Terms & Conditions

Agreement to Terms and Conditions

The following terms and conditions (“Terms and Conditions” or “Agreement”) govern your use of Sterling Care LLC and Sterling Care Home Staffing LLC (hereinafter collectively referred to as “Sterling Care”) website and mobile application (“Site”) and your use of our products, software, and services (collectively, “Services”). Please read these Terms and Conditions carefully. Your use of our Site and Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use our Site or Services.

Changes to Terms and Conditions

We have the right to change or add to the terms of these Terms and Conditions at any time by posting the amended Terms and Conditions on Sterling Care’s Site. Any use of our Site and Services after our publication of any such changes shall constitute your acceptance of the Terms and Conditions as modified. However, any Dispute that arose before the modification shall be governed by the Terms and Conditions (including the binding individual arbitration clause) that was in place when the Dispute arose.

Part One: Terms Governing Use of the Site and Services

Age Limitations

Our Site and Services are intended and only suitable for individuals 18 years of age and above. Some of the content on our Site may not be appropriate for children. Children under the age of 18 are not permitted to use our Site or Services. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our Site. Sterling Care hereby disclaims all liability for use by individuals under the age of 18.

Information on our Site or obtained through our Services is Not Professional Advice

All data, information, text, graphics, links, and other material on the Site are provided as a convenience to our Site visitors. The information provided on our Site or through our Services is for general informational and educational purposes only. The information provided on our Site or Services is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on our Site or through our Services does not constitute the provision or practice of medical or professional health care advice or services.

You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on our Site or other websites linked to or from it or obtained through our Services.

Restricted Use

You may use our Site or Services only to the extent that you obey all laws, rules, and regulations applicable to your use of our Site or Services.

Your Privacy

Upon acceptance of these Terms and Conditions you confirm that you have read, understood, and accepted Sterling Care’s Privacy Policy and HIPAA Policy.

Registration

Registration is not required to view certain content on the Site. However, to use some parts of the Site and Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Site using your Credentials without your authorization, e-mail us immediately at support@Sterling Care.org.

Text Messages

Sterling Care may send Members, Care Seekers, and Care Providers SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from Sterling Care is voluntary. By deciding to receive SMS text messages from Sterling Care, you give Sterling Care express permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, you hereby represent, understand, and expressly agree that Sterling Care does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text messages from Sterling Care.

Transactions

The Site and certain basic services of Sterling Care are free. If you wish to purchase Services described or linked to on the Site (each such purchase, a “Transaction”), Sterling Care will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment information. You understand that, if any such information is provided to Sterling Care, then Sterling Care shall treat any such information in the manner described in our Privacy Policy. By supplying such information, you grant Sterling Care the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

We reserve the right to refuse service to you. Verification of information applicable to a purchase may be required prior to Sterling Care’s acceptance of any order. Price and availability of any Service are subject to change without notice. Sterling Care is not responsible for errors in the prices or descriptions of any Service. Refunds shall be subject to Sterling Care’s refund policy in effect at the time of the applicable Transaction. Current rates for any Service available through the Site may be obtained by sending an email to info@sterlingcare.com.

You agree not to, and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following: (i) recruit, solicit or contact any Care Provider for employment or contracting for a business not affiliated with Sterling Care; (ii) contact other Care Provider for any purpose other than as set forth in these Terms and Conditions; (iii) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; or (iv) attempt to gain access to secured portions of the Site or Services to which you do not possess access rights.

Copyright Notice

Our Site and Services are owned and operated by Sterling Care. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Sterling Care, are licensed to it, or are used with permission. Sterling Care and its licensors retain and reserve all proprietary rights to the contents of our Site and Services.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Sterling Care. You may link to, view, download, use, display and print a single copy of the materials found on our Site and Services only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Sterling Care or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] Sterling Care All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. Sterling Care may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on our Site and Services infringes a valid copyright owned by you, you (or your agent) may send Sterling Care a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@sterlingcare.com.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.

Trademark Notice

Sterling Care names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Sterling Care. All rights are reserved. You are not authorized to use any Sterling Care name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Sterling Care. All other trademarks appearing on the Site are the property of their respective owners.

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Part Two: Additional Legal Terms

Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of our Site and Services will be in compliance with these Terms and Conditions.

No Warranties

USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STERLING CARE OR THROUGH OUR SITE AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, STERLING CARE, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; THAT OUR SITE AND SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SITE AND SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE AND SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

STERLING CARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE AND SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STERLING CARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnity

BY VISITING OUR SITE AND SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS STERLING CARE, AND ANY AFFILIATED STERLING CARE ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “STERLING CARE PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED STERLING CARE OF THE POSSIBILITY OF SUCH CLAIM.

Limitation of Liability and Damages

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF STERLING CARE PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES OR THE MATERIALS ON OUR SITE AND SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

Disputes

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact info@sterlingcare.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Sterling Care, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms and Conditions to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Sterling Care including, but not limited to, any claims relating in any way to these Terms and Conditions (including its breach, termination, or interpretation), any other aspect of our relationship, Sterling Care advertising, and any use of Sterling Care services.

Binding Individual Arbitration

You and Sterling Care agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST STERLING CARE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Fairfield County, Connecticut, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Sterling Care will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Sterling Care also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

Jurisdiction

Information provided on Sterling Care’s Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

Our Site and Services are a service provided by Sterling Care and do not constitute any contact with any jurisdiction outside the State of Connecticut. Use of our Site or Services is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing our Site or Services illegal. Users in such jurisdictions visit and use our Site or Services entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of Connecticut, United States of America. It is governed by and shall be construed under the laws of Connecticut, exclusive of any choice of law or conflict of law provisions.

Requests for Information

If you contact Sterling Care and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Privacy Policy.

Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

Links to Other Websites

Sterling Care’s Site or Services may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Sterling Care. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms and Conditions. Sterling Care expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Site or Services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site or Services, is subject to that website’s own rules and policies.

Downloadable Files and Email

Sterling Care cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Sterling Care does not assume any responsibility or risk for damage to your computer or its files related to your use of the Site or Services.

Other Provisions

Except as expressly provided in these Terms and Conditions, these terms are a complete statement of the agreement between you and Sterling Care, and they describe the entire liability of Sterling Care and its vendors and suppliers and your exclusive remedy with respect to your access and use of our Site or Services. In the event of a conflict between these Terms and Conditions and any other Sterling Care agreement or policy, these Terms and Conditions shall prevail on the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms and Conditions. These Terms and Conditions do not limit any rights that Sterling Care may have under trade secret, copyright, patent, or other laws. Sterling Care’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign any rights or obligations under this Agreement without Sterling Care’s prior written consent. Sterling Care may assign all or part of this Agreement.

Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

Entire Agreement; Amendment

This Agreement constitutes the entire Agreement between you and Sterling Care applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

Conflicting Terms

Anything on the Site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

No Rights of Third Parties

This Agreement does not create rights enforceable by third parties.

Contact Information

Please contact us with any questions or concerns regarding this Agreement by telephone at (203)532-0500 or by e-mail at info@sterlingcare.com.

These Terms and Conditions were last updated on September 19, 2016.

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235 Glenville Road 3rd Floor,
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