Terms of Use
Description of Services; Limitations; User Responsibilities.
About Our Services. CareLoop offers various Services to help its users (“Users” and each a “User”) find, coordinate, and maintain quality home health care. The Services we offer include, among others:
We provide a platform for individuals seeking home healthcare services (each “Care Seekers”) to post jobs on the Site, and to search for, narrow, find, and communicate with individuals and entities who provide such care services (“Care Providers”), and for Care Providers to post profiles on the Site and browse, search, and apply to jobs.
We provide tools and information to help Care Seekers and Care Providers make more informed decisions, such as: (i) safety guides and resources; (ii) verification dashboards on Care Provider profiles, which enable Care Seekers to check the status of a Care Provider’s verifications, and (iii) a process for Care Seekers to obtain background check reports from third-party consumer reporting agencies on individual Care Providers who consent to the running and sharing of those reports.
We provide an online community for Users to communicate and share information with other Users who share a common interest or bond.
Through Stripe, Inc., (“Stripe”), a third party, we offer a service that facilitates the payment of Care Providers by Care Seekers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, Care Providers and Care Seekers agree to use the payment service and to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of CareLoop enabling payment processing services through Stripe, you agree to provide CareLoop accurate and complete information about you, and you authorize CareLoop to share it and transaction information related to your use of the payment processing services provided by Stripe. CareLoop assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
We may offer services that utilize generative artificial intelligence (“AI”) technology to provide content summarization, chat assistance, and related services (“AI Services”). By using these features, you acknowledge and agree that the AI Services may process, analyze, and generate responses based on content you provide, upload or input. All content, summaries, and responses provided by these AI Services come from automated systems and should be considered informational only. AI Output may contain inaccuracies, errors, or incomplete information. You are solely responsible for reviewing, verifying, and validating any AI Output before relying on it for any purpose.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
Limitations of our Services. We offer Services to help our Users find, coordinate, and maintain care for their families. However, except where specifically provided in these Terms or on the Site itself:
We are not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider, or other User of the Site or Services.
Care Seeker content is User generated. We do not control or vet User-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
We do not refer or recommend Care Seekers or Care Providers nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility, or actions of Care Seekers or Care Providers whether in public, private, or offline interactions. Any screening of a Care Seeker and his or her information by CareLoop is limited and should not be taken as complete, accurate, up-to-date, or conclusive of the individual’s or entity’s suitability as an employer or care provider.
We are not an employment agency, and we do not secure or procure employees for any Care Seekers, nor do we secure or procure opportunities for employment for any Care Providers.
We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Care Providers, nor do we require Care Providers to accept or work any jobs or deliver any services at all.
We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
We may offer certain Users the opportunity to verify certain information such as their email address, cell phone number, or other information. If we indicate that certain information has been verified, it means that the User has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate, complete, or that it belongs to the User who supplied it.
Please review carefully the Release of Liability Form Third-Party Content and Conduct in Section 9 for important limitations on CareLoop’s liability to which you are agreeing by using the Site and Services.
User Responsibilities. Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker for themselves or their family. Each Care Seeker is responsible for complying with all applicable laws in connection with any relationship they establish with a Care Provider, including verifying the age of the Care Provider they select as well as such Care Provider’s eligibility to work in the US.
Eligibility to Use the Site and Services. By requesting to use, registering to use, and/or using the Site or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant, to the fullest extent allowed by applicable federal and state laws, that you meet the following eligibility criteria:
You intend to use the Site and Services solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
Our Services are available only to individuals who are 18 years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico.
If you are registering to be a Care Provider, you must be legally permitted to work within the United States or Puerto Rico.
Neither you nor any member of your household may have ever been:
the subject of a conviction, arrest, charge, complaint, restraining order, or any other legal action involving: (i) any felony; (ii) any criminal offense involving theft, drugs, violence, or physical, sexual, or emotional abuse or neglect; (iii) any offense, violation, or unlawful act that involves endangering the safety of others (whether intentionally, recklessly, or negligently), fraud, dishonesty, or deception; or
registered, or currently required to register, as a sex offender with any government entity.
