Terms of Service
Effective Date: September 17, 2019
These Terms of Service (“Terms”) are a legal agreement between you and Carina, a Washington nonprofit corporation with offices at 215 Columbia Street, Seattle, WA 98104 (“Carina”) that governs your access and use of the Carina service offered through http://www.carinacare.com (“Site”). The Carina service and the Site (collectively, the “Service”), however branded, is provided by Carina.
These Terms apply to your use of the Service even if you access the Service through a third party who does not display the Site’s web address. Please read these Terms carefully. IF YOU WISH TO ACCESS OR USE THE SERVICE, EVEN IF YOU DO NOT REGISTER, YOU MUST AGREE TO THESE TERMS. If you do not agree to the Terms, any access or use of the Service by you is unauthorized, and you should stop accessing or using the Service immediately. Your continued access or use of the Service will constitute assent to these Terms. Registering as a Carina user will confirm your assent.
By checking the box to accept the Terms of Service, you will become a registered user of the Service (a “Registered User”) and you agree to be bound by the terms and conditions of these Terms for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS, REGISTER, OR USE THE SERVICE. If Carina needs to make a material change to these Terms, we will provide advance notice to you by e-mail or by posting a message on the Service. If you do not agree to the proposed changes, you may (as your sole remedy) discontinue your use of the Service and/or delete your information from our active files.
1. Requirements for Registered Users
You must meet certain requirements to enroll as a Registered User.
a. If you are seeking in-home care, registration is limited to residents of the United States of America (“United States”).
b. If you receive in-home care through a publicly funded program, Carina will verify your status before you can access certain parts of the site.
c. If you are an experienced or certified in-home care provider (“Care Provider”), to register for the Service you must be verified in your State as (i) an individual provider of home care services, and be contracted with the applicable social or health services department in your State, OR (iii) have had an active home care employment relationship in the last 12 months in your State.
d. If you are interested in becoming a home care provider, you must be permitted to legally work within the United States.
e. If you are an administrator of a home care program, an agency employer or a community organization, registration is limited to those who receive an invite and are verified by Carina staff.
f. If you are using the site to seek care or provide care, you must not have been arrested or convicted of any offense that endangered the safety of others.
You represent and warrant that you meet the above requirements and will continue to meet the above requirements for the entire period that you are a Registered User. If at any time you do not meet the above requirements, your license to use the Services will immediately terminate, and you must stop using the Services and notify Carina immediately.
By creating an account on Carina as a home care worker or individual provider, you agree that in addition to the information you provide Carina for verification, we may collect and present you with additional profile data about you obtained from third parties during the verification process that you may edit and update.
Carina reserves the right to introduce additional requirements, from time to time and in Carina’s sole discretion, to introduce new requirements for Registered Users.
2. The Site Does Not Provide Medical Advice
All the contents of the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should ask your doctor about any medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on the Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Carina, Carina employees, others appearing on the Site at the invitation of Carina, or other visitors to the Site is solely at your own risk.
3. User Responsibilities
You are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate care provider for yourself or your family. Carina does not have control over and cannot recommend the quality, timing, or legality of the services actually delivered by a care provider, or of the integrity, responsibility or actions of Registered Users.
4. Offensive Material Warning
The Site may contain health- or medical-related materials that are offensive to some individuals. If you find these materials offensive, you may not want to access the Site.
5. Minimum Age to Use the Service
You must be 18 years or older to use the Service. If you are not 18 years or older, please do not attempt to register as a Registered User or continue to access the Service. The Service is generally intended for use only by users 18 years or older. This Service is not directed to children, and we do not knowingly collect any personally identifiable information from children under 13 years of age through the Service.
