Effective Date: March 31, 2021
Thank you for using Homethrive, Inc., the leader in elder care management and support (“Homethrive,” “us,” or “we”). These Terms of Service (“Terms”) govern your use of Homethrive, including any use of the services available via the Homethrive website or our mobile applications, as well as on any website that links to these Terms.
These Terms represent a binding contract between you and us, and by creating an account or otherwise accessing or using Homethrive, you expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any and all disputes.If you do not agree to be bound by these Terms, you may not use Homethrive.
Homethrive provides you and your loved ones with access to personalized coaching, assistance, and certain third-party vendor services (the “Services”), You are free to review our website and the information provided herein, but to schedule an appointment with one of our Care Guides, or purchase our Services, you will need to create an account. You can do so here, or by calling our Help Line at 1-888-777-2199. When you create an account, we require you to provide information about yourself, including your name, phone number, email address and a password (“Account Information”).
You agree that your Account Information will be accurate, current, and in a form sufficient to allow us to contact you from time to time. You agree that we may contact you via phone or send communications to your email address for customer service, confirmations, newsletters, product offers and other matters. You may choose to opt out of some of this email correspondence by using the links at the bottom of our emails. Please note that we will still send you account-related emails as applicable, such as purchase confirmation and password reset emails.
Services as described on the Homethrive website (www.homethrive.com) are hereby incorporated by reference.
No Medical Advice
Homethrive does not offer medical advice of any kind, and no part of the Homethrive Service is intended to be a substitute for professional medical advice, diagnosis, or treatment. You should not construe it as such. You should always seek the advice of your own physician or another qualified healthcare provider with any questions you have about a medical condition. Homethrive does not provide any services which are required to be performed by an individual licensed under the Nurse Practice Act, nor any services that are deemed “home services” or “in-home services” under applicable law.
Emergency Contact Policy
In the event of an emergency, our policy is to instruct Care Guides to dial 911.
Term and Termination
This term of this Agreement shall be monthly, with automatic renewals until such time as either party provides at least 30 days written notice of its intent that it should terminate or modify level of service.
Homethrive is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store any Homethrive Content (as that term is defined below) outside of the Homethrive platform, or as otherwise provided to you directly by Homethrive. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Homethrive Content. You agree that all data, knowledge, processes, and the like which are used in connection with providing Homethrive and any of the Homethrive services to you are “trade secrets” as defined, without limitation, under applicable law. All intellectual property rights in Homethrive are, as between you and us, the sole and exclusive property of Homethrive. Homethrive “Content” includes but is not limited to, all information, images, video clips, files, software, technical and scientific information, specifications, catalogs, trademarks, service marks, trade dress, and other content or materials on the website or available via our mobile application(s).
Canceling Your Account
While we hope you find Homethrive beneficial and are satisfied with the Services, you may cancel your account at any time by contacting us at firstname.lastname@example.org.
YOU AGREE THAT USE OF HOMETHRIVE IS AT YOUR OWN RISK AND THAT HOMETHRIVE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMETHRIVE AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING HOMETHRIVE AND ANY OF THE HOMETHRIVESERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOMETHRIVEMAY MAKE REFERRALS CONCERNING OTHER PROVIDERS OR SERVICES PERFORMED BY THIRD PARTIES. HOMETHRIVE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY SUCH PROVIDER. AND YOU AGREE TO HOLD HARMLESS HOMETHRIVE, ITS EMPLOYEES, AGENTS, CONTRACTORS, DIRECTORS, OFFICERS, AND PERSONNEL FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OR ANY OTHER LIABILITY, WHETHER KNOWN OR UNKNOWN, ARISING UNDER TORT OR CONTRACT, FOR ANY ACT OR OMISSION OF ANY SUCH PROVIDER. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HOMETHRIVE OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TOHOMETHRIVE, IF ANY; (II) ANY FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF HOMETHRIVE; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Homethrive, Your Content, or the violation of these Terms by you.
Agreement to Arbitrate and Waiver of Class Action Claims
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at Homethrive, Inc., ATTN: DISPUTE NOTICE, 40 Skokie Blvd., Suite 220, Northbrook, IL 60062 or by email to email@example.com. Before we file a claim against you, we agree to contact you at the email address associated with your Homethrive account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
- GENERAL. YOU AGREE THAT YOU ANDHOMETHRIVEWILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO HOMETHRIVE OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail.
- B. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Chicago, IL, or any other location you and we mutually agree to.
- C. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights or claims of criminal activity without first engaging in arbitration or the informal dispute resolution described in this Section.
- D. CLASS ACTION WAIVER. YOU ANDWEAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
- E. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Homethrive, Inc, 40 Skokie Blvd., Suite 220, Northbrook, IL 60062, or by email to firstname.lastname@example.org. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we also will not be bound.
(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in these Terms is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Illinois law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Cook County, Illinois as the legal forum for any dispute between them.
(c) Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the Homethrive website or in our mobile application(s), or by posting updated Terms here.
(d) Elder Abuse Reporting. Homethrive shall report all instances of elder abuse to appropriate authorities as outlined in the respective State Adult Protective Service reporting laws.
(e) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by us on Homethrive, these Terms shall govern, unless otherwise indicated. Sections of these Terms which by their nature should survive any termination will indeed so survive.