SWORN CARE

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.

     These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the Sworn Care website and or services. Some services are subject to additional rules, policies, and terms and conditions, which you may be required to agree to as a condition of using those Services. In such a case, the additional terms applicable to some services would be set forth in the printed or online service materials.

Please carefully read these terms of use before using Sworn Care website and services. By using Sworn Care website and services you agree and understand to accept these terms whether or not you register as a user of Sworn Care website or various services.

     This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Sworn Care LLC to binding and final arbitration, unless you opt out of the Agreement to Arbitrate within 30 days after the date you first use Sworn Care website and services. If you have opt -out you will only be permitted to pursue claims against Sworn Care LLC on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

These Terms includes Sworn Care Privacy Policy, If you object to anything of these "Terms", the "Privacy Policy" or any applicable additional terms, please do not use the Sworn Care website or services.

Please note* that these terms as with our privacy policy are subject to change at any time, subject to the following notification process. We will notify you via email or by posting such change on our website. Any use of Sworn Care website and services by you after the effective date of any changes will constitute your acceptance of such changes. 

   

ELIGIBILITY TO USE SWORN CARE LLC 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 that you meet the following eligibility criteria:

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• 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 eighteen (18) years of age or older. 

• 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 reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where our subsidiaries or affiliates offer similar services.

• If you are registering to be a Care Provider, you must be permitted to legally 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:

• any felony, criminal offense involving violence, sexual, physical, neglect, emotional abuse, drugs, and theft.

• any offense, unlawful act that involves endangering the safety of others, violation, dishonesty, fraud, or negligent or reckless conduct.

• ​​registered, or currently required to register, as a sex offender with any government entity.

• The State of Kansas, if you provide child care services you must not be a licensed day care provider or provide your services outside the child’s home.

• If you are an individual seeking to hire caregivers you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the currrent calender year. If you reside in the state of California you cannot seek to hire five or more caregivers for each working day in each of twenty or more calendar weeks in the currrent calender year,

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 CONTENT AND RESTRICTIONS

“Content”, defined as any communications, videos, images, sounds, material, data, and information that you upload or transmit through the site is solely for the purpose of finding or managing care or care-related jobs. However, it is your responsibility to provide accurate, current and complete information in connection with your registration for use of the Sworn Care LLC website. Registered account must be in your legal name, even if the care you are seeking is for someone other than yourself.  All Content you post will be in English as the Site and Services generally are not supported in any other languages.

In regards to “content” you are responsible for any post transmitted, published or uploaded to Sworn Care LLC website you are prohibited from posting  inaccurate, obscene, defamatory, profane, abusive, offensive, sexually oriented, threatening, harassing, 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 Sworn Care website you acknowledge 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.

     Sworn Care LLC reserves the right and at its sole discretion to review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Sworn Care LLC is in violation of the Terms of Use and Terms and Conditions.

You hereby grant us (Sworn Care LLC) and 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 Sworn Care LLC  will not infringe or violate the rights of any third party.

     Content you post on the Site, must be in accordance with all applicable laws and regulations.

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 Sworn Care LLC and we may use such communications without notice to, consent from, or compensation to you.

Content posted on Sworn Care website are user generated, therefore, we do not have control contents and its accuracy, and we do claim responsibility for the accuracy or reliability of any Content provided by Care Seekers or Care Providers including any Content that may include misstatements or misrepresentations.

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BACKGROUND CHECK AND VERIFICATIONS

Care Seekers and Providers Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members.

Individuals registered as Care Providers and Care Givers are subjected to background check and verification services from third-party, consumer reporting agencies (“Background Checks”). Both Care Givers  and Care Providers, All background checks require a separate  payment by the member who is requesting the background check.

All Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the background 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,

     The use of any background check reports obtained through the Sworn Care LLC  is governed by the federal Fair Credit Reporting Act (“FCRA”) and certain state laws. If you order or request access to background check on a Care Giver, 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 the FCRA and any applicable state laws, and summarizes key legal obligations. The information you receive must be used responsibly here is a link to how you may use the information obtained from a background check. Using Consumer Reports: What Employers Need to Know | Federal Trade Commission (ftc.gov)

If the check you receive has negative data and you so choose to take “adverse action” 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. The individual who is the subject of the report must be notified of such actions of your decision to take adverse action based on information in the report and the subject’s right to contest the accuracy or completeness of the report.

We reserve the right to review and Use Background Checks You Order or Authorize About Yourself.

     By registering and using the Sworn Care Website and you acknowledge and agree that we (Sworn Care LLC) may 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. We reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed. If your membership or access to our website is terminated 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 a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent and agree that Sworn Care LLC does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. However, we are under no obligation to reinstate your account even if the information that led to the termination is subsequently changed or corrected.

The purpose of the background check and ID verification process is for the safety of our users. For caregivers to interact with families, caregivers are required to complete a background check to help maintain a safe community and aid the care seeker in making the right decisions pertaining to their needs and family. 

BY AGREEING TO THESE TERMS AND USING SWORN CARE LLC WEBSITE, AND, IF APPLICABLE TO YOU AS A CAREGIVER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW SWORN CARE TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SWORN CARE LLC WEBSITE. 

