Terms of use

Last updated: October 2015

These Terms of Use ("Terms") govern the access and use by you of the technology, applications, websites, content, products, and services (the "Platform”) made available by Care Current, Inc. d/b/a Feather.

1. About The Feather Platform

Feather offers the Platform to enable people seeking non-medical, in-home personal care for seniors (the “Care Services”) to be connected with independent, third-party providers of Care Services ("Independent Caregivers"). The person receiving the Care Services (the “Recipient”) may be you or another person for whom you have the authority to order Care Services, such as a parent or other relative. Feather checks the background and experience of the Independent Caregivers via third party background check services and other means; however, you must decide whether an Independent Caregivers is suited to your needs and whether to work with a particular Independent Caregiver. The Care Services are provided solely by the Independent Caregivers, and Feather itself does not provide or warrant the Care Services.

2. Our Agreement

These Terms constitute an agreement between Feather and you, on behalf of yourself and any Recipient. You represent that you and the Recipient (if not yourself) are at least 18 years old and the age of legal majority in your jurisdiction. If the Recipient is someone other than yourself, that person shall also be bound by these Terms, and every reference in these terms to you shall also include the Recipient. You represent that you have full power and authority to agree to these Terms on your and the Recipient’s behalf and to bind both of you to the Terms. Feather may amend the Terms from time to time by providing notice to you in accordance with Section 8. Your continued access or use of the Platform constitutes your consent to be bound by the Terms, as amended.

3. Scheduling And Payment

3.1. Scheduling Appointments

Appointments for Care Services with Independent Caregivers can be scheduled through the Feather website. Your request for Care Services is only accepted when you receive a confirmation of the scheduled appointment times with an Independent Caregiver.

3.2. Appointments are Recurring

All Care Service appointments are booked on a recurring, regular basis, such as every day, or on certain days every week. Feather will automatically schedule appointments to occur on future dates indefinitely at the frequency agreed by you and Feather. Feather cannot guarantee that the same Independent Caregiver will be scheduled for each appointment or that appointments will not be canceled by the Independent Caregiver. See “Cancellation by You” for information on how to cancel appointments.

3.3. General Payment Terms

You agree to keep a current credit card on file with Feather at all times. We will charge your credit card according to the rates for Care Services published on our Website. All published rates are inclusive of the fees of the Independent Caregivers for the Care Services and Feather’s fees for usage of the Platform (“Service Fees”). All Service Fees are due immediately upon completion of the scheduled Care Service appointments each week on Friday and you hereby authorize Feather to charge the credit card on file following completion. We retain the right to place a hold on your credit card for an ordered or completed Care Service appointment. We will use third party services to process credit card information.

3.4. Incidental Expenses

Service Fees do not include any reimbursement costs or expenses associated with the Care Services, such as food for the Recipient or costs associated with any outing. Payment or reimbursement arrangements for those expenses must be made between you and the Independent Caregiver directly.

3.5. Cancellation by You

You may cancel any appointment by calling Feather at 1-855-699-3847 no later than 24 hours prior to the scheduled appointment. You authorize us to charge your credit card for any scheduled Care Service appointments that you do not cancel in accordance with this paragraph, even if the Independent Caregiver is unable to deliver the services due to the unavailability of or refusal by the Recipient.

3.6. Cancellation or Substitution by Independent Caregiver

If an Independent Caregiver is unable to make any scheduled appointment and Feather receives sufficient advance notification, Feather will make the appointment available to other Independent Caregivers through the Platform. Feather cannot guarantee that a replacement will accept the appointment in sufficient time, and if no replacement is available, you will not be charged for the appointment. You agree to accept Care Services from any substitute Independent Caregiver in the event that the scheduled Independent Caregiver is unable to make the appointment.

3.7. No Refunds

No refunds or credits will be provided once your credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made.

4. Your Use Of The Platform

4.1. Your Account

You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. If you communicate with us over the phone, you authorize us to update your account on your behalf.

4.2. Information You Provide Us

When you create a Feather account, you submit personal information about you and the Recipient, such as name, address, mobile phone number and age, as well as information about the Recipient that may be relevant to the Care Services, such as physical or mental condition, preferences, diet, etc. You agree to provide accurate, complete, and up-to-date information, and your failure to do so may result in adverse consequences, including the inability of the Independent Caregiver to provide the Care Services or your inability to access and use the Platform. We may provide the information you give Feather to any Independent Caregiver who provides Care Services to the Recipient. Your usage of the Platform is subject to our Privacy Policy.

4.4. Communications from Us

You consent to the receipt by both you and the Recipient of calls to your mobile phone number and text (SMS) messages from both Feather and the Independent Caregivers who are providing Care Services to the Recipient. Standard voice and data charges from your phone carrier may apply to these calls and texts. You may also receive email communications from Feather, such as newsletters, special offers, and account reminders and updates. You can remove yourself from communications that are not related to the delivery of services by following the instructions in the email.

4.5. License

Subject to your compliance with these Terms, Feather grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferrable license to access and use the Feather Website and Applications, and any content, information or other materials made available through the Platform solely in connection with your personal, noncommercial use of the Platform. Any rights not expressly granted herein are reserved by Feather.

4.6. Use of the Platform

You agree to comply with all applicable laws when using the Platform, and you may only use the Platform for lawful purposes. You will not in your use of the Platform cause nuisance, annoyance, inconvenience, or property damage, whether to the Independent Caregiver or any other party. You will not take any of the following actions with respect to the Platform: reproduce, distribute, license, resell, copy, reverse engineer, mirror, frame, scrape, data mine, spam, access in an unauthorized manner, interfere with, or use to build competitive or similar products.

