting a caregiver.
You Acknowledge and Agree that We Are Not a Caregiver. We are not a financial institution, insurance provider, or Caregiver. Instead, we, through our Services, may help to connect you with Caregivers that might meet your needs based on information provided by you. We do not, and will not, make any final decision with any Caregiver that ask you to consider as a match.
Fees to Us for Services. Those seeking a Caregiver match via the Services (a “Caregiverseekers”) and Caregivers agree to pay a fee to use our Services; however, we are not involved with and are not responsible for any fee arrangement that a Caregiverseekers may enter into with any Caregiver. You acknowledge and agree to this compensation arrangement. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a caregiver’s services, including any fees charged by a caregiver.
FEES AND PAYMENTS
Caregivers and Caregiverseekers must pay a subscription fee for the Services (“Subscription Fees”). Subscription Fees are non-refundable, paid annually or on terms otherwise provided by us at the time of application, and are due and payable prior to receiving the Services. Caregivers and Caregiverseekers who do not pay the Subscription Fees may be removed from the Website and App at our sole discretion. We may refuse to list you as a Caregiver or permit a Caregiverseekers to use the Services unless and until you pay the Subscription Fees. There is no guarantee a Caregiver will be matched with a Caregiverseekers by subscribing to the Services. A Caregiver’s request to subscribe to our Services constitutes consent for us to request a criminal background check and copy of the Caregiver’s driving record. We reserve the right to refuse to let a Caregiver be listed on the Website or be available or considered for a match with a Caregiverseekers based on the results of a criminal background check and driving record. Subscription Fees will not be refunded to Care Givers who we do not permit to be listed on the Website or available/considered for matching due to the results of the Criminal Background Check or driving record review.
At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. We may, in our sole discretion, and by notifying you on our Services, change this policy and begin charging for access to our Services and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or changes to fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.
Our Website and App may permit you, including Caregivers, to post Caregiver reviews, articles, questions comments, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users and Caregivers to contribute information and make statements (“User-Generated Content”). Please be aware that these areas are public and not confidential. As a result, neither we nor our advertisers endorse any User-Generated Content in the Forums, and you hereby acknowledge and agree that neither we nor our advertisers have control over the User-Generated Content submission’s quality, correctness, timeliness, safety, truth, accuracy or legality by you or any other person or entity in the Forums. You may find User-Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User-Generated Content published in the Forums. It is neither our nor our advertisers’ responsibility to ensure all posts and questions submitted on the Forums are answered. Without limiting the generality of the foregoing, and although we have no duty to monitor User-Generated Content and are not responsible for such postings, we reserve the right (but not the obligation) to remove or edit any User-Generated Content in the Forums, for any reason or no reason, in our sole discretion.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS TO OUR SERVICES
If you transmit, submit or post information to our Services that is not registered as a Trademark with the United States Patent and Trademark Office and/or registered with the US Copyright Office as a copyrighted work, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to our Services that is registered as a Trademark with the United States Patent and Trademark Office and/or registered with the US Copyright Office as a copyrighted work, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
OUR INTELLECTUAL PROPERTY RIGHTS
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, materials, results, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, forms, reports, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
YOUR USE OF THE CONTENT
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of one print copy for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms, is permitted by you without our prior written permission.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.
The following activities are expressly prohibited on the Website and App:
- Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
- Posting false, misleading, or fraudulent statements or content.
- Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Website, App, or Services.
- Collecting personal information of other users of the Website or App without that user’s consent.
- Engaging in activity that compromises the Website or App. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
- Engaging in any activity designed to impede the use of the Website and App by other users, including overloading and flooding.
- Framing or deep linking into the Website or App.
- Accessing the Website of App by means of automated process, spiders, bots or similar device.
When you visit the Website and App, post User Generated Content or material to the Website and App or send e-mails to us, you are communicating with us electronically. By using the Website and App or creating an account, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website or App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may unsubscribe to such electronic communications by following the instructions on the email itself, or by contacting us below.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of our Services.
THIRD PARTY LINKS OR ACCESS
There may be provided on our Services links or access to other websites or mediums belonging to our advertisers, business partners, affiliates, Caregivers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We are not responsible for examining or evaluating any third party products or services and we do not warrant their offerings. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Caregiver or other third party on or through our Services are the best terms or lowest rates available in the market.
If we provide aspects of our Services via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of these Terms and other agreements within the application apply to your use of such application.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Website or App of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Owner’s agent for notice of claims of copyright infringement on the Services can be reached as follows:
Bloom App, LLC.
5415 Cowhorn Creek Road
Texarkana, Texas 75503
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT
The content and all services are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our services or the information, content, materials or services included on or associated with our services. You expressly agree that your use of our services is at your sole risk.
We do not make, and expressly disclaim, any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services, or the safety, reliability, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the services. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the content and the services. We make no representation, warranty or guarantee that the content that may be available for downloading from our services is free of infection from any viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We do not make any representations, warranties or guarantees, express or implied, regarding any match requests provided on or through our services.