Please Note*  Sworn Care LLC  has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. Care seekers and employees are urged to perform their own background check and we can assist with that.

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TERMINATION

SWORN CARE LLC reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Sworn Care website and services, to remove your profile and/or any content posted by or about you from the site, and/or to terminate your account with Sworn Care LLC, with or without notice for any reason or no reason in its sole discretion, including without limitation if Sworn Care should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered 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, Care.com 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, Sworn Care LLC has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered 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.

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PAYMENTS AND BILLING

If you have a paid membership subscription for a service or product that includes a recurring fee, you agree to pay Sworn Care LLC all charges associated with the subscription. You authorize Sworn Care LLC or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, service, or product. You agree that if Sworn Care already has your credit card on file because of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.

All paid membership subscriptions and recurring fees will continue until cancelled by member/user.

You may cancel your paid membership subscription at any time by following the instructions on your account settings page. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.

 

FREE TRIAL OFFERS

Sworn Care LLC from time to time may offer a limited-time free trial subscriptions to certain users. Users who sign up for a service on a free trial basis may have limited access to the service and/or features of the website, If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the service, unless otherwise informed by Sworn Care LLC at the time of original subscription. If a user does not want to continue with the service after the expiration of the free trial period, the Care Seeker or Care Giver must downgrade or cancel their subscription before the billing date.

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REFUND POLICY

Except as set forth in these Terms or as described on the Sworn Care website at the time you made a purchase, all payments for subscriptions, services or products made on or through the website are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.

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CONDUCT AND DISPUTES LIABILITY RELEASE CLAUSE

By using Sworn Care website and services, you hereby represent, acknowledge and agree to release Sworn Care LLC and their officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in Sworn Care LLC and our website through their employer’s benefits program, (“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 Giver or other user(s) of the website that are not Backup Care Providers employed by one of our subsidiaries; and

any information, instruction, advice, or services created by any Care Seeker, Care Giver, or other third party that appeared on, or was communicated through Sworn Care website and its Affiliates 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. If you do not agree with the above clause DO NOT USE  SWORN CARE WEBSITE AND SERVICES.

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WARRANTY, DISCLAIMER, WAIVERS AND LIMITAION

The information and materials contained on the Sworn Care LLC website including text, graphics, information, links or other items are provided “as is,” “as available.” opinions, advice, statements, offers, or other information or content made available through the services, but not directly by Sworn Care and are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SWORN CARE LLC 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 SWORN CARE LLC ; (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 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, SWORN CARE LLC 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, SWORN CARE LLC 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.

WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, SWORN CARE LLC OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL SWORN CARE LLC OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

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LIMITATION OF LIABILITY

Incidental Damages and Aggregate Liability. In no event will Sworn Care LLC 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 website and services, including without limitation damages related to any information received from the website and services, removal of content from the website, 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 website or services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. UNDER NO CIRCUMSTANCES WILL SWORN CARE LLC AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE.

No Liability: IN NO EVENT WILL SWORN CARE LLC  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 SWORN CARE WEBSITE AND 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.

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COPYRIGHT NOTICE

Sworn Care responds to all and any complaints of alleged copyright infringement pertaining to the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our website infringe your copyright, you may request removal of those materials from the website by contacting Sworn Care LLC providing identification of the copyrighted work, include a copy or the location of an authorized version of the work that will allow us to locate the material. Provide your name, address, telephone number and e-mail address.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf, a signature or the electronic equivalent from the copyright holder or authorized representative.

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INDEMNIFICATION

By agreeing to these Terms, users of the Sworn Care LLC website and services agree to indemnify, defend and hold harmless Sworn Care LLC and its affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Sworn Care LLC 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 website 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 Giver using the website or services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Sworn Care LLC 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 Sworn Care LLC. Users further agree to hold harmless Sworn Care LLC 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 website.

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ARBITRATION AGREEMENT  

Terms of the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Sworn Care LLC and affiliate, whether relating to these Terms (including any alleged breach thereof), the services, and website shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. 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.

 

OPT-OUT TO ARBITRATION AGREEMENT

You may reject this Arbitration Agreement if you choose by mailing us a written opt-out letter in accordance with the terms of this Section. For new Sworn Care LLC members and users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our website and services for the first time. You must mail the Opt-Out Notice to Sworn Care LLC  Attn: Legal Department, 23518 Diezel St, Saint Clair Shores. MI, 48082.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 Sworn Care website 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, Sworn Care LLC will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Upon receipt of a valid Opt-Out Notice, Sworn Care LLC will provide the opting out user with a copy of the arbitration agreement.

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CONSENT TO ELECTRONIC COMMUNICATION

By using the Sworn Care LLC website and services you agree to allow Sworn Care LLC to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks from Sworn Care LLC via the Sworn Care LLC website, mobile application, online messaging platform, or e-mail. You also agree to check your Sworn Care user account, alerts, and messages, and the e-mail account reflected on your Sworn Care account on a reasonable basis to stay up to date on important notices and information about your account.