6. Exclusive Use
Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
7. Online Conduct
The purpose of the Service is to provide care-related content, information and services. As a Registered User, you agree that:
a. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner ("post") on the Service, or transmit to other Registered Users.
b. You will not post on the Site, or transmit to other users, any defamatory, abusive, suggestive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, libelous, religiously, ethnically or racially offensive or objectionable or illegal material. Nor will any discrimination based on gender or sexual orientation be tolerated.
c. You will use professional best practices and courtesy when interacting with other Registered Users including responding promptly to messages, promptly declining jobs or providers you are not interested in working with, and being respectful of scheduled interviews or meetings over the telephone or in person.
d. You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Registering as a Registered User and use of the Service is void where prohibited.
e. You will not provide inaccurate, misleading or false information to Carina or to any other Registered User. If information provided to Carina, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify Carina of such change.
f. You will only create one unique profile with the Service.
g. You will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service, other than in-home care services. You will not transmit any chain letters or e-mails that offer or promote commercial goods, services, business opportunities or the like to other Registered Users.
h. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
i. You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service.
j. You understand that Carina makes no guarantees, either express or implied, regarding your well-being through the Service.
k. If you learn about any violation of these Terms by another Registered User, you will promptly report the violation to Carina.
l. Carina reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. Carina has the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms. Notwithstanding this right of Carina, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL AND OTHER MESSAGES.
8. Provision of Care
If you are a Care Provider (as defined in Section 1), you acknowledge and agree that Carina is not your employer and nothing in these Terms will be construed to create a partnership, joint venture, agency, employment, or any other relationship between you and Carina. You will not represent yourself to be an employee, representative or agent of Carina.
AS A CARE PROVIDER, YOU ARE SOLELY RESPONSIBLE FOR YOUR PROVISION OF CARE TO ANY RECIPIENT OF IN-HOME CARE (“CLIENT”) AND YOU HEREBY RELEASE AND AGREE TO INDEMNIFY CARINA FROM ANY LIABILITY ARISING FROM ANY ACTS OR OMISSIONS RELATED TO YOUR PROVISION OF CARE.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING NECESSARY AUTHORIZATIONS, IF REQUIRED, FROM A CLIENT'S SOCIAL OR HEALTH SERVICES DEPARTMENT CASE MANAGER IN THE APPLICABLE STATE TO PROVIDE SERVICES TO THE CLIENT. IF YOU DO NOT OBTAIN AUTHORIZATION FROM A CLIENT'S SOCIAL OR HEALTH SERVICES DEPARTMENT CASE MANAGER IN THE APPLICABLE STATE TO PROVIDE THE SERVICES, YOU MAY NOT BE ABLE TO RECEIVE PAYMENT FOR THOSE SERVICES.
9. Text Messages
Certain features of the Services (such as text message notifications) may require text messaging (SMS or MMS) capability. We do not impose a separate charge for text messaging services but message and data rates may apply. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Carina is not liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service provider. Text messages are provided on an “as is” basis and may not be available in all areas at all times.
Once you opt-in to receive text messages from us, the frequency of text messages that we send to you will depend on your transactions with us. By agreeing to receive text messages, you understand and agree that Carina may use an automatic telephone dialing system to deliver text messages to you and that your consent is not required as a condition of purchase for any goods or services.
10. Online Third Party Content
Opinions, advice, statements, offers, or other information or content made available by third parties through the Service are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. CARINA DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SITE, AND (ii) ADOPT, ENDORSE, NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARINA ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES WILL CARINA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED OR BY ANY REGISTERED USERS.
11. Unauthorized Users
It is possible that other Registered Users or unauthorized users may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to collect personal information about you that you make publicly available through the Site, and to use such information to harass or injure you. Please carefully select the type of information that you post on the Site’s public forum (such as web chats, blogs, and community forums) or release to others. Carina is not responsible for use by third parties of any personal information that you disclose on the Site’s public forum.
12. Proprietary Rights
a. Carina owns and retains proprietary rights in the Service. The Site contains copyrighted material, trademarks, and other proprietary information of Carina, its licensors and licensees. In addition, other Registered Users may post copyright protected material, which has copyright protection whether or not it is identified as copyrighted. Except for content that is in the public domain or for which you have been given permission to exercise specific rights, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The name “Carina” and the Carina Logo, and other trademarks that may be used on the Site, are trademarks of Carina or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Carina that appear on this Site are the property of their respective owners.
b. By posting information or content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Carina and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your accounts and passwords; and (3) promptly inform Carina and, if applicable, your third party service provider, of any need to deactivate a password. You grant Carina and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Carina cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Carina’s tools and services. You agree to notify us immediately at email@example.com if you suspect any unauthorized use of your account or the Service, or any other breach of security.
15. Disclaimer of Warranties
a. CARINA PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. CARINA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b. CARINA DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. CARINA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
c. CARINA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF THE SERVICES TO PROVIDE OR RECEIVE THE IN-HOME CARE SERVICES.
16. Limitation of liability and exclusion of certain damages
a. IN NO EVENT SHALL CARINA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CARINA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CARINA'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID FOR YOUR ACCOUNT. Notwithstanding the foregoing, the potential liability of Carina to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to Carina for your use of the Service.
b. IN NO EVENT SHALL CARINA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE. YOU AGREE TO ASSUME THE RISK OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING REGISTERED USERS, THROUGH THE SERVICE.
The foregoing limitations and exclusions apply to the extent permitted under applicable law.
17. Indemnity by Registered User
You agree to indemnify, defend and hold harmless Carina and its officers, directors, agents and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature, including attorneys’ fees, arising out of or in connection with your access or use of the Service, breach of these Terms, violation of any law or regulation, or violation of any rights of another party.
To resolve a complaint regarding the Service, you should first contact Carina via e-mail at firstname.lastname@example.org.
Either you or Carina may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Carina reserves the right immediately to suspend or to terminate your access to the Service, without notice, if in Carina's sole discretion it believes you have violated any Section of these Terms which is brought to Carina's attention. In the event your access to the Service is suspended due to the breach of these Terms, you agree that all fees then paid to Carina by you shall be nonrefundable. Following any termination hereof, Carina reserves the right to send a notice that you have been terminated to other Registered Users.
If you have any questions or concerns about your account or the termination of your account or would like the termination of your account to be reviewed, please contact our Compliance Officer at Officer at email@example.com.
20. Digital Millennium Copyright Act Copyright Notice and Takedown Policy
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide our copyright compliance officer with the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the copyrighted work you claim has been infringed, or, if multiple copyrighted works are covered by a single notifcation, a representative list of such works; (3) a description of the material that you claim is infringing and where that material be accessed within the Service; (3) your contact information including address, telephone number and e-mail address; (4) a statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Our copyright compliance officer may be reached as follows:
Carina Compliance Officer
215 Columbia St., Seattle WA 98104
Please note that under Section 512(f) of the Digital Millennium Copyright Act (“DMCA”), any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.
21. International Use
The Service, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Service are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access Service from a location outside the U.S., you do so at your own initiative and you are responsible for compliance with local laws.
22. Links to Other Websites
The Site contains links to other websites that we think may be of interest to you. We do not endorse or sponsor any third party websites or the information, products, or services contained on any third party websites and we have no control over third party websites or their content. Remember that when you link to another website, that other website is governed by its own user agreement and privacy statement, which you should be sure to read. Access to and use of any third-party website is solely at your own risk.
23. Site Availability and Support
You may access the Site if and when it is available. We do not guarantee availability of the Site or of materials on the Site. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any feature of the Site at any time and without notice. We have no obligation to provide support in relation to the Site or Content.
Carina may give you all required notices, including legal process, by any lawful method, including by posting notices on the Site or by sending it to any e-mail address that you provide to Carina. You agree to send Carina notices by mailing them to the following address:
215 Columbia St.
Seattle, WA 98104
25. General Provisions
You agree that Washington law (regardless of conflicts of law principles) shall govern these Terms, and that any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the federal and state courts in the Western District of Washington, other than for actions to enforce any order or judgment entered by such courts.
These Terms, accepted upon registration for the Service, contains the entire agreement between you and Carina regarding the use of the Service. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. You may not assign or delegate any right or obligation under these Terms without the prior written consent of Carina. The failure of Carina to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions or concerns about these Terms of Service, please feel free to contact us.
215 Columbia Street
Seattle, WA. 98104