Without limiting the foregoing, you acknowledge and agree that we are not a financial institution, insurance provider, credit card provider, senior living provider or other caregiver. You acknowledge and agree that we are solely an intermediary between you and such caregivers and, therefore, we expressly disclaim any and all liability for any content, products or services provided by such caregivers.
NO PROFESSIONAL ADVICE
The information provided with the services is provided to you for educational and informational purposes only. Any information found on the services is not a substitute for obtaining specific medical, legal, financial, or other professional advice and you use such information solely at your own risk. Always seek the advice of a physician, attorney, financial, advisor or other professional or licensed advisor. Never disregard medical, legal, financial, or other professional or licensed advice or delay in seeking it because of something you have read on the services.
Nothing stated or posted on the website and app or available through any services is intended to be, and must not be taken to be, the practice of medicine or law; or financial, professional, or licensed services. For purposes of these terms, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice. Caring provides no assurances that the information contained in the website and app will always include the most recent findings or developments with respect to the particular material.
Your access or use of our Website and App and our Services does not create in any way a physician/patient, attorney/client, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, attorneys, advisors, caregivers, procedures, opinions, advice, or other information that may appear on our Website and App. If you rely on any of the information provided by our Website, App, Services, our employees, consultants, or the Website and App’s guests or visitors, you do so solely at your own risk.
The Content is intended only to assist you with senior living decisions and is broad in scope and does not consider your personal situation. Your personal situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, we recommend that you obtain additional information and advice from your physician, accountant and other financial advisors who are fully aware of your individual circumstances.
LIMITATIONS ON OUR LIABILITY
To the furthest extent permitted by applicable law, we shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of these terms; (ii) Your access and use of our services; (iii) your delay in accessing or inability to access or use our services for any reason; (iv) Your downloading of any of the content or the collective work for your use; (v) Your reliance upon or use of the services, content or the collective work, or any information. Content or services obtained through our services, or otherwise arising out of the use of our services, whether resulting in whole or in part, from breach of contract, tortious behaviour, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages. Our liability and the liability of our affiliates, directors, officers, employees, independent contractors, members, representatives, and agents arising out of any claim, Lawsuit or Arbitration Arising Out of or Based On the Services, Content, Or These Terms Shall Not Exceed One Thousand Dollars ($1,000.00).
You Specifically Acknowledge That We Shall Not Be Liable for User Generated Content or The Defamatory, Offensive or Illegal Conduct of Any Third Party, And That the Risk of Harm or Damage from Such User Generated Content and Third-Party Conduct Rests Entirely with You.
You and We Agree That Any Cause of Action Arising Out of or Related to Our Services Must Commence Within Two (2) Years After the Cause of Action Accrues. Otherwise, Such Cause of Action Is Permanently Barred.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Texas shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
YOUR INDEMNIFICATION OF US
You shall defend, indemnify and hold harmless us and our officers, directors, members, employees, independent contractors, agents, representatives and affiliates from and against all claims, damages, costs and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of these Terms by you; (ii) (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (iv) (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (v) any personal injury, death or property damage caused by you.
AMENDMENTS OF THESE TERMS
We reserve the right to update, amend and/or change these Terms at any time in our sole discretion and without notice. Updates to these Terms will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit these Terms from time to time in order to review any changes that have been made. The date on which these Terms was last updated will be noted immediately above these Terms. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts of record located in Texarkana, Texas. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in these Terms.
ARBITRATION/CLASS WAIVER/OPT OUT CLAUSES
- Except for claims for injunctive relief by us as described above, you and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents, whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of these Terms, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
- You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. We agree the location of the arbitration shall be in Texarkana, Texas and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules.
- The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
- You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under these Terms with a claim that is not eligible for arbitration under these Terms. You and we agree to waive the right to a trial by jury for all disputes.
- You may opt out of these Terms to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first became subject to these Terms to Arbitrate, either by U.S. mail delivered to: Attn: President., Bloom App, LLC, 5415 Cowhorn Creek Road, Texarkana, Texas 75503 or by email delivered to contactus@SeniorCareOnline.com.You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms to Arbitrate.
- These Terms to Arbitrate will survive the termination of your relationship with us.
- Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal courts located in Texarkana, Texas. You and we submit to the personal jurisdiction of the courts located within Texarkana, Texas for the purpose of litigating all such claims or disputes.
- Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to these Terms to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to these Terms to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email.
If any portion of these Terms are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, shall survive your acceptance of these Terms and the termination of these Terms.
If you have questions, comments, concerns or feedback regarding these Terms or our Services, please contact us here.
Bloom App, LLC
5415 Cowhorn Creek Road
Texarkana, Texas 75503
or by email delivered to contactus@SeniorCareOnline.com