Should CareLoop become aware that a User does not meet these eligibility criteria, it may take (but is not required to take) any action it deems appropriate, including without limitation requesting additional information, performing additional screenings or verifications, or terminating the User’s account pursuant to Section 5. Notwithstanding the foregoing, and in accordance with Section 11, nothing in this Section 2 should be construed as a representation, warranty, or guarantee by CareLoop that all Users of the Site or Services meet these eligibility criteria or that any Care Seeker or Care Provider is safe, eligible, or suitable for any purpose.
Rules for User Conduct and Use of Services.
Registration, Posting, and Content Restrictions. The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to CareLoop or to other Users or Site Visitors, or that other Users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews, or profiles that you publish or display (hereinafter, “post”):
Any Content that you post, upload, or transmit to or through the Site or Services is solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
Unless otherwise permitted by CareLoop, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
You are solely responsible for any Content that you post on the Site or transmit to other Users of the Site, including Content that you may develop, post or transmit with the assistance of tools (including AI) that CareLoop may offer from time to time. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from CareLoop where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to CareLoop or to any other User of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
You understand and agree that CareLoop may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of CareLoop violates these Terms or which CareLoop determines in its sole discretion might be impertinent, offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site, Services, or others.
You have the right, and hereby grant, to CareLoop, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by CareLoop will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of CareLoop and we may use all such communications, all without notice to, consent from, or compensation to you.
Hold Harmless. Users hereby represent, understand, and agree to hold CareLoop harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site, the Services, or in any other venue. Under no circumstances will CareLoop or its Affiliates be responsible for any loss or damage resulting from: (i) your reliance on information or other content posted on the Site or transmitted to or by any User of the Site or Services; or (ii) reviews or comments made about you on the Site or through the Services by other Users.
Disclaimer. As Care Seeker and Care Provider Content is primarily User generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Care Providers or Care Seekers on or off the Site or Services, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Opinions, advice, statements, offers, or other information or content made available on or through the Site or Services, but not directly by CareLoop, are those of their respective authors. Such authors are solely responsible for such content. CareLoop does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Services; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Services.
No Removal Obligation. You agree that CareLoop has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
Exclusive Use. If you are a Care Seeker, you may use the Site and Services only to find care for yourself, your parents, your children, your grandchildren, or individuals for whom you are otherwise the legal guardian. If you are a Care Provider, you may use the Site and Services only to find care jobs for yourself. You are responsible for all activity on and use of your account that you create through the Site and Services, if applicable, and you may not assign or transfer your account to any other person or entity, or permit any other person or entity to use your account.
Prohibited Uses. By using the Site or Services of CareLoop, you agree that you will not under any circumstances:
use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by CareLoop;
harass, abuse, or harm another person or group, or attempt to do so;
use another User’s CareLoop account;
provide false or inaccurate information when registering an account on CareLoop, using the Services or communicating with other Users;
attempt to re-register with CareLoop if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
interfere or attempt to interfere with the proper functioning of CareLoop’s Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
use the communication systems provided by or contacts made on CareLoop for any commercial solicitation purposes other than those expressly permitted by CareLoop;
publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
Remedies. In order to protect our Users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages a User may send in any 24-hour period to an amount which we deem appropriate in our sole discretion. Should CareLoop find that you violated the terms of this Section or any terms stated herein, CareLoop reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that CareLoop may assess, and you will be obligated to pay, $1,000 each day that you: (i) maintain Care Provider or Care Seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site; or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights CareLoop may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, CareLoop reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
Background and Verification Checks.
Background Checks. CareLoop may offer to individuals who have registered as Care Providers and Care Seekers one or more background check services from third-party consumer reporting agencies (“Background Checks”). These Background Checks may include, among other things, criminal history information checks, motor vehicle record checks, social media and online presence checks. Certain Background Checks may be made available for purchase by both Care Seekers and Care Providers, while others may only be made only be available for purchase by Care Seekers or Care Providers. All Background Checks require payment of a separate fee by the User who is initiating the Background Check request and are subject to the consent of the Care Provider on whom the check is being performed.
Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
CareLoop will receive a copy of each Background Check you order or authorize through CareLoop. See Section 4.3 for information regarding CareLoop’s use of these Background Checks. You are responsible for making sure that the email address you provide to CareLoop is correct, knowing that sensitive information will be sent to it. If you are a Care Provider and you authorize a third-party Background Check ordered by a Care Seeker, the results of that Background Check will be made available to the Care Seeker who ordered it, regardless of its contents, and without your prior review or approval. If you are a Care Provider and you have ordered a Background Check on yourself from a third-party consumer reporting agency through CareLoop, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or User without your specific authorization.
Special Responsibilities of Users of Background Checks under FCRA. The use of any Background Check reports obtained through the Site is governed by FCRA and applicable state laws. If you order or request access to Background Check on a Care Provider, you are considered an End User of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained the background check can be found at https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.
In addition to your obligations under FCRA, you may have other obligations under state and local consumer reporting laws, credit laws, and/or employment laws. You agree to comply with these laws, and you agree not to request any Background Check for any purpose or at any time prohibited by such laws. You further agree not to use any Background Check for any false, fraudulent, or discriminatory purpose, or to consider any information you may receive in connection with any Background Check that you may not consider for employment purposes under such laws.
If there is negative data in a check you receive, and you choose to take “adverse action” (i.e., if you choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific Background Check you order, CareLoop may provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. Where such a mechanism is not available, you are responsible for making any required notifications yourself. If the subject contests the report with the consumer reporting agency, you are required to suspend the Care Giver-seeking process while the agency researches the accuracy and completeness of the report.
In certain states, counties, or municipalities, if you decide to take an adverse employment action against someone you are considering hiring or have already hired, you may be required to provide the applicant with an individualized assessment explaining why the results of the Background Check disqualify them from performing required job duties. Contact your local labor department for further information.
CareLoop May Review and Use Background Checks You Order or Authorize About Yourself. By registering for and using the Site or Services as an individual Care Provider, and subject to your authorization, you acknowledge and agree that CareLoop may, but is not required to, review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and its Users, which may, in the case of certain Care Providers, be considered an employment purpose pursuant to the FCRA. CareLoop reserves the right to terminate your account based on the information contained in such report, even if such information was subsequently dismissed. If CareLoop terminates your account or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand, and expressly agree that CareLoop does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not CareLoop.
CareLoop May Order and Use Background Screenings About You. By registering for and using the Site or Services as a Care Seeker or Care Provider, you hereby acknowledge and agree that CareLoop has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its Users (“Preliminary Screens”), which may, in the case of certain Care Providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Care Provider, CareLoop may order these screenings when you register with CareLoop and periodically thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other Users, posting or updating a job or profile, ordering or authorizing a Background Check, etc.). These Preliminary Screens may also be regulated by FCRA, and the background reports resulting from these services may be considered “consumer reports” under FCRA. You understand and agree that CareLoop may review the information provided by the third-party consumer reporting agency and that CareLoop retains the right to terminate your CareLoop registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If CareLoop terminates your account or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand, and expressly agree that CareLoop does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not CareLoop) within the time period specified in your notice. Notwithstanding this, you agree that CareLoop is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE AND/OR SERVICES, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARELOOP TO PERFORM THESE INTERNAL PRELIMINARY SCREENS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE PRELIMINARY SCREENS TO BE PERFORMED, YOU SHOULD NOT USE CARELOOP.
CareLoop May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties. By registering as a Care Provider or Care Seeker, you agree that CareLoop has the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your identity and registration data are accurate, and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). By becoming a User and agreeing to these Terms, you authorize CareLoop to request these Verification Checks and use them in connection with your CareLoop account. The third parties who perform these Verification Checks may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, cell phone records databases, and other data. Additionally, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CareLoop or its service providers for the duration of your business relationship with us, solely to help identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data. You agree that CareLoop may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for CareLoop. You also hereby represent, understand and expressly agree that CareLoop does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARELOOP TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARELOOP.
Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Preliminary Screens, and Verification Checks. SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched. This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through CareLoop; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records). In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless CareLoop from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that CareLoop has no obligation to perform Background Checks, Preliminary Screens, or Verification Checks on any Users. To the extent CareLoop performs such checks on certain Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Users have provided or of their eligibility to use the Services.
Termination. CareLoop reserves the right, in its sole discretion, to immediately terminate your access to all or part of the CareLoop Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with CareLoop, with or without notice for any reason or no reason in its sole discretion, including without limitation if CareLoop should determine that you are not eligible to use the Services, have violated any terms stated herein, are not suitable for participation as a User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, CareLoop shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. You understand and agree that, following any termination of any individual’s use of the Site or the Services, CareLoop has the right, but not the obligation, to send a notice of such termination to other Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
Privacy. CareLoop uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy [https://careloopapp.com/legal/privacy-statement], the terms of which are incorporated herein.
Links To External Sites. Links from the Site to external sites (including external sites that are framed by CareLoop) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by CareLoop of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for Users’ reference and convenience. CareLoop does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or CareLoop’s Privacy Policy. CareLoop expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold CareLoop harmless from any liability that may result from the use of links that may appear on the Site.
Fees. In order to utilize some CareLoop Services or product offerings, the User of such Services or product offerings must pay CareLoop fees. In addition, the User is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
Billing Authorization. You agree to pay CareLoop all charges associated with the Services, as described on the Site at the time you submit your payment information. You also authorize CareLoop, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen Services. CareLoop reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize CareLoop to charge your chosen payment provider for the Services and/or products you purchase. You agree that if CareLoop already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase. CareLoop reserves the right to establish or change fees for any or all services or goods obtained through the use of the Site and/or Services at any time. CareLoop will use reasonable efforts to inform you of such fees, but you will be responsible for all fees incurred under your account regardless of your specific awareness of those fees.
Refund Policy. Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for Services or other products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used services or products, even if you close your account or cancel your service or product. Moreover, you understand and agree that if CareLoop terminates your account or cancels a feature, product, or service you have purchased based on our determination (which we may make in our sole discretion), that you: (i) are not eligible to use the Services; (ii) have violated any terms stated herein; (iii) are not suitable for participation as a User; (iv) have misrepresented yourself or your identity; or (v) have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, you will not be entitled to a refund of all or any unused portion of your purchase.
Release of Liability for Conduct and Disputes. By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold CareLoop and CareLoop’s members, managers, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or resellers (collectively, “Affiliates”) harmless from any claim or controversy that may arise out of:
the actions or inactions of, or the relationship between, you and any Care Seeker, Care Provider, or other Users of the Site or Services; and
any information, instruction, advice, or services created by any Care Seeker, Care Provider, or other third party that appeared on, or was communicated through, the Site or Services.
CareLoop and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
Age Restrictions. CareLoop is intended for people 18 or over. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
Disclaimers; Limitations; Waivers; Indemnification.
No Warranty. The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by CareLoop, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CARELOOP DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARELOOP; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARELOOP EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, CARELOOP MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.
Assumption of Risk. While CareLoop takes certain steps to help promote the safety of our Site and Services, finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Care Seekers or Care Providers, and we cannot guarantee that all of your interactions with other Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with Users of the Site or the Services. You also agree not to rely solely on steps CareLoop may take to vet or screen Care Providers or Care Seekers and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in CareLoop’s safety information, when interacting with other site visitors, Users, their families, and others associated with them.
Limitations of Liability.
Incidental Damages; Aggregate Liability. In no event will CareLoop be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if CareLoop, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CARELOOP’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU TO CARELOOP, OR, IF YOU HAVE NOT PAID CARELOOP FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF $25.00.