4.7. Ownership

The Platform and all associated rights are Feather’s property. Nothing in the Usage Policy or the Terms shall convey or grant to you any rights except for the limited license granted above.

5. Independent Caregivers and Care Services

5.1. Direct Engagement

You may elect to engage and communicate with any Independent Caregiver directly and not through the Platform, provided that you first terminate your relationship with Feather and your use of the Platform. You can do this by calling us at 1-855-699-3847. In the event that you do not respect this clause, you may be liable to us for Service Fees for services provided in violation of this Agreement.

5.2. Nature of Relationship

Feather is not the employer of the Independent Caregiver (domestic worker) it referred to you. The domestic worker may be your employee or an independent contractor, depending on the relationship you have with him or her. If you direct and control the manner and means by which the Independent Caregiver (domestic worker) performs his or her work you may have employer responsibilities, including employment taxes and workers' compensation, under state and federal law. For additional information contact your local Employment Development Department and the Internal Revenue Service.

5.3. Transportation

If you have selected transportation services in the Recipient’s car, you understand that the Independent Caregiver will drive the Recipient’s car and you represent you have all necessary insurance to cover any accidents or liability that may occur. If you have selected transportation services in the Independent Caregiver’s car, you understand that the Recipient will ride in the Independent Caregiver’s personal car as a passenger of the Independent Caregiver.

5.4. Gratuities

The Service Fees are intended to fully compensate Independent Caregivers for the Care Services provided. Feather does not designate any portion of your payment as a tip or gratuity to the Independent Caregiver. While you are free to provide additional payment as a gratuity to any Independent Caregiver, you are under no obligation to do so. Gratuities are voluntary and arrangements for their payment must be made outside of the Platform. You are responsible for determining whether any gratuity is reportable to any taxing authority and for making such report.

5.5. Ratings

Whenever you or the Recipient is asked to provide ratings of the Independent Caregiver, you agree that all ratings will represent the independent, honest and genuine opinion of the person providing the rating.

5.6. Good Samaritan

The Care Services do not include medical care of any kind, including emergency care, and no part of the Service Fees constitute compensation for any medical or emergency care. If an emergency occurs while an Independent Caregiver is with a Recipient, neither the Independent Caregiver nor Feather shall be liable for any damages resulting from any act or omission of the Independent Caregiver. Whether an Independent Caregiver renders emergency care is at the discretion of the Independent Caregiver. Independent Caregivers and, if applicable, Feather, shall be entitled to the full benefit of any “Good Samaritan” laws.

6. No Professional Advice

All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Feather expressly disclaims, and You expressly release Feather from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.

7. Disclaimers; Limitation Of Liability; Indemnity

7.1. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FEATHER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, SAFETY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE.

7.2. Limitation of Liability

FEATHER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY LOSS OR DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY SERVICES, EVEN IF FEATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FEATHER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FEATHER’S REASONABLE CONTROL. IN NO EVENT SHALL FEATHER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RELATED TO THE PLATFORM OR ANY SERVICES EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

7.3. Indemnity

You agree to indemnify and hold Feather and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with your use of the Platform, the Care Services, your lack of authority to bind the Recipient to these Terms, the breach or violation of any of these Terms, or your violation of the rights of any third party, including any Independent Caregiver.

8. Dispute Resolution; Arbitration

8.1. Binding Arbitration

You, Recipient and Feather agree to resolve any dispute, controversy or claim, past, present, or future, between you and/or any Recipient and Feather ("Dispute") through final and binding arbitration ("Arbitration Agreement"), except those Disputes excluded below. YOU UNDERSTAND THAT NEITHER YOU, ANY RECIPIENT, OR FEATHER WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL, except as expressly excluded below. This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Feather will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Waiver of Right to Participate in Class Action" described below.

8.2. Excluded Disputes

The following Disputes are excluded from this Arbitration Agreement: (1) any injunctive or other equitable relief on an individual basis in a federal or state court with respect to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights; (2) individual claims in small claims court; or (3) any claim that an applicable federal statute expressly states cannot be arbitrated.

8.3. Waiver of Right to Participate in Class Action

You, the Recipient and Feather agree that any arbitration or other dispute proceedings will be limited to the Dispute between the Company and you or the Recipient individually. YOU ACKNOWLEDGE AND AGREE THAT YOU, THE RECIPIENT AND FEATHER ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. If this specific paragraph is held unenforceable, then the entirety of Section 7 “Dispute Resolution; Arbitration” shall be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

8.4. Rules Governing Arbitration Proceeding

A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

8.5. Severability

You, the Recipient and Feather agree that, except as provided under “Waiver of Right to Participate in Class Action,” if any portion of this section entitled "Dispute Resolution; Arbitration " is found illegal or unenforceable, that portion will be severed and the remainder of this Section 7 will be given full force and effect.

9. General

9.1. Termination

Feather may immediately terminate our agreement, as evidenced by these Terms, or the offering of the Platform or any portion thereof, at any time for any reason, through notice as provided below.

9.2. Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to any conflict of law principles.

9.3. Notice

Feather may give notice by means of a general notice on the the Feather website or any application, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Feather, with such notice deemed given when received by Feather, at any time by first class mail or pre-paid post to Care Current, Inc., 3618 Walker Avenue, Mailbox 4, Memphis, TN 38111.

9.4. Assignment; Construction

You may not assign these Terms without Feather’s prior written approval. Feather may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Feather’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Feather’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Feather in writing.