Services are offered and available to users who meet the following Eligibility Requirements:
you are at least eighteen (18) years old;
you have/will comply with all laws, rules and regulations in connection with your use of the Services and any service arranged through the Services;
neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person's own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses; and
neither you, nor anyone in your home or, as applicable, the location where care services are provided or received:
has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;
has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or
has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity;
By using these Services, you represent and warrant that you currently meet and will continue to meet all of the foregoing eligibility requirements for as long as you use the Services. If you do not meet all of these requirements, you must not access or use the Services. You understand and agree that Stroll Care, LLC may rely on the above Eligibility Requirements representations and warranties as true and you must discontinue use of the Service if at any time you no longer meet the Eligibility Requirements. You further understand that Stroll Care, LLC may revise the Eligibility Requirements from time to time and you agree to abide by such revised Eligibility Requirements or discontinue using the Services and uninstall the Apps.
Although Stroll Care, LLC has no obligation to verify the Eligibility Requirements, it reserves the right to do so in its sole discretion, and you hereby authorize Stroll Care, LLC to verify any or all of the above representations and warranties you make or the other information you provide.
Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.
If Stroll Care, LLC becomes aware of or believes that there are violations of the Eligibility Requirements by a User, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Services after termination or during suspension.
You understand and agree that Stroll Care, LLC does not routinely verify that any or all of the Eligibility Requirements are met by any other Users and we are not
responsible for assuring that the Eligibility Requirements are met. You further understand and agree that Stroll Care, LLC is not responsible for any failure to suspend, terminate or prevent the use of the Services by Users who do not meet the Eligibility Requirements. You are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another user to perform services. You are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users.
STROLL CARE, LLC HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE STROLL CARE, LLC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO: (I) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER'S ELIGIBILITY REQUIREMENTS; AND/OR (II) ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS.
Accessing the Website and Account Security
The Services will be in the form and format as determined by Stroll Care, LLC. We reserve the right to withdraw or amend these Services, and any material we provide, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict User access to some parts of the Services, or the entire Service.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to us through the use of any interactive
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with your secured information. You understand and agree that you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You further agree to not sell, license, lease or otherwise transfer your account to any other person or entity, without our prior written consent.
Intellectual Property Rights
The Services and its entire contents, features and functionality, including but not limited to, all information, materials, tools, code and content contained therein, text, graphics, data, HTML, photographs, music, sounds, images, software, videos, algorithms, structure, organization, and other content (collectively "Proprietary Material"), are owned by www.strollcare.com/privacy-policy , its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may download one copy of a reasonable number of pages of the Apps or Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Copy, download, use, redesign, reconfigure, or retransmit anything from the Services without www.strollcare.com/privacy-policy prior express written permission.
Post, distribute or reproduce any User Content that you do not own, or which you do not have permission to use.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Apps or Website.
Access or use for any commercial purposes any part of the Services or any materials available through the Apps or Website.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Stroll Care, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Stroll Care, LLC. All other names, logos, product and service names, designs and slogans on the Apps or Website are the trademarks of their respective owners.
You further agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including, by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services or expose them to liability.
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Services.
Post the same content repeatedly or spam other Users.
Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Services, except where sponsored or created by Stroll Care, LLC
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Apps and Website.
Introduce any viruses, Trojan horses, worms, logic bombs, corrupted files or other material which is malicious or technologically harmful.
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Reverse engineer or attempt to discover any source code.
Otherwise attempt to interfere with the proper working of the Services.
You represent and warrant that:
You own or control all rights in and to the User Contributions you post, and you and have the right to grant the license granted above to us and our affiliates, service providers, licensors, successors and assigns.
You understand and acknowledge that:
You are responsible for any User Contributions you post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Stroll Care, LLC does not independently verify that any of the User Contributions are accurate, appropriate, timely or complete.
You make your own decisions and assessments about User Contributions and about persons to engage or engagements to accept.
WE ARE NOT RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS POSTED BY YOU OR ANY OTHER USER OF THE SERVICES. YOU HEREBY EXPRESSLY RELEASE Stroll Care, LLC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARM, LOSS AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO ANY USER CONTRIBUTIONS, INCLUDING WITHOUT LIMITATION CLAIMS OF DEFAMATION, LIBEL AND SLANDER.
Changes to the Website
We may update the content on the App or Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Apps or Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You; Communicating with Stroll Care, LLC
You consent to Stroll Care, LLC communicating with you about the Services or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal messaging, data and other rates and fees will apply to these communications.
Online Purchases and Other Terms and Conditions
The Services may be used to help Users obtain or offer caregiving services and facilitate payment for such services. However, Users transact solely between themselves, and Stroll Care, LLC is not a party to any transactions between Users. Stroll Care, LLC hereby expressly disclaims, and you hereby expressly release Stroll Care, LLC from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
Stroll Care, LLC may use third-party payment processing services to process credit card payments in connection with the payment of membership fees and amounts payable for other services (the "Payment Service"). Payment processing services for Stroll Care, LLC are provided may be provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement", found at https://stripe.com/us/connect-account/legal ) By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified
by Stripe from time to time. As a condition of Stroll Care, LLC enabling payment processing services through Stripe, you agree to provide accurate and complete information about you, and you authorize Stroll Care, LLC to share it and transaction information related to your use of the payment processing services provided by Stripe. Please note that Stroll Care, LLC is not a party to the Stripe Services Agreement and as such it has no obligations or liability to you of any kind under the Stripe Services Agreement. If you have questions regarding the Stripe Services Agreement, please contact Stripe at https://support.stripe.com.
Stroll Care, LLC hereby expressly disclaims, and you hereby expressly release Stroll Care, LLC from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Stroll Care, LLC's use of third-party payment processing services.
For further information about Stroll Care, LLC's use of payment processing services, please contact Stroll Care, LLC by email at firstname.lastname@example.org.
Linking to the Website and Social Media Features
The Apps or Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Apps or Website.
Send e-mails or other communications with certain content, or links to certain content, on the Apps or Website.
Cause limited portions of content on the Apps or Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Apps, Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Apps or Website other than the homepage.
We may disable all or any social media features and any links at any time without notice, at our sole discretion. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease.
Links from the Website
The Services may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the
Consumer Reporting Agencies
Note the following limitations in Consumer Reports:
Records not available to third-party consumer reporting agencies will not be included in the results.
Not all arrest logs and records, conviction and corrections' records, sex offender registries and motor vehicle records are available in all jurisdictions.
In many jurisdictions there is a delay before arrest logs and records, conviction and corrections' records, sex offender registries and motor vehicle records are included in Consumer Reports.
Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results.
Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported.
Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESSING THE SERVICES, DOWNLOADING ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT
PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION.
YOU HEREBY EXPRESSLY RELEASE STROLL CARE, LLC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES OR STROLL CARE, LLC CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
Stroll Care, LLC, its affiliates, licensors, service providers, employees, agents, officers and directors hereby expressly disclaim, and you hereby expressly release them from, any and all liability whatsoever for any controversies, claims, suits, injuries, breaches, losses, harm and/or direct, indirect, special, incidental, consequential or punitive damages arising from and/or in any way related to your use or inability to use the Services, third party content or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Services, you acknowledge and agree that you are solely
responsible for your use of the Services and the connections you make and that ALL USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF STROLL CARE, LLC TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, STROLL CARE, LLC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Governing Law; Jurisdiction; No Class or Representative Actions.
this arbitration provision, the terms of the arbitration provision will be controlled unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration.
The arbitration shall be conducted in South Bend, Indiana, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. Stroll Care, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in South Bend, Indiana, necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of Indiana.
Each party will pay its own attorneys' fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stroll Care, LLC will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Any such controversy, claim, suit, injury, harm, loss or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. You understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence arbitration against Stroll Care, LLC, you must file a case with the AAA. Instructions for filing a case with the AAA can be found on its website, www.adr.org. You must send a copy of any filing to Stroll Care, LLC at:
Stroll Care, LLC Attn: Legal
PO Box 6714, South Bend, IN, 46660, USA
For more information, see the AAA's claim filing page, www.adr.org/fileacase.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns; Notices
The Services are operated by Stroll Care, LLC at PO Box 6714, South Bend, IN, 46660, USA
Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed above.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com.
Additional Terms Applicable To iPhone, iPod Touch or iPad Applications.
Scope of License: The license granted to you is limited to a nontransferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support: You and Stroll Care, LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Product Claims: You and Stroll Care, LLC acknowledge that as between Apple and Stroll Care, LLC, Stroll Care, LLC, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You and Stroll Care, LLC acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Stroll Care, LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of
Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Any questions, complaints or claims with respect to the App should be directed to:
Stroll Care, LLC
Address: PO Box 6714, South Bend, IN, 46660, USA Email: firstname.lastname@example.org