No Liability for non-CareLoop Actions. IN NO EVENT WILL CARELOOP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. CareLoop makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Indemnification. By agreeing to these Terms, Users of the Site and Services agree to indemnify, defend and hold harmless CareLoop and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by CareLoop and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) materials and content you submit, post, or transmit through the Site; (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law; or (iii) any relationship or agreement formed with a Care Seeker or Care Provider using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. CareLoop and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of CareLoop. Users further agree to hold harmless CareLoop and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.
Agreement to Arbitrate. This Section 12 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 12.7 below, you agree that all claims relating to or arising out of these Terms or the breach thereof other than those expressly set out in Section 12.3, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and CareLoop, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND CARELOOP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. EXCEPT FOR AS SET FORTH IN SECTION 12.6, UNLESS BOTH YOU AND CARELOOP EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST CARELOOP AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER CARELOOP USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Pre-Arbitration Dispute Resolution. CareLoop is always interested in resolving Disputes amicably and efficiently. Accordingly, both parties acknowledge and agree that before they commence arbitration, they will first make a good faith effort to resolve such Dispute informally. Such informal resolution requires first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following address: CareLoop, LLC, Attn: Legal Department, feedback@careloopapp.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the Dispute; the specific relief sought; and proof of your relationship with CareLoop. If the Dispute is not resolved within sixty 60 days after receipt of the written description of the notice, you and CareLoop agree to follow the resolution procedures for any Dispute described in this Section 12. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding (each, a “Claim”). The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
Arbitration Procedures. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration (except as otherwise specifically provided herein) and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”), including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions, as modified by this Arbitration Agreement. For information on NAM, please visit its website, https://www.namadr.com/. Information about NAM’s Rules and fees can be found at https://www.namadr.com/resources/rules-fees-forms/. If there is any inconsistency between the NAM Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court. If you are a CareLoop registered User, any demand initiating arbitration, whether filed by you or CareLoop, must include the email address you used to register with CareLoop. For all U.S. residents, the arbitration shall be held: (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in the United States (unless otherwise agreed by the parties). If the value of the relief sought is $10,000 or less you or CareLoop may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CareLoop subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or CareLoop, unless the arbitrator requires otherwise. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. Except for decisions in arbitrations that are joined together in a single batch as described in Section 12.6, an arbitrator shall not be bound by rulings in prior arbitrations involving different CareLoop Users, but is bound by rulings in prior arbitrations involving the same CareLoop User to the extent required by applicable law.
Notwithstanding the parties’ decision to resolve all Claims through arbitration, each party retains the right to: (i) elect to have any Claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights, including without limitation any patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this Section 12.3 shall automatically be stayed pending the outcome of such action.
Costs of Arbitration. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CareLoop will pay as much of any filing and hearing fees in connection with the arbitration in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claims were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the arbitrator’s rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for all other fees, including your own attorneys’ fees, unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Mass Filing Procedures. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firms or organizations are submitted to NAM against CareLoop within reasonably close proximity (“Mass Filing”), the parties agree: (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by CareLoop and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with CareLoop and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless CareLoop otherwise consents in writing, CareLoop does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 12.6. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor CareLoop shall be entitled to arbitrate any claim that is a part of the Mass Filing.
The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of five mediators, with CareLoop and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, CareLoop, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either CareLoop or any remaining claimant may opt out of the arbitration process and have the demands proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither CareLoop nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of the “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new CareLoop Users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. You must mail the Opt-Out Notice to CareLoop, Inc., Attn: Legal Department, feedback@careloopapp.com. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the CareLoop account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, CareLoop will likewise not be bound by these arbitration provisions. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. All other terms of these Terms will continue to apply.
Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any material change to this Arbitration Agreement in the future, such change shall not be effective until 30 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against CareLoop prior to the effective date of the change, but will apply to all claims not yet filed regardless of when such claims may have accrued. If CareLoop changes this Arbitration Agreement, any failure to opt out within 30 days of such changes will be deemed acceptance of